Click on each bill for a description and its current status

1. SB 1309/HB 2561: Arizona Citizenship
2. SB 1308/HB 2562: Interstate Compact; Birth Certificates
3. SB 1406: Interstate Compact; Border Fence
4.  SB 1405: Immigration Status; Hospital Admissions
5.  SB 1611: Immigration Omnibus
6.  SB 1465: Valid Identification; Consular Cards; Prohibition
7. SB 1490: Illegal Alien; Food Service Workers
8. SB 1342: Arizona Rangers; Border Security Activities
9. SB1117/HB 2537: Immigration Legislation Challenges
10. SCR 1006: Border Security Plan
11. SB 1222: Public Benefits; Eligibility; Required Proof
12. HB 2505 – School Pupils; Lawful Status; State Aid
13. SB 1225: Forgery; Human Smuggling; classification
14. HB 2179: Schools; Students; Data Collection
15. SB 1407: Schools; Data; Noncitizen students
16. SB 1368: Human Smuggling Organization; Offense; Penalty
17. SB 1495/HB 2070: Arizona State Guard; Establishment
18. HB 2181: National Guard Mobilization; Border
19. HB 2405: Human Smuggling Organization; Offense; Penalty
20. SB 1046 - Juvenile corrections; discharge; ICE detainers
21. HB 2439 - Driver license requirements; violation; misdemeanor
22. SB 1607/SB 1141: Schools; Residency Requirements
23. SB 1012: Tech Correction; Technical Registration Bd.  Striker: Fingerprint Clearance Cards; Citizenship Status
24. HB 2624: Public benefits; reporting fraud
25. HB 2677:  International Money Wire Transfer Assessment
26. Striker Amendment - HB 2191:  Actions By Illegal Aliens Prohibited

27. HB 2718: Public Safety Equipment Fund

28. HB 2102: License Eligibility; Authorized Presence

29. HCM 2003:  Daily Commuter Program

30. SB 1404:  Grain Research Trust Fund. Striker: Recovery of Attorney Fees

1. SB 1309/HB 2561: Arizona Citizenship. First Sponsors: Sen. Gould, R-3; Rep. Harper, R-4. These bills create an Arizona Citizenship, which can only be obtained if a person is born in the US and subject to its jurisdiction and lawful Arizona resident, or naturalized in the US and a lawful Arizona resident.  The bill defines a person as “subject to the jurisdiction of the US” as someone who has at least 1 parent who is a US citizen or national who owes no allegiance to another country, or an immigrant who has permanent lawful residence status, or a person who does not have citizenship or nationality in any other country.

Status: Failed to pass Senate by 19-11 vote on 3/17/11.
Last Action: Senate Rules Committee approved on 3/9/11.

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2. SB 1308/HB 2562: Interstate Compact; Birth Certificates. First Sponsors: Sen. Gould, R-3; Rep. Harper, R-4. This bill authorizes the Governor to sign an agreement with other states so that they can make a distinction in the birth certificates, certifications of live birth or other birth records issued in those states that identifies whether a person born in the state is “subject to the jurisdiction of the US” and a person who is not.

Status: Failed to pass Senate by 18-12 vote on 3/17/11.
Last Action: Senate Rules Committee approved on 3/9/11.

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3. SB 1406: Interstate Compact; Border Fence. First sponsor, Sen. Steve Smith, R-23. This measure creates an interstate agreement that would allow the Governor to enter into agreements with other states to allow for the construction and maintenance of a fence along the Arizona-Mexico border. The fence will be located on private property, if landowners consent.  It also allows Arizona to develop its own funding mechanisms to pay for the fence’s construction and requires that the state use correctional inmates and private contractors to build and maintain it. The House COW passed an amendment allowing the Joint Border Security Advisory Committee to manage the construction and maintenance of the fence. It also added to the Committee the County Sheriffs of Maricopa, Pinal, Cochise and Yuma.  It also established a border security trust fund, which will be used to deposit the monies to be used to build the Arizona border fence. The state treasurer will administer this fund.

