Posted on 2006-04-19
Analysis of SB 529
Office of Sen. Sam J. Zamarripa (D-SS 36)
(As Passed – April 18, 2006)
Title
The title of this bill is the “Georgia Security and Immigration Compliance Act.
Public Employers and Contractors with the State Must Verify Status
Section 2 of SB 529 has three effective dates for public employers and contractors, including subcontractors, to participate in the federal work authorization program to verify the status of newly hired employees: (1) effective July 1, 2007, for every public employer and contractor, including every subcontractor, who has 500 or more employees, (2) effective July 1, 2008, for every contractor, including every subcontractor, who has 100 or more employees, and (3) Effective July 1, 2009, for every contractor, including every subcontractor, who has 99 or fewer employees. The Georgia Labor Commissioner and the Department of Transportation shall promulgate rules to effectuate this Code Section including, implementing a state work authorization program.
Human Trafficking
Effective July 1, 2007, Section 3 of SB 529 defines human trafficking to include coercion, deception, labor servitude and sexual servitude, especially as these activities relate to child prostitution. A person convicted of human trafficking shall be guilty of a felony and, if the offense involves a child under 18, the convicted person shall be imprisoned for not less than ten years nor more than 20 years. If the offense does not involve a child, the convicted person shall be imprisoned for not less than one year nor more than 20 years. A corporation may be charged only if an agent acts within his scope of employment or knows, or should know, the illegal activity that was occurring.
CLEAR Act Provisions
Pursuant to Section 4, the Commissioner of the Department of Public Safety is directed to negotiate terms of a Memorandum of Understanding between the Georgia and the U.S. Department of Homeland Security. The Commissioner shall select appropriate peace officers to be trained, conditioned on federal funding.
Verifying People Detained for Felony or DUI Charges
Effective July 1, 2007, Section 5 of SB 529 requires the jailer to verify the nationality status at the time of booking for every person who is confined on a felony or DUI charge. If the jailer cannot determine the nationality status from the documents in the detainee’s possession, verification must be made within 48 hours of confinement with the Law Enforcement Support Center. Any detainee determined to be present in the U.S. illegally must be reported to the Department of Homeland Security. The Georgia Sheriff’s Association shall issue procedures to comply with this Code section.
Unauthorized Immigration Services
Effective July 1, 2007, Section 6 of SB 529, known as the “Registration of Immigration Assistance Act,” prohibits unauthorized people from providing immigration services. Violations of Section 6 can result in fines up to $1,000 per violation. A first offender shall be guilty of a misdemeanor and a person who commits a subsequent offense within five years of the same offense shall be guilty of a high and aggravated misdemeanor. Any person who offers immigration services who is not a licensed attorney, under the direct supervision of a licensed attorney, an employee of a non-profit religious, charitable, social service, or similar organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(d) is subject to prosecution if the person fails to post the specified notification.
Valid Identification and Employment Authorization Documents
Effective January 1, 2008, Section 7 provides that an employer cannot take a state tax deduction for payments of $600 or more made to any person who does not have valid identification as identified in the Employment Eligibility Verification Form I-9 of the U.S. Department of Homeland Security. Additionally, Matricula Consular Cards shall not constitute valid identification.
State Withholding Tax
Section 8, effective January 1, 2008, requires that 6% must be withheld as state income tax if an individual fails to provide a valid tax ID number. Any person who fails to withhold the state income tax as required shall be liable, unless the person is exempt.
Verification of Domicile in Georgia to Receive Benefits
Effective July 1, 2007, Section 9 provides that every state agency shall verify the lawful presence of anyone over the age of 18 applying for state or local public benefits, as defined in 8 U.S.C. Section 1621, and federal public benefits, as defined in 8 U.S.C. Section 1611, except for (1) emergency medical treatment, (2) short-term, non-cash, in-kind emergency disaster relief, (3) immunizations and treatment for communicable diseases, (4) programs, services or assistance such as soup kitchens, crisis counseling, or short term shelter specified by the U.S. Attorney General which meet three specified conditions, (5) prenatal care, or (6) postsecondary education. An applicant must sign an affidavit which shall be verified through the Systematic Alien Verification of Entitlement (SAVE) program. Anyone who knowingly and willfully executes an affidavit that contains a false statement shall be guilty of a felony and subject to a fine of up to $1,000. However, a person who is eligible to receive benefits will not be guilty of any crime for executing a false affidavit for such benefits.
For full text of the legislation as passed, please follow this url address:
http://www.legis.state.ga.us/legis/2005_06/fulltext/sb529.htm