Georgia Immigration-Themed Legislative Rundown (post Cross Over Day)

Now, a Summary:
Three alive bills
- The Senate and House versions of the Show Me Your Papers/ Arizona copycat bills, SB 40 and HB 87 cross to the opposite chamber for committee hearings.(SB 40 now in House Judiciary Non-Civil and HB 87 in Senate Judiciary)
- The SB 162 bill that makes a DUI a felony on first occurrence ONLY for an undocumented person, is in House Judiciary Non-Civil Committee (we believe this passed the Senate in a fluke and can be stalled out on the House side, but watch for alerts)

Bills that were stopped and cannot proceed as written*:
SB 7 - Hurt and Run - denial of workers comp to an undocumented worker
SB 27 - Mandatory E-VERIFY
SB 104 - Arizona copycat bill on steroids
SB 172 - Mandatory 287g for counties over 100k population
HB 59 - Destroy the Dream ban on college access even at out of state tuition rate
HB 72 - English Only for drivers license written test
*we do watch for attempts to amend other bills with language from these failed proposals

This Week:
The week began with the Senate vote on SB 40, the Senate Arizona copycat version that many considered less comprehensive than the House "Show Me Your Papers" HB 87. This bill is still considered by progressives to be totally unacceptable and unworkable & very bad for Georgia. Many followed the extended debate that saw bipartisan opposition, There were Senators who spoke against the bill and then voted for it, and other nuanced maneuvers.

The 34-21 passage included three Republicans voting No. Two of those three thought the bill unworkable but the other thought the bill not tough enough. One excused absence, non-voting Senator (Democrat) would have voted No. And two Democrats voted for. Since there were a couple of Republican Senators that expressed problems with the bill prior to the vote (mostly from districts that are heavily influenced by agricultural interests) progressives were disappointed that they didn't have the political courage to vote accordingly. In addition to the pressure on Republicans to support a Party priority, there was also a feeling that the Senate version had to be kept alive to be "competition" for the more onerous HB 87. Everyone expects that whatever emerges as a final version of a "Show Me Your Papers Bill" will be the result of a conference committee re-write once the two bills work their way through the opposite chamber processes. 

Due to the knowledge that some of the Republican Yes votes were weak, there was a motion to reconsider the vote. This motion would give Senators the opportunity to change their minds. It would have taken a switch of at least 6 Senators to have been successful. If this number could not be achieved, there would be no reason for a reconsideration vote to be taken. And that is what happened. So in sum, there WERE Senators willing to reconsider but not unless they were covered by at least 6 others. SB 40 moves to the House as passed Monday 3-14 by the original vote of 34-21. It was not "passed again" on 3-16, there simply was no vote on reconsideration, the 3-14 vote stands.

The infamous Crossover Day came with the intense drama of not only working to turn Senators on SB 40, but also working, waiting and preparing for potential House action on HB 59 "Destroy the Dream" and the tabled HB 72 English Only bill-which HB 72 English fell under a different procedure because it was a Tabled bill. It was not subject to the Supplemental Calendar process, it actually could have been called at any time in between other bills. The Speaker could entertain a Motion for Remove from the Table. He never recognized a member to make that motion, so this bill technically expired just as the other bills failing to pass by Crossover Day. 

Next Week:
The House and Senate are in session Monday, Tuesday and Wednesday (start time is 1:00 pm Monday and 10:00 am Tuesday and Wednesday)
No Committee meetings have yet been scheduled for any immigration-related bills in either the House or Senate, but they could come up quick. Only a few committees have posted their hearings for next week. 

Alive Bills:
SB 162 Felony DUI for first violation ONLY if undocumented, has already been assigned to House Judiciary Non-Civil
SB 40 Show Me Your Papers (Senate version), we are sure will also go to Judiciary Non-Civil, but the assignment is official Monday
HB 87 Show Me Your Papers (House version) is already in Senate Judiciary, but not yet scheduled for hearing

The bills all go through the same procedure in the opposite chamber as they went through already.

