07 LC
35 0597
House
Bill 770
By:
Representatives Day of the
163rd,
Neal of the
1st,
Horne of the
71st,
and Bearden of the
68th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 3 of Title 20 of the Official Code of Georgia
Annotated, relating to definitions relative to postsecondary education, so as to
prohibit the admission of nonimmigrant foreign students who are members of
terrorist organizations or from terrorist countries into postsecondary schools
receiving state funds; to provide for related matters; 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 3 of Title 20 of the Official Code of Georgia Annotated, relating
to definitions relative to postsecondary education, is amended by adding a new
Code section to read as follows:
"20-3-2.
(a)
As used in this article, the term:
(1)
'Educational institution' means any institution of higher education that
receives public funds from the state, including any public or private
university, college, junior college, postsecondary school, or technical
college.
(2)
'Educational institution operator' means any governing board, president,
director, chancellor, registrar, or other person or persons responsible for the
overall operation of an educational institution.
(3)
'Nonimmigrant student' means a person enrolled in or attending an educational
institution pursuant to a student visa and shall include students attending
educational institutions pursuant to an F, F-2, J, J-2, M, or M-2 visa as
designated and issued by the United States government or students who are
otherwise monitored by the federal Student and Exchange Visitor Information
System (SEVIS) or other similar data information system maintained by the United
States government for the purpose of tracking foreign students.
(4)
'Student visa' means any visa issued by the United States government for the
purpose of allowing a person who is not a United States citizen to attend an
educational institution in the United States and shall include an F, F-2, J,
J-2, M, or M-2 visa.
(5)
'Terrorist country' or 'terrorist organization' means any organization on the
United States terrorist exclusion list or any organization which has as one of
its primary purposes to cause harm to the government of the United States or
citizens of the United States and any country that supports, knowingly assists,
aids, abets, or otherwise provides material assistance, support, or resources to
such an organization or that conceals persons attempting to escape after
committing or attempting to commit an act of terrorism.
(b)
No educational institution or educational institution operator shall accept for
admission into such educational institution any nonimmigrant student who is a
member of a terrorist organization or who is a citizen or resident of a
terrorist country.
(c)
For purposes of verifying compliance with this Code section, each educational
institution and educational institution operator shall report identifying
information of each nonimmigrant student who has been accepted for admission to
such educational institution pursuant to a student visa to the Georgia Bureau of
Investigation. The information so provided shall comprise all information
regarding the nonimmigrant student maintained by the educational institution,
including information from any federal agency or department. The identifying
information shall be submitted to the Georgia Bureau of Investigation not later
than 15 business days after the admission of any nonimmigrant
student.
(d)
Intentional or negligent failure of any educational institution operator to
provide identification information as required by this Code section shall be
considered malfeasance of office. In addition, educational institutions which
fail to comply with the requirements of this Code section shall be subject to
the withholding of any state funding or state administered federal
funding.
(e)
The Georgia Bureau of Investigation shall be authorized to inspect an
educational institution´s records, policies, and procedures to verify
compliance with the provisions of this Code section."
SECTION
2.
This
Act shall become effective on July 1, 2007.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.