H.B. 87 – Passed by the General Assembly

NOTES on the Immigration Reform Bill – H.B. 87  – passed by the General Assembly on April 14, 2011

(this is GFVGA’s understanding of the Bill as passed and not a legal interpretation of the final legislation.  Due to amendments made in the Bill in the final hours of the session, there may be changes to some of the items listed below.)  

1.  The Bill includes E-verify for companies with ten or more employees, working 35 or more hours a week, on Janaury 1 of the year in question.

  • For example if you employ 11 employees on January 1 of the year in question – 8 of those are full time working more than 35 hours/wk and  3 are only part time working 20-25 hours per week.  Your company would not be covered and you would not have to use E-verify. 
  • Another example might be – you have 9 full time employees working more thank 35 hours/week on Janaury 1 of the year in question.  However in May when you harvest your crop you hire 25 seasonal works for harvest.  Since you only had 9 full time employees on July 1 you would not be required to E-verify the 25 seasonal works you hire in May.
  • The key is how many employees do you have in your employment, working more than 35 hours per week on Janaury 1 of the year in question.      

2. The Bill phases in implementation of E-verify.

  • For companies with 500 or more employees, working 35 or more hours a week, the effective date is 1/1/2012
  • For companies with 100 to 499 employees, working 35 or more hours a week, the effective date is 7/1/2012
  • For companies with 10 to 99 employees, working 35 or more hours a week, the effective date is 7/1/2013

3. At the time a business liscense is renewed, the company will have to certify they are compiling with the E-verify requirement. 

  • It is our understanding if you operate a business that is not required to have a business liscense, there would not be a reason for you to comply with the E-verify mandate.  

4.  Anyone arrested for any violation – traffic stop, misdemeanor or felony charge – can be checked for their legal status in the U.S.

5. A resolution was also attached to the Bill that requires the GA Department of Agriculture to study how this legislation will effect the agricultural industry in GA and report back to the Legislature at a future date. 

  • The resolution stated that immigration enforcement was a federal issue and the General Assembly encourages Congress to address this issue. 

GFVGA will provide a complete summary of the legislation if the Governor signs the Bill and it becomes law.