Bill Text: GA HB59 | 2011-2012 | Regular Session | Introduced
Bill Title: Lawful presence verification; postsecondary education; reserve benefits
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2011-04-14 - House Withdrawn, Recommitted [HB59 Detail]
Download: Georgia-2011-HB59-Introduced.html
11 LC 28
5301ER
House
Bill 59
By:
Representatives Rice of the
51st,
Harrell of the
106th,
Walker of the
107th,
Ehrhart of the
36th,
Bearden of the
68th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
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 clarify
that postsecondary education is a state and local public benefit; to reserve
postsecondary education benefits to citizens and lawfully present and eligible
aliens; to require verification of the eligibility for such applicants for such
benefits through the federal SAVE program; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
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 verification requirements, 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
application for access to public benefits on behalf of an individual, business,
corporation, partnership, or other private entity.
(3)(A)
'Public benefit' means a federal benefit as defined in 8 U.S.C. Section 1611, a
state or local benefit as defined in 8 U.S.C. Section 1621, a benefit identified
as a public benefit by the Attorney General of Georgia, or a public benefit
which shall include the following:
(i)
Adult education;
(ii)
Authorization to conduct a commercial enterprise or business;
(iii)
Business certificate, license, or registration;
(iv)
Business loan;
(v)
Cash allowance;
(vi)
Disability assistance or insurance;
(vii)
Down payment assistance;
(viii)
Energy assistance;
(ix)
Food stamps;
(x)
Gaming license;
(xi)
Health benefits;
(xii)
Housing allowance, grant, guarantee, or loan;
(xiii)
Loan guarantee;
(xiv)
Medicaid;
(xv)
Occupational license;
(xvi)
Postsecondary
education;
(xvii)
Professional license;
(xvii)(xviii)
Registration of a regulated business;
(xviii)(xix)
Rent assistance or subsidy;
(xix)(xx)
State grant or loan;
(xx)(xxi)
State identification card;
(xxi)(xxii)
Tax certificate required to conduct a commercial business;
(xxii)(xxiii)
Temporary assistance for needy families (TANF);
(xxiii)(xxiv)
Unemployment insurance; and
(xxiv)(xv)
Welfare to work.
(B)
Each year before August 1, the Attorney General shall prepare a detailed report
indicating any
additional
'public benefit' that may be administered in this state as defined 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 description of the
benefit and shall be updated annually and distributed to the members of the
General Assembly and be posted to the Attorney General's website.
(b)
Except as provided in subsection (d) of this Code section or where exempted by
federal law, every agency or political subdivision shall verify the lawful
presence in the United States of any applicant for public benefits.
(c)
This Code section shall be enforced without regard to race, religion, gender,
ethnicity, or national origin.
(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;
or
(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.1)
All policies of agencies or political subdivisions regarding postsecondary
education benefits shall comply with federal law as described in 8 U.S.C.
Section 1623.
(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:
(1)
The applicant is a United States citizen or legal permanent resident 18 years of
age or older; or
(2)
The applicant is a qualified alien or nonimmigrant under the federal Immigration
and Nationality Act, Title 8 U.S.C., as amended, 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.
If
an applicant for postsecondary education benefits is under 18 years of age, the
applicant shall be required to execute the signed and sworn affidavit within 30
days following such applicant's eighteenth birthday to continue the enrollment
process or attendance at a public postsecondary educational
institution.
(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.
(g)
Any person who knowingly and willfully makes a false, fictitious, or fraudulent
statement of representation in an affidavit executed pursuant to this Code
section shall be guilty of a violation of Code Section 16-10-20.
(h)
Verification of citizenship through means required by federal law shall satisfy
the requirements of this Code section.
(i)
It shall be unlawful for any agency or political subdivision to provide or
administer any public benefit in violation of this Code section. On or before
January 1 of each year, each agency or political subdivision which administers
any public benefit shall provide an annual report to the Department of Community
Affairs that identifies each public benefit, as defined in subparagraph
(a)(3)(A) of this Code section, administered by the agency or political
subdivision and a listing of each public benefit for which SAVE authorization
for verification has not been received.
(j)
Any and all errors and significant delays by SAVE shall be reported to the
United States Department of Homeland Security.
(k)
Notwithstanding subsection (g) of this Code section, any applicant for public
benefits 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.
(l)
In the event a legal action is filed against any agency or political subdivision
alleging 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.
(m)
Compliance with this Code section by an agency or political subdivision shall
include taking all reasonable, necessary steps required by a federal agency to
receive authorization to utilize the SAVE program or any successor program
designated by the United States Department of Homeland Security or other federal
agency, including providing copies of statutory authorization for the agency or
political subdivision to provide public benefits and other affidavits, letters
of memorandum of understanding, or other required documents or information
needed to receive authority to utilize the SAVE program or any successor program
for each public benefit provided by such agency or political subdivision. An
agency or political subdivision that takes all reasonable, necessary steps and
submits all requested documents and information as required in this subsection
but either has not been given access to use such programs by such federal
agencies or has not completed the process of obtaining access to use such
programs shall not liable for failing to use the SAVE program or any such
successor program to verify eligibility for public benefits.
(n)
In the case of noncompliance with the provisions of this Code section by an
agency or political subdivision, the appropriations committee of each house of
the General Assembly may consider such noncompliance in setting the budget and
appropriations.
(o)
No employer, agency, or political subdivision shall be subject to lawsuit or
liability arising from any act to comply with the requirements of this
chapter."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.