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4.  SB 1405: Immigration Status; Hospital Admissions. First Sponsor, Sen. Steve Smith. R-23. Before a hospital admits a person for nonemergency care, a hospital admissions officer must confirm that the person is a citizen of the United States or is lawfully present in this country. If the person is not lawfully present, the admissions officer must contact the local federal immigration office. If a hospital provides emergency care to a person not lawfully present in the United State, after successful treatment of the patient, the admissions officer must contact the local federal immigration office. Hospitals complying with this requirement are not subject to civil liability.

Status: Failed to pass Senate by 18-12 vote on 3/17/11.
Last Action: Senate Rules Committee approved on 3/9/11.

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5.  SB 1611: Immigration Omnibus. Sen. Russell Pearce, R-18. Makes changes to various statutes related to immigration and demonstrating proof of legal residence in this country, including, deleting the exclusion of certain federal programs (e.g., Medicaid) from the requirement that participants must show proof of lawful presence. The effect is to make any person who receives a public benefit paid for from state or federal monies (including public housing) subject to the requirement to demonstrate lawful presence in this county. Establishes that persons living in public housing can be evicted if they have an undocumented person residing with them.  Eliminates the special treatment regarding citizenship documentation extended to American Indians, the elderly and disabled. It is a class one (highest) misdemeanor for an undocumented person to operate a motor vehicle in Arizona. Punishments include forfeiture of the vehicle and the person is subject to a 30-day jail sentence and must pay costs of incarceration. The Department of Transportation must have proof of lawful presence from any individual wishing to title or register a motor vehicle. The identification required to enroll a child in school is limited to one of 12 specific items. Universities and community colleges are prohibited from admitting people who cannot provide proof of residence. The attorney general is required to give notice to any employer who does not provide proof that the employer is registered with and is participating in the E-Verify Program.  A business that fails to enroll will have their licenses suspended.  The measure also prohibits any state entity from accepting a consular identification card as a valid form of identification.

Status: Failed to pass Senate by 19-11 vote on 3/17/11.
Last Action: Senate Rules Committee approved on 3/9/11.

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6.  SB 1465: Valid Identification; Consular Cards; Prohibition. Sen. Ron Gould, R-3. This measure would prohibit the state or any of its political entities from accepting any consular identification card issued by a foreign government as a form of ID.

Status: Scheduled for Third Read in the House on 4/18/11.
Last Action: House COW approved on 4/13/11.

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7. SB 1490: Illegal Alien; Food Service Workers.  Sen. Ron Gould, R-3. This bill would prohibit counties from issuing food service worker cards to individuals who do not provide documentation establishing US citizenship or documented status in the country.

Status:  No movement this past week.
Last Action: Assigned to House Employment and Regulatory Affairs and Commerce Committees on 3/7/11.

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8. SB 1342: Arizona Rangers; Border Security Activities. Sen. Frank Antenori, R-30. This measure enables the Arizona Rangers to engage in border security activities if there is a proclamation by the Governor stating a need for border security, to protect the lives or property of the people of this state and a request to members of the AZ Rangers to serve as volunteers. The bill also enables the Rangers to enter into mutual assistance and support agreements pertaining to border security activities with Arizona law enforcement agencies.

Last Action:  SB 1342 was held in Senate Border Security, Federalism & States’ Sovereignty Committee at 9:00 am on 2/10/11.

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9. SB1117/HB 2537: Immigration Legislation Challenges. Sen. Russell Pearce, R-18; Rep. Kirk Adams, R-19. This bill would give the Senate President and House Speaker unlimited power to hire private attorneys to defend last year’s SB1070 and any future amendments to it without seeking further legislative approval to do so.

Last Action: SB 1117 – Signed by Governor Brewer into law on 2/7/11.

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10. SCR 1006: Border Security Plan. First Sponsor, Sen. Sylvia Allen, R–5. This Resolution expresses support for the border security plan put forward by the Arizona Cattle Growers’ Association. Among other things, this plan depicts our border as lawless and suffering of rampant crime; calls for 3,000 additional Border Patrol field agents to Arizona; deployment of military units to the border; enable law enforcement to use force when apprehending persons unlawfully present in the country; provide for felony prosecution of all immigration detainees; implement full-time electronic, optical and other technological surveillance and establish one permanent Forward Operating Base (similar to a mini-checkpoint) every 12 miles.