Both Chambers:
1- Committee hearing or hearings. (Possible sub-committee assignment before full committee hearing, but not really likely for 40 or 87 but SB 162 may be buried in a sub-committee)
2- If passed by Committee, it will go to Rules
3- Rules decides if or when bill gets a floor vote

from Chamber to Chamber:
4- (a) If House votes yes to SB 40 in committee and the floor, it will go back to the Senate for a vote to approve the House passed version of that Senate bill.
(b) If the Senate votes yes to HB 87 in committee and the floor, it will go back to the House for a vote to approve the Senate version of that House bill.

5. If either chamber approves immediately the bills sent back to them from the opposite chamber, then the bill passes and goes to the Governor. Whichever bill is acted upon first becomes it.

6. if the rival chambers will NOT wholesale agree to the versions of the bill sent back to them from the other side.

7. This "disagree" posture will trigger what they call Conference Committee. Three members of the Senate are chosen to meet with three chosen members from the House.

8. The Conference Committee meets to take both bills and try to agree on a re-write that potentially includes portions of both bills. They have total latitude in this re-write process, 

9. Once the Conference Committee comes to agreement, their re-write goes to both the House and Senate for a vote to agree or disagree.

there are only 10 working days to do this. The 10 days will stretch into at least the second week of April. Although we do know they plan to be in recess April 4-8, the other days past the 28th are not yet announced.

MONDAY VIGIL FOR HOPE

Monday, March, 7th - 
Candlelight vigil for the beginning of the end of the HOPE scholarship
Georgia Capitol steps, 6 pm -12 am

On Monday, March 7th, students, workers, and community members will gather at the Georgia State Capitol for a candlelight vigil commemorating the death of the HOPE scholarship. On Friday morning, the Senate Higher Education committee approved House Bill 326, which will DRASTICALLY cut the HOPE scholarship. Under H.B. 326, the only people receiving full HOPE aid will be those who graduated from high school with a 3.7, got a 1200 on their SAT, and are able to maintain a 3.3 through college. This also applies to students currently in college!

Bear in mind that the ones who will be hardest hit by these cuts are people of color and low income students. Georgia politicians, intentional or not, are actively re-segregating our schools, as the end result will be a tendency that favors those who are able to afford a tutor, those with a stable household, and those who are able to study instead of work. This is in line with HB 59, which will bar undocumented students from being able to attend the university system of Georgia. The result of these bills will be an educational system in Georgia that favors the rich.

Georgia politicians are PURPOSELY trying to pass this bill in less than a week after it was introduced so that students and workers don’t have time to mobilize and fight back! For the past week, we have been at the capitol protesting daily and letting our voices be heard. But guess what? We're not stopping! This is just the beginning, because we know that if we don't stand together and fight now, things will only get worse.

ACTION Needed on Key Republicans....No on HB 87! Yes to Immigrant Rights!

Thank you to all who responded to the previous action to call the Governor, Lt Governor and House Speaker.  Please continue to pass that action along.  We now need to add calls and emails  to key Republicans who are potentially on the fence.
Remember, the vote on HB 87 and HB 59 is ANY DAY NOW.

Please take 5 minutes to make calls, send emails and spread this action!

What Happens in Arizona, Must Stop in Arizona!

Please take 5 minutes TODAY for immigrant justice and human dignity...and forward this email!
Background:  The GA legislature has introduced several pieces of anti-immigrant legislation, including Arizona copy cat bills, HB 87 and SB 40.  Just this morning, the House Judiciary Non-Civil Committee passed HB 87 out of committee, which means a vote on the House Floor is imminent.  HB 59—which would deny public higher education to undocumented students—is also going to the House floor soon for a vote.  We need as many people to make calls, calls, and more calls, as well as emails, emails, and more emails, to ask our elected leaders to put an end to this scapegoating and immigrant bashing.

Call/Email Republicans who might be on the fence.  We cannot assume how they will vote.  Let’s put some pressure on!

“I urge you to vote “No” Vote on the Arizona Copycat, HB 87, and all other anti-immigrant legislation, including HB 59.  These bills are making Georgia look bad in the eyes of the country and the world.  Any legislation that pushes immigrant workers out of Georgia, or denies educational opportunity, will harm our state economically and morally.  As a Georgia resident, I urge you to oppose these bills.”

