Monitoring SB 529 in GA General Assembly

3/15 - Current Status: Passed by Georgia Senate and Assigned to the
Georgia House (Judiciary Non-Civil) Committee

Some of the steps still pending before this proposed legislation becomes law (best understanding):
- Proposed bill must have a public hearing in House Committee
- Proposed bill must be approved by House Committee
- House Rules Committee must schedule the debate on proposed bill and a time for its consideration in full House
- Proposed bill must be sent back to Senate for approval of any change (even if change is just "one comma")
- Proposed bill must go to Conference Committee if House changes are not accepted by Senate
- Proposed bill must go back to full House and Senate for up and own vote of Conference Committee draft
- Proposed bill if adopted by both House and Senate must be signed by Governor

Bill Online Information (Not always Up to date): http://www.legis.state.ga.us/legis/2005_06/sum/sb529.htm
Full Text As Passed by Senate: http://www.legis.state.ga.us/legis/2005_06//versions/sb529_As_passed_Senate_12.htm


Current Summary of Bill (in English)
(Translations Pending)

Title of This Bill - (SB 529)

Section 1. The Act shall be know as "Georgia Security and Immigration Compliance Act"

I. Public Employees & Contracts

State employees and contractors, subcontractors must be authorized for work
Section 2. Law will take effect starting July 1, 2007
- Every government agency, contractor and sub-contractor fulfilling public works contracts must use the Federal Work Authorization Program (Basic Pilot). Basic Pilot, offered free by the federal government, allows employers to instantly verify that their employees are verified to work.

II. Public Safety

Human Trafficking (also known as Trafficking in Persons) Defined as Georgia Crime
Section 3. and Section 4. Law will take effect starting July 1, 2006
Section 3. defines the crime of Trafficking in Person where human traffickers prey on immigrants, authorized or not, as well as US citizens inducing them into a modern-day form of slavery. This legislation makes human trafficking, also known as trafficking in persons, a new crime in Georgia with serious consequences to perpetrators.
- Those who by various means coerce or deceive a person into laborer or sexual servitude will face at least one year and up to 20 years in prison. The penalty for placing anyone under the age of 18 years into sexual or labor servitude would be from 10 years to 20 years in prison. The penalties same would go for anyone who facilitates in any way the placing of any person into such a condition. Detailed language on forfeitures, jurisdiction and making this a separate offense are included.
Section 4. make trafficking in persons for labor or sexual servitude an offense which can be prosecuted under Georgia's Racketeering Influenced Corrupt Organization (RICO) Act.

Seizure & Forfeiture of Contraband relating to Fraudulent Document Creation
Section 3.1 Law will take effect starting July 1, 2006
Any property, interest, security, claim, property or contractual right directly or indirectly used in the facilitation of the creation of fraudulent documents is declared contraband, seized and forfeited to become property of state per existing provisions in law.

Verification of Nationality & Immigration Status for Felony Prisoners
Section 5. Law will take effect starting July 1, 2006
Every community, legal and illegal, is served by removing felons from our streets and illegal felons from our country.
Jailers must determine the nationality of each person booked into jail on a felony charge. Any prisoner on felony charge who is not verified will be reported to US Immigration and Customs Enforcement (I.C.E.) which shall determine appropriate actions including possible deportation.

Attorney Impersonation
Section 6. Law will take effect starting July 1, 2006
- Will punish con artists, representing themselves as attorneys or immigration lawyers, who provide fraudulent services to uninformed immigrants. Such "Notarios" are known to operate by charging high fees for services they already may be, by law, prohibited from providing. This section clearly specifies the details of what services can be provided by non-exempt persons or organizations. It also lists the licensed attorney's and persons and organization who is exempt from limitations in provide immigration assistance or consultations for work or status.

III. Unlawful Deductions for Labor Expenses

Section 7. Law will take effect starting January 1, 2008
- Establishes what can be used as a "valid identification and employment authorization document." Valid identification must be an unexpired document found on the current I-9 form employment eligibility verification form ( http://uscis.gov/graphics/formsfee/forms/i-9.htm ).
- No payments to an individual in excess of $600 / year may be declared as a deductible business expense unless the individual has presented a valid identification and employment authorization document.

V. Public Benefits

Section 8. Law will take effect starting July 1, 2007

- This section purportedly does not deny, create, or change public benefits eligibility. Federal and state law define eligibility for all benefits. This section sets forth procedures whereby Georgia shall verify eligibility for benefits.
- Every agency of this state or political subdivision shall verify lawful presence in the United States of every applicant age 18 or older for public benefits as defined in federal law.
- An affidavit must be signed by a US citizen or national applicants if required ID documentation is not presented at application of a benefit.
- The penalty for misrepresenting information on such affidavit is "$1,000 or by imprisonment for not less than one more than 5 years, or both" (i.e. a felony per GA Code 16-10-20).
- The verification process will take advantage of the US federal Systematic Alien Verification of Entitlement (SAVE) program already in place.
- Verification will not be required for prenatal care, "For short-term, non cash, in-kind emergency disaster, or for programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the Attorney General relief" or those benefits exempted under federal law such as emergency care, immunizations, contagious diseases treatment, care and prevention, i.e. public health matters among other services available to all.