07 LC
14 9666
House
Bill 605
By:
Representative Morris of the
155th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia
Annotated, relating to eligibility and qualifications for public office and
public employment, so as to repeal certain provisions relating to prohibited
employment of aliens which have been judicially found to be overbroad and
unconstitutional; to provide an effective date; 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 45 of the Official Code of Georgia Annotated, relating
to eligibility and qualifications for public office and public employment, is
amended by repealing and reserving Code Section 45-2-7, relating to prohibited
and permitted employment of aliens, and Code Section 45-2-8, relating to
sanctions, as follows:
"45-2-7.
Reserved.
(a) Except
as provided in subsections (b) through (d) of this Code section, no department
of the state government or any political subdivision thereof shall employ any
alien for any purpose until a thorough investigation has been made and it is
ascertained that there is no qualified American citizen available to perform the
duty desired.
(b)
An institution of the University System of Georgia may employ an alien who is
attending such institution as a student. Such an institution may employ any
other alien for a period of time not to exceed one year or may enter into
exchange professorship agreements with institutions, foreign or otherwise, where
aliens are involved for a period of time not to exceed one year.
(c)
The prohibition of subsection (a) of this Code section shall not apply to the
employment of an alien who is not a Communist and who is in this country as a
student enrolled in a college or university in this state or in a program of
student exchange sponsored or participated in by a college or university in this
state, as certified by the dean or registrar thereof.
(d)
The prohibitions of subsection (a) of this Code section shall not apply to the
employment of aliens licensed under Code Section 43-34-33, relating to the
licensing of aliens to practice medicine or pharmacy.
45-2-8.
Reserved.
Any
department head or any official of any political subdivision in this state who
violates Code Section 45-2-7 shall be subject to removal from office by the
Governor of the state."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.