November 18, 2014
ADDED 2:14 PM same day: It looks like WSB TV took the below news report video off of their site. And who could blame them?
ADDED: 3:00 PM - A welcomed call from a senior WSB editor tells us that WSB TV News will air a detailed correction on each broadcast time today in which the original report aired. No word on the future of Diana Davis…
ADDED 9:40 Wednesday AM, next day: : HERE http://www.wsbtv.com/news/news/local/state-senator-files-bill-prevent-illegal-immigrant/nh9k2/ is a link to the correction WSB TV News posted on Diana Davis’ false report.
Here is the video correction WSB TV News aired last night: https://www.youtube.com/watch?v=9FTzC3rMVK4
Is Atlanta’s WSB TV News reporter Diana Davis an official anti-enforcement activist reporter?
You be the judge. Watch the short video.
1) Georgia state Senator’s SB 6 ( see outline HERE ) does not stop “non-citizens” from obtaining a Georgia drivers license. That is the entire false premise of Diana Davis’ agenda-driven report. The bill says illegal aliens who are beneficiaries of Obama’s deferred action on deportation will not be allowed to obtain or keep a Georgia drivers license. Not being an American citizen does NOT prohibit anyone from getting a Georgia drivers license!
2) Charles Kuck is an immigration lawyer. But he is also vice-Chair of the rapidly anti-enforcement, pro-amnesty, tribalist GALEO Corporation . The AJC and other news outlets in Georgia and now WSB TV News omit that important attribution. See HERE for Kuck’s position. NOTE: The AJC “justice”-trained immigration reporter did it again yesterday, after repeated promises over the years from senior editors that the biased practice would stop: “Charles Kuck, a local immigration attorney who teaches immigration law at Emory University…” HERE
3) It is impossible to see how anyone could invent a more biased, incomplete and more intentionally false report on this common sense, life-saving legislation in Georgia than what Davis has done.
* Assuming that WSB TV News does a correction AND a separate story that contains an accurate portrayal of the facts involving the pending legislation in the Georgia Capitol, we will be happy to post that information far and wide.
You can contact WSB TV News reporter Diana Davis and her producers HERE
This is not the first time Davis has done this. Several years ago, WSB TV News was kind enough to interrupt the 6:00 news to air a correction to another story she got 100% wrong after asking me a direct question and reversing my face-to-face response.
One word? PEEEEEUUUUU!
SILENCE IS CONSENT.
November 16, 2014
The Georgia Road Safety and Drivers License Integrity Act – pre-filed as SB 6 for the 2015 session. What you need to know – volume #1
A round up of information for the Georgia Road Safety and Drivers License Integrity Act for the 2015 session. Pre-filed November 17, 2014 by Georgia state Senator Josh McKoon.
* Outline of the 12 sections HERE
* Text of bill as pre-filed HERE
* Facts on deferred action, drivers licenses for illegal aliens and what is happening in other states on rewarding illegal aliens with drivers licenses. HERE
*Who was Dustin Inman? HERE
The Georgia Road Safety and Drivers License Integrity Act - 2015
Section by section outline
Pre-filed as SB 6 for the 2015 session
Sponsored by Georgia state Senator Josh McKoon (R- Columbus) – 2015 session
Section 1 – Code Section: Chapter 5, Title 40, OCGA dealing with drivers licenses
Refines and updates the definition of “legal alien status” for purposes of the Department of Driver Services (DDS) issuing a Georgia drivers license. Definition excludes any illegal alien who has been granted deferred deportation status. Also clarifies definition of “personal information” obtained in that code section.
Section 2 – Title 40
Language establishes authority and directs for the DDS Commissioner to share information obtained for the purpose of issuing a drivers license with appropriate governmental authorities. (see Section 11 pertaining to the federal E-Verify ‘RIDE’ program). Excludes non-citizens who hold temporary drivers licenses from existing limitations on personal information shared with appropriate governmental authorities.
Section 3 – Title 40
Strikes the current language of state law that includes illegal aliens who are beneficiaries of federal deferred action on deportation in eligibility for a drivers license. Requires aliens applying for a temporary drivers license or state ID card to submit fingerprints with application. Requires DDS to include fingerprint or alternate biological characteristic of temporary license holder on the license or ID card after January 1, 2016.
Section 4 – Title 40
Requires DDS to obtain an affidavit from alien applicants for drivers license swearing that applicant is not a recipient of deferred deportation action grant from the federal government. False statements may be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both.
Section 5 – Title 40
Makes exclusion for non-citizens/temporary drivers licenses to current state law on collection of fingerprints.
Section 6 – Title 40
Increases penalties for driving without being properly licensed, reduces number of convictions of driving without being licensed for offender to be guilty of a felony.
Section 7 – Title 40
With exclusions, including for for expired drivers licenses and drivers 15 years old or younger, establishes authority of peace officer to have discretion to order that a vehicle driven by an unlicensed driver be impounded for 60 days. Requires vehicle owner to pay storage fees. Allows hearing process for the owner of impounded vehicle. Requires release of vehicle to owner, or owners spouse, child or parent who is lawfully licensed to drive.
Section 8 – Title 40
Modifies current law regarding “abandoned motor vehicle” in accordance with Section 7.
Section 9 – Title 40
Modifies current law regarding “Duty of person removing or storing motor vehicle” in accordance with Section 7.
Section 10 – Title 40
Alters another code section in accordance with Section 7.
Section 11 – Title 40
Requires the Commisser of Driver services to [participate in the federal e-Verify ‘RIDE’ program.
Section 12 – All laws in conflict repealed.
Pre-filed as SB 6
SINCE 2012, REPUBLICAN-CONTROLLED GEORGIA HAS BEEN REWARDING ABOUT 11,000 DEFERRED ACTION (DACA) ILLEGAL ALIENS WITH DRIVERS LICENSES – OBAMA TRYING TO MAKE THAT NUMBER SKYROCKET !
