ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: GOV DPA/SE 4-3-0-0 | 3rd Read: 17-12-1-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1088: government; compliance; immigration; deportation

Sponsor: Senator Hoffman, LD 15

Committee on Government

Overview

Mandates the state, local governments and independent contractors comply with federal immigration laws and cooperate with specified federal agencies.

History

At the request of one or more members of the Legislature, the Attorney General must investigate any ordinance adopted or other official action taken by the governing body of a county or municipality. These Legislative requests are commonly referred to as 1487 Investigations, named for the Senate Bill that authorized these requests. The Attorney General must report the findings and conclusions resulting from a 1487 investigation to the President of the Senate, the Speaker of the House and the Legislative member who made the request within 30 days of receiving the request (A.R.S. § 41-194.01).

Provisions

1.   Requires the state, state agencies, municipalities, counties and any independent contractor of the state, state agencies, municipalities and counties to comply with all federal laws and regulations relating to immigration and deportation and to cooperate with:

a)   the United States Department of Homeland Security;

b)   the United States Customs and Border Protection; and

c) the United States Immigration and Customs Enforcement. (Sec. 1, 3, 5)

2.   States any contract between an independent contractor and the state, a state agency, a county or a municipality must contain a provision that if the independent contractor violates this act, the contract is void. (Sec. 1, 3, 5)

3.   Directs the Attorney General, upon request of one or more members of the Legislature, to investigate a violation of this act by a county or municipality. (Sec. 1, 3, 5)

4.   Allows a person to bring a private right of action to enforce the provisions of this act. (Sec. 1, 3, 5)

5.   Requires any state agency that violates this act to deposit 10% of their funding for that fiscal year into the state General Fund within 30 days. (Sec. 5)

6.   Defines state agency. (Sec. 5)

7.   Repeals this act on January 1, 2029. (Sec. 2, 4, 6)

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11.                    SB 1088

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