06 LC 29
2414S
The House Committee on Judiciary Non-civil offers the following substitute to SB
529:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Titles 7, 13, 16, 42, 43, 48, and 50 of the Official Code of Georgia
Annotated, relating to banking and finance, contracts, crimes and offenses,
penal institutions, professions and businesses, revenue and taxation, and state
government, respectively, so as to provide for the comprehensive regulation of
persons in this state who are not lawfully present in the United States; to
provide for a short title; to provide for statutory construction; 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 for definitions;
to provide for procedures and requirements applicable to certain contracts or
subcontracts; to provide for powers, duties, and authority of the Commissioner
of Labor; to provide that it shall be unlawful to traffic a person for labor or
sexual servitude; to provide for valid identification documents; to provide for
exceptions; to create and establish the "Registration of Immigration Assistance
Act"; to provide a statement of purpose and definitions; to provide for the
regulation of private immigration services; to specify conditions under which
certain compensation paid by a taxpayer shall be disallowed as a business
expense for state income tax purposes; to provide for powers, duties, and
authority of the state revenue commissioner; to provide for a legislative
finding; to provide for exceptions; to provide for certain records; to provide
procedures for determining nationality and immigration status of certain persons
who are booked into a jail; to provide for the development of guidelines
relative to such booking procedures; to provide for requirements, procedures,
and conditions regarding applications for certain benefits; to provide for
exceptions; to provide for the promulgation of regulations; to provide for
criminal and other penalties; to provide for related matters; to provide for
effective dates; to provide for applicability; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
SECTION 1.
This
Act shall be known and may be cited as the "Georgia Security and Immigration
Compliance Act." All requirements of this Act concerning immigration or the
classification of immigration status shall be construed in conformity with
federal immigration law.
SECTION
2.
Title
7 of the Official Code of Georgia Annotated, relating to banking and finance, 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 to a foreign country shall collect from the customer a fee
in the amount of 5 percent of the amount of money being transmitted to such
foreign country. 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)
Each agent or licensee required to collect the fee under this Code section shall
file a monthly return with the commissioner reporting and paying the amount of
fees due and collected. In reporting and paying such fees to the commissioner
an agent or licensee shall be allowed to deduct and retain an amount equal to 20
percent of each fee collected to defray the costs of collection. The
commissioner shall remit the received fees to the general fund of the state.
(d)
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.
(e)
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.
(f)
It shall be unlawful for any person to 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.
(g)
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
3.
Title
13 of the Official Code of Georgia Annotated, relating to contracts, is amended
by adding two new articles at the end of Chapter 10, to be designated Articles 3
and 4, to read as follows:
∀ARTICLE
3
13-10-90.
As
used in this article, the term:
(1)
'Commissioner' means the Commissioner of the Georgia Department of
Labor.
(2)
'Federal work authorization program' means any of the electronic verification of
work authorization programs operated by the United States Department of Homeland
Security or any equivalent federal work authorization program operated by the
United States Department of Homeland Security to verify information of newly
hired employees, pursuant to the Immigration Reform and Control Act of 1986
(IRCA), D.L. 99-603.
(3)
'Public employer' means every department, agency, or instrumentality of the
state or a political subdivision of the state.
(4)
'Subcontractor' includes a subcontractor, contract employee, staffing agency, or
any contractor regardless of its tier.
13-10-91.
(a)
On or after July 1, 2007, every public employer shall register and participate
in the federal work authorization program to verify information of all new
employees.
(b)(1)
No public employer shall enter into a contract for the physical performance of
services within this state unless the contractor registers and participates in
the federal work authorization program to verify information of all new
employees.
(2)
No contractor or subcontractor who enters a contract with a public employer
shall enter into such a contract or subcontract in connection with the physical
performance of services within this state unless the contractor or subcontractor
registers and participates in the federal work authorization program to verify
information of all new employees.
