Transcript of Fall 2012 Training Series. Program Overview History of Immigration Law in Georgia Physical...
- Slide 1
- Fall 2012 Training Series
- Slide 2
- Program Overview History of Immigration Law in Georgia Physical
Performance of Services/Contractor Report Private Employer/Business
License Report Public Benefits/SAVE Report Enforcement and
Penalties Question and Answer Session
- Slide 3
- History of Immigration Law in Georgia
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- Major Georgia Immigration Laws SB 529 (2006) HB 2 (2009) HB 87
(2011)
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- Physical Performance of Services/Public Contractor Reporting
Requirements
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- Reporting Requirement All public employers that enter into a
contract for the physical performance of services with a contractor
must submit an annual report to the Department of Audits and
Accounts (DOAA) by December 31st
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- Public Employer A public employer is any department, agency or
instrumentality of the state or a political subdivision of the
state with more than one employee. O.C.G.A. 13-10-90
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- Contractor A contractor is a person or entity that enters into
a contract for the physical performance of services with a public
employer. O.C.G.A. 13-10-90
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- Physical Performance of Services "Physical performance of
services" means the building, altering, repairing, improving, or
demolishing of any public structure or building or other public
improvements of any kind to public real property within this state,
including the construction, reconstruction, or maintenance of all
or part of a public road; or any other performance of labor for a
public employer within this state under a contract or other bidding
process. O.C.G.A. 13-10-90
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- What are Contracts for the Physical Performance of Services?
AGs Advice Applies to public works contracts and bids Applies to
contracts and bids for the routine maintenance, operation and
repair of buildings or structures, or real property When in doubt,
include require an affidavit and include in report
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- What Information Should be Included in the Report? Public
Employers E-Verify Number Public Employers Date of Authorization to
use E-Verify Legal name, address, and E-Verify Number of Contractor
Date of the contract between Public Employer and Contractor
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- Where do I find the information to complete the report? The
contractor information needed to compile the report can be found in
the E-Verify Contractor Affidavit submitted by the contractor The
E-Verify number and date of authorization for the public employer
should have been provided by the USCIS to the public employer and
should be posted online by the public employer
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- Where to Find Sample Contractor Affidavits Department of Audits
and Accounts Website
http://www.audits.ga.gov/NALGAD/section_3_affidavits.html
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- What is the Reporting Period for 2012? Any contract for the
physical performance of services entered into between the public
employer and contractor from December 1, 2011 through November 30,
2012
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- How Do I Submit My Report? To access the reporting website, go
to the following page on the DOAA website:
http://www.audits.ga.gov/NALGAD/IllegalImmigratio
nReformandEnforcementAct.html.
http://www.audits.ga.gov/NALGAD/IllegalImmigratio
nReformandEnforcementAct.html Reports can be submitted
electronically (preferred) or by mail
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- Submitting the Report Once you have accessed this page, click
on Compliance Report Template and Instructions located under the
Section 3 information. After clicking on that tab, you will land on
the instructions page. The report form is located on a separate tab
located to the left of the instructions tab labeled Report
Form.