Rep. Amos Anderson 404.657.8534 amos.amerson@house.ga.gov
Rep. Paul Battles p.battles@yahoo.com
Rep. Tommy Benton 404.656.0177 tommy.benton@house.ga.gov
Rep. Buzz Brockway 404.656.0188 buzz.brockway@house.ga.gov
Rep. Amy Carter 404.651.7737 amy.carter@house.ga.gov
Rep. David Casas 404.656.0254 david.casas@house.ga.gov
Rep. Doug Collins 404.651.7737 doug.collins@house.ga.gov
Rep. Christian Coomer 404.656.0109 christian.coomer@house.ga.gov
Rep. Sharon Cooper 404.656.5069 sharon.cooper@house.ga.gov
Rep. Harry Geisinger 404.656.0254 harry.geisinger@house.ga.gov
Rep. Gerald Greene 404.656.0202 gerald.greene@house.ga.gov
Rep. Rob Hanner 404.656.7859 bob.hanner@house.ga.gov
Rep. Doug Holt 404.656.0152 doug.holt@house.ga.gov
Rep. Penny Houston 404.463.2247 penny.houston@house.ga.gov
Rep. Mike Jacobs 404.656.0152 repjacobs@comcast.net
Rep. Rusty Kidd 404.656.0202
Majority Whip Edward Lindsey 404.656.5024 edward.lindsey@house.ga.gov
Rep. Judy Manning 404.656.7868 judy.manning@house.ga.gov
Rep. Howard Maxwell 404.656.5143 howard.maxwell@house.ga.gov
Rep. Doug McKillip 404.656.0177 doug@dougmckillip.com
Rep. B.J. Pak 404.656.0254 bj.pak@house.ga.gov
Rep. Ann Purcell 404.656.5139  ann.purcell@house.ga.gov
Rep. Lynne Riley 404.656.0188 lynne.riley@house.ga.gov
Rep. Ron Stephens 404.656.5115 quickrxdrugs@yahoo.com
Rep. Wendell Willard 404.656.5125 wendell.willard@house.ga.gov

And don’t forget to call your Representative if you haven’t yet….

You can find your Representative at:  http://votesmart.org/

Testimony on HB 59 by Chancellor Erroll Davis, Jr.-Univ. System of GA

Testimony on House Bill 59 by Chancellor Erroll Davis Jr. University System Of Georgia
– Testimony on House Bill 59 –
Chancellor Erroll B. Davis Jr.
University System of Georgia
to the House Higher Education Committee
Tuesday, February 15, 2011
 
Mr. Chairman:
 
Thank you for the opportunity to appear before the House Higher Education Committee. You and the other members of the General Assembly have a long history of supporting public higher education, and the University System and its institutions would not have the national reputation they enjoy today absent the efforts of you and your predecessors.
 
You would, of course, have to be living in a time capsule not to be aware of the public debate over illegal immigration. We are all frustrated by the federal government’s failure to deal with this issue. I wish I could tell you that I had the answers to this problem.
 
I am not here today, however, to engage in the broader debate about illegal immigration. Rather, I am here today with a much narrower purpose: to report on what steps the Board of Regents has taken in this area, and to discuss some potential implications of House Bill 59 on the University System, often described by others as the crown jewel of the state’s assets.
 
It is important to note that the Board of Regents has taken no formal position on HB59.
We appreciate Representative Rice’s openness with us about what he is trying to accomplish in this bill. We have worked cooperatively with Representative Rice in the past, most recently last session on the issue of intellectual diversity, and we deeply respect his commitment to education and public service.
 
The University System of Georgia is, at its heart, an educational agency in the business of preparing individuals for the future by increasing their knowledge and skills; we are not in the immigration business, nor are we presently structured to serve as immigration authorities. Our mission is to educate individuals – in a manner consistent with the law – that increases the numbers of people earning undergraduate or graduate degrees. This mission serves
Georgia, the nation, and even the wider global economy by creating the workforce needed for sound and robust economic growth and job creation.
 
First, just to clarify the current situation, our capacity is not being stressed by thousands of illegal students. Out of 311,000 students in our 35 colleges and universities last fall semester, we found 501 undocumented students, or less than two-tenths of one percent. These 501 students all pay out-of-state tuition, which more than fully covers the cost of their education.
 