(3)
Paragraphs (1) and (2) of this subsection shall apply as follows:
(A)
On or after July 1, 2007, with respect to public employers, contractors, or
subcontractors of 500 or more employees;
(B)
On or after July 1, 2008, with respect to public employers, contractors, or
subcontractors of 100 or more employees; and
(C)
On or after July 1, 2009, with respect to all public employers, contractors, or
subcontractors.
(c)
This Code section shall be enforced without regard to race, religion, gender,
ethnicity, or national origin.
(d)
The Commissioner shall prescribe forms and promulgate rules and regulations
deemed necessary in order to administer and effectuate this Code section and
publish such rules and regulations on the Georgia Department of
Laboŕs
website.
ARTICLE
4
13-10-110.
As
used in this article, the term:
(1)
'Commissioner' means the Commissioner of the Georgia Department of
Labor.
(2)
'Public employer' means every department, agency, or instrumentality of the
state or a political subdivision of the state.
(3)
'State work authorization program' refers to the Georgia Immigrant Worker
Verification System (GIWVS) to be established by the Commissioner and to be
performed by the Georgia Department of Labor utilizing an electronic
verification of work authorization now or hereafter available to the Georgia
Department of Labor by or through the United States Department of Homeland
Security, the Social Security Administration, or other federal agency to verify
work eligibility information of employees, consistent with the requirements of
the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603. The
Commissioner shall establish the Georgia Immigrant Worker Verification System no
later than July 1, 2006.
(4)
'Subcontractor' includes a subcontractor, contract employee, staffing agency, or
any contractor regardless of its tier.
13-10-111.
(a)
On or after July 1, 2007, every public employer shall be subject to the
requirements of the state work authorization program.
(b)(1)
No public employer shall enter into a contract for the physical performance of
services within this state unless the contractor is in compliance with the state
work authorization program.
(2)
No contractor or subcontractor who enters a contract with a public employer
shall enter into such a contract or subcontract in connection with such contract
for the physical performance of services within this state unless the contractor
and subcontractor is in compliance with the state work authorization
program.
(3)
Paragraphs (1) and (2) of this subsection shall apply as follows:
(A)
On or after July 1, 2007, with respect to public employers, contractors, or
subcontractors of 500 or more employees;
(B)
On or after July 1, 2008, with respect to public employers, contractors, or
subcontractors of 100 or more employees; and
(C)
On or after July 1, 2009, with respect to all public employers, contractors, or
subcontractors.
(c)
This Code section shall be enforced without regard to race, religion, gender,
ethnicity, or national origin.
(d)
Public employers, contractors, and subcontractors shall provide to authorized
representatives of the Commissioner, upon request, such information and
documents regarding each employee, contractor, subcontractor, or other worker as
will permit the Commissioner to verify the eligibility to work in this state of
each individual performing services for such public employer, contractor, or
subcontractor. Such public employers, contractors, and subcontractors shall
keep true and accurate records containing such information as the Commissioner
may prescribe. Such records shall be open to inspection in this state and shall
be subject to being copied by the Commissioner or an authorized representative
of the Commissioner at any time and as often as may be necessary. Such public
employers, contractors, and subcontractors shall file such reports as the
Commissioner may prescribe. The Commissioner or an authorized representative of
the Commissioner may require from any employing unit, as that term is defined in
Code Section 34-8-34 with respect to the administration of the unemployment
insurance program, any sworn or unsworn reports deemed necessary for the
effective administration of this article.
(e)
The Georgia Department of Labor shall perform verifications of work eligibility
and shall notify such public employers, contractors, or subcontractors when work
eligibility cannot be verified.
(f)
In the discharge of the duties imposed by this article, the Commissioner and his
or her duly authorized representatives shall have all the powers referred to in
Code Section 34-8-88 with respect to the administration of the unemployment
insurance program.
(g)
The Georgia Department of Labor shall provide state-wide education and training
sufficient to assist public employers, contractors, and subcontractors in
complying with the requirements of this article.
(h)
The Commissioner shall prescribe forms and promulgate rules and regulations
deemed necessary in order to administer and effectuate this Code section and
publish such rules and regulations on the Georgia Department of
Laboŕs
website.∀
SECTION
4.
