An affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for physical performance of services; provided, however, that any information protected from public disclosure by federal law or by Article 4 of Chapter 18 of Title 50 shall be redacted. Affidavits shall be maintained by the public employer for five years from the date of receipt.
History. Code 1981, § 13-10-91 , enacted by Ga. L. 2006, p. 105, § 2/SB 529; Ga. L. 2009, p. 970, § 1/HB 2; Ga. L. 2010, p. 308, § 2.A/SB 447; Ga. L. 2011, p. 794, § 3/HB 87; Ga. L. 2013, p. 111, § 3/SB 160.
The 2009 amendment, effective January 1, 2010, rewrote subsections (a) and (b) and added subsection (f).
The 2010 amendment, effective July 1, 2010, in the undesignated paragraph of paragraph (b)(1), inserted “physical performance of”, inserted “or by Article 4 of Chapter 18 of Title 50”, and added the last sentence; in paragraph (b)(2), inserted “or a contractor of a public employer” and added the last sentence; and added paragraphs (b)(3) through (b)(5). See Editor’s notes for applicability.
The 2011 amendment, effective July 1, 2011, in subsection (a), substituted “then the local government shall submit such information to the Carl Vinson Institute of Government of the University of Georgia to be posted by the institute on the website created for local government audit and budget reporting” for “the identification number and date of authorization shall be published annually in the official legal organ for the county” at the end of the second sentence and added the third sentence; in the first sentence of paragraph (b)(1), substituted “A public” for “No public”, inserted “not”, deleted “within this state” following “performance of services”, and deleted “to verify information of all newly hired employees or subcontractors” following “authorization program”; in subparagraph (b)(1)(A), substituted a comma for “and” and inserted “, and uses”; deleted “and” at the end of subparagraph (b)(1)(B); in subparagraph (b)(1)(C), deleted “is using and” following “The affiant” at the beginning and added “; and” at the end; added subparagraph (b)(1)(D); substituted the present provisions of paragraph (b)(2) for the former provisions, which read: “No contractor or subcontractor who enters a contract pursuant to this chapter with a public employer or a contractor of a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all newly hired employees. Any employee, contractor, or subcontractor of such contractor or subcontractor shall also be required to satisfy the requirements of this paragraph.”; substituted the present provisions of paragraph (b)(3) for the former provisions, which read: “Upon contracting with a new subcontractor, a contractor or subcontractor shall, as a condition of any contract or subcontract entered into pursuant to this chapter, provide a public employer with notice of the identity of any and all subsequent subcontractors hired or contracted by that contractor or subcontractor. Such notice shall be provided within five business days of entering into a contract or agreement for hire with any subcontractor. Such notice shall include an affidavit from each subsequent contractor attesting to the subcontractor’s name, address, user identification number, and date of authorization to use the federal work authorization program.”; added paragraphs (b)(4) through (b)(7); redesignated former paragraphs (b)(4) and (b)(5) as present paragraphs (b)(8) and (b)(9), respectively; added “or may conduct such an audit upon reasonable grounds to suspect a violation of this subsection” at the end of the first sentence in paragraph (b)(8); in paragraph (b)(9), in the second sentence, substituted a comma for “and” and inserted “sub-subcontractors, and any person”, and added the third through fifth sentences; and added paragraphs (b)(10) and (b)(11). See Editor’s notes for applicability.
The 2013 amendment, effective July 1, 2013, in the introductory paragraph of paragraph (b)(1), deleted “pursuant to this chapter” following “into a contract” in the first sentence; in subparagraph (b)(7)(A), deleted the former first and second sentences, which read: “Not later than December 31 of each year, a public employer shall submit a compliance report to the state auditor certifying compliance with the provisions of this subsection. Such compliance report shall contain the public employer’s federal work authorization program verification user number and date of authorization and the legal name, address, and federal work authorization program user number of the contractor and the date of the contract between the contractor and public employer.”, added the present first sentence, and substituted “Department of Audits and Accounts’ ” for “department’s” near the end of the second sentence.
Editor’s notes.
Ga. L. 2010, p. 308, § 4, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall apply to contracts which are first advertised or otherwise given public notice on or after July 1, 2010.
Ga. L. 2011, p. 794, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Illegal Immigration Reform and Enforcement Act of 2011.’ ”
Ga. L. 2011, p. 794, § 21, not codified by the General Assembly, provides that: “(a) If any provision or part of any provision of this Act or the application of the same is held invalid or unconstitutional, the invalidity shall not affect the other provisions or applications of this Act or any other part of this Act than can be given effect without the invalid provision or application, and to this end, the provisions of this Act are severable.
“(b) The terms of this Act regarding immigration shall be construed to have the meanings consistent with such terms under federal immigration law.
“(c) The provisions of this Act shall be implemented in a manner consistent with federal laws governing immigration and civil rights.”
Ga. L. 2011, p. 794, § 22, not codified by the General Assembly, provides, in part, that the amendment by that Act shall apply to offenses and violations occurring on or after July 1, 2011.
Ga. L. 2013, p. 111, § 2/SB 160, not codified by the General Assembly, provides that: “It is the intent of the General Assembly that all public employers and contractors at every tier and level use the federal work authorization program on all projects, jobs, and work resulting from any bid or contract and that every public employer and contractor working for a public employer take all possible steps to ensure that a legal and eligible workforce is utilized in accordance with federal immigration and employment.”
Law reviews.
For annual survey of labor and employment law, see 58 Mercer L. Rev. 211 (2006).
For article, “The Georgia Security and Immigration Compliance Act: Comprehensive Immigration Reform in Georgia — ‘Think Globally . . . Act Locally’,” see 13 Ga. St. B. J. 14 (2007).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 35 (2011).
For article, “State Government: Illegal Immigration Reform and Enforcement Act of 2011,” see 28 Ga. St. U. L. Rev. 51 (2011).
For comment, “Aliens in a Foreign Field: Examining Whether States have the Authority to Pass Legislation in the Field of Immigration Law,” see 63 Mercer L. Rev. 1077 (2012).
For article on the 2013 amendment of this Code section, see 30 Ga. St. U. L. Rev. 173 (2013).
For annual survey on labor and employment law, see 65 Mercer L. Rev. 157 (2013).