06 LC 19
6691
House
Bill 961
By:
Representatives Thomas of the
100th,
Marin of the
96th,
Floyd of the
99th,
Wix of the
33rd,
Johnson of the
37th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 34 of the Official Code of Georgia Annotated, relating to labor and
industrial relations, so as to enact the "Georgia Legal Employment Enforcement
Act"; to provide for definitions; to provide for legislative intent; to provide
for promulgation of the Georgia Employment Eligibility Verification Form by the
Department of Labor; to require employers to complete and retain the Georgia
Employment Eligibility Verification Form; to require employers to participate in
a certain federal program; to prohibit the employment of undocumented and
ineligible 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.
Title
34 of the Official Code of Georgia Annotated, relating to labor and industrial
relations,
is amended by inserting at the end thereof a new Chapter 16 to read as follows:
is amended by inserting at the end thereof a new Chapter 16 to read as follows:
"CHAPTER
16
34-16-1.
This
chapter shall be known and may be cited as the 'Georgia Legal Employment
Enforcement Act.'
34-16-2.
As
used in this chapter, the term:
(1)
'Basic pilot program' means the electronic verification of a work authorization
program of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, P.L. 104-208, Division C, Section 403(a), 8 U.S.C. Section 1324(a), and
operated by the United States Department of Homeland Security.
(2)
'Employee' means any person performing or applying for work or service of any
kind or character for hire.
(3)
'Employer' means any person or entity that employs one or more
employees.
(4)
'Georgia Employment Eligibility Verification Form' or 'GEEVF' means the form
created and promulgated by the Department of Labor to be completed by all
employers to verify at the time of hiring a new employee to verify the new
employeés
eligibility to work in the United States.
34-16-3.
It
is the intention of the General Assembly to require the legal documentation of
each person hired to work in this state. It shall be the policy of this state
that no employer shall hire any person to work in this state without verifying
and documenting such
employeés
employment eligibility prior to hire in accordance with federal and state
law.
34-16-4.
(a)
In addition to and in conjunction with the requirements of the federal
Immigration Reform and Control Act of 1986, each employer in this state shall be
required to complete the Georgia Employment Eligibility Verification Form for
each employee hired after July 1, 2006.
(b)
The Georgia Employment Eligibility Verification Form shall be created and
promulgated by the Department of Labor and shall be substantially similar in
content and requirements to the federal Immigration and Naturalization Service
Form I-9, 'Employment Eligibility Verification Form.' Employers may use the
federal Immigration and Naturalization Service Form 1-9, 'Employment
Verification Form' to satisfy the requirements of the state GEEVF.
(c)
Each employer shall be required to verify a new
employeés
identity and eligibility to work by completing the state GEEVF. Each individual
hired shall prove by presentment of documents to be specified by the Department
of Labor on the GEEVF that he or she is eligible to work in the United States.
The GEEVF shall contain a complete list of acceptable documents to provide
identity and eligibility. Acceptable documents shall include but are not
limited to certificates of naturalization, unexpired temporary resident alien
card, and unexpired employment authorization cards. In any instance in which an
employee cannot provide acceptable documents, his or her employment shall be
terminated.
(d)
The GEEVF shall be retained by the employer for three years after the date of
hire and for one year past the date of the
employeés
termination. The GEEVF shall be maintained by the employer in a location that
allows access to the form within three days of notification of inspection or
review as provided in subsections (e) and (f) of this Code section.
(e)
The GEEVF or the federal Immigration and Naturalization Service Form I-9 shall
be made available by an employer for review upon request by certain authorized
officials of the Georgia Bureau of Investigation, the Department of Labor, or
the Office of the Secretary of State.
(f)
The Department of Labor shall be authorized to inspect or audit employer records
to ensure compliance with the provisions of this chapter, including examination
of employer payroll records.
34-16-5.
An
employer which hires an individual as an independent contractor, and not as an
employee, according to regulations of the Internal Revenue Service shall verify
and document the identity and eligibility of such individual in the same manner
as for an employee as required under federal law and this chapter.
34-16-6.
The
State of Georgia shall require, as a condition of being licensed to do business
in this state, that the business or enterprise shall enroll and participate in
the Basic Pilot Program as defined in Code Section 34-16-2 or any succeeding
program established by the federal government.
34-16-7.
An
employer which willingly and knowingly violates the federal Immigration Reform
and Control Act of 1986 or the requirements of this chapter in hiring a person
ineligible for employment in the United States shall be subject to the loss of
the
employeŕs
license or registration to do business in this state.
34-16-8.
The
provisions of this chapter shall be construed so as to be fully consistent with
and complementary to federal immigration
law."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.