Here is just one occurrence from yesterday’s Georgia Legislative session.

Our story unfolds with the fact that despite the attempt of 2009’s HB 2, the Georgia Security and Immigration Compliance Act of 2006 has no real penalty for violations.

Essentially, it is a law that says (in part) public employers (the state of Georgia, all official agencies and local governments and their contractors) – must use the federal employment system ‘E-Verify’ to verify that their newly hired employees are eligible to work in the United States and attest to doing so on a sworn affidavit.

Further, that all official agencies that administer Public Benefits collect an affidavit from applicants attesting to eligibility and verify that eligibility using the federal SAVE system.

Compliance by local governments can be politely described as “partial.”

The recent Cobb County Courthouse construction caper in which illegal labor was discovered working is an example of how the contractors regard the state law that says federal employment laws must be obeyed.

Enter freshman Rep. Rick Austin and his 2010 HB 1164 and state Senator Judson Hill with SB 460. Austin’s bill as originally written was an ambitious and comprehensive attempt to clarify the 2006 law completely and finally. Senator Hill’s bill was aimed only at public works contracts and contracts but provides for punishment for violation of the employment section of GSICA (OCGA 13-10-90).

While bills that require tanning bed operators to register with the state, driving too slow in the left lane and limits on hunting bears passed out of Rules committee, neither Austin’s (even in it’s eviscerated remains after Wendell Willard’s House Judiciary committee) or Hill’s bills made it to floor votes. Both were opposed by ACCG/GMA.

The fact that neither bill made it out of their respective Rules committees produced a high volume of outraged citizen phone calls to the Speaker’s & Lt’s offices.

Apparently bowing to public pressure, the House powers consented to adding what was left of Austin’s bill to a pending Senate bill, SB 447 ( what is now Section “2 A”)

While going through the House committee process, SB 447 saw the addition of a new definition of “physical performance of services” for contractors. This was a new definition also presented as changes to HB 1164 and SB 460 by ACCG and GMA. “Clarifying the law” was the point.

The new definition essentially limited use of the E-Verify system to work done on buildings, real property and roads.

SECTION 2.
Said chapter is further amended by revising Code Section 13-10-90, relating to definitions relative to security and immigration compliance, by adding a new paragraph to read as follows:

“(2.1) ‘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, including the construction, reconstruction, or maintenance of all or part of a public road.

Handy for all ACCG/ GMA and local governments that never wanted to fool with that icky, no cost federal verification process; the definition excluded such contractors as landscapers and cleaning services… as just two examples. It was an attempt to shrink the original 2006 law.

Enter Rep. Tom Rice who introduced a floor amendment to SB 447 adding:

“or any other performance of labor for a public employer under a contract or other bidding process.”

The Rice amendment was intended to restore the original intent of GSICA to include verification of all labor on public works, not only individuals working on buildings and roads.

The Rice amendment was opposed on the floor by…Reps. Wendell Willard and Jay Powell. Willard is city attorney for Sandy Springs.

The Rice amendment was defeated 74 -71 in the House but passed on a reconsideration vote immediately requested by Rice… 83-63.

The remains of Austin’s bill was then added and passed with only 4 NO votes.

It should be noted that ACCG and GMA are two of the most powerful lobbying groups in the Capitol and are funded by member dues which come from local governments (which get their revenue from their taxpayers) and…businesses. One of ACCG’s associate members is Turner construction, which is the contractor on the Cobb Courthouse.

Having begun a campaign to educate Georgians on the fact that their tax dollars are being used to pay ACCG/GMA lobbyists to oppose enforcement legislation, I can say that the average citizen is quite surprised and none too happy about the current situation.

I have gone before the Cobb Commission to suggest that Cobb withdraw its membership from ACCG until that non profit corporation stops using tax dollars to lobby against enforcement legislation under the Gold Dome.

Cobb Sheriff Neil Warren is investigating the Cobb Courthouse construction caper on my citizen complaint.

Clearly, ACCG/GMA and Wendell Willard are… “anti-enforcement” of the laws designed to protect tax dollars from going to black market labor. With 10% Ga. unemployment. And a shrinking state budget.

We win one. THANK YOU FOR YOUR CALLS AND E-MAILS TO THE CAPITOL!