Let me explain the difference between “illegal” and “undocumented.” It should not be assumed that “undocumented” equals “illegal.”
 
Undocumented students are those who have not provided to us the appropriate documents so that they can be classified for in-state tuition. The number of undocumented students will fluctuate, as individual cases are resolved.
 
Let me give you a few examples of an undocumented student:
• Military students whose parents are now using another state as their home of record;
• The child of a parent who is working in a border state and is not paying Georgia taxes;
• The student who has entered this country in legal status and has applied for permanent residency, but due to the delay in processing, is in a limbo status until the application is approved; and
• The student who fails to answer questions on the application and/or has refused to provide documentationwhen asked. This happens most frequently with US citizens seeking in-state tuition rates.
 
The 501 undocumented students enrolled in our System also do not take the place of academically qualified Georgians. Only 29 of the 501 were enrolled at the five USG institutions that limit undergraduate enrollment. As I will note later, the Board of Regents passed a policy in October that now prevents undocumented students from being admitted to these five institutions: UGA, Georgia Tech, Georgia State, Georgia Health Sciences University, and Georgia College and State University.
 
Therefore, we want the committee to be aware that the issue of undocumented students taking seats from taxpaying Georgians has already been addressed administratively by the Board of Regents.
 
Let me also respond in a little more detail to those who have expressed concern that  undocumented students are preventing Georgians from taking some classes. We have thousands of students throughout the System that will experience during the course of their college attendance the inability to take a particular class at a desired time at a desired place. This phenomenon is hardly driven by undocumented students. The much greater driver is the lack of
resources to meet exploding enrollment.
 
Second, the Board of Regents has heard the concerns over improper student classifications that have been expressed and has already taken steps to address them. The Board took four policy actions in October.
• One, students must now sign a statement on the college application that, if they make false statements, they are subject to immediate dismissal from the institution and to prosecution for false swearing, which carries a penalty of up to five years in prison and a fine of up to $1,000.
• Two, students must now declare on their application whether they are applying for in-state tuition.
• Three, USG institutions must verify the lawful presence in the United States of every single student who applies for in-state tuition. Some institutions use the SAVE system; other institutions use other systems.
• And four, as I said earlier, the Board has closed off five institutions to undocumented students all together.
 
Given the above, we believe that we have already taken the necessary actions to ensure that Georgia taxpayers are protected and, further, that the children of taxpaying Georgians are not displaced by undocumented students.
 
Finally, I would be remiss as Chancellor if I did not suggest that this discussion should also be cast in the wider context of the world of higher education. Higher education is a very competitive, reputation-driven industry. Just like our farmers and businesses are competing with those in other states and beyond, our colleges and universities are competing for the best faculty and student talent. The University System of Georgia is one of the more highly regarded systems in the nation. Georgia is one of only three states in the US with two or more top-twenty public universities. People now want to come here. The last president we hired came to us from the state of Washington.
 
To put the actions proposed in the legislation into an appropriate context, the committee should also be aware that forty-nine states permit undocumented students to attend their public colleges, most at out-of-state tuition rates. Ten states knowingly permit undocumented students to attend at in-state tuition rates. Only one state in the nation entirely prevents undocumented students from attending its public colleges and universities – and that state is not Arizona. Even Arizona, with the toughest state statute in the country on illegal immigration, permits undocumented students to attend its colleges and universities, at the out-of-state tuition rate.
 
In summary: the Board of Regents made a review of student classification for residency and tuition a priority last year. This review found a small number of undocumented students – all classified correctly for tuition purposes – and resulted in Board actions, outlined earlier, that administratively address any concerns raised. We would hope that any decision on HB59 would consider actions already taken as well as the reputational risk to the University System and the state.
 
Mr. Chairman, we appreciate the opportunity to share our concerns with you and the committee. And, I would, of course, be happy to take any questions that you may have.

