06 LC 28
2539
House
Bill 1070
By:
Representatives Loudermilk of the
14th,
Hill of the
21st,
Lunsford of the
110th,
Mosley of the
178th,
Reece of the
11th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating
to the Department of Driver Services, so as to create a procedure for verifying
any claim of legal domicile or residence in Georgia for any purpose for which
legal residence or domicile is required by law; to provide for exceptions; to
provide for a list of valid identification documents; to provide for the
promulgation of regulations; to provide for penalties; to provide for judicial
review; to provide for related matters; to provide an effective date; to provide
for applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
16 of Title 40 of the Official Code of Georgia Annotated, relating to the
Department of Driver Services, is amended by inserting immediately following
Code Section 40-16-2.1 three new Code sections to read as follows:
"40-16-2.2.
(a)(1)
Except where otherwise required by state or federal law, a person who is
unlawfully present in the United States in violation of federal immigration law
is not legally resident or domiciled in Georgia.
(2)
Except as provided in subsection (b) of this Code section or where exempted by
federal law, every agency of Georgia or a political subdivision thereof shall
verify the lawful presence in the United States of any natural person who has
made a claim of legal residence or domicile in Georgia for any purpose for which
legal residence or domicile is required by law, ordinance, or
regulation.
(3)
Verification of lawful presence under this Code section shall not be required
for any purpose for which legal residence or domicile in Georgia is not required
by law, ordinance, or regulation.
(4)
Verification of lawful presence under this Code section shall not be required to
receive emergency services or for services related to domestic
violence.
(b)(1)
The following persons shall be deemed to be presumptively lawfully present in
the United States:
(A)
A citizen of the United States; or
(B)
An alien who presents a valid identification document that is included on the
list of documents to be created, maintained, and published by the department as
proof of lawful presence in the United States.
(2)
A
driveŕs
license or identification card issued by any state which, on or after July 1,
2006, authorized such
driveŕs
license or identification card to be issued to persons not lawfully present in
the United States may not be accepted as evidence of lawful presence in the
United States.
(c)
This Code section shall be enforced without regard to race, religion, gender,
ethnicity, or national origin.
(d)(1)
Verification of lawful presence in the United States by the agency required to
make such verification shall occur as follows:
(A)
By presentation of an unexpired valid document described in subsection (b) of
this Code section; or
(B)
Where a document described in subsection (b) of this Code section has not been
presented, by a determination that the person for whom verification is required
is a United States citizen or national. A person may attest, under penalty of
perjury, that he or she is a United States citizen or national.
(2)
A document or attestation may be verified by the agency or political subdivision
to detect identity or document fraud and false statements. Until such
verification is made, the document or attestation may be presumed to be proof of
lawful presence for the purposes of this Code section.
(3)
In the case of an applicant for state or local public benefits, as defined in 8
U.S.C. Section 1621, or of an applicant for federal public benefits, as defined
in 8 U.S.C. Section 1611, that is administered by an agency of Georgia or a
political subdivision thereof, the verification described in paragraph (1) of
this subsection shall be made through the Systematic Alien Verification of
Entitlement (SAVE) program operated by the United States Department of Homeland
Security or a successor program designated by the Department of Homeland
Security.
(e)
In the case of a person arrested for a violation of a criminal statute, where
verification has not otherwise been made under a procedure described in
subsection (d) of this Code section, verification shall be made through a query
to the Law Enforcement Support Center (LESC) of the United States Department of
Homeland Security or other office or agency designated for that purpose by the
Department of Homeland Security.
(f)
Discovery by an agency of Georgia or political subdivision thereof that a person
subject to the verification requirements of this Code section has failed to
establish lawful presence in the United States shall be reported to the
department and to the United States Department of Homeland
Security.
(g)(1)
The department shall issue regulations, in accordance with Chapter 13 of Title
50, the 'Georgia Administrative Procedure Act,' to implement the provisions of
this Code section.
(2)
With the concurrence of the department, other agencies of Georgia and political
subdivisions thereof may adopt variations to such regulations to improve
efficiency or reduce delay in the verification process or to provide for
adjudication of unique individual circumstances where the verification
procedures in subsection (d) of this Code section would impose unusual hardship
on a legal resident of Georgia.
40-16-2.3.
(a)
It shall be unlawful for any person knowingly to present a personal
identification document issued by a foreign government as evidence or proof of
legal residence or domicile in Georgia for any purpose, unless such document is
included on the published list of documents created and maintained by the
department as required by subparagraph (b)(1)(B) of Code Section 40-16-2.2
as proof of lawful presence in the United States.
(b)
Any person who violates the provisions of this Code section shall be guilty of a
misdemeanor.
40-16-2.4.
(a)
Any person who believes that an agency or political subdivision of Georgia has
failed to comply with the requirements of Code Section 40-16-2.2 may file a
complaint in writing with the agency or political subdivision. The agency or
political subdivision shall provide a response in writing within 60 days of
receipt of the complaint or within 30 days in the case of a complaint of an
erroneous determination that the person is not a legal resident of
Georgia.
(b)
A person with reasonable cause to believe that an agency or political
subdivision of Georgia is engaged in any act or practice in violation of the
provisions of Code Section 40-16-2.2 may, within 60 days after the receipt of
the written response to such
persońs
complaint under subsection (a) of this Code section, seek relief from any
superior court in Georgia having jurisdiction of the matter to remedy the
failure giving rise to his or her complaint, including mandamus, injunctive
relief, and
attorneýs
fees and costs.
(c)
Upon a determination by a court of competent jurisdiction that any political
subdivision of this state has failed to comply with Code Section 40-16-2.2, such
political subdivision shall be thereafter ineligible to receive state funds in
the next state fiscal year and until the political subdivision demonstrates that
it is in compliance with Code Section
40-16-2.2."
SECTION
2.
This
Act shall become effective on July 1, 2006, and shall apply to proceedings
initiated on or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.