09
SB20/AP
Senate
Bill 20
By:
Senators Pearson of the 51st, Rogers of the 21st, Seabaugh of the 28th, Williams
of the 19th and Mullis of the 53rd
AS
PASSED
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 immigration sanctuary polices by local
governmental entities; to provide for penalties; 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:
"36-80-23.
(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, not including any
information required by law to be kept confidential but otherwise 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 elected or appointed official, supervisor
or managerial employee, contractor, agent, or certified peace officer acting on
behalf of or in conjunction with a local governing body.
(6)
'Sanctuary policy' means any regulation, rule, policy, or practice adopted by a
local governing body which prohibits or restricts local officials or employees
from communicating or cooperating with federal officials or law enforcement
officers with regard to reporting 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 shall be
subject to the withholding of state funding or state administered federal
funding other than funds to provide services specified in subsection (c) of Code
Section 50-36-1.
(d)
The Department of Community Affairs, the Department of Transportation, or any
other state agency that provides funding to local governing bodies may require
certification of compliance with this Code section as a condition of
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.