LJWorld.com

Topeka — A compromise immigration bill's best chance for reaching Gov. Kathleen Sebelius is House members reversing course and allowing a vote on the measure when they return April 30 from their spring break.

The bill stalled Friday when House members voted 59-57 against considering the compromise, which some felt was too weak. One of the three House negotiators, Rep. Judy Loganbill, refused to sign the final agreement.

When legislators return, House members could reconsider the procedural issue. If the attempt is successful, the bill is back on track for House and Senate passage. If not, the bill goes back to the negotiators.

"If the Senate continues to refuse to conference, we aren't going anywhere," said Rep. Arlen Siegfreid, the lead House negotiator.

The Olathe Republican said if that happens and the House continues to block a vote, the bill will die when the session adjourns May 29.

The chairman of the negotiating committee, Sen. Pete Brungardt, indicated Friday night he's not willing to revisit the issue because he thinks the bill is fine the way it is.

"I never say never, but my inclination is that it's an excellent bill people should support," the Salina Republican said. "They need to consider if they want an immigration bill or not."

Dealing with illegal immigration is high on the agenda of many legislators. They say they're responding to constituents' concerns about increased illegal immigrants in Kansas and the federal government's failure to deal with the issue.

"The people want something with some teeth in it, to make it unattractive to move to Kansas if you're illegal," said Rep. Mike Peterson, a Kansas City Democrat. "We have to have some type of teeth in the bill to make sure they're uncomfortable and will voluntarily leave."

Detractors said the compromise is little more than a watered down version of previous proposals, designed to appease the business community, including the Kansas Chamber, Kansas Farm Bureau and Kansas Livestock Association.

Loganbill, a Wichita Democrat, refused to support the compromise after negotiators struck House language creating criminal penalties for businesses that illegally treat any workers as independent contractors instead of employees - a practice known as misclassification.

The House position was supported by unions, who argue that employers sometimes deliberately misclassify workers to avoid paying benefits. It is opposed by the business sector, which says the rules are too vague.

"Let's go home and see what people think - if a bill with no sanctions solves any problems," said Rep. Jim Ward, a Wichita Democrat.

When the two chambers introduced immigration bills, supporters praised their toughness. But one by one, the tough provisions were removed from both bills.

The House sponsor, Rep. Lance Kinzer, an Olathe Republican, was so disgusted with the reworked version in his chamber last week that he urged colleagues to reject it.

Originally, both chambers required employers to use the federal E-Verify system to check on workers' status and called for revoking business licenses for employers hiring illegal workers.

Business groups complained that would work a hardship on employers and turn them into immigration police. E-Verify and revocation of licenses were gone when the compromise was crafted.

The compromise makes hiring illegal immigrants a civil offense for businesses. Courts could order employers to stop hiring illegal workers and the employer could be fined or jailed for contempt of court for not complying.

Initially, the House and Senate required law enforcement officers to check on the citizenship of those arrested or detained. But the compromise bill didn't include that either.

The final version has some teeth. It creates crimes, such as coercing employees, holding a person in involuntary servitude to satisfy a debt, human trafficking, dealing in false identification documents and employment identity fraud.

It also requires illegal immigrants arrested for crimes to face specific bail amounts, ranging from no bail for the most serious felonies to $10,000 for certain misdemeanors. But it also gives judges the discretion to decide bail except for non-bail felonies, such as murder.

The compromise also says illegal immigrants convicted of serious felonies, such as murder, rape, kidnapping or drugs, aren't eligible for a suspended sentence, conditional release, community service or probation.