Title
16 of the Official Code of Georgia Annotated, relating to crimes and offenses,
is amended by adding a new Code section immediately following Code Section
16-5-45, to be designated Code Section 16-5-46, to read as follows:
∀16-5-46.
(a)
As used in this Code section, the term:
(1)
'Coercion' means:
(A)
Causing or threatening to cause bodily harm to any person, physically
restraining or confining any person, or threatening to physically restrain or
confine any person;
(B)
Exposing or threatening to expose any fact or information that if revealed would
tend to subject a person to criminal or immigration proceedings, hatred,
contempt, or ridicule;
(C)
Destroying, concealing, removing, confiscating, or possessing any actual or
purported passport or other immigration document, or any other actual or
purported government identification document, of any person; or
(D)
Providing a controlled substance, as such term is defined by Code Section
16-13-21, to such person.
(2)
'Deception' means:
(A)
Creating or confirming
anotheŕs
impression of an existing fact or past event which is false and which the
accused knows or believes to be false;
(B)
Maintaining the status or condition of a person arising from a pledge by that
person of his or her personal services as security for a debt, if the value of
those services as reasonably assessed is not applied toward the liquidation of
the debt or the length and nature of those services are not respectively limited
and defined, or preventing a person from acquiring information pertinent to the
disposition of such debt; or
(C)
Promising benefits or the performance of services which the accused does not
intend to deliver or perform or knows will not be delivered or performed.
Evidence of failure to deliver benefits or perform services standing alone shall
not be sufficient to authorize a conviction under this Code
section.
(3)
'Labor servitude' means work or service of economic or financial value which is
performed or provided by another person and is induced or obtained by coercion
or deception.
(4)
'Sexual servitude' means:
(A)
Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of
Code Section 16-12-100 for which anything of value is directly or indirectly
given, promised to, or received by any person, which conduct is induced or
obtained by coercion or deception or which conduct is induced or obtained from a
person under the age of 18 years; or
(B)
Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of
Code Section 16-12-100 which is performed or provided by any person, which
conduct is induced or obtained by coercion or deception or which conduct is
induced or obtained from a person under the age of 18 years.
(b)
A person commits the offense of trafficking a person for labor servitude when
that person knowingly subjects or maintains another in labor servitude or
knowingly recruits, entices, harbors, transports, provides, or obtains by any
means another person for the purpose of labor servitude.
(c)
A person commits the offense of trafficking a person for sexual servitude when
that person knowingly subjects or maintains another in sexual servitude or
knowingly recruits, entices, harbors, transports, provides, or obtains by any
means another person for the purpose of sexual servitude.
(d)
Any person who commits the offense of trafficking a person for labor or sexual
servitude shall be guilty of a felony, and upon conviction thereof, shall be
punished by imprisonment for not less than one nor more than 20 years. Any
person who commits the offense of trafficking a person for labor or sexual
servitude against a person who is under the age of 18 years shall be guilty of a
felony, and upon conviction thereof, shall be punished by imprisonment for not
less than ten nor more than 20 years.
(e)
Prosecuting attorneys and the Attorney General shall have concurrent authority
to prosecute any criminal and civil cases arising under the provisions of this
Code section and to perform any duty that necessarily appertains
thereto.
(f)(1)
All real and personal property of every kind which is used, intended for use,
used in any manner to facilitate, or is derived from a violation of this Code
section is contraband and forfeited to the state and no person shall have a
property interest in it.
(2)
Such property may be seized or detained in the same manner as provided in Code
Section 16-13-49 and shall not be subject to replevin, conveyance,
sequestration, or attachment.
(3)
Within 60 days of the date of the seizure of proceeds or money pursuant to this
subsection, the prosecuting attorney or the Attorney General shall initiate
forfeiture or other proceedings as provided in Code Section 16-13-49. An owner
or interest holder, as defined by subsection (a) of Code Section 16-13-49, may
establish as a defense to the forfeiture of such property which is subject to
forfeiture under this subsection the applicable provisions of subsection (e) or
(f) of Code Section 16-13-49.
