08 LC 35
0694
Senate
Bill 340
By:
Senators Pearson of the 51st, Rogers of the 21st, Johnson of the 1st, Williams
of the 19th, Shafer of the 48th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating
to general provisions applicable to counties, municipal corporations, and other
governmental entities, so as to prohibit sanctuary polices by local governmental
entities; 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.
Chapter
80 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable to counties, municipal corporations, and other
governmental entities, is amended by adding a new Code section to read as
follows:
"36-80-22.
(a)
As used in this Code section, the term:
(1)
'Federal officials or law enforcement officers' means any person employed by the
United States government for the purpose of enforcing or regulating federal
immigration laws and any peace officer certified by the Georgia Peace Officer
Standards and Training Council where such federal official or peace officer is
acting within the scope of his or her employment for the purpose of enforcing
federal immigration laws or preserving homeland security.
(2)
'Immigration status' means the legality or illegality of an individual´s
presence in the United States as determined by federal law.
(3)
'Immigration status information' means any information, including but not
limited to any statement, document, computer generated data, recording, or
photograph, which is relevant to immigration status or the identity or location
of an individual who is reasonably believed to be illegally residing within the
United States or who is reasonably believed to be involved in domestic terrorism
as that term is defined in Code Section 16-4-10 or a terroristic act as that
term is defined by Code Section 35-3-62.
(4)
'Local governing body' means any political subdivision of this state, including
any county, consolidated government, municipality, authority, school district,
commission, board, or any other local public body corporate, governmental unit,
or political subdivision.
(5)
'Local official or employee' means any official, employee, contractor, agent, or
certified peace officer acting on behalf of or in conjunction with a local
governing body whether employed for compensation or acting on a voluntary or
nonprofit basis.
(6)
'Sanctuary policy' means any regulation, rule, policy, or practice adopted by a
local governing body which prevents or tends to prevent local officials or
employees from communicating or cooperating with federal officials or law
enforcement officers with regard to reporting the immigration status of any
person or otherwise providing immigration status information while such local
official or employee is acting within the scope of his or her official
duties.
(b)
No local governing body, whether acting through its governing body or by an
initiative, referendum, or any other process, shall enact, adopt, implement, or
enforce any sanctuary policy.
(c)
Any local governing body that acts in violation of this Code section or that
fails to cooperate with federal officials or law enforcement officers with
regard to reporting the immigration status of any person or that otherwise fails
to reasonably provide immigration status information to a federal official or
law enforcement officer shall be subject to the withholding of state funding or
state administered federal funding."
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.