{"id":1624,"date":"2008-06-17T19:15:15","date_gmt":"2008-06-17T23:15:15","guid":{"rendered":"http:\/\/www.thedustininmansociety.com\/blog\/?p=1624"},"modified":"2008-06-21T19:43:40","modified_gmt":"2008-06-21T23:43:40","slug":"section-9-of-the-georgia-security-and-immigration-compliance-act-send-it-to-your-mayor-and-county-chair","status":"publish","type":"post","link":"https:\/\/www.thedustininmansociety.org\/blog\/2008\/06\/17\/section-9-of-the-georgia-security-and-immigration-compliance-act-send-it-to-your-mayor-and-county-chair\/","title":{"rendered":"Section 9 of the Georgia Security and Immigration Compliance Act – SEND IT TO YOUR MAYOR AND COUNTY CHAIR!"},"content":{"rendered":"

SECTION 9<\/strong>.<\/p>\n

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
\nby adding a new chapter at the end thereof, to be designated Chapter 36, to read as follows:
\n“CHAPTER 36
\n50-36-1.
\n(a) Except as provided in subsection (c) of this Code section or where exempted by federal
\nlaw, on or after July 1, 2007, every agency or a political subdivision of this state shall
\nverify the lawful presence in the United States of any natural person 18 years of age or
\nolder who has applied for state or local public benefits, as defined in 8 U.S.C. Section
\n1621, <\/a>or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is
\nadministered by an agency or a political subdivision of this state.
\n(b) This Code section shall be enforced without regard to race, religion, gender, ethnicity,
\nor national origin.
\n(c) Verification of lawful presence under this Code section shall not be required:
\n(1) For any purpose for which lawful presence in the United States is not required by
\nlaw, ordinance, or regulation;
\n(2) For assistance for health care items and services that are necessary for the treatment
\nof an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the
\nalien involved and are not related to an organ transplant procedure;
\n06 SB529\/AP
\nS. B. 529
\n– 13 –
\n(3) For short-term, noncash, in-kind emergency disaster relief;
\n(4) For public health assistance for immunizations with respect to immunizable diseases
\nand for testing and treatment of symptoms of communicable diseases whether or not such
\nsymptoms are caused by a communicable disease; or
\n(5) For programs, services, or assistance such as soup kitchens, crisis counseling and
\nintervention, and short-term shelter specified by the United States Attorney General, in
\nthe United States Attorney General’s sole and unreviewable discretion after consultation
\nwith appropriate federal agencies and departments, which:
\n(A) Deliver in-kind services at the community level, including through public or
\nprivate nonprofit agencies;
\n(B) Do not condition the provision of assistance, the amount of assistance provided,
\nor the cost of assistance provided on the individual recipient’s income or resources; and
\n(C) Are necessary for the protection of life or safety.
\n(6) For prenatal care; or
\n(7) For postsecondary education, whereby the Board of Regents of the University System
\nof Georgia or the State Board of Technical and Adult Education shall set forth, or cause
\nto be set forth, policies regarding postsecondary benefits that comply with all federal law
\nincluding but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621,
\nor 1623.
\n(d) Verification of lawful presence in the United States by the agency or political
\nsubdivision required to make such verification shall occur as follows:
\n(1) The applicant must execute an affidavit that he or she is a United States citizen or
\nlegal permanent resident 18 years of age or older; or
\n(2) The applicant must execute an affidavit that he or she is a qualified alien or
\nnonimmigrant under the federal Immigration and Nationality Act 18 years of age or older
\nlawfully present in the United States.
\n(e) For any applicant who has executed an affidavit that he or she is an alien lawfully
\npresent in the United States, eligibility for benefits shall be made through the Systematic
\nAlien Verification of Entitlement (SAVE) program operated by the United States
\nDepartment of Homeland Security or a successor program designated by the United States
\nDepartment of Homeland Security. Until such eligibility verification is made, the affidavit
\nmay be presumed to be proof of lawful presence for the purposes of this Code section.
\n06 SB529\/AP<\/strong>S. B. 529
\n– 14 –
\n(f) Any person who knowingly and willfully makes a false, fictitious, or fraudulent
\nstatement of representation in an affidavit executed pursuant to subsection (d) of this Code
\nsection shall be guilty of a violation of Code Section 16-10-20.<\/strong>(g) Agencies or political subdivisions of this state may adopt variations to the requirements
\nof this Code section to improve efficiency or reduce delay in the verification process or to
\nprovide for adjudication of unique individual circumstances where the verification
\nprocedures in this Code section would impose unusual hardship on a legal resident of
\nGeorgia.
\n(h) It shall be unlawful for any agency or a political subdivision of this state to provide any
\nstate, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section
\n1611, in violation of this Code section<\/strong>. Each state agency or department which administers
\nany program of state or local public benefits shall provide an annual report with respect to
\nits compliance with this Code section.
\n(i) Any and all errors and significant delays by SAVE shall be reported to the United States
\nDepartment of Security and to the Secretary of State which will monitor SAVE and its
\nverification application errors and significant delays and report yearly on such errors and
\nsignificant delays to ensure that the application of SAVE is not wrongfully denying benefits
\nto legal residents of Georgia.
\n(j) Notwithstanding subsection (f) of this Code section any applicant for federal benefits
\nas defined in 8 U.S.C. Section 1611 or state or local benefits as defined in 8 U.S.C. Section
\n1621 shall not be guilty of any crime for executing an affidavit attesting to lawful presence
\nin the United States that contains a false statement if said affidavit is not required by this
\nCode section.”
\nHERE<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

SECTION 9. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter at the end thereof, to be designated Chapter 36, to read as follows: “CHAPTER 36 50-36-1. (a) Except as provided in subsection (c) of this Code section or where exempted by federal law, […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts\/1624"}],"collection":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/comments?post=1624"}],"version-history":[{"count":0,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts\/1624\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/media?parent=1624"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/categories?post=1624"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/tags?post=1624"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}