CHAPTER 3.30: EMPLOYMENT OF UNAUTHORIZED ALIENS
Section
   3.30.010   Purpose and legislative findings.
   3.30.020   Definitions.
   3.30.030   Compliance.
   3.30.040   Proof of verification of employment eligibility.
   3.30.050   Compliance with applicable federal law sufficient to establish compliance with the requirements of city ordinance.
   3.30.060   Non-compliance.
   3.30.070   Penalties.
§ 3.30.010 PURPOSE AND LEGISLATIVE FINDINGS.
   A.   The City Council hereby finds that there has been an ongoing national debate regarding the inherent inequities which exist between employers that comply with all federal, state, and local laws and regulations in connection with the hiring of their employees and employers that fail to comply with those laws and regulations.
   B.   The City Council further finds and determines that these inequities result in a financial disadvantage for those employers who comply with all applicable federal, state and local laws and regulations in the hiring of their employees while reciprocally providing an unfair financial advantage to those employers who did not comply with the law.
   C.   The City Council also finds and determines that employer noncompliance with federal, state, and local laws and regulations that regulate the hiring of employees results in diminished protections of employees from unfair labor practices and fosters the circumvention of minimum wage, prevailing wage, and health insurance coverage requirements.
   D.   Therefore, the purpose of this chapter is to provide a means of facilitating and encouraging compliance with federal law including, but not limited by enumeration to, the Simpson-Mazoli Act, also known as the Immigration and Reform and Control Act of 1986 (IRCA) appearing at 8 U.S.C. 1101, et seq., by requiring businesses to verify that their employees are legally eligible to be employed in the United States, and establishing an enforcement mechanism at the municipal level against non-compliant businesses, which the City Council finds will:
      1.   Help to promote the federal policy of requiring employers to verify the employment status of potential employees;
      2.   Help to eliminate unfair competitive advantages between businesses;
      3.   Help to eliminate unfair labor practices and the exploitation of workers;
      4.   Help to assure taxpayers that employers and employees are paying their fair share of taxes by complying with tax laws.
(Ord. 12-1086, § 10, passed 10-23-2012)
§ 3.30.020 DEFINITIONS.
   As used in this chapter, the following terms shall have the meaning indicated:
   A.   CONTRACT. All types of government entity agreements, regardless of what they may be called, for the procurement of services in this state.
   B.   CONTRACTOR. Any person who has a contract with a government entity.
   C.   E-VERIFY PROGRAM. The employment verification pilot program as jointly administered by the United States Department of Homeland Security and the Social Security Administration or any of its successor programs.
   D.   GOVERNMENT ENTITY. This state and any political subdivision of this state that receives and uses tax revenues.
   E.   SERVICES. The furnishing of labor, time, or effort in this state by a contractor or subcontractor. Services include construction or maintenance of any structure, building, or transportation facility or improvement of real property.
   F.   SUBCONTRACTOR. A person who contracts to perform work or render service to a contractor or to another subcontractor as a part of a contract with a government entity.
(Ord. 12-1086, § 10, passed 10-23-2012)
§ 3.30.030 COMPLIANCE.
   All city contracts shall include provisions that every contractor and subcontractor shall warrant compliance with all federal immigration laws and regulations and A.R.S. § 41-4401, and provide proof of verification of employment eligibility.
(Ord. 12-1086, § 10, passed 10-23-2012)
§ 3.30.040 PROOF OF VERIFICATION OF EMPLOYMENT ELIGIBILITY.
   Each contractor and subcontractor shall provide proof of verification prior to commencement of any contract. The city retains the legal right to inspect the papers of any contractor or subcontractor employee who works on a city contract to ensure that the contractor or subcontractor is complying with the warranty required by § 3.30.030.
(Ord. 12-1086, § 10, passed 10-23-2012)
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