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- Submitting the Report Review the general instructions located
under the Report Form Instructions tab and send the email request
to the DOAA for instructions on how to submit the report
electronically. To request the electronic instructions, send an
email to HB_87@audits.ga.gov with the subject line Request HB 87
Instructions. HB_87@audits.ga.gov
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- Questions about Submitting Report Contact the Department of
Audits and Accounts at 404-656-9145 or at
HB_87@audits.ga.gov.HB_87@audits.ga.gov
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- Recap of Physical Performance of Services/Contractor Reporting
Requirements Require all contractors hired for the physical
performance of services to sign and submit an E-Verify Contractor
Affidavit Use the information in these affidavits to complete the
Physical Performance of Services/Public Contractor Report Submit
annual compliance report to the DOAA by December 31st
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- Private Employer/Business License Report (Counties and
Cities)
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- Reporting Requirements Counties and cities are required to
submit an annual report to the Department of Audits and Accounts by
December 31 st on private employers that applied for business
licenses/ occupation tax certificates or other documents required
to operate a business
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- Private Employers Private employers are employers that are
required to register for and use E-Verify based on the number of
employees as follows: January 1, 2012 for employers with 500 or
more employees; July 1, 2012 for employers with 100 or more
employees; July 1, 2013 for employers with more than 10
employees
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- What date do we count the number of employees? The number of
employees employed by an employer is determined by counting the
number of employees working at the business on January 1 of the
year in which the affidavit is submitted. O.C.G.A. 36-60-6(d)
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- What Information Should be Included in the Report? The identity
of each license or certificate issued by the county or city in the
preceding 12 months Name of the person and business issued a
license or other document E-Verify Number of the business issued a
license or other document
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- Where do I find the information to complete the report? The
private employer information needed to compile the report can be
found in the Private Employer Affidavit which each private employer
is required to submit to the county or city for which they are
applying for a business license, occupation tax certificate, or
other documents required to operate a business
- Slide 28
- Where Can I Find The Private Employer Affidavit? The AGs Office
Website http://law.ga.gov/sites/law.ga.gov/files/imported/vgn/
images/portal/cit_1210/26/32/179901470E-
verify%20Private%20Employer%20Affidavit%20Of%2 0Compliance.pdf
http://law.ga.gov/sites/law.ga.gov/files/imported/vgn/
images/portal/cit_1210/26/32/179901470E-
verify%20Private%20Employer%20Affidavit%20Of%2 0Compliance.pdf
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- What is the reporting period for 2012? Counties and cities must
identify each license or certificate issued during the previous 12
months
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- Submitting the Report DOAA needs to add submission information
and screen shots
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- Recap of E-Verify Private Employer Requirements for Counties
and Cities Require all private employers (as they are phased in)
seeking an occupation tax certificate/business license or other
required document to sign and submit the E-Verify Private Employer
Affidavit or provide proof of exemption Use the information in the
Private Employer Affidavits to compile the report Submit annual
report citing all licenses and certificates issued for the
preceding 12 months to the Department of Audits and Accounts
starting on December 31, 2012
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- Public Benefits/SAVE Report
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- Reporting Requirements All agencies and political subdivisions
that administer public benefits must submit an annual report to the
Department of Community Affairs (DCA) by January 1 st
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- Agencies and Political Subdivisions An agency or political
subdivision is any department, agency, authority, commission, or
government entity of this state or any subdivision of this state
O.C.G.A. 50-36-2
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- Who is an Applicant? An applicant is any natural person, 18
years or older, who has made application for access to public
benefits on behalf of an individual, business, corporation,
partnership or other private entity. O.C.G.A. 50-36-1(a)(3)
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- What is a Public Benefit? Federal Public Benefit Definition
State and Local Public Benefit Definition Statutory List of
Benefits Public Benefits that Apply to Local Governments AGs List
of Public Benefits
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- Federal Public Benefit 8 U.S.C. Section 1611 (c) (1) defines
federal public benefit as: any grant, contract, loan, professional
license, or commercial license provided by an agency of the United
States or by appropriated funds of the United States; and any
retirement, welfare, health, disability, public or assisted
housing, postsecondary education, food assistance, unemployment
benefit, or any other similar benefit for which payments or
assistance are provided to an individual, household, or family
eligibility unit by an agency of the United States or by
appropriated funds of the United States.
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- State and Local Public Benefit 8 U.S.C. Section 1621 (c) (1)
defines state and local public benefit as: any grant, contract,
loan, professional license, or commercial license provided by an
agency of a State or local government or by appropriated funds of a
State or local government; and any retirement, welfare, health,
disability, public or assisted housing, postsecondary education,
food assistance, unemployment benefit, or any other similar benefit
for which payments or assistance are provided to an individual,
household, or family eligibility unit by an agency of a State or
local government or by appropriated funds of a State or local
government.
