fall 2012 training series. program overview history of immigration law in georgia physical...

Fall 2012 Training Series

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

History of Immigration Law in Georgia

Major Georgia Immigration Laws SB 529 (2006) HB 2 (2009) HB 87 (2011)

Physical Performance of Services/Public Contractor Reporting Requirements

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

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

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

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

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

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

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

Where to Find Sample Contractor Affidavits Department of Audits and Accounts Website http://www.audits.ga.gov/NALGAD/section_3_affidavits.html

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

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

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.

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 [email protected] with the subject line Request HB 87 Instructions. [email protected]

Questions about Submitting Report Contact the Department of Audits and Accounts at 404-656-9145 or at [email protected][email protected]

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

Private Employer/Business License Report (Counties and Cities)

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

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

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)

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

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

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

What is the reporting period for 2012? Counties and cities must identify each license or certificate issued during the previous 12 months

Submitting the Report DOAA needs to add submission information and screen shots

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

Public Benefits/SAVE Report

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

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

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)

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

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.

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.

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

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

Public Benefits that May Apply to Local Governments Commercial Licenses/Occupational Taxes Alcoholic Beverage License Occupation Tax Certificates Taxicab Licenses

Public Benefits that May Apply to Local Governments Employee Benefits Retirement Health Disability Contracts

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

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

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

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

What is the reporting period for 2012? The reporting period is from December 1, 2011- November 30, 2012

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

Submitting the Report DCA needs to add slides with further instructions and screen shots as needed

Public Benefits Reporting

Enforcement

Immigration Enforcement Review Board Seven members Attached to Department of Audits All matters determined by majority vote

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

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

Board Meetings Must meet once every three months Required to send notice Must issue written report of findings Evaluations Judgments Recommendations

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

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

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

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

Member Websites ACCG www.accg.org GMA http://www.gmanet.com/ RCs/Development Authorities, etc.,

Questions?

fall 2012 training series. program overview history of immigration law in georgia physical...

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