(4)
Proceeds or money which is forfeited pursuant to this subsection shall be
disposed of and distributed as provided in Code Section 16-13-49.
(g)
Each violation of this Code section shall constitute a separate offense and
shall not merge with any other offense.
(h)
A corporation may be prosecuted under this Code section, or subject to the
provisions of subsection (f) of this Code section, only for an act or omission
constituting a crime under this Code as provided in Code Section
16-2-22.∀
SECTION
5.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by adding a new Code section immediately following Code Section 42-4-13,
to be designated Code Section 42-4-14, to read as follows:
∀42-4-14.
(a)
When any person charged with a felony or with driving under the influence
pursuant to Code Section 40-6-391 is confined, for any period, in the jail of
the county, any municipality or a jail operated by a regional jail authority, a
reasonable effort shall be made to determine the nationality of the person so
confined.
(b)
If the prisoner is a foreign national, the keeper of the jail or other officer
shall make a reasonable effort to verify that the prisoner has been lawfully
admitted to the United States and if lawfully admitted, that such lawful status
has not expired. If verification of lawful status can not be made from
documents in the possession of the prisoner, verification shall be made within
48 hours through a query to the Law Enforcement Support Center (LESC) of the
United States Department of Homeland Security or other office or agency
designated for that purpose by the United States Department of Homeland
Security. If the prisoner is determined not to be lawfully admitted to the
United States, the keeper of the jail or other officer shall notify the United
States Department of Homeland Security.
(c)
Nothing in this Code section shall be construed to deny a person bond or from
being released from confinement when such person is otherwise eligible for
release.
(d)
The Georgia Sheriffs Association shall prepare and issue guidelines and
procedures used to comply with the provisions of this Code
section.∀
SECTION
6.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended by adding a new chapter immediately following Chapter 20
to read as follows:
∀CHAPTER
20A
43-20A-1.
This
chapter shall be known and may be cited as the 'Registration of Immigration
Assistance Act.'
43-20A-2.
The
purpose and intent of this chapter is to establish and enforce standards of
ethics in the profession of immigration assistance by private individuals who
are not licensed attorneys.
43-20A-3.
As
used in this chapter, the term:
(1)
'Compensation' means money, property, services, promise of payment, or anything
else of value.
(2)
'Employed by' means that a person is on the payroll of the employer and the
employer deducts from the
employeés
paycheck social security and withholding taxes or that a person receives
compensation from the employer on a commission basis or as an independent
contractor.
(3)
'Immigration assistance service' means any information or action provided or
offered to customers or prospective customers related to immigration matters,
excluding legal advice, recommending a specific course of legal action or
providing any other assistance that requires legal analysis, legal judgment, or
interpretation of the law.
(4)
'Immigration matter' means any proceeding, filing, or action affecting the
nonimmigrant, immigrant, or citizenship status of any person that arises
under:
(A)
Immigration and naturalization law, executive order, or presidential
proclamation of the United States or any foreign country; or
(B)
Action of the United States Department of Labor, the United States Department of
State, the United States Department of Homeland Security, or the United States
Department of Justice.
43-20A-4.
(a)
Any person who provides or offers to provide immigration assistance service may
perform only the following services:
(1)
Completing a government agency form, requested by the customer and appropriate
to the
customeŕs
needs only if the completion of that form does not involve a legal judgment for
that particular matter;
(2)
Transcribing responses to a government agency form which is related to an
immigration matter but not advising a customer as to his or her answers on those
forms;
(3)
Translating information on forms to a customer and translating the
customeŕs
answers to questions posed on those forms;
(4)
Securing for the customer supporting documents currently in existence, such as
birth and marriage certificates, which may be needed to be submitted with
government agency forms;
(5)
Translating documents from a foreign language into English;
(6)
Notarizing signatures on government agency forms, if the person performing the
service is a notary public commissioned in the State of Georgia and is lawfully
present in the United States;
(7)
Making referrals, without fee, to attorneys who could undertake legal
representation for a person in an immigration matter;
(8)
Preparing or arranging for the preparation of photographs and
fingerprints;
(9)
Arranging for the performance of medical testing (including X-rays and AIDS
tests) and the obtaining of reports of such test results;
(10)
Conducting English language and civics courses; and
(11)
Performing such other services that the office of the Secretary of State
determines by rule may be appropriately performed by such persons in light of
the purposes of this chapter.
