SECTION 9.

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
by adding a new chapter at the end thereof, to be designated Chapter 36, to read as follows:
“CHAPTER 36
50-36-1.
(a) Except as provided in subsection (c) of this Code section or where exempted by federal
law, on or after July 1, 2007, every agency or a political subdivision of this state shall
verify the lawful presence in the United States of any natural person 18 years of age or
older who has applied for state or local public benefits, as defined in 8 U.S.C. Section
1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is
administered by an agency or a political subdivision of this state.
(b) This Code section shall be enforced without regard to race, religion, gender, ethnicity,
or national origin.
(c) Verification of lawful presence under this Code section shall not be required:
(1) For any purpose for which lawful presence in the United States is not required by
law, ordinance, or regulation;
(2) For assistance for health care items and services that are necessary for the treatment
of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the
alien involved and are not related to an organ transplant procedure;
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(3) For short-term, noncash, in-kind emergency disaster relief;
(4) For public health assistance for immunizations with respect to immunizable diseases
and for testing and treatment of symptoms of communicable diseases whether or not such
symptoms are caused by a communicable disease; or
(5) For programs, services, or assistance such as soup kitchens, crisis counseling and
intervention, and short-term shelter specified by the United States Attorney General, in
the United States Attorney General’s sole and unreviewable discretion after consultation
with appropriate federal agencies and departments, which:
(A) Deliver in-kind services at the community level, including through public or
private nonprofit agencies;
(B) Do not condition the provision of assistance, the amount of assistance provided,
or the cost of assistance provided on the individual recipient’s income or resources; and
(C) Are necessary for the protection of life or safety.
(6) For prenatal care; or
(7) For postsecondary education, whereby the Board of Regents of the University System
of Georgia or the State Board of Technical and Adult Education shall set forth, or cause
to be set forth, policies regarding postsecondary benefits that comply with all federal law
including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621,
or 1623.
(d) Verification of lawful presence in the United States by the agency or political
subdivision required to make such verification shall occur as follows:
(1) The applicant must execute an affidavit that he or she is a United States citizen or
legal permanent resident 18 years of age or older; or
(2) The applicant must execute an affidavit that he or she is a qualified alien or
nonimmigrant under the federal Immigration and Nationality Act 18 years of age or older
lawfully present in the United States.
(e) For any applicant who has executed an affidavit that he or she is an alien lawfully
present in the United States, eligibility for benefits shall be made through the Systematic
Alien Verification of Entitlement (SAVE) program operated by the United States
Department of Homeland Security or a successor program designated by the United States
Department of Homeland Security. Until such eligibility verification is made, the affidavit
may be presumed to be proof of lawful presence for the purposes of this Code section.
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(f) Any person who knowingly and willfully makes a false, fictitious, or fraudulent
statement of representation in an affidavit executed pursuant to subsection (d) of this Code
section shall be guilty of a violation of Code Section 16-10-20.(g) Agencies or political subdivisions of this state may adopt variations to the requirements
of this Code section to improve efficiency or reduce delay in the verification process or to
provide for adjudication of unique individual circumstances where the verification
procedures in this Code section would impose unusual hardship on a legal resident of
Georgia.
(h) It shall be unlawful for any agency or a political subdivision of this state to provide any
state, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section
1611, in violation of this Code section. Each state agency or department which administers
any program of state or local public benefits shall provide an annual report with respect to
its compliance with this Code section.
(i) Any and all errors and significant delays by SAVE shall be reported to the United States
Department of Security and to the Secretary of State which will monitor SAVE and its
verification application errors and significant delays and report yearly on such errors and
significant delays to ensure that the application of SAVE is not wrongfully denying benefits
to legal residents of Georgia.
(j) Notwithstanding subsection (f) of this Code section any applicant for federal benefits
as defined in 8 U.S.C. Section 1611 or state or local benefits as defined in 8 U.S.C. Section
1621 shall not be guilty of any crime for executing an affidavit attesting to lawful presence
in the United States that contains a false statement if said affidavit is not required by this
Code section.”
HERE