Status: Sent to Secretary of State on 4/12/11.
Last Action: House approved by 39-18 vote on 4/7/11.

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11. SB 1222: Public Benefits; Eligibility; Required Proof. Sen. Andy Biggs, R-12. If signed into law, this bill will amend HB 2008 (approved in 2009) to require recipients of any public benefit administered by a state or local agency (even those that have federal funding) to prove U.S. citizenship before receiving the benefit.  SB 1222 also increases the penalties for government workers that do not report suspected violators of federal immigration law that request access to public benefits to a class 1 misdemeanor (punishable by up to 6 months in jail and $2500 fine) from its current class 2 classification (up to 4 months in jail and $750 fine). The bill also would establish that:
o    State Public housing authorities ask a person applying for public housing to provide verification of US citizenship or documented verification of qualified status.
o    Public housing authorities evict all residents of a house or apartment owned, operated, managed or contracted for by the public housing authority if a resident of that unit allows an undocumented person to live there with them.  Violators of this section will be charged with a class 1 misdemeanor.

Status: No movement this past week.
Last Action: Stricken from House consent calendar on 4/5/11.

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12. HB 2505 – School Pupils; Lawful Status; State Aid. Rep. Carl Seel, R-6; Sen. Russell Pearce, R-18. This measure prohibits school districts and charter schools from including in their average daily count children whose parents are unable to prove the child’s lawful presence in the US. This would lead to schools not be able to receive any state funding for educating these children, who, per the Supreme Court decision of Plyler v. Doe, have the right to attend public education in the US.

Status: No movement this past week.
Last Action: 1/20/11 – Referred to House education and appropriations committees.

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13. SB 1225: Forgery; Human Smuggling; classification.  First Sponsor, Sen. Kyrsten Sinema, D-15. This bill amends the crime of forgery to add that if a person uses a forged instrument to buy, lease or rent a facility used as a drop house, the crime would be a class 3 felony.

Status: House Caucus approved on 4/12/11.
Last Action: House Judiciary Committee gave do pass recommendation by 8-0-1 vote on 3/17/11.

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14. HB 2179: Schools; Students; Data Collection. Rep. Carl Seel, R –18. This bill would require school districts to compile from the parents or legal guardians of all students enrolled in public schools, data concerning students enrolled in public school that cannot prove lawful presence in the US.  The Department of Education would have to draft a Report on or before December 15 of each year that summarizes the data collected on a district-by-district basis. It cannot include personally identifiable student information.  The report shall include at least the following information:
o    Number of students whose parents were unable to prove the students’ lawful presence in the US.
o    Number of students whose parents were unable to prove their student’s lawful presence in the US and who were not enrolled previously in any school district in the state.
o    Number of students whose parents were unable to prove their student’s lawful presence in the US and who were enrolled previously in a school district in Arizona but are no longer enrolled for reasons other than normal graduation.
o    Number of teachers employed to provide educational services to students whose parents were unable to prove their student’s lawful presence in the US.
o    Amount of money spent in the classroom on teachers’ salaries for students whose parents were unable to prove their student’s lawful presence in the US.
o    Amount of money spent for operations and maintenance for students whose parents were unable to prove their student’s lawful presence in the US.
o    Amount of money spent on support and administrative staff for students whose parents were unable to prove their student’s lawful presence in the US.
o    Verifiable, good faith estimate of the total cost to taxpayers for providing educational services to noncitizen students generally and the total cost to the taxpayers for providing educational services to students whose parents were unable to rove their student’s lawful presence in the country.

The bill also mandates the Superintendent of Public Instruction to withhold a school district’s allotment of state aid if a school district does not provide the report in a timely manner. It also authorizes the Superintendent to withhold the salary, bonus or both of any employee that fails to comply in a timely manner. Finally, it establishes a Class 1 misdemeanor for anyone who intentionally provides a fraudulent report or provides fraudulent underlying data for the report.

Status: No movement this past week.
Last Action: 1/18/11 – referred to House Education Committee.

