Bill Text: GA SB217 | 2011-2012 | Regular Session | Introduced

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Bill Title: Public Contracts; provide exception to the public works affidavit requirements

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-03-07 - Senate Read and Referred [SB217 Detail]

Download: Georgia-2011-SB217-Introduced.html

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11 LC 28 5608ER

Senate Bill 217

By: Senators Hill of the 32nd and Rogers of the 21st

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 provide for an exception to the public works affidavit requirement to demonstrate participation in the federal work authorization program for persons who have no employees and do not intend to hire any employees; to provide for related matters; 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 paragraph (2) of subsection (b) of Code Section 13-10-91, relating to verification of new employee eligibility, applicability, and rules and regulations, as follows:

"(2) No contractor or subcontractor who enters a contract pursuant to this chapter with a public employer or a contractor of 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 newly hired employees. Any employee, contractor, or subcontractor of such contractor or subcontractor shall also be required to satisfy the requirements of this paragraph. In lieu of the affidavit required by this subsection, a contractor or subcontractor who has no employees and does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of any part or all of the original contract with the public employer shall instead provide a copy of the federally issued documents demonstrating lawful presence in this country if a non-citizen or alien or a copy of the state issued driver's license of each independent contractor, consultant, or any and all workers paid using a federal Form 1099 statement utilized in the satisfaction of part or all of the original contract with the public employer. A driver's license shall only be accepted in lieu of an affidavit if it is issued by a state within the United States and such state verifies lawful presence in the United States according to all federal immigration laws as a condition of issuance of such driver's license. In the event that the contractor or subcontractor later determines that he or she will need to hire employees to satisfy or complete the performance of services under the applicable contract, then he or she shall first be required to comply with the affidavit requirements of this subsection."

SECTION 2.

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