Bill Text: GA HB810 | 2011-2012 | Regular Session | Introduced
Bill Title: Business licenses; verification of lawful residence by applicants; modify requirements
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-30 - House Second Readers [HB810 Detail]
Download: Georgia-2011-HB810-Introduced.html
12 LC 35
2436
House
Bill 810
By:
Representatives Baker of the
78th
and Jackson of the
142nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating
to general provisions applicable to local governments, so as to modify the
requirements relating to verification of lawful residency by applicants of
business licenses and private employers; to provide for related matters; to
provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
60 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable to local governments, is amended by revising Code Section
36-60-6, relating to issuance of local business licenses and evidence of state
licensure, as follows:
"36-60-6.
(a)
Every private employer with more than ten employees shall register with and
utilize the federal work authorization program, as defined by Code Section
13-10-90. The requirements of this subsection shall be effective on January 1,
2012, as to employers with 500 or more employees, on July 1, 2012, as to
employers with 100 or more employees but fewer than 500 employees,
and
on July 1, 2013, as to employers with more than
ten
50
employees but fewer than 100
employees, and
on July 1, 2015, as to employers with more than ten but 50 or fewer
employees.
(b)
For purposes of this Code section, the term 'employee' shall have the same
meaning as set forth in subparagraph (A) of paragraph (1.1) of Code Section
48-13-5, provided that such person is also employed to work not less than 35
hours per week.
(c)
Before any county or municipal corporation issues a business license,
occupational tax certificate, or other document required to operate a business
to any person engaged in a profession or business required to be licensed by the
state under Title 43, the person shall provide evidence of such licensure to the
appropriate agency of the county or municipal corporation that issues business
licenses. No business license, occupational tax certificate, or other document
required to operate a business shall be issued to any person subject to
licensure under Title 43 without evidence of such licensure being
presented.
(d)
Before any county or municipal corporation issues or renews a business license,
occupational tax certificate, or other document required to operate a business
to any person, the person shall provide evidence that he or she is authorized to
use the federal work authorization program or evidence that the provisions of
this Code section do not apply. Evidence of such use shall be in the form of an
affidavit as provided by the Attorney General in subsection (f) of this Code
section attesting that he or she utilizes the federal work authorization program
in accordance with federal regulations or that he or she employs fewer than 11
employees or otherwise does not fall within the requirements of this Code
section. Whether an employer is exempt from using the federal work
authorization program as required by this Code section shall be determined by
the number of employees employed by such employer on January 1 of the year
during which the affidavit is submitted. The affidavit shall include the
employer's federally assigned employment eligibility verification system user
number and the date of authority for use. The requirements of this subsection
shall be effective on January 1, 2012, as to employers with 500 or more
employees, on July 1, 2012, as to employers with 100 or more employees but fewer
than 500 employees, and on July 1, 2013, as to employers with more than
ten
50
employees but fewer than 100
employees, and
on July 1, 2015, as to employers with more than ten but 50 or fewer
employees.
(e)
Beginning December 31, 2012, and annually thereafter, any county or municipal
corporation issuing or renewing a business license, occupational tax
certificate, or other document required to operate a business shall provide to
the Department of Audits and Accounts a report demonstrating that such county or
municipality is acting in compliance with the provisions of this Code section.
This annual report shall identify each license or certificate issued by the
agency in the preceding 12 months and include the name of the person and
business issued a license or other document and his or her federally assigned
employment eligibility verification system user number as provided in the
affidavit submitted at the time of application. Subject to funding, the
Department of Audits and Accounts shall annually conduct an audit of no fewer
than 20 percent of such reporting agencies.
(f)
In order to assist private businesses and counties and municipal corporations in
complying with the provisions of this Code section, the Attorney General shall
provide a standardized form affidavit which may be used as acceptable evidence
demonstrating use of the federal employment eligibility verification system or
that the provisions of subsection (b) of this Code section do not apply to the
applicant. The form affidavit shall be posted by the Attorney General on the
Department of Law's official website no later than January 1, 2012.
(g)
Once an applicant for a business license, occupational tax certificate, or other
document required to operate a business has submitted an affidavit with a
federally assigned employment eligibility verification system user number, he or
she shall not be authorized to submit a renewal application using a new or
different federally assigned employment eligibility verification system user
number, unless accompanied by a sworn document explaining the reason such
applicant obtained a new or different federally assigned employment eligibility
verification system user number.
(h)
Any person presenting false or misleading evidence of state licensure shall be
guilty of a misdemeanor. Any government official or employee knowingly acting
in violation of this Code section shall be guilty of a misdemeanor; provided,
however, that any person who knowingly submits a false or misleading affidavit
pursuant to this Code section shall be guilty of submitting a false document in
violation of Code Section 16-10-20. It shall be a defense to a violation of
this Code section that such person acted in good faith and made a reasonable
attempt to comply with the requirements of this Code section.
(i)
Documents or
copies of documents required by this Code
section may be submitted
in person, by
mail, or electronically, provided the
submission complies with Chapter 12 of Title 10.
Copies of
documents submitted electronically shall satisfy the requirements of this Code
section.
(j)
The Attorney General shall be authorized to conduct an investigation and bring
any criminal or civil action he or she deems necessary to ensure compliance with
the provisions of this Code section. The Attorney General shall provide an
employer who is found to have committed a good faith violation of this Code
section 30 days to demonstrate to the Attorney General that such employer has
come into compliance with this Code section. During the course of any
investigation of violations of this Code section, the Attorney General shall
also investigate potential violations of Code Section 16-9-121.1 by employees
that may have led to 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.