(b)
The following persons are exempt from this chapter:
(1)
An attorney licensed to practice law in Georgia or an attorney licensed to
practice law in any other state or territory of the United States or in any
foreign country when acting with the approval of a judge having lawful
jurisdiction over the matter;
(2)
A legal intern, clerk, paralegal, or person in a similar position employed by
and under the direct supervision of a licensed attorney meeting the requirements
in paragraph (1) of this subsection and rendering immigration assistance service
in the course of employment;
(3)
A not for profit organization recognized by the Board of Immigration Appeals
under 8 C.F.R. 292.2(a) and employees, of those organizations accredited under 8
C.F.R. 292.2(d); and
(4)
Any organization employing or desiring to employ an alien or nonimmigrant alien,
where the organization, its employees, or its agents provide advice or
assistance in immigration matters to alien or nonimmigrant alien employees or
potential employees without compensation from the individuals to whom such
advice or assistance is provided.
(c)
Nothing in this chapter shall regulate any business to the extent that such
regulation is prohibited or preempted by federal law.
(d)
Any person performing such services shall obtain business licenses from the
office of the Secretary of State and as may be required by a local governing
authority.
(e)
Any person who provides or offers immigration assistance service and is not
exempted under this chapter shall post signs at his or her place of business
setting forth information in English and in every other language in which the
person provides or offers to provide immigration assistance service. Each
language shall be on a separate sign. Signs shall be posted in a location where
the signs will be visible to customers. Each sign shall be at least 12 inches
by 17 inches and shall contain the following statement:
'I
AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR
ACCEPT FEES FOR LEGAL ADVICE.'
(f)
Every person engaged in immigration assistance service who is not an attorney
who advertises immigration assistance service in a language other than English,
whether by radio, television, signs, pamphlets, newspapers, or other written
communication, with the exception of a single desk plaque, shall include in the
document, advertisement, stationery, letterhead, business card, or other
comparable written material the following notice in English and the language in
which the written communication appears. This notice shall be of a conspicuous
size, if in writing, and shall state: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE
LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' If such
advertisement is by radio or television, the statement may be modified but must
include substantially the same message.
(g)
Any person who provides or offers immigration assistance service and is not
exempted under this chapter shall not, in any document, advertisement,
stationery, letterhead, business card, or other comparable written material,
literally translate from English into another language terms or titles
including, but not limited to, notary public, notary, licensed, attorney,
lawyer, or any other term that implies the person is an attorney.
(h)
Violations of this chapter may result in a fine of up to $1,000.00 per
violation. A fine charged pursuant to this chapter shall not preempt or
preclude additional appropriate civil or criminal penalties.
(i)
No person engaged in providing immigration services who is not exempted under
this chapter shall do any of the following:
(1)
Accept payment in exchange for providing legal advice or any other assistance
that requires legal analysis, legal judgment, or interpretation of the
law;
(2)
Refuse to return documents supplied by, prepared on behalf of, or paid for by
the customer upon the request of the customer. These documents must be returned
upon request even if there is a fee dispute between the immigration assistant
and the customer;
(3)
Represent or advertise, in connection with the provision assistance in
immigration matters, other titles or credentials, including but not limited to
'notary public' or 'immigration consultant,' that could cause a customer to
believe that the person possesses special professional skills or is authorized
to provide advice on an immigration matter, provided that a certified notary
public may use the term 'notary public' if the use is accompanied by the
statement that the person is not an attorney; the term 'notary public' may not
be translated to another language;
(4)
Provide legal advice, recommend a specific course of legal action, or provide
any other assistance that requires legal analysis, legal judgment, or
interpretation of the law; or
(5)
Make any misrepresentation or false statement, directly or indirectly, to
influence, persuade, or induce patronage.