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- List of Public Benefits in Statute Adult Education Cash
Allowance Disability Insurance Down Payment Assistance Energy
Assistance Food Stamps Gaming License Health Benefits Housing
Assistance Medicaid Occupational License Professional License Rent
Assistance State Grant or Loan State ID Card TANF Unemployment
Insurance Welfare to Work
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- List of Public Benefits in Statute Business certificate,
license or registration Business loan Loan guarantee Registration
of a regulated business Tax certificate required to conduct a
commercial business Authorization to conduct a commercial
enterprise or business
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- Public Benefits that May Apply to Local Governments Commercial
Licenses/Occupational Taxes Alcoholic Beverage License Occupation
Tax Certificates Taxicab Licenses
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- Public Benefits that May Apply to Local Governments Employee
Benefits Retirement Health Disability Contracts
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- Public Benefits that May Apply to Local Governments
Miscellaneous Licenses: Auctioneers Transient businesses Pawn
brokers Massage therapists Billiard rooms operations Fortune
telling and palmistry Precious metals and gem dealers Flea markets
Peddlers and itinerant peddlers
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- Attorney Generals List Each year by August 1 st, the Office of
the Attorney General is required to provide a list of public
benefits that may be administered in Georgia
http://law.ga.gov/sites/law.ga.gov/files/related_files/si
te_page/Updated%202012%20SAVE%20ANNUAL%20 REPORT%208.28.12.pdf
http://law.ga.gov/sites/law.ga.gov/files/related_files/si
te_page/Updated%202012%20SAVE%20ANNUAL%20 REPORT%208.28.12.pdf
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- What Information Should be Included in the Report? Identify all
benefits administered by your agency or political subdivision
Identify if SAVE verification for each benefit has been
authorized
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- Where Do I Find the Information to Complete the Report? The
information to compile the report can be found through the
Memorandum of Agreement (MOA) that each agency or political
subdivision that registers to use SAVE enters into with the
Department of Homeland Security
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- What is the reporting period for 2012? The reporting period is
from December 1, 2011- November 30, 2012
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- How Do I Submit My Report? Agencies and political subdivisions
must register with DCA then select the types of public benefits
administered and whether SAVE verification authorization has been
provided DCA has an online reporting system
http://www.dca.state.ga.us/PBRegistration/LocalPBRe g/Index.aspx
http://www.dca.state.ga.us/PBRegistration/LocalPBRe
g/Index.aspx
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- Submitting the Report DCA needs to add slides with further
instructions and screen shots as needed
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- Public Benefits Reporting
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- Enforcement
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- Immigration Enforcement Review Board Seven members Attached to
Department of Audits All matters determined by majority vote
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- Duties Review and investigate complaints Take remedial action
(hold hearings and compile evidence) Subpoena relevant documents
and witnesses Only applies to State and local governments
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- Filing and Investigating Complaints Complaints May be Filed by
Legal Residents that are Legally Registered to Vote Method to File
Posted on the Department of Audits Web site
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- Board Meetings Must meet once every three months Required to
send notice Must issue written report of findings Evaluations
Judgments Recommendations
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- Reviews and Hearings Initial reviews by panel of one or more
members Must issue initial decision within 60 days If adverse, have
30 days to comply If not, sanction recommended
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- Sanctions Only apply if knowingly and willfully violated law
Apply to individuals May be appealed to full Board Must appeal
within 30 days of sanction Full Board may affirm, overturn or
modify initial decisions and sanctions Attorney General brings
civil action to enforce compliance
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- Penalties Fines of up to $10,000 for intentional and knowing
failure by agency heads to comply Sanctions of $1000-$5000 for
knowing and willing failure to comply Removal from office High and
aggravated misdemeanor charges Fines of $1000 and up to 12 months
in jail for knowingly accepting fraudulent documents Loss of
qualified government status Loss of state appropriated funds
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- Important Websites Department of Audits
http://www.audits.ga.gov/NALGAD/IllegalImmigratio
nReformandEnforcementAct.html Department of Community Affairs
http://www.dca.ga.gov/development/research/progra ms/pbrs.asp
Department of Law http://law.ga.gov/immigration-reports
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- Member Websites ACCG www.accg.org GMA http://www.gmanet.com/
RCs/Development Authorities, etc.,
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- Questions?