Live Tweet Transcript of HB 59 Hearing 2/15/11

3:14pm  In hearing on #hb59 #GAanti-Dreambill
3:15pm Chairman Rice opens by saying immigrants are "welcome" to higher education #hb59
3:16pm Chairman Rice says he's personally committed to the educational advancement if immigrants who are                here legally #hb59
3:17pm  Mentions Jessica Colottl as an impetus to the writing of this bill#hb59
3:19pm  #hb2 did not address higher education
3:20pm  Chairman says all #hb59 does is adds to the list of "public benefits"
3:22pm  #Chip Rodgers just walked in
3:23pm  Rice says undocumented students would be taking the "spot" of anyone here legally
3:24pm  Ashe asks how long it would take for info from SAVE to upload once a student enters his/her status   info
3:24pm  He responds "seconds" #hb59
3:25pm  Rice has DA KING to speak on the behalf of #hb59
3:26pm  The other bill crafted says that the intent of the bill is simply fairness.
3:27pm  Says SAVE database would ensure that only those who qualify would benefit from these public benefits (Rodgers) #hb59
3:28pm  Balfour now speaking using the term "illegal" quite blatantly
3:29pm  Talking abt a soldier who got home from Ft. Benning who couldn't take advantage of his acceptance to Gainesville College bc an "illegal" took his place #hb59
3:31pm  Balfour saying that #hb59 necessary bc the bd of Regents didn't go far enough in restricting admission to "illegals" to GA's top 5 univ.
3:31pm  DA King standing behind us
3:33pm  Balfour asked who is qualified to review a student's residency status at any university
3:33pm  Balfour says, "that question is so simple I’ma let my assistant answer it." walks off
3:34pm  The question is abt the costs the affidavits the SAVE syst would incur
3:35pm  Rep Long says state can't pay for these affidavits
3:36pm  Students would be accepted & enrolled until found to be undocumented. Then they'd be dumped! #hb59
3:37pm  Rep. Long asks if schools would have to staff up to undertake the systematic overhaul the SAVE syst would cause. #hb59
3:37pm  Another lawmaker asks if TEG dollars, which go to private schools, could be marked "only for legals" #hb59
3:38pm  Answer is "no" #hb59
3:40pm  Chairman says the committee will take some kind of action today on this bill #hb59
3:41pm  Chancellor of Univ of Ga system talking now. Using term "illegal". Black man. Smh #hb59
3:42pm  Says bd of Regents has taken no position on #hb59 & they're not in the immigration business nor are they structured to be such
3:42pm  Says their capacity is NOT being stressed by an overcapacity of undocumented students
3:43pm  Says they only found 501 undocumented students & they ALL are paying out-of-St tuition which more than pays for their education
3:44pm  Making distinction btwn undocumented & illegal students. #hb59
3:45pm  Not liking the way he's drawing that distinction. No need for it. Now we're going to make a hierarchy of statuses that are not "permanent"?
3:47pm  Detailing now the steps the bd of Rgnts took in October to address the matter of status.
3:47pm  Says some schools use the Federal Aid system of verification, & others use SAVE
3:49pm  Says this discussion should be had in the context of world competition. GA is only 1of 3 states w more than 1 top Univ. #hb59
3:50pm  Says only one state in the nation bars undocumented students from matriculating in that state's universities. Warns of reputational risk.
3:52pm  Rep Long asking if there is a box to check for status on GA Univ syst. Applications #hb59
3:53pm  Chancellor points out that ATTENDANCE to a public school is NOT a public benefit. Homeland security says attendance not a public benefit 2
3:54pm  Says GA parents pushing back on how much paperwork that is now being required to prove citizenship. #hb59
3:55pm  One Rep asks Chancellor to provide committee w the rulings that show attendance is not a public benefit.
3:56pm  Chairman just said the committee wants to avoid ppl "making similar statements"!!!!!! CAN'T DO THAT!!!! that's what these hearings ARE FOR!!
3:57pm  Prof from W.Ga speaking on behalf of undocumented students who pay more than documented residents. #hb59
3:58pm  Says her classes have been full before, but NOT bc undocumented students have filled them up.