(j)
Any person who violates any provision of this chapter shall be guilty of a
misdemeanor for a first offense and a high and aggravated misdemeanor for a
second or subsequent offense committed within five years of a previous
conviction for the same offense.
(k)
The Secretary of State shall issue rules not inconsistent with this chapter for
the implementation, administration, and enforcement of this
chapter.∀
SECTION
7.
Title
48 of the Official Code of Georgia Annotated, relating to revenue and taxation,
is amended by adding two new Code sections immediately following Code Section
48-7-21, to be designated Code Sections 48-7-21.1 and 48-7-21.2, to read as
follows:
∀48-7-21.1.
(a)
As used in this Code section, the term 'identification and employment
authorization document' means any unexpired documents included on the list of
acceptable documents, for persons 18 years of age or older, for the Employment
Eligibility Verification Form I-9 of the United States Department of Homeland
Security except as otherwise provided in this Code section.
(b)
A travel or identification document issued by a foreign government shall not be
accepted as a valid employment authorized documentation unless such document has
been recognized by the United States Department of Homeland Security as evidence
of alien registration pursuant to federal law.
48-7-21.2.
(a)
As used in this Code section, the term 'identification and employment
authorization document' means any unexpired document included on the list of
acceptable documents, for persons 18 years of age or older, for the Employment
Eligibility Verification Form I-9 of the United States Department of Homeland
Security except as otherwise provided in this Code section.
(b)(1)
On or after January 1, 2008, no payment of compensation for physical performance
of services within this state to an individual of $600.00 or more per annum,
whether in the form of wages, salary, payment for labor, benefits, in-kind
exchange, or expenses, may be claimed and allowed as a deductible business
expense for state income tax purposes by a taxpayer unless the person to whom
such compensation was given provides to the taxpayer identification and
employment authorization documents. The provisions of this paragraph shall
apply whether or not an Internal Revenue Service Form 1099 is issued in
conjunction with the payment.
(2)
The state revenue commissioner is authorized to prescribe forms and promulgate
rules and regulations deemed necessary in order to administer and effectuate
this subsection.
(c)
This Code section shall not apply to any business domiciled in this state which
is exempt from compliance with federal employment verification procedures under
federal law which makes the employment of unauthorized aliens
unlawful.
(d)
This Code section shall not apply to any individual hired by the taxpayer prior
to January 1, 2008.
(e)
This Code section shall not apply to any taxpayer where the individual being
paid is not directly compensated or employed by said taxpayer.
(f)
This Code section shall not apply to compensation paid for physical performance
of services within this state to any individual who holds a valid license issued
by this state, or an agency, department or division
thereof.∀
SECTION
8.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by adding a new chapter at the end thereof, to be designated Chapter 36,
to read as follows:
∀CHAPTER
36
50-36-1.
(a)
Except as provided in subsection (c) of this Code section or where exempted by
federal law, on or after July 1, 2007, every agency or a political subdivision
of this state shall verify the lawful presence in the United States of any
natural person 18 years of age or older who has applied for state or local
public benefits, as defined in 8 U.S.C. Section 1621, or for federal public
benefits, as defined in 8 U.S.C. Section 1611, that is administered by an agency
or a political subdivision of this state.
(b)
This Code section shall be enforced without regard to race, religion, gender,
ethnicity, or national origin.
(c)
Verification of lawful presence under this Code section shall not be
required:
(1)
For any purpose for which lawful presence in the United States is not required
by law, ordinance, or regulation;
(2)
For assistance for health care items and services that are necessary for the
treatment of an emergency medical condition, as defined in 42 U.S.C. Section
1396b(v)(3), of the alien involved and are not related to an organ transplant
procedure;
(3)
For short-term, noncash, in-kind emergency disaster relief;
(4)
For public health assistance for immunizations with respect to immunizable
diseases and for testing and treatment of symptoms of communicable diseases
whether or not such symptoms are caused by a communicable disease;
or
(5)
For programs, services, or assistance such as soup kitchens, crisis counseling
and intervention, and short-term shelter specified by the United States Attorney
General, in the United States Attorney
Generaĺs
sole and unreviewable discretion after consultation with appropriate federal
agencies and departments, which:
(A)
Deliver in-kind services at the community level, including through public or
private nonprofit agencies;
(B)
Do not condition the provision of assistance, the amount of assistance provided,
or the cost of assistance provided on the individual
recipient́s
income or resources; and
(C)
Are necessary for the protection of life or safety.
