Bill Text: GA HB87 | 2011-2012 | Regular Session | Amended

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Bill Title: Illegal Immigration Reform and Enforcement Act of 2011; enact

Sponsorship: Partisan Bill (Republican 7)

Status: (Passed) 2011-07-01 - Effective Date [HB87 Detail]

Download: Georgia-2011-HB87-Amended.html

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11 AM 35 0271

ADOPTED
Senator Hamrick of the 30th offered the following amendment:

Amend the House Amendment to the As Passed Senate version of HB 87 (AM 35 0260) by inserting after "Board;" on line 37 the following:
to establish a study on the impact of immigration reform on Georgia's agricultural industry within the Department of Agriculture;

By deleting "of a witness with knowledge"on line 391.

By deleting lines 538 through 609 and inserting in lieu thereof the following:

SECTION 12.

Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to local governments, is amended by revising Code Section 36-60-6, relating to issuance of local business licenses and evidence of state licensure, as follows:

"36-60-6.

(a) Every private employer with more than ten employees shall register with and utilize the federal work authorization program, as defined by Code Section 13-10-90. The requirements of this subsection shall be effective on January 1, 2012, as to employers with 500 or more employees, on July 1, 2012, as to employers with 100 or more employees but fewer than 500 employees, and on July 1, 2013, as to employers with more than ten employees but fewer than 100 employees.

(b) For purposes of this Code section, the term 'employee' shall have the same meaning as set forth in subparagraph (A) of paragraph (1.1) of Code Section 48-13-5, provided that such person is also employed to work not less than 35 hours per week.

(a)(c) Before any county or municipal corporation issues a business license, occupational tax certificate, or other document required to operate a business to any person engaged in a profession or business required to be licensed by the state under Title 43, the person must shall provide evidence of such licensure to the appropriate agency of the county or municipal corporation that issues business licenses. No business license, occupational tax certificate, or other document required to operate a business shall be issued to any person subject to licensure under Title 43 without evidence of such licensure being presented.

(d) Before any county or municipal corporation issues or renews a business license, occupational tax certificate, or other document required to operate a business to any person, the person shall provide evidence that he or she is authorized to use the federal work authorization program or evidence that the provisions of this Code section do not apply. Evidence of such use shall be in the form of an affidavit as provided by the Attorney General in subsection (f) of this Code section attesting that he or she utilizes the federal work authorization program in accordance with federal regulations or that he or she employs fewer than 11 employees or otherwise does not fall within the requirements of this Code section. Whether an employer is exempt from using the federal work authorization program as required by this Code section shall be determined by the number of employees employed by such employer on January 1 of the year during which the affidavit is submitted. The affidavit shall include the person's federally assigned employment eligibility verification system user number and the date of authority for use. The requirements of this subsection shall be effective on January 1, 2012, as to employers with 500 or more employees, on July 1, 2012, as to employers with 100 or more employees but fewer than 500 employees, and on July 1, 2013, as to employers with more than ten employees but fewer than 100 employees.

(e) Beginning December 31, 2012, and annually thereafter, any county or municipal corporation issuing or renewing a business license, occupational tax certificate, or other document required to operate a business shall provide to the Department of Audits and Accounts a report demonstrating that such county or municipality is acting in compliance with the provisions of this Code section. This annual report shall identify each license or certificate issued by the agency in the preceding 12 months and include the name of the person and business issued a license or other document and his or her federally assigned employment eligibility verification system user number as provided in the affidavit submitted at the time of application. Subject to funding, the Department of Audits and Accounts shall annually conduct an audit of no fewer than 20 percent of such reporting agencies.

(f) In order to assist private businesses and counties and municipal corporations in complying with the provisions of this Code section, the Attorney General shall provide a standardized form affidavit which may be used as acceptable evidence demonstrating use of the federal employment eligibility verification system or that the provisions of subsection (b) of this Code section do not apply to the applicant. The form affidavit shall be posted by the Attorney General on the Department of Law's official website no later than January 1, 2012.

(g) Once an applicant for a business license, occupational tax certificate, or other document required to operate a business has submitted an affidavit with a federally assigned employment eligibility verification system user number, he or she shall not be authorized to submit a renewal application using a new or different federally assigned employment eligibility verification system user number, unless accompanied by a sworn document explaining the reason such applicant obtained a new or different federally assigned employment eligibility verification system user number.

(b)(h) Any person presenting false or misleading evidence of such state licensure shall be guilty of a misdemeanor. Any government official or employee knowingly acting in violation of this Code section shall be guilty of a misdemeanor; provided, however, that any person who knowingly submits a false or misleading affidavit pursuant to this Code section shall be guilty of submitting a false document in violation of Code Section 16-10-20. It shall be a defense to a violation of this Code section that such person acted in good faith and made a reasonable attempt to comply with the requirements of this Code section.

(i) Documents required by this Code section may be submitted electronically, provided the submission complies with Chapter 12 of Title 10.

(j) The Attorney General shall be authorized to conduct an investigation and bring any criminal or civil action he or she deems necessary to ensure compliance with the provisions of this Code section. The Attorney General shall provide an employer who is found to have committed a good faith violation of this Code section 30 days to demonstrate to the Attorney General that such employer has come into compliance with this Code section.

During the course of any investigation of violations of this Code section, the Attorney General shall also investigate potential violations of Code Section 16-9-121.1 by employees that may have led to violations of this Code section."

By inserting between lines 867 and 868 the following:

SECTION 20.1.

WHEREAS, Georgia's agricultural industry is a vital pillar for this state's economy and essential to the quality of life enjoyed by all Georgians; and

WHEREAS, understanding the impact of immigration reform measures on Georgia's important agricultural industry is a fundamental key to the implementation of immigration reform in a manner that is in the best interests of this state; and

WHEREAS, the General Assembly recognizes that the federal guest worker program, designated the H-2A visa program, for temporary and seasonal agriculture immigrant workers is administratively cumbersome and flawed; and

WHEREAS, both Georgia and federal law fail to address many of the legal, economic, and security aspects of immigration issues facing our state and especially our agricultural industry; and

WHEREAS, these issues of great importance to the economy and of this state have not before received extensive study by the Georgia General Assembly and merit such detailed and specialized consideration at this time.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Agriculture is directed to conduct a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation that the department deems necessary or appropriate. The Department of Agriculture shall consider the current and future impact of immigration on the state agricultural industry. The department shall work in conjunction with and collect expert testimony and information from the United States Department of Agriculture, the Department of Justice, and other state governments. The department shall specifically address the need for reform of the federal H-2A program and provide recommendations for such federal reform. In addition, the department shall recommend changes needed in Georgia to provide for improvements in the H-2A process, identify where such action may be taken by the state, and provide a report evaluating the legal and economic feasibility of implementing a state guest worker program. The department may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The Department of Agriculture shall make a final written report to the Governor, the President of the Senate, and the Speaker of the House of Representatives not later than January 1, 2012. Provided that the provisions of this Act have been complied with, the department shall not have any further obligation to continue such study on or after January 1, 2012.