09 LC
14 0085S
House
Bill 2 (RULES COMMITTEE SUBSTITUTE)
By:
Representatives Rice of the
51st,
Peake of the
137th,
Lindsey of the
54th,
and Graves of the
12th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
revise provisions relating to verification of lawful presence of persons
receiving public benefits or working for public employers or contractors; 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 Code Section 50-36-1 of the Official Code
of Georgia Annotated, relating to verification of lawful presence within United
States of persons applying for public benefits, so as to specify the types of
local government actions for which verification is required; 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
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:
(1)
Is in compliance with Code Section 13-10-91 as determined by the department;
and
(2)
Is in compliance with Code Section 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 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 with respect to
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:
(1)
Any project approved by the department prior to January 1, 2010; or
(2)
A project where the county was in compliance at the time of project approval but
later becomes
noncompliant."
SECTION
2.
Code
Section 50-36-1 of the Official Code of Georgia Annotated, relating to
verification of lawful presence within United States of persons applying for
public benefits, is amended by revising subsection (a) as follows:
"(a)(1)
Except as provided in subsection (c) 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 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.
(2)
Except as provided in subsection (b) of this Code section or where exempted by
federal law, as it relates to Georgia, the term 'local public benefits' shall
include, but not be limited to, any license which is issued as a precondition
for engaging in business or any other local public benefit provided by a local
government."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.