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15. SB 1407: Schools; Data; Noncitizen students.  First Sponsor, Sen. Steve Smith, R-23. This measure would require the Department of Education to collect data from school districts and provide an annual report on students enrolled in their school districts that cannot prove lawful residence on the US.  The Report would contain research on the adverse of the enrollment of students who cannot prove lawful residence in the US, an estimate of the cost to taxpayers for educating students who are not US citizens (even if legally present in the country) and a separate estimate of the costs for educating students who cannot prove lawful residence in the country.  The Superintendent of Public Instruction is allowed to withhold a school district’s apportionment of state aid for inadequate compliance.

Status: Failed to pass Senate by 16-14 vote on 3/17/11.
Last Action: Senate Rules Committee approved on 3/9/11.

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16. SB 1368: Human Smuggling Organization; Offense; Penalty Sen. Frank Antenori, R-30. This bill strengthens penalties for individuals that engage in human smuggling organizations. It also creates a class 3 felony for “assisting a human smuggling organization” for any person that commits any felony for the benefit of, at the direction of or in association with any human smuggling organization.

Replaced by striker amendment titled “Discipline for probation officers; definitions”, that establishes that a probation officer shall not be subject to disciplinary action except for just cause. 

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Last Action: House Judiciary Committee held bill on 3/17/11.

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17. SB1495/HB 2070: Arizona State Guard; Establishment.  Sen. Silvia Allen, R-5. This measure would authorize the governor to establish an armed force known as the Arizona state Guard for any reason s/he considers necessary.

Status: Scheduled for House Third Read on 4/18/11.
Last Action: House Caucus approved on 4/12/11.

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18. HB 2181: National Guard Mobilization; Border.  Rep. Carl Seel, R–18. This bill states that if the Governor declares that a state of emergency because of unauthorized international border crossings and there is a related increase in deaths, crime and property damage, the Governor shall mobilize the National Guard to address the emergency.

Status: No movement this past week.
Last Action:  2/8/11 – Referred to House Military Affairs & Public Safety and Judiciary Committees.

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19. HB 2405: Human Smuggling Organization; Offense; Penalty.  First Sponsor, Rep. Ted Vogt, R-30. This measure creates the crime of participating in a human smuggling organization, which it defines as a class 2 felony. It also establishes a class 3 felony crime of assisting a human smuggling organization.

Status: Senate passed by 28-0-2 vote on 4/7/11.
Last Action: Senate Rules Committee approved measure on 3/22/11.

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20. SB 1046 - Juvenile corrections; discharge; ICE detainers.  First Sponsor: Sen. Don Shooter, R-24. The bill amends statute concerning release from a state juvenile detention center. It provides that if the youth is released from jurisdiction when the minimum length of stay is satisfied and the United States Immigration and Customs Enforcement (“ICE”) agency demands custody of the youth for immigration proceedings, then ICE is allowed to take custody of such youth and the Arizona Department of Juvenile Corrections will no longer have custody or any legal obligation towards the youth.

Status: Senate passed by 28-1-1 vote on 4/14/11.
Last Action: House passed by 43-15-2 vote 4/13/11.

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21. HB 2439 - Driver license requirements; violation; misdemeanor.  First Sponsor: Rep. Steve Montenegro, R-12. A person who does not drive a motor vehicle or vehicle combination on a highway without a valid driver license and proper endorsement will be guilty of a Class 2 misdemeanor.

Status: No movement in past week.
Last Action: Passed to House Transportation and Judiciary Committees on 1/24/11.

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22. SB 1607/SB 1141: Schools; Residency Requirements. First Sponsor, Sen. Steve Smith, R-23. This bill requires school districts and charter schools to require and maintain verifiable documentation of residency in this state of all pupils who enroll in the school district or charter school.

Status: SB 1141 sent to Governor for signature on 4/14/11.

Last Action: House passed SB 1141 by 46-13-1 vote on 4/12/11.

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23. SB 1012: Tech Correction; Technical Registration Bd.  Striker: Fingerprint Clearance Cards; Citizenship Status. Striker Sponsored by Sen. Linda Gray, R-10.  This striker bill amends the duties of the Fingerprinting division within the Department of Public Safety, to specify that fingerprint background checks will be conducted on persons and applicants “who are US citizens or have a legal right to live and work in Arizona and are” seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks.