* According to DHS, Georgia contains more illegal aliens than Arizona.
• In 2011, Republican Governor Nathan Deal put the estimate of the cost of illegal immigration to Georgia taxpayers at $2.4 billion.
• Obama’s threatened executive deferred-action-on-deportation-amnesty would reward several hundred thousand illegal aliens in Georgia with a federal work permit and a Social Security Number, which under current law would make them eligible for a Georgia drivers license and other public benefits.
• The current unemployment rate in Georgia is 7.9%
Our opinion: BOLD ACTION NEEDED! DO NOT DEFER TO OBAMA’S PRESIDENTS JUDGEMENT ON ILLEGAL AMNESTY AND GEORGIA DRIVERS LICENSES!
Below, we list several facts that legislators, reporters and voters in Georgia will need for the 2015 legislative process on SB 6 , The Georgia Road safety and Drivers License Integrity Act. (pre-filed November 17, 2014. State Senator Josh McKoon, sponsor.
Deferred action illegal aliens are still illegal aliens and DO NOT have lawful status:
*What Is DACA ( from USCIS)
“On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. HERE
* Deferred action is NOT requirement for states to issue drivers licenses!
From illegal alien lobby law offices;
States Grant Licenses to DACA Recipients“Because the rules governing eligibility for driver’s licenses vary by state, a grant of DACA does not provide access to a state driver’s license automatically. But otherwise-eligible DACA recipients who obtain an employment authorization document and a Social Security number have been able to obtain a license in almost every state.
The rules in most states either list deferred action specifically as meeting a lawful presence requirement or provide that an employment authorization document is acceptable to establish eligibility for a license. Like other driver’s license applicants, DACA recipients also must provide proof of identity and age, and also meet the state residence requirements, in order to obtain a license…” HERE
*Nebraska does not issue drivers licenses to DACA recipients.
Feb, 2014: “A federal judge has dismissed a lawsuit challenging the state of Nebraska for denying driver’s licenses to Dreamers who have received temporary authorization to stay and work in the United States. Smith Camp wrote in her ruling that there was “uncontroverted evidence” that the Nebraska DMV was following the state’s statute and issuing driver’s licenses and state identification cards only to people with a lawful status, as determined by the federal government and verified through the Systematic Alien Verification for Entitlements (SAVE) program.” HERE
* Headline: Mass. Governor-Elect Kills Deval Patrick’s Plan to Issue Drivers Licenses to Illegal Aliens HERE
* Headline: PORTLAND, Ore. (KOIN 6 and AP) –
Residents living in Oregon illegally will not be eligible for drivers’ cards.“It is the first time that voters in any state weighed in on the driver’s license issue.
The law would have allowed immigrants and others to apply for drivers’ cards that could not have been used to vote, board a plane, get benefits or buy firearms.
KOIN 6 political analyst Jim Moore said the fate of Measure 88 represents a law, passed in the legislature, being killed by voters.
The measure was agreed upon by most politicians in the Legislature: Democrats and Republicans from rural-agricultural, suburban, and urban areas all supported it. But, even in heavily Democratic Multnomah County, it failed two-to-one…”
More than $600,000 was invested in the “yes” side, while under $100,000 was invested in the “no” side…” HERE
* OREGON - A Blue state, More ppl voted AGAINST drivers licenses for illegals than voted for winning Dem gov or senator in Oregon. HERE
*California has had a vehicle impound law for unlicensed drivers since 1995
California Vehicle Code Section 14602.6 - Vehicle Impoundment: Suspended, Revoked, or Unlicensed Driver: Hearing
“14602.6. (a) (1) Whenever a peace officer determines that a person was driving a vehicle while his or her driving privilege was suspended or revoked, driving a vehicle while his or her driving privilege is restricted pursuant to Section 13352 or 23575 and the vehicle is not equipped with a functioning, certified interlock device, or driving a vehicle without ever having been issued a driver’s license, the peace officer may either immediately arrest that person and cause the removal and seizure of that vehicle or, if the vehicle is involved in a traffic collision, cause the removal and seizure of the vehicle without the necessity of arresting the person in accordance with Chapter 10 (commencing with Section 22650) of Division 11. A vehicle so impounded shall be impounded for 30 days.
(2) The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the department, informing the owner that the vehicle as been impounded. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days’ impoundment when the legal owner redeems the impounded vehicle. The impounding agency shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of a registered owner to request a hearing…” HERE
UNFUNDED MANDATE: Obama’s “OK, I really am a dictator” illegal executive amnesty creates a financial burden for states as undocumented residents come out of the shadows and become eligible for public benefits. HERE
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The Georgia Road Safety and Drivers License Integrity Act - 2015 Session
Pre-filed as SB 6 November 17, 2014 Georgia state Senator Josh McKoon, sponsor
A BILL TO BE ENTITLED AN ACT
1 To amend Chapters 5, 11, and 16 of Title 40 of the Official Code of Georgia Annotated,
2 relating to drivers’ licenses, abandoned motor vehicles, and the Department of Driver
3 Services, respectively, so as to provide that persons who possess a lawful alien status are the
4 only category of noncitizens who may obtain a license, permit, or card; to provide for
5 definitions; to provide for the storing and furnishing of information on records of noncitizens
6 by the Department of Driver Services; to require the Department of Driver Services to obtain
7 fingerprints or another biological characteristic from noncitizen applicants prior to the
8 issuance of a temporary license, permit, or special identification card; to provide that a
9 temporary license, permit, or special identification card issued to a noncitizen shall bear
10 thereon the fingerprint of the noncitizen applicant; to provide for penalties; to revise penalties
11 for the offense of driving while license is suspended or revoked; to provide that any motor
12 vehicle operated by a person without a license may be subject to removal at the discretion
13 of any peace officer; to provide that such motor vehicles shall not be released for 60 days;
14 to provide for exceptions; to provide for return of the vehicle; to require the Department of
15 Driver Services to participate in the Records and Information from DMVs for E-Verify
16 initiative of the United States Department of Homeland Security; to provide for related
17 matters; to repeal conflicting laws; and for other purposes.
18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
19 SECTION 1.
20 Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers’ licenses,
21 is amended by revising paragraphs (11), (13.5), and (15) of Code Section 40-5-1, relating to
22 definitions, as follows:
23 4(11) ‘Lawful alien status’ means an alien status provided for by the federal Immigration
24 and Nationality Act or any other provision by the United States Congress; provided,
25 however, that lawful alien status shall not include a grant of any deferred deportation
26 action from the United States Department of Homeland Security Reserved.4
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27 4(13.5) ‘Personal information’ means any information that identifies a person, including
28 but not limited to an individual’s fingerprint or other biological characteristic which shall
29 include without limitation deoxyribonucleic acid (DNA) and retinal scan identification
30 characteristics, photograph, or computerized image, social security number, driver
31 identification number, name, address (other than five-digit ZIP Code), telephone number,
32 and medical or disability information.4
33 4(15) ‘Resident’ means a person who has a permanent home or abode in Georgia to
34 which, whenever such person is absent, he or she has the intention of returning. For the
35 purposes of this chapter, there is a rebuttable presumption that the following person is a
37 (A) Any person who accepts employment or engages in any trade, profession, or
38 occupation in Georgia or enters his or her children to be educated in the private or
39 public schools of Georgia within ten days after the commencement of such employment
40 or education; or
41 (B) Any person who, except for infrequent, brief absences, has been present in the state
42 for 30 or more days;
43 provided, however, that no person shall be considered a resident for purposes of this
44 chapter unless such person is either a United States citizen or an alien with legal
45 authorization from the U.S. Immigration and Naturalization Service present in the United
46 States pursuant to a lawful alien status.4
47 SECTION 2.
48 Said chapter is further amended by revising subsections (e) and (k) of Code Section 40-5-2,
49 relating to keeping of records of applications for licenses and information on licenses and the
50 furnishing of information on records, as follows:
51 4(e) Upon written request or participation in verification programs of the United States
52 Department of Homeland Security, including without limitation the initiative provided for
53 under Code Section 40-16-9, the department may provide copies of any record or personal
54 information from any driver’s record for use by any appropriate governmental official,
55 entity, or agency for the purposes of carrying out official governmental functions or
56 legitimate governmental duties; provided, however, that notwithstanding the definition of
57 personal information under Code Section 40-5-1, personal information furnished under this
58 subsection shall be limited to name, address, driver identification number, and medical or
59 disability information, except for personal information related to a temporary license,
60 permit, or special identification card issued to a noncitizen pursuant to Code Section
61 40-5-21.1 which shall not be so limited.4
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62 4(k)(1) The department, pursuant to rules and regulations promulgated by the
63 commissioner, may periodically review all records maintained pursuant to this Code
64 section and shall correct those records which contain known improper, false, fraudulent,
65 or invalid information.
66 (2) Not later than July 31, 2006, the department shall destroy all records of fingerprints
67 obtained on and after April 15, 1996, and prior to July 1, 2006, from applicants for
68 drivers’ licenses, identification cards, and identification cards for persons with disabilities
69 issued by the department and shall compile and make available for public inspection a list
70 of all persons or entities to whom the department provided such fingerprint records.
71 Notwithstanding the provisions of this paragraph, and except as provided for under Code
72 Sections 40-5-21.1, fingerprint images electronically stored on existing drivers’ licenses
73 will be destroyed upon application for a renewal of the driver’s license.4
74 SECTION 3.
75 Said chapter is further amended by revising Code Section 40-5-21.1, relating to temporary
76 licenses, permits, or special identification cards, foreign licenses or identification cards as
77 evidence of legal presence in the United States, and extensions, as follows:
79 (a) Notwithstanding any other provision of this title and subject to subsection (d) of this
80 Code section, an applicant who presents in person valid documentary evidence of:
81 (1) Admission to the United States in a valid, unexpired nonimmigrant status;
82 (2) A pending or approved application for asylum in the United States;
83 (3) Admission into the United States in refugee status;
84 (4) An approved application for temporary protected status in the United States;
85 (5) Approved deferred action status;
86 (6) Other federal documentation verified by the United States Department of Homeland
87 Security to be valid documentary evidence of lawful presence in the United States under
88 federal immigration law alien status; or
89 (7)(6) Verification of lawful presence alien status as provided by Code Section 40-5-21.2
90 may be issued a temporary license, permit, or special identification card. Such temporary
91 license, permit, or special identification card shall be valid only during the period of time
92 of the applicant’s authorized stay in the United States or five years, whichever occurs first.
93 (b) A driver’s license or identification card issued by any state or territory which, on or
94 after July 1, 2006, authorized such driver’s license or identification card to be issued to
95 persons not lawfully present in the United States who do not have a lawful alien status may
96 not be accepted as evidence of legal presence in the United States lawful alien status.
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97 (c) Any noncitizen applicant who possesses a lawful alien status and whose Georgia
98 driver’s license or identification card has expired, or will expire within 30 days, and who
99 has filed, or on whose behalf has been filed, a request for an extension with the United
100 States Department of Homeland Security, or similar such federal issuing agency, for time
101 to remain lawfully within the United States shall be issued a temporary driving permit or
102 identification card valid for 120 days from the date of the expiration of his or her valid
103 driver’s license or identification card. The noncitizen applicant shall be required to present
104 evidence of the application for extension by submitting a copy or copies of documentation
105 designated by the department. A temporary driving permit or identification card shall be
106 issued upon submission of the required documentation and an application fee in an amount
107 to be determined by the department. Upon the expiration of the temporary driving permit
108 or identification card, no further consecutive temporary permits or identification cards shall
109 be authorized; provided, however, that application may be made following the expiration
110 of an additional valid Georgia driver’s license or identification card.
111 (d)(1) On or after July 1, 2015, prior to the issuance of a temporary license, permit, or
112 special identification card under subsection (a) of this Code section, the department shall
113 obtain a fingerprint or other biological characteristic of the applicant. On or after July 1,
114 2015, prior to the issuance of a temporary driving permit or identification card under
115 subsection (c) of this Code section, the department shall obtain a fingerprint or other
116 biological characteristic of the applicant if such fingerprint or other biological
117 characteristic was not obtained from such applicant upon the issuance of a temporary
118 license, permit, or special identification card under subsection (a) of this Code section.
119 (2) The fingerprint provided for under paragraph (1) of this subsection shall be of the
120 applicant’s index finger on his or her right hand; provided, however, that if such
121 applicant’s index finger on his or her right hand is missing or not suitable for
122 fingerprinting, then such fingerprint shall be of the applicant’s index finger on his or her
123 left hand. The commissioner shall promulgate rules and regulations for obtaining a
124 biological characteristic, including without limitation deoxyribonucleic acid (DNA) or
125 retinal scan identification characteristics, of such applicants who have no fingers for
127 (3) In addition to the requirements provided for under Code Section 40-5-28, a
128 temporary license, permit, or special identification card issued pursuant to this Code
129 section on or after January 1, 2016, shall bear thereon the fingerprint as obtained from the
130 applicant under this subsection with a notation as to which finger the fingerprint
131 represents; provided, however, that if a biological characteristic other than a fingerprint
132 has been obtained from the applicant, then the type of biological characteristic that has
133 been obtained from the applicant shall be noted on such license, permit, or card.4
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134 SECTION 4.
135 Said chapter is further amended by revising subsection (b) of Code Section 40-5-21.2,
136 relating to compliance with the Systematic Alien Verification for Entitlements Program,
137 application, and implementation, as follows:
138 4(b) The department shall utilize the following procedures in this subsection before issuing
139 an identification card, license, permit, or other official document to an applicant who is a
141 (1) The department shall attempt to confirm through the SAVE program that the
142 applicant is lawfully present in the United States possesses a lawful alien status; and
143 (2) If the SAVE program does not provide sufficient information to the department to
144 make a determination, the department shall be authorized to accept verbal or, e-mail, or
145 other means of confirmation of the legal alien status of the applicant from the Department
146 of Homeland Security and shall require such applicant to execute a signed and sworn
147 affidavit verifying that he or she possesses a lawful alien status and is not a current
148 recipient of a grant of deferred action from the United States Department of Homeland
149 Security. Any person who knowingly and willfully makes a false, fictitious, or fraudulent
150 statement of representation in an affidavit executed pursuant to this Code section shall
151 be guilty of a violation of Code Section 16-10-20.4
152 SECTION 5.
153 Said chapter is further amended by revising subsection (a) of Code Section 40-5-28, relating
154 to the issuance of licenses and contents, as follows:
155 4(a) Except as provided in subsection (c) of this Code section, the department shall, upon
156 payment of the required fee, issue to every applicant qualifying therefor a driver’s license
157 indicating the type or general class of vehicles the licensee may drive, which license shall
158 be upon a form prescribed by the department and which shall bear thereon a distinguishing
159 number assigned to the licensee, a color photograph of the licensee, the licensee’s full legal
160 name, either a facsimile of the signature of the licensee or a space upon which the licensee
161 shall write his or her usual signature with a pen and ink immediately upon receipt of the
162 license, and such other information or identification as is required by the department. No
163 license shall be valid until it has been so signed by the licensee. Except as provided for
164 under Code Section 40-5-21.1, the The department shall not require applicants to submit
165 or otherwise obtain from applicants any fingerprints or any other biological characteristic
166 or information which uniquely identifies an individual, including without limitation
167 deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not
168 including a photograph, by any means upon application.4
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169 SECTION 6.
170 Said chapter is further amended by revising subsection (a) of Code Section 40-5-121, relating
171 to driving while license is suspended or revoked, as follows:
172 4(a) Except when a license has been revoked under Code Section 40-5-58 as a habitual
173 violator, any person who drives a motor vehicle on any public highway of this state without
174 being licensed as required by subsection (a) of Code Section 40-5-20 or at a time when his
175 or her privilege to so drive is suspended, disqualified, or revoked shall be guilty of a
176 misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of
177 nolo contendere within five years, as measured from the dates of previous arrests for which
178 convictions were obtained to the date of the current arrest for which a conviction is
179 obtained or a plea of nolo contendere is accepted, shall be fingerprinted and shall be
180 punished by imprisonment for not less than two days nor more than 12 months, and there
181 may be imposed in addition thereto a fine of not less than $500.00 $1,000.00 nor more than
182 $1,000.00 $2,500.00. Such fingerprints, taken upon conviction, shall be forwarded to the
183 Georgia Crime Information Center where an identification number shall be assigned to the
184 individual for the purpose of tracking any future violations by the same offender. For the
185 second and third conviction within five years, as measured from the dates of previous
186 arrests for which convictions were obtained or pleas of nolo contendere were accepted to
187 the date of the current arrest for which a conviction is obtained or a plea of nolo contendere
188 is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall
189 be punished by imprisonment for not less than ten days nor more than 12 months, and there
190 may be imposed in addition thereto a fine of not less than $1,000.00 $2,500.00 nor more
191 than $2,500.00 $5,000.00. For the third and fourth convictions or a subsequent conviction
192 within five years, as measured from the dates of previous arrests for which convictions
193 were obtained or pleas of nolo contendere were accepted to the date of the current arrest
194 for which a conviction is obtained or a plea of nolo contendere is accepted, such person
195 shall be guilty of a felony and shall be punished by imprisonment for not less than one year
196 and one week nor more than five years, and there may be imposed in addition thereto a fine
197 of not less than $2,500.00 $5,000.00 nor more than $5,000.00 $10,000.00.4
198 SECTION 7.
199 Said chapter is further amended by adding a new Code section to read as follows:
201 (a) When a person is driving a motor vehicle without being licensed as required by
202 subsection (a) of Code Section 40-5-20, the arresting peace officer may, except in an
203 emergency, cause the motor vehicle being operated by such person to be removed and
204 impounded pursuant to subsection (b.1) of Code Section 40-11-3. All provisions of
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205 Chapter 11 of this title which are applicable to vehicles removed by law enforcement
206 officers, including but not limited to lien procedures, shall apply to the release or disposal
207 of such impounded vehicle; provided, however, that such vehicle shall not be released until
208 the expiration of 60 days after such vehicle has been removed and impounded; and
209 provided, further, that when such vehicle is released, such vehicle shall be released to the
210 owner or the owner’s spouse, child, or parent upon proof of relationship to the owner so
211 long as such person displays an unexpired driver’s license and complies with the applicable
212 provisions of Chapter 11 of this title.
213 (b)(1) The owner of a motor vehicle which has been removed and impounded pursuant
214 to subsection (a) of this Code section shall have the right to request a hearing in the
215 superior court of the county in which such motor vehicle has been removed and
216 impounded within ten days of receiving notice of the removal and impoundment of such
217 vehicle as provided for in this subsection. Within five days of such request, the superior
218 court shall conduct a hearing to determine the validity of, or to consider any mitigating
219 circumstances attendant to, the removal and impoundment of such vehicle. The superior
220 court may order the release of such vehicle prior to the expiration of the time provided
221 for in subsection (a) of this Code section; provided, however, that such owner shall
222 remain liable for all storage fees associated with the removal and impoundment of such
224 (2)(A) When the arresting peace officer causes a motor vehicle to be removed and
225 impounded pursuant to subsection (a) of this Code section, the law enforcement agency
226 of the arresting peace officer shall, within 72 hours from the time of removal and
227 impoundment, provide the vehicle’s owner with notice, by personal service, certified
228 or registered mail, or statutory overnight delivery, of such removal and impoundment.
229 (B) The notice provided for in subparagraph (A) of this paragraph shall include:
230 (i) The name, address, and telephone number of the law enforcement agency
231 providing the notice;
232 (ii) The name and location of the place of storage of such vehicle;
233 (iii) The description of such vehicle, which shall include, if determinative, such
234 vehicle’s license plate number and vehicle identification number;
235 (iv) The authority and purpose for the removal and impoundment of such vehicle,
236 including a statement that, pursuant to this Code section, such vehicle shall not be
237 released until the expiration of 60 days after such vehicle has been removed and
238 impounded; and
239 (v) A statement that such owner has the right to receive a hearing in the superior
240 court of the county in which such motor vehicle has been removed and impounded to
241 contest the validity of such removal and impoundment or to offer mitigating
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256 SYSTEM INCOMPATIBLE HERE
circumstances for the release of such motor vehicle prior to the expiration of the time for the hold of such motor vehicle if such owner requests a hearing in such superior court within ten days of such notice.
(C) The failure of such owner to request a hearing or to attend a scheduled hearing
shall satisfy the requirements of this subsection.
(3) If a law enforcement agency fails to provide notice as required by this subsection within 72 hours from the time of removal and impoundment, the motor vehicle shall be available for immediate release to the owner of such motor vehicle and such law enforcement agency shall be liable for all storage fees associated with the removal and impoundment of such vehicle.
(4) This subsection shall not apply when the name and address of the last known registered owner of the motor vehicle is unable to be obtained pursuant to the procedures provided for in Code Section 40-11-3.
(c) This Code section shall not apply to:
(1) A person driving with an expired license; provided, however, that such person possesses a lawful alien status pursuant to Chapter 5 of this title;
(2) A first offense committed by an unlicensed driver who is 15 years of age or younger; provided, however, that such unlicensed driver possesses a lawful alien status pursuant to Chapter 5 of this title; or
(3) A person exempted under Code Section 40-5-21.4
Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by revising subparagraph (C) of paragraph (1) of Code Section 40-11-1, relating to definitions, as follows:
4(C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days, or left there for a period of not less than 90 days if the conditions of Code Section 40-5-126 are applicable, without anyone having paid all reasonable current charges for such towing and storage;4
Said chapter is further amended by revising subsection (d) of Code Section 40-11-2, relating to duty of person removing or storing motor vehicle, as follows:
4(d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to
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277 cover damages to the vehicle, the person removing or storing such motor vehicle shall,
278 within seven calendar days of the day such motor vehicle was removed or one business day
279 after the information is furnished to the remover or storer pursuant to subsection (a) or (b)
280 of this Code section, whichever is later, notify all owners, if known, by written
281 acknowledgment signed thereby or by certified or registered mail or statutory overnight
282 delivery, of the location of such motor vehicle, the fees connected with removal and
283 storage of such motor vehicle, and the fact that such motor vehicle will be deemed
284 abandoned under this chapter unless the owner, security interest holder, or lienholder
285 redeems such motor vehicle within 30 days of the day such vehicle was removed or, if the
286 conditions of Code Section 40-5-126 are applicable, within 90 days of the day such motor
287 vehicle was removed and impounded.4
288 SECTION 10.
289 Said chapter is further amended by adding a new subsection to Code Section 40-11-3,
290 relating to when peace officers may remove vehicles from public property and notification
291 requirements, to read as follows:
292 4(b.1) Except as provided for by Code Section 40-5-126, any peace officer who finds a
293 person driving a motor vehicle without being licensed as required by subsection (a) of
294 Code Section 40-5-20 shall be authorized to cause such motor vehicle to be removed
295 immediately to a garage or other place of safety.4
296 SECTION 11.
297 Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department
298 of Driver Services, is amended by adding a new Code section to read as follows:
300 On or after July 1, 2015, the department shall participate in the Records and Information
301 from DMVs for E-Verify initiative of the United States Department of Homeland Security.
302 The commissioner shall promulgate rules and regulations for the department’s participation
303 in such initiative.4
304 SECTION 12.
305 All laws and parts of laws in conflict with this Act are repealed.
LC 41 0288
November 12, 2014
The below letter was published in the Atlanta Journal Constitution today in response to a “Atlanta Forward” guest column of about 600 words from the ACLU and Co.http://panafricannews.blogspot.com/2011/07/thousands-rally-in-atlanta-against.html Link to that column HERE. http://atlantaforward.blog.ajc.com/2014/11/06/should-police-detain-immigrants/
Immigration laws protect law-abiding
While we are only middle-class Americans seeking justice in our own country, we hope to add our voice in opposition to the well-funded illegal alien lobby’s war on immigration enforcement. In their column “Detention requests warrantless” (Atlanta Forward, Nov. 6), Azadeh Shahshahani and Adelina Nicholls describe implementation of the federal Secure Communities program as having “troubling patterns … that involved racial discrimination, and indiscriminate targeting of immigrants.”
While not as strict as immigration enforcement in Mexico, the Secure Communities program works toward locating illegal aliens who have landed in the nation’s jails because of arrests for additional crimes. All foreign inmates’ fingerprints are shared with DHS. The perpetual race-baiting from the anti-enforcement left is not fooling anyone. Identifying illegals because of their local arrests is designed to have them deported before they commit even more crimes, like murder or rape.
Killed by an illegal alien in 2000, our only child, Dustin Inman, is forever 16 because his killer was released after previous contact with local law enforcement. We fully understand the concept of “family separation.” Shahshahani’s and Nichols’ shameless mission to end common-sense enforcement is spitting on the grave of our beloved son Dustin and in the faces of the hundreds of thousands of American families who have lost loved ones to illegal immigration.
BILLY AND KATHY INMAN, WOODSTOCK
November 10, 2014
Another speaker who doesn’t sugarcoat GOP immigration policy
Dr. Stephen Steinlight from the Center for Immigration Studies will be speaking at the Conservative Republican Women of North Atlanta meeting
November 17, 2014
at 7:00 PM
5175 South Old Peachtree Road
Norcross, GA 30092
URGENT QUESTIONS FOR REPUBLICANS
When it comes to immigration policy, why does GOP leadership appear determined to validate the old adage that the “the Republican Party is the stupid Party?”
The GOP House leadership’s deliberately equivocal “Standards for Immigration Reform” advocates amnesty for 11 million illegal aliens, and supports a massive increase in low-skill immigration. The “Standards” risk civil war within the GOP which could snatch defeat from the jaws of victory in the 2014 elections. What’s going on?
The “Standards” opens with a tired cliché: “Our nation’s immigration system is broken.” Is the real problem our “broken immigration system” or the refusal to enforce immigration law because of partisan politics and corporate greed?
Relative to immigration legislation is there any real difference between the goals of the House leadership and the Senate “Gang of Eight?
Solid data from the Census Bureau, the Pew Hispanic Center and political scientists tell us the GOP will never win the Hispanic vote. Why won’t GOP leadership face facts?
If amnesty passes along with a huge increase in legal immigration by low-skill workers with lop-sided ideological sympathy for the Democratic Party, America will become a One-Party State. We’ll lose our political liberty and the nations’ politics will lurch far to the left. Is GOP leadership deaf to the approaching thunder?
GOP leadership wants an amnesty and a massive increase in immigration by low-skill labor when 20 million Americans cannot find full-time work. The “Standards” speaks eloquently about the “needs of employers” but is silent about those of ordinary Americans. Don’t Republicans have a message for working Americans?
Romney didn’t lose because of the Hispanic vote. He lost because six million White American Christians, natural GOP voters, stayed home. Should Republicans continue to alienate White working-class Americans?
Republicans pride themselves on being the Party of fiscal responsibility. But amnesty and increased low-skill immigration means the massive importation of poverty and the corresponding growth of the welfare state will cost trillions. Why the inconsistency? Why doesn’t GOP leadership foreground the powerful nexus between immigration and economic policy and employment?
GOP Congressional leaders advocate an unrealistic compromise: granting legal status but not citizenship to illegal aliens. This would create a vast under-class of wage slaves without political rights. This is un-American and within a few years a movement to grant citizenship, driven by the Democrats, would triumph. Is this a devious amnesty scheme or are GOP leaders incapable of recognizing how unethical and impractical it is?
The “Standards” calls on the government to create a “workable electronic employment verification system” to end workplace fraud, yet an excellent one already exists: E-Verify. Why doesn’t the “Standards” mandate its immediate adoption?
If an amnesty/legalization for illegal aliens is passed along with a massive increase in legal low-skill immigration, how will that affect President Obama’s legacy and what impact will it have on the 2016 Presidential election?
How could a Republican call for lower levels of immigration become part of a new populist GOP conservative message that could win not only Congress but also the White House?
Finally, what would a sound and smart immigration policy look like?
WHY ALL AMERICANS SHOULD BE CONCERNED
Why mass immigration by low-skill, poorly-educated workers – legal or illegal – is fundamentally incompatible with the needs of a post-industrial knowledge-based society with a huge welfare system
The connection between high U.S. unemployment and mass immigration
How mass immigration and the cheap labor threatens the wages, working conditions and benefits for all American workers
The brutal consequences of mass low-skill immigration on the unemployed, the working poor, young college graduates and American workers with only a high school education
How the presence of a huge transnational population of impoverished low-skill immigrants threatens to form a permanent underclass
Why contemporary mass low-skill immigration will destroy America’
November 2, 2014
Lax Immigration Policies May Have Shielded Killer of California Deputies
The man accused in Friday’s horrific killing and carjacking spree near Sacramento, Calif., which resulted in the deaths of two sheriff’s deputies and the wounding of two others, is a citizen of Mexico who was deported twice previously, but who apparently has been living in the United States for more than a decade.
Thanks to fingerprint sharing made possible by ICE’s Secure Communities program (which DHS Secretary Jeh Johnson has indicated he wants to scale back), authorities were able to quickly determine that the man arrested had given them an alias. ICE has issued a statement saying that the accused is Luis Enrique Monroy-Bracamonte, and that he was deported in 1997 after a conviction in Arizona for possession of narcotics for sale, and again in 2001.
Unfortunately, the Secure Communities identification system seems to be the only part of our immigration system that has worked properly against this violent criminal… Read the rest HERE http://cis.org/vaughan/lax-immigration-policies-may-have-shielded-killer-california-deputies
Luis Enrique Monroy-Bracamonte
According to news accounts, after he illegally re-entered the country after deportation, Monroy-Bracamonte lived and worked for years in Arizona, where he married Janelle Marquez Monroy-Bracamonte, reported to be a U.S. citizen. At some point they moved to the Salt Lake City, Utah, area, which is notably more hospitable to illegal residents. While working as a house painter and lawn mower there, Monroy-Bracamonte apparently racked up more than 10 misdemeanor traffic offenses and citations between 2003 and 2009 under an alias. In addition, he reportedly had a record of one traffic ticket and three small claims court filings for debt in his real name, also in Utah.
Had these offenses occurred in Arizona or other places where local law enforcement agencies are encouraged (and required in Arizona since 2012) to look into the identity and immigration status of lawbreakers, Monroy-Bracamonte might have come to the attention of local police and ICE a long time ago. But Salt Lake City Police Chief Chris Burbank has said such policies are “ridiculous” and “you actually increase crime when you enforce these kinds of laws.” Who looks ridiculous now? Chief Burbank also has been active with a (very small) group of police chiefs lobbying against immigration enforcement and for amnesty.
Monroy-Bracamonte appears not to be your average illegal worker off on a weekend road trip with his wife. They were quite well armed for their trip to Sacramento, packing an AR-15 assault rifle and at least two pistols. Monroy-Bracamonte killed Sacramento County deputy Danny Oliver by shooting him in the forehead as he approached their car, which was parked in the lot of a Motel 6 that is notorious for criminal activity, and where they were registered as guests. They led officers on a six-hour chase, during which Monroy-Bracamonte killed detective Michael David Davis, Jr., and wounded two others before officers used tear gas to smoke him out of hiding in a house in Auburn, Calif.
Photographs reported to be of Monroy-Bracamonte suggest that he is a member of the criminal gang known as Mexican Pride and associated with the Sinaloa drug cartel.
List of 134 Cities Where Violent, Criminal Illegal Aliens Were Sent After Release by Obama DHS
According to the Immigration and Customs Enforcement arm of DHS, 36,007 criminal illegal aliens were released into the United States in 2013. Responding to a request by Sen. Chuck Grassley, ICE recently provided a list of raw ZIP codes — not cities and states — where criminal illegals, many convicted of violent offenses including murder, rape and kidnapping, have been dumped by the administration.
I wrote a small script to convert the ZIPs into cities and states, the results of which are below. Please make sure that your families, friends, colleagues and other acquaintances are aware of these locations. Better safe than sorry. HERE http://directorblue.blogspot.com/2014/11/exclusive-list-of-134-cities-where.html?utm_medium=twitter&utm_source=twitterfeed&m=1
October 20, 2014
Note: Below I post my most recent MDJ column - as well as the original subject article and a response in the form of a letter to the editor from U.S. Congressman Phil Gingrey
Marietta Daily Journal
October 14, 2014
Deal silence on immigration costs him vote
Count this faithful reader as extremely grateful to the editorial board of this newspaper for asking gubernatorial candidate Nathan Deal about his silence on the crime of illegal immigration, as reported Sunday.
From someone who has long watched the inside politics of the issue, please accept my word that “What about illegal immigration?” isn’t a question the majority-liberal Georgia media will ask a Republican who has chosen silence. Rather, there’s a “let sleeping dogs lie” sort of attitude.
In a state with more illegal aliens than Arizona, Deal’s response to the badly needed MDJ question brings up some inconvenient facts that this forever-independent voter’s Republican friends don’t want to hear. Including that the Chamber of Commerce-financed, leftward lurch of former Democrat Nathan Deal on the crime of illegal immigration has apparently towed the state Republican Party along behind it.
For those who measure crime in monetary concepts, the last estimate heard from Deal was that illegal immigration was costing Georgia taxpayers upwards of $2 billion annually.
Georgia, where English is optional, is a destination for people — from all over the world — who are right now escaping capture while illegally crossing our border without any inspection. Probably most of them don’t have a dangerous disease. Most of them are likely not terrorists.
Georgia officially ranks number seven in the nation in its population of victims of borders.
The Republican governor’s response when asked last week why he has remained mostly mum on illegal immigration was that we should remember his voting record in Congress. But that now the immigration topic is too “polarizing.” And that “there are those in our population who consider these issues divisive. They consider us even talking about it as being anti-Hispanic.” Not exactly a profile in courage vignette, but apparent evidence that 5,000 screaming wanna-be Democrat illegal aliens repeatedly marching on the state Capitol has affected Republican-controlled Georgia politics.
Those with a four-year memory span may remember that when Deal had to run against conservative, pro-enforcement Republicans in the 2010 primary he boasted continuously — and quite voluntarily — of his strong immigration enforcement intentions.
Apparently Georgia’s Republican voting base could not be trusted to accept an “it’s too polarizing” attitude on illegal immigration way back then.
In the MDJ interview, Deal jumped on the issue of in-state tuition for the illegals now attending public-funded schools in the University System of Georgia. Left unsaid was the fact that he had made a campaign promise in 2010 to use the power of the governor’s office to keep all illegals out of all USG schools, in-state tuition or not.
But there is something bigger being avoided here. Deal made a point of telling the MDJ “the law is clear…”
“If you’re not lawfully in this country, then you’re not generally entitled to the benefits this country offers,” he said.
The reality is that illegal aliens who have been illegally granted protection from deportation by Barack Obama have been issued Georgia driver’s licenses and other public benefits in Georgia since 2012. And that Deal refused to help with 2014 legislation that would have ended that practice and prevented the estimated 5 million to 6 million additional illegal aliens to whom Obama has said he will soon expand the illegal de facto unilateral amnesty from the same access.
Imagine any candidate for governor four years ago tacitly affirming the concept that illegal aliens should have a driver’s license in Georgia.
More? Georgia voters will note several questions when they cast their ballot. Not among them is one that would have asked, “Shall the state Constitution be amended to make English the official language of Georgia government?”
That question is not on the ballot because in March, in the GOP-controlled state Capitol, the Georgia business lobby killed the legislation that would have allowed us to vote on it. Republican Gov. Nathan Deal remained silent.
Note to my GOP friends: I didn’t vote for your candidate for governor.
D.A. King of Marietta heads The Dustin Inman Society
The Marietta Daily Journal
October 12, 2014
Gov. Deal rocks into Marietta, shares thoughts on Ebola, immigration and Common Core
“Deal listed two reasons why he has not spoken as frequently as some would like about illegal immigration. One is his 17-year voting record in Congress, which he said speaks for itself. Another is that the topic is polarizing.
“There are those in our population for whom these issues they consider it divisive. They consider us even talking about it as being anti-Hispanic,” Deal said. “So, therefore, I’m not one of those that’s going to go jump up on a stump because there’s more division in our state society. I don’t think that does anybody any good. I think what we do is we do what we can do to stand by the rule of law and enforce it even when it’s uncomfortable, and that’s what we’re having to do with the out-of-state tuition issue.”
The law is clear on the subject of immigrants in the country illegally, Deal said.
“If you’re not lawfully in this country, then you’re not generally entitled to the benefits this country offers,” he said. “Now there are a couple of excepted areas there. One is K-12 education. The federal statute, several years ago when I was in Congress, that was excluded. A state could not reject that. Another area is in health care. Because we have birthright citizenship in our country, illegal women who are pregnant are immediately entitled to the benefits of our WIC program, of our Medicaid program, and the basis for that is that they are carrying a potential American citizen. Now, I don’t necessarily have a problem with that because if that is going to be an American citizen, I would rather them have the medical attention prenatal so that we don’t have birth defects or other problems that we have to pay for because they are a citizen.”
Yet Deal said he opposes granting in-state tuition to someone who has illegally entered the country.
“Why would you do that? Because even though they are paying out-of-state tuition, that doesn’t cover the whole cost of higher education,” he said. “There’s still taxpayer money going through the Board of Regents to support colleges and it supports those who are coming in from out of state. Out-of-state tuition is supposed to make up a little of the differential, but it doesn’t make up it all.”
Deal said he’s always been a supporter of the 287(g) program, which allows state and local law enforcement agencies to partner with the U.S. Immigration and Customs Enforcement.
“I felt like the most logical and reasonable way that the immigration service could have the assistance of local law enforcement is by training them to immigration standards and allowing them to be an enforcement arm at the local level,” Deal said. “Otherwise, they’re out there confronted with these issues that they have no power to do much of anything. I know this administration does not like 287(g) and they have cut it back significantly. I thought it was one of the more effective programs that we had in that regard.”
Complete report HERE
The Marietta Daily Journal October 16, 2014
Letters to the editor
King wrong: Deal ‘rock-solid’ on illegals
In rebuttal to D.A. King’s guest column in Wednesday’s MDJ, Gov. Nathan Deal has been rock-solid on enforcing immigration laws. Not only has he been strong on enforcement and border security, but the governor worked tirelessly during his 17 years in Congress to enact legislation to further combat the problem.
Reference then-Rep. Deal’s bill to end the policy of “Birthright Citizenship” whereby the Federal government grants babies born in this country of illegal immigrants automatic U.S. citizenship. King would find it instructive to go to the CSPAN video archives and listen carefully to Deal giving impassioned and cogent speeches on the House Floor regarding this and other illegal immigration issues.
I have no doubt that King, a good columnist with whom I often agree, would then regret not voting to re-elect Nathan Deal, a public official who has a servant’s heart for 10 million Georgians, no matter their country of origin. Those who came legally to our great state of Georgia are aware of this, and they will vote to re-elect the governor on Nov. 4, realizing his wisdom will make their lives better.
Now don’t you wish you had a re-do on that vote, Mr. King?
U.S. Rep. Phil Gingrey
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