PHOENIX - The House voted 38-15 Thursday to give Gov. Janet Napolitano $10 million to deploy National Guard troops in Southern Arizona.

But the chances of Napolitano actually getting the cash is unclear at best. That's because the funding in HB 2766 is conditional on the soldiers being directed to catch people who cross the border illegally - something Napolitano does not support.

House members also gave final approval Thursday HB 2589 which would make it illegal to stand on or near public streets or sidewalks for the purpose of looking for work. The legislation is specifically aimed at groups of people - many undocumented - who congregate around home improvement stores hoping to land a job for the day.

That vote came over objections of several Democratic legislators who said it is up to cities to decide for themselves whether to enact such regulations. And Rep. Kyrsten Sinema, D-Phoenix, chided supporters for crafting a measure that punishes only those people looking for work and not the contractors who troll the parking lots looking for day laborers.

Questions also were raised about the measure's constitutionality. Rep. John Kavanagh, R-Fountain Hills, countered that courts hav upheld laws which are based on people creating a hazard for cars and pedestrians.

But it was the legislation to put Arizona Guard troops along the border that generated more debate.

The governor has repeatedly pointed out that there are more than 2,200 soldiers in the area, all being paid for by the federal government.

They are doing things ranging from surveillance to construction.

That, said Napolitano, frees up Border Patrol officers to actually go out and apprehend those who sneak into the country.

What they can't do, however, is actually approach and detain anyone. In fact, the operating orders for Operation Jumpstart, the federal program which put the soldiers along the border, specifically requires them to avoid contact.

Those restrictions took center stage in January after several Guard soldiers from Tennessee, doing surveillance near the border, left their post as they were approached by armed men, apparently Mexican nationals.

Gen. David Rataczak, commander of the Arizona National Guard said the soldiers did exactly what they were told. But the whol idea of armed soldiers backing away angered many legislators.

This bill would not only allow the soldiers to apprehend border crossers. It actually spells out that the soldiers who would be deployed under this legislation may take "appropriate action'' to defend their posts and do not need to retreat.

Aside from wanting to limit the role of Guard units, Napolitano also has argued that Arizona tax dollars should not be used to secure the border, as that is the responsibility of the federal government.

"It is also a states issue,'' Nichols said.

"The taxpayers of the state are basically paying to medicate, educate, incarcerate these illegals as they come into our country,'' he continued. "And the Arizona taxpayers are bearing that burden.''

Rep. Russell Pearce, R-Mesa, agreed, saying it is the "inherent responsibility'' of legislators to protect Arizona residents. "We no longer can sit on the sidelines and be a spectator to th destruction of this country,'' Pearce said.

Sinema, however, suggested the money would be wasted, saying $10 million would fund fewer than 100 soldiers for one year. But

Nichols said if that is the only thing keeping lawmakers from supporting the plan he would be happy to add more money to the plan.