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Georgia House Bill 87

Georgia House Bill 87

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Published by keeganfederal
House Bill 87, Georgia's anti-immigration law.
House Bill 87, Georgia's anti-immigration law.

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Published by: keeganfederal on Jun 05, 2012
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11HB 87/APH. B. 87- 1 -House Bill 87 (AS PASSED HOUSE AND SENATE)By: Representatives Ramsey of the 72
, Golick of the 34
, Dempsey of the 13
, Austin of the 10
, Allison of the 8
, and othersA BILL TO BE ENTITLEDAN ACTTo enact the "Illegal Immigration Reform and Enforcement Act of 2011"; to amend Article13 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security2and immigration compliance, so as to provide penalties for the failure of a public employer3to utilize the federal work authorization program; to require certain private employers to4utilize the federal work authorization program; to provide for review by the state auditor and5the Department of Labor; to provide for definitions; to amend Title 16 of the Official Code6of Georgia Annotated, relating to crimes and offenses, so as to provide for offenses involving7illegal aliens; to provide for the offense of aggravated identity fraud; to provide for penalties;8to amend Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to9searches and seizures, so as to provide for the investigation of illegal alien status; to amend10Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and11agencies, so as to provide authority for law enforcement officers to enforce federal12immigration laws under certain circumstances and to provide immunity for such officers13subject to limitations; to provide for civil and criminal penalties; to modify provisions14relating to training peace officers for enforcement of immigration and custom laws; to15establish grant funding for local law enforcement agencies to enter into agreements with16federal agencies for the enforcement of immigration law; to amend Chapter 60 of Title 3617of the Official Code of Georgia Annotated, relating to general provisions applicable to local18governments, so as to require proof that private businesses are participating in the19employment eligibility verification system prior to the issuance of a business license or other20documents; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal21institutions, so as to provide for the verification of the immigration status of foreign nationals22arrested and held in a county or municipal jail; to provide that local governing authorities that23have entered or attempted to enter into certain memorandums of agreement with the federal24government shall receive additional funding for confinement of state inmates; to provide for25a funding contingency; to amend Title 45 of the Official Code of Georgia Annotated, relating26to public officers and employees, so as to provide for penalties for failure of agency heads27to abide by certain state immigration laws; to amend Chapter 36 of Title 50 of the Official28
11HB 87/APH. B. 87- 2 -Code of Georgia Annotated, relating to verification of lawful presence within the United29States, so as to provide for identification documents by applicants for public benefits; to30enact the "Secure and Verifiable Identity Document Act"; to provide penalties for the failure31of an agency head to verify the lawful immigration status of certain applicants for public32benefits; to establish the Immigration Enforcement Review Board; to establish a study on the33impact of immigration reform on Georgia's agricultural industry within the Department of 34Agriculture; to provide for related matters; to provide for an effective date and applicability;35to repeal conflicting laws; and for other purposes.36BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:37
38This Act shall be known and may be cited as the "Illegal Immigration Reform and39Enforcement Act of 2011."40
41Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to42security and immigration compliance, is amended by revising Code Section 13-10-90,43relating to definitions, as follows:44
13-10-90.45As used in this article, the term:46(1) 'Commissioner' means the Commissioner of the Georgia Department of Labor.47(2) 'Contractor' means a person or entity that enters into a contract for the physical48performance of services with a public employer.49(2)(3) 'Federal work authorization program' means any of the electronic verification of 50work authorization programs operated by the United States Department of Homeland51Security or any equivalent federal work authorization program operated by the United52States Department of Homeland Security to verify employment eligibility information of 53newly hired employees, pursuant to the Immigration Reform and Control Act of 198654(IRCA), D.L. 99-603 commonly known as E-Verify, or any subsequent replacement55program.56(2.1)(4) 'Physical performance of services' means the building, altering, repairing,57improving, or demolishing of any public structure or building or other public58improvements of any kind to public real property within this state, including the59construction, reconstruction, or maintenance of all or part of a public road; or any other60performance of labor for a public employer within this state under a contract or other61bidding process.62
11HB 87/APH. B. 87- 3 -(3)(5) 'Public employer' means every department, agency, or instrumentality of the state63or a political subdivision of the state with more than one employee.64(4)(6) 'Subcontractor' means a person or entity having privity of contract with a65contractor and includes a subcontractor, contract employee, or staffing agency, or any66contractor regardless of its tier.67(7) 'Sub-subcontractor' means a person or entity having privity of contract with a68subcontractor or privity of contract with another person or entity contracting with a69subcontractor or sub-subcontractor.
71Said article is further amended by revising subsections (a) and (b) of Code Section 13-10-91,72relating to the verification of new employee eligibility, applicability, and rules and73regulations, as follows:74
(a) Every public employer, including, but not limited to, every municipality and county,75shall register and participate in the federal work authorization program to verify76employment eligibility of all newly hired employees. Upon federal authorization, a public77employer shall permanently post the employer's federally issued user identification number78and date of authorization, as established by the agreement for authorization, on the79employer's website; provided, however, that if a local public employer does not maintain80a website, the identification number and date of authorization shall be published annually81in the official legal organ for the county. then the local government shall submit such82information to the Carl Vinson Institute of Government of the University of Georgia to be83posted by the institute on the website created for local government audit and budget84reporting. The Carl Vinson Institute of Government of the University of Georgia shall85maintain the information submitted and provide instructions and submission guidelines for86local governments. State departments, agencies, or instrumentalities may satisfy the87requirement of this Code section by posting information required by this Code section on88one website maintained and operated by the state.89(b)(1) No A public employer shall not enter into a contract pursuant to this chapter for90the physical performance of services within this state unless the contractor registers and91participates in the federal work authorization program to verify information of all newly92hired employees or subcontractors. Before a bid for any such service is considered by a93public employer, the bid shall include a signed, notarized affidavit from the contractor94attesting to the following:95(A) The affiant has registered with and, is authorized to use, and uses the federal work 96authorization program;97(B) The user identification number and date of authorization for the affiant; and98

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