Replaced by striker amendment on 3/29/11 that will exempt the Arizona Game and Fish Department from rule making requirements for the purpose of establishing watercraft motor and engine restrictions for 1 year after the effective date of this act.

Status: No longer monitored.
Last Action: House Appropriations Committee approved striker amendment on 3/30/11.

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24. HB 2624: Public benefits; reporting fraud.  Rep. Vic Williams, R-26. This bill allows any person who has knowledge of a person that may be fraudulently receiving state or federal benefits to submit a written report or call the public programs fraud hotline established in the State Attorney General’s office. The director of the state agency will then review the report and conduct a preliminary investigation. If the findings of the preliminary investigation give the Director reason to believe fraud occurred, the Director shall refer the matter to the Attorney General and the fraudulent individual is liable for up to three times the amount of fraud.   

Status: No movement this past week.
Last Action: 2/8/11 - Assigned to House Health & Human Services committee.

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25. HB 2677:  International Money Wire Transfer Assessment.  First Sponsor, Rep. Michelle Ugenti, R-8. This measure establishes that the Department of Revenue can lay a tax assessment on any entity that transmits wire transfers of money for each wire transfer transmitted to a location outside the US.  These revenues will be deposited in a newly established border security fund, to be used for the construction of a fence along the border between Arizona and Mexico.  It also establishes an income tax credit for the amount paid by the taxpayer as international money wire transfer assessments.

Status: No movement this past week.
Last Action: HB 2677 was held in House Military Affairs & Public Safety Committee on 2/16/11.

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26. HB 2191:  Illegal Aliens; Punitive Damages. Rep. Jim Weiers, R-10. This bill would make retroactive to January 1, 2004 the prohibition against undocumented persons to be awarded punitive damages in any action in any court in the state.

Status: House passed by 41-17-2 vote on 4/11/11; sent to Governor for signature on 4/12/11.
Last Action: Senate passed by 21-8 vote on 4/6/11; ready for House action on Senate amendments.

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27. HB 2718: Public Safety Equipment Fund; Approp. First Sponsor, Rep. Steve Montenegro, R-12. This bill, if passed, would give $5 million to counties between 250,000 and 800,000 (the only one in Arizona that meets this requirement is Pinal County) to purchase equipment and supplies for deputies engaged in border security operations. Amendment filed by Senator Russell Pearce and approved in Senate COW on 4/14/11 reduces $5 million sum to $1,673,900.

Status: Senate COW approved with amendment on 4/14/11.
Last Action: Senate Rules Committee approved HB 2718 on 3/28/11

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28. HB 2102: License Eligibility; Authorized Presence. First Sponsor, Rep. John Kavanagh, R-8. This bill would require any individual applying for a business license or permit or fingerprint clearance card to present a photo ID from the list established in the bill to prove citizenship or lawful alien status.

Status: House refused to concur on House amendments, appointed Conference Committee on 4/14/11.
Last Action: Senate passed by 20-8-2 vote on 4/12/11.

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29. HCM 2003:  Daily Commuter Program.  First Sponsor, Rep. Russ Jones, R-24. This resolution urges the US Department of Labor to establish a pilot program to permit agricultural employers located near the Mexico border to waive the requirement that in order to participate in the H-2A work visa program they must furnish housing for H-2A Mexican agricultural workers.

Status: Placed in Senate Consent Calendar on 4/14/11.
Last Action: Senate Border Security Committee gave do pass recommendation on 3/24/11.

30. SB 1404:  Grain Research Trust Fund. Striker: Recovery of Attorney Fees. Rep. John Kavanagh, R-8. Establishes that except as otherwise provided by law, the state of Arizona or any of its subdivisions shall not be awarded attorney fees in actions requesting enforcement or challenge of a law, regulation or ordinance.  Given the language in this striker, it appears to be an attempt to allow lawsuits against the state or any of its entities for failure to enforce immigration law (as established under last year’s SB 1070) without fear of having to pay attorney’s fees to the state if individuals lose the case.

Status: House COW held on 4/13/11.
Last Action: House Rules Committee approved on 4/4/11.