Bill Text: GA HB2 | 2009-2010 | Regular Session | Comm Sub

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Bill Title: Grants; recipients comply with certain provisions; require

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2010-01-01 - Effective Date [HB2 Detail]

Download: Georgia-2009-HB2-Comm_Sub.html

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09 LC 35 1516S

The Senate Public Safety Committee offered the following substitute to HB 2:

A BILL TO BE ENTITLED
AN ACT

To amend Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, so as to clarify compliance requirements of public employers; to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation in general, so as to provide that the department shall not fund Local Assistance Road Program projects submitted by counties and municipalities not in compliance with employee and public benefit requirements; to provide for certification and verification of compliance; to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to jails, so as to change certain provisions relating to keepers of jails and queries made to the United States Department of Homeland Security; to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to change certain provisions relating to verification requirements, procedures, and conditions; to provide for definitions; to provide for reports and duties of the Attorney General; to provide for related matters; 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 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, is amended by revising Code Section 13-10-91, relating to verification of new employee information and applicability and rules and regulations, as follows:

"13-10-91.

(a) On or after July 1, 2007, every Every public employer, including, but not limited to, every municipality and county, shall register and participate in the federal work authorization program to verify information employment eligibility of all new newly hired employees. Upon federal authorization, a public employer shall permanently post the employer's federally issued user identification number and date of authorization, as established by the agreement for authorization, on the employer's website; provided, however, that if a local public employer does not maintain a website, then the identification number and date of authorization shall be published annually in the official legal organ for the county.

(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 newly hired employees or subcontractors. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor, and, where applicable, each subcontractor, attesting to the following:

(A) The affiant has registered with and is authorized to use the federal work authorization program;

(B) The user identification number and date of authorization for the affiant; and

(C) The affiant is using and will continue to use the federal work authorization program throughout the contract period.

An affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for services; provided, however, that any information protected from public disclosure by federal law shall be redacted.

(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 newly hired 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) Except as provided in subsection (e) of this Code section, 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 Labor's website.

(e) The commissioner of the Georgia Department of Transportation shall prescribe all forms and promulgate rules and regulations deemed necessary for the application of this Code section to any contract or agreement relating to public transportation and shall publish such rules and regulations on the Georgia Department of Transportation's website."

SECTION 2.

Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation in general, is amended by adding a new Code section to read as follows:

"32-2-9.

(a) On and after January 1, 2010, the department shall not fund any Local Assistance Road Program project submitted by a county or municipality unless the county or municipality is in compliance with Code Sections 13-10-91 and 50-36-1 as determined by the department.

(b) In the event that funding is withheld because a local government fails to meet the terms of subsection (a) of this Code section, the local government shall become eligible for the project funding once compliance is established.

(c) In applying this Code section to counties, withholding of grants shall apply only with respect to failure to comply by the county governing authority or agents or employees over whom the county governing authority has management control.

(d) No grant shall be denied to a local government due to the failure of the United States Department of Homeland Security or any successor agency to process, register, or respond to a local government request.

(e) Each county and municipality in the state shall annually certify and demonstrate to the department its compliance with Code Sections 13-10-91 and 50-36-1 in such manner as specified by rules and regulations adopted by the department. Compliance shall consist of taking all reasonably necessary steps to participate in the federal work authorization program and the Systematic Alien Verification of Entitlement (SAVE) program or any successor federal programs, including conformity with any federal agency requirements such as providing any required copies of statutory authorization and any required affidavits, letters, memorandums of understanding, or other documentation. Verification of the work authorization status of prison labor shall not be required for compliance. The department shall evaluate the certifications so made and may:

(1) Disapprove a certification so made if the department finds that the county or municipality is not in compliance after giving the county or municipality notice of its preliminary finding and an opportunity to submit further evidence of compliance; or

(2) Require any county or municipality to provide further information as needed by the department to make its determination on compliance.

A disapproval of certification or a failure to seek certification shall result in ineligibility under subsection (a) of this Code section. The department shall make an annual report of the counties and municipalities determined to be in compliance and shall transmit copies of the annual report to the appropriations committees of the Senate and House of Representatives.

(f) This Code section shall not affect the funding of any project approved by the department prior to January 1, 2010."

SECTION 3.

Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to jails, is amended by revising Code Section 42-4-14, relating to the determination of nationality of persons charged with a felony and confined in a jail facility, 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 or convicted of driving without being licensed in violation of subsection (a) of Code Section 40-5-20 is confined, for any period, in the jail of the a county, or 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.

(e) Where a keeper of a jail has verified unlawful immigration status through LESC pursuant to this Code section, a report of unlawful immigration status shall be made by the jailer to the Georgia Crime Information Center in a manner prescribed by the center. The Georgia Crime Information Center shall maintain and disclose a report of unlawful immigration status information in the same manner as information pertaining to wanted persons. A record of unlawful immigration status shall be updated by the center to reflect lawful immigration status where the center receives a valid federal record or report verifying current lawful status."

SECTION 4.

Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, is amended by revising Code Section 50-36-1, relating to the verification requirements, procedures, and conditions and exceptions, regulations, and criminal and other penalties for violations, as follows:

"50-36-1.

(a) As used in this Code section, the term:

(1) 'Agency or political subdivision' means any department, agency, authority, commission, or government entity of this state or any subdivision of this state.

(2) 'Applicant' means any natural person, 18 years of age or older, who has made any application or request for, or access to, public benefits whether made on his or her own behalf or on behalf of an individual, business, corporation, partnership, or other private entity.

(3)(A) 'Public benefit' means a state or local public benefit or state administered federal public benefit as defined in 8 U.S.C. Sections 1611 and 1621; a benefit identified by the federal government under the federal Systematic Alien Verification for Entitlements (SAVE) program; and any authorization, renewal, recognition, or registration of such benefit. The benefits listed on the Attorney General's report required by subparagraph (B) of this paragraph shall also be considered public benefits for purposes of this Code Section.

(B) Each year before August 1, the Attorney General shall prepare a detailed report indicating any 'state public benefit' and 'local public benefit' that may be offered in this state that is covered by the definitions in 8 U.S.C. Sections 1611 and 1621 and whether such benefit is subject to SAVE verification pursuant to this Code section. Such report shall provide the name of the benefit and name the agency or political subdivision providing the benefit. Such report shall be updated annually and distributed annually to the General Assembly and posted to the Attorney General's website.

(b) Except as provided in subsection (c) (d) 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 applicant for 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)(c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

(c)(d) 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;

(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 General's 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 recipient's 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)(e) An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States, which affidavit shall state 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 and provide the applicant's alien number issued by the Department of Homeland Security or other federal immigration agency.

(e)(f) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for public 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)(g) 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 or administer any state, local, or federal public 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 to the inspector general 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 Homeland 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 eligible applicants.

(j) Notwithstanding subsection (f)(g) of this Code section any applicant for public benefits 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.

(k) In the event a legal action is filed against any agency or political subdivision alleging any improper denial of a public benefit arising out of an effort to comply with this Code section, the Attorney General shall be served with a copy of the proceeding and shall be entitled to be heard."

SECTION 5.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.