(6)
For prenatal care; or
(7)
For postsecondary education, whereby the Board of Regents of the University
System of Georgia or the State Board of Technical and Adult Education shall set
forth, or cause to be set forth, policies regarding postsecondary benefits that
comply with all federal law including but not limited to public benefits as
described in 8 U.S.C. Section 1611, 1621, or 1623.
(d)
Verification of lawful presence in the United States by the agency or political
subdivision required to make such verification shall occur as
follows:
(1)
The applicant must execute an affidavit that he or she is a United States
citizen or legal permanent resident 18 years of age or older; or
(2)
The applicant must execute an affidavit that he or she is a qualified alien or
nonimmigrant under the federal Immigration and Nationality Act 18 years of age
or older lawfully present in the United States.
(e)
For any applicant who has executed an affidavit that he or she is an alien
lawfully present in the United States, eligibility for benefits shall be made
through the Systematic Alien Verification of Entitlement (SAVE) program
operated by the United States Department of Homeland Security or a successor
program designated by the United States Department of Homeland Security. Until
such eligibility verification is made, the affidavit may be presumed to be proof
of lawful presence for the purposes of this Code section.
(f)
Any person who knowingly and willfully makes a false, fictitious, or fraudulent
statement of representation in an affidavit executed pursuant to subsection (d)
of this Code section shall be guilty of a violation of Code Section
16-10-20.
(g)
Agencies or political subdivisions of this state may adopt variations to the
requirements of this Code section to improve efficiency or reduce delay in the
verification process or to provide for adjudication of unique individual
circumstances where the verification procedures in this Code section would
impose unusual hardship on a legal resident of Georgia.
(h)
It shall be unlawful for any agency or a political subdivision of this state to
provide any state, local, or federal benefit, as defined in 8 U.S.C. Section
1621 or 8 U.S.C. Section 1611, in violation of this Code section. Each state
agency or department which administers any program of state or local public
benefits shall provide an annual report with respect to its compliance with this
Code section.
(i)
Any and all errors and significant delays by SAVE shall be reported to the
United States Department of Security and to the Secretary of State which will
monitor SAVE and its verification application errors and significant delays and
report yearly on such errors and significant delays to ensure that the
application of SAVE is not wrongfully denying benefits to legal residents of
Georgia.
(j)
Notwithstanding subsection (f) of this Code section any applicant for federal
benefits as defined in 8 U.S.C. Section 1611 or state or local benefits as
defined in 8 U.S.C. Section 1621 shall not be guilty of any crime for executing
an affidavit attesting to lawful presence in the United States that contains a
false statement if said affidavit is not required by this Code
section.∀
SECTION
9.
(a)
Except as otherwise provided in this section, this Act shall become effective on
July 1, 2006.
(b) Article 4 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated as enacted by Section 3 of this Act shall become effective only if funds are specially appropriated for purposes of said Article 4 in an appropriations Act making specific reference to said Article 4 as enacted by this Act and shall become effective when funds so appropriated become available for expenditure.
(c) Section 4 of this Act shall become effective on July 1, 2006, and shall not apply to any offense committed prior to July 1, 2006.
(b) Article 4 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated as enacted by Section 3 of this Act shall become effective only if funds are specially appropriated for purposes of said Article 4 in an appropriations Act making specific reference to said Article 4 as enacted by this Act and shall become effective when funds so appropriated become available for expenditure.
(c) Section 4 of this Act shall become effective on July 1, 2006, and shall not apply to any offense committed prior to July 1, 2006.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.