SFA to HB 295 to HB 295

SENATE AMENDMENT #1 TO HB 295 ADOPTED SENATE Amend HB 295 (LC 63 0070S) by inserting after "sovereign immunity;" on line 9 the following: 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 waive sovereign and governmental immunities for local governments and their officials and employees for a violation of the prohibition on immigration sanctuary policies; to amend Code Section 42-1-11.5 of the Official Code of Georgia Annotated, relating to compliance with immigration detainer notices, so as to provide for immunity waivers;to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide for public disclosure of certain documents; By inserting after line 134 the following: SECTION 2. 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 subsection to Code Section 36-80-23, relating to prohibition on immigration sanctuary policies by local governmental entities, certification of compliance, and punishment, to read as follows: "(f) In the event that a local governing body acts in violation of this Code section, the sovereign immunity of such local governing body and the governmental immunity of all local officials and employees of such local governing body is waived in all matters arising from or resulting in the violation of this Code section." SECTION 3. Code Section 42-1-11.5 of the Official Code of Georgia Annotated, relating to compliance with immigration detainer notices, is amended by revising said Code section as follows: "42-1-11.5. (a) As used in this Code section, the term: (1) 'Custodial authority' means the commissioner if a person is in physical custody at a penal institution, the sheriff if a person is in physical custody at a county jail, the warden if a person is in physical custody at county correctional institution, and the chief of police if a person is in physical custody at a municipal detention facility. (2) 'Immigration detainer notice' means documentation issued by the federal government requesting that a custodial authority maintain temporary custody of an illegal alien as such term is defined in Code Section 42-4-14, including a United States Department of Homeland Security Form I-247 document or a similar successor form. (b) Any custodial authority who has custody of a person who is subject to an immigration detainer notice shall: (1) Comply with, honor, and fulfill any request made in the immigration detainer notice; and (2) Inform the person identified in the immigration detainer notice that the person is being held pursuant to such notice. (c) In the event that a custodial authority acts in violation of this Code section, the sovereign and other governmental immunities of such custodial authority are waived in all matters arising from or resulting in the violation of this Code section." SECTION 4. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by adding a new Code section to read as follows: "50-18-79. (a) If any claim of an unlawful employment practice made against the General Assembly, the House of Representatives, the Senate, or any member, office, or employee thereof, including, but not limited to, a claim of sexual harassment, discriminatory harassment, discrimination, or retaliation, is resolved in whole or in part by a settlement agreement, a memorandum of agreement or understanding, or other similar document, however denominated, such agreement shall be subject to public disclosure with the claimant's identity redacted. For purposes of this subsection exclusively, the General Assembly shall be an agency. This subsection shall be applied retroactively. (b) Except as provided for in subