Georgia HB296 - Is it LEGAL? It will be costly! 2011-Legislative Session

Georgia lawmakers rolled out another ill conceived bill - HB296 - would require hospitals, schools, nursing homes and "the community health department" to maintain records on all undocumented children and adults.

Here's a piece from the Atlanta Journal Constitution  and another from Macon. 

While it's short, few would call it sweet.  Some would call it a "hit list," particularly in that schools maintain address records on students in their district.  Naturally, hospitals also collect home address records upon admission. 

Assuming tracking records will be required and NOT specifically prohibited from inspection by subpoena, that would require an undocumented person to divulge their status, which would seem to violate their 5th Amendment Rights. Yes, non-citizens have rights in the United States of America.

It seems some lawmakers and many citizens have forgotten the Bill of Rights of both the US and the State of Georgia:

The Georgia Constitution  The Bill of Rights: 

Paragraph I. Life, liberty, and property. No person shall be deprived of life, liberty,  or property except by due process of law.

Paragraph II. Protection to person and property; equal protection . Protection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws.

.....

Later in refers to "citizens" so one would believe these RIGHTS apply to ALL, not just "citizens."

Interesting that so many negative bills have been presented near the 90th birthday of Georgia's first Constitution.

• Are Georgia lawmakers intentionally ignoring the Constitution?  

• Are some "designing" legislation in order to generate lawsuits and subsequent revenue for firms who will later defend these laws? It's obvious they will be challenged.

• Are they modifying boiler plate legislation drafted those in the anti-immigrant movement?  (Copy-cat legislation.)  

• Or....  

No matter the reasoning, is going to be another costly piece of legislation if passed.  Yet, another bill that will burden school systems, health departments and hospitals for starters.

Intel Building $5B Plant in Arizona

UPDATE March 16, 2010

Since the original blog was posted, the following has happened: 

http://www.azcentral.com/arizonarepublic/opinions/articles/2011/03/16/20110316wed1-16-new.html

http://www.phoenixchamber.com/news/ceos-immigration-letter


Original Post Follows:

It's good to see technical manufacturing facilities and jobs being generated in the United States.

Yet, I have to question the location of this plant. Could it be that Intel is building this $5 Billion manufacturing facility in Chandler Arizona because of Arizona's anti-immigration legislation?  Arizona has been at the forefront of anti-immigrant legislation, though components have been struck by judges.  Is Arizona's anti-immigrant stance generating business for Intel?

Multiple states are "following the leader" as anti-immigrant hysteria sweeps the nation, creating an epidemic of contempt for other human beings.  Often times the disdain is focused at those   believed to be "illegal" based on their physical appearance, skin tone and/or language usage  Belief and suspicion are very different, yet in practical application by average Americans there seems to be little difference.  Belief fuels perception and persecution follows. Quickly "brown skin" and "looking Hispanic" become hot buttons fueling public outcry.    

Hate rears it's ugly head and too often becomes action against the innocent victim. 

Enforcement & Equipment

As states expand anti-immigration legislation we can expect increased use of handheld fingerprint scanners by police to check the identity and immigration status of those detained in field interviews.  Motorola is one of the leading suppliers of police radio equipment and biometric scanners capable of capturing and comparing fingerprint images and photos in the field - with multiple databases. 

No doubt there will be expanded use of hand held fingerprint scanners by police through out the country.   Biometric field fingerprint scanners with cameras are valuable tools for police.1

So far efforts to REQUIRE citizens submit to fingerprinting have been blocked.  But, will there come a time when all citizens are required to provide fingerprints for a national ID system?  Will it start with getting a driver's license?
     

Obviously computer chips are used in biometric field fingerprint equipment.  What manufacturer supplies the chips?  Is Intel the supplier?

Has Intel provided funds or council to any anti-immigration groups or individuals?  What about Motorola and/or other manufactures of police biometric type equipment.  And the companies that provide the programs and operate systems for the equipment?

My concern comes from watching politicians with an obvious agenda.  Today it's said to be against "illegal aliens" yet in practice it's targeted at those with brown skin.  Tomorrow, a different extremist group may lead and target those with "red hair" or "green eyes" or or or...

Arizona article about Intel
http://www.eastvalleytribune.com/local/chandler/article_625f5bde-3ba0-11e0-ada5-001cc4c03286.html


 1. Safeguards to protect the public are an issue we will leave to another post.

Georgia House Bill 72 (HB72)

English only Driver Testing

The Georgia House of Representatives discussed House Bill 72, the "English-only" driver license bill today.  Georgia has for many years, administered the written portion of the driver’s test in 13 languages in addition to English.  This bill would eliminate all but the English tests.  Those who can NOT read and write would continue be given the test ORALLY in English testing

This same issue was presented last year but was not passed.  

HB72 - The Supporters View:  

Change is needed for SAFETY;  driver’s must be able to read electronic signs, such as those on the metro area interstates warning of accidents or other hazards ahead.  

Literate residents who can’t read and write English would get a one-time five year provisional license giving them time to learn English. 

Illiterate residents don't significantly contribute to traffic problems in Gwinnett County; it's immigrants who do.

Commercial drivers and airline pilots are required to have a command of English. 

One traffic accident cited as an example, occurred in 2000 when, a Mexican man, driving on a South Carolina driver’s license, allegedly caused a fatal accident while speeding.  Dustin Inman, a 16 year old was killed.  

Those Opposed say:  

If the need to read English is a safety issue, why continue to issue driver's licenses to the illiterate?

Why are residents OK to drive for five years, but suddenly unsafe AFTER five years.

Speeding would be more likely to factor into the cause of the accident than the origin of the driver or his language abilities.  

My Take:   

• People drive all over the world.   
• Visitors from many foreign lands can drive in Georgia on their “home” license WITHOUT obtaining a Georgia license.  Why are Georgia RESIDENTS less safe?  Presumably residents are more likely to KNOW the streets than foreign drivers.
• Driver’s license testing is to insure that the operator can safely operate a vehicle, recognize road signs and see adequately to drive.  NOT to test their language skills.  
• Commercial drivers - drive for a living.  They may be transporting materials, sometimes hazardous, that require the ability to convey that information to authorities should an incident occur.  That situation is unlikely to occur with the average driver.  Pilots and others who  transport humans understandably have a need to speak English.  
• Even some street names and signs signs utilize foreign names. 
• The cost of living is such in Gwinnett County that one would expect FEW illiterate people could afford to live there, so naturally there would be fewer involved in traffic incidents.  There are also programs to teach the illiterate basic skills.  
• Targeting those not fluent in English, as the cause of accidents, is like targeting ALL driver's with green eyes because someone with green eyes had an accident. 
• Georgia is home to the worlds busiest airport  Hartsfield-Jackson International Airport, Atlanta, Georgia.  Atlanta is an international city that wants to attract foreign business, trade and investors.     

Why are we wasting taxpayer dollars rehashing an out dated concept?  Supporters of HB72 can hardly be considered conservative with taxpayer resources or dollars.  One must  wonder how much time and money was spent drafting this legislation.   Hundreds of lawmakers and average citizens have spent countless hours pouring over this issue.  

This is NOT the way to create jobs for Georgia.

If SAFETY were the issue, Georgia would erect directional signs, cross street ahead indicator signs and warning signs in far more places and far more consistently.  

     In 2007, a multi-fatal charter bus accident occurred in Atlanta Georgia while transporting team members from Bluffton University in Bluffton Ohio to a game.  Inadequate and confusing signage was cited as a causal factor in the one vehicle accident.  http://en.wikipedia.org/wiki/Bluffton_University_bus_accident  

     While signage was modified at the site of this accident, it remains lacking in other locations throughout the state.  Including at ingress and egress points in and surrounding Hartsfield-Jackson airport. 

Could it be that those who support the “English Only testing” position would prefer to return to the era of early 1940s Georgia?  Before World War II, before Civil Rights?      

The bill was tabled today but will come up again.