06 LC 34
0616S
The
House Committee on Banks and Banking offers the following substitute
to
HB
1238:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia
Annotated, relating to records and reports of currency transactions, so as to
provide for an illegal immigrant fee with respect to money received for wire
transmission; to provide for a short title; to provide for procedures,
conditions, and limitations; to provide for exceptions; to provide for
legislative intent; to prohibit certain conduct to avoid or evade such fee; to
provide for criminal penalties; to provide for powers, duties, and authority of
the commissioner of banking and finance with respect to the foregoing; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating
to records and reports of currency transactions, is amended by adding a new
Code section immediately following Code Section 7-1-912, to be designated Code
Section 7-1-912.1, to read as follows:
"7-1-912.1.
(a)
This Code section shall be known and may be cited as the 'Illegal Immigrant Fee
Act.'
(b)
Any authorized agent of a licensee or any money transmission business which is
subject to licensure under Article 4 of this chapter and which receives money
for wire transmission shall collect from the customer a fee in the amount of 5
percent of the amount of money being transmitted. Such fee shall not apply to
any such transaction upon the customer providing adequate proof of United States
citizenship or adequate proof that the customer is legally present in the United
States. Such proof shall consist only of a valid identification document that
is included on the list of acceptable documents of Employment Eligibility
Verification Form I-9 of the federal Department of Homeland Security as proof of
lawful presence in the United States. Any identification document issued by a
foreign government or a
driveŕs
license or identification card issued by any state which, on or after July 1,
2006, authorized such
driveŕs
license or identification card to be issued to persons not lawfully present in
the United States shall not be accepted as evidence of lawful presence in the
United States.
(c)
The money transmission business shall give the customer a receipt setting
forth:
(1)
The date of receipt of the money;
(2)
The amount of the fee, if applicable; and
(3)
The amount of the money in dollars and cents.
(d)
Subject to the general appropriations process, it is the intent of the General
Assembly that an amount equal to the amount of funds derived from the fees
collected under this Code section shall be utilized for indigent care
programs.
(e)
It shall be unlawful for any person to knowingly and willfully transmit money on
behalf of any person in order to avoid or evade the fee required under this Code
section. Any person who violates this subsection shall, upon conviction thereof
for a first offense, be guilty of a misdemeanor; for a second or subsequent
offense, such person shall, upon conviction thereof, be guilty of a misdemeanor
of a high and aggravated nature.
(f)
The commissioner shall provide by rule or regulation for the implementation of
this Code section including, but not limited to, any appropriate administrative
actions or fines for knowing and willful violations of this Code
section."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.