3:59pm  Her name was Dr. Cook. Eva Cardenas of GADREAMERS talking now. That's my girl! #hb59
4:00pm  Talking abt how NAFTA made ppl like her economic refugees. Wants committee to understand that. PREACH, baby girl!! #hb59
4:01pm  Correlating Jim Crowism w #hb59. Has GA learned anything from it's past?
4:02pm  Points out how the 501 undocumented students in the GA Univ syst are more than worth their academic weight in gold (cites statistics).#hb59
4:04pm  Says bill will only create a second class system. Warns that the children of the students will remember... #hb59
4:04pm  Audience claps & Chairman says no clapping. WTF
4:05pm  Tony Harris Bosselman, educator, says educator "shocked" & "appalled" at #hb59
4:06pm  "We are ALL better off the more we educate." #hb59
4:07pm  She says "to you, they are an abstraction. To ME they are human beings. They only want to better themselves." #hb59
4:08pm  "they humble me every day of my life." #hb59 "we want ppl in schools & not on the streets w no option. I've not heard a rationale. Who wins
4:08pm  Roberto Gutierrez given 2 minutes to speak.
4:10pm  Points out how undocumented students have no access to becas like HOPE. They are in no way a drain on public benefits syst. #hb59
4:11pm  "don't kill my dream nor that of my friends, either." #hb59
4:12pm  Lt. Colonel says he feels like he's been put back in the 50's & 60's. Says "u make a profit off these students? So why don't you want them?”
4:13pm  Did a study of taxes paid by undocumented residents & reads off major pts. #hb59
4:15pm  “Why can't the ppl in the lowest tax brackets go to school?” He wants undocumented students to actually pay in-state tuition. #hb59
4:18pm  The Lt Colonel is a white man. Wasn't told upon approaching podium that he had a time-limit like Roberto had.
4:18pm  One committee member needs a lesson on how undocumented ppl pay INTO tax system & don't get to take OUT. says he doesn't "see it" cause he's
4:18pm  A CPA & a tax-preparer. LAWD #hb59
4:22pm  Azadeh says limiting access to higher education is short-sighted. These very ppl may become citizens one day & it's not likely they leave GA
4:28pm  Rev. Myers-Brown cuts chairman's attempt to limit her time off! YESS! says she's here to represent what God has to say abt imm. Issues
4:30pm  Maria Duarte corrects chairman on the pronunciation of her name as he gives her a time-limit. GO girl! #hb59
4:32pm  Says bd of Rgts has already tackled this issue. Leave immigration to Feds. #hb59
4:33pm  Everyone let's out a collective sigh as DA King takes mic. Intros himself as the "chief sweeper" given no time-limit. #hb59
4:33pm  Says he was taught that justice is equal application of the law. & he's got great sympathy for a child brought here not if his own choice
4:34pm  Says he doesn't want to be the one to tell the fam of a "legal" immigrant fam that their kid's spot @ school was taken by someone who is
4:35pm  "deportable at any time." WTF?!! #hb59
4:44pm  Rep Long talks abt Jim Crowism. Crowd goes wild. Ppl shouting "That's RIGHT!" #hb59 asks King what these students would do on the streets
4:46pm  King cuts Rep Long off!!! #whiteprivilege
4:48pm  Rep Knight asks King abt (CPA) to be enlightened abt "the taxes". WTF?! How are you in office??? #hb59
4:49pm  King educating Knight on how an undocumented ppl get tax id #s.#hb59
4:50pm  King says that undocumented ppl have no right to be classified the same way real hard-working and legal immigrants. WTF?????!!!!!!!! #hb59
4:52pm  Rice says he got a letter from his pastor asking where grace & mercy were in this bill. He said sometimes grace & justice collide.#hb59
4:52pm  Rice said grace & mercy were allowing undocumented students to matriculated k-12 & to benefit from the public health syst. LORD JESUS!
4:52pm  Rep Knight motions to pass #hb59
4:53pm  #hb59 just passed!!! Ppl shouting "ROLL CALL!"
4:58pm  I just bumped into DA King. & Eva's crying. I feel like crying! just hugged Gina.
5:15pm  #hb59 passed out of COMMITTEE, it's not law yet. Disappointment abounds, nonetheless. Ok... Sadness
5:23pm  #hb59 now goes to Rules where they could push it onto a floor vote or where it could sit til the end of session.
5:24pm  Even if it makes it to the floor it could be ignored til the end of session. #hb59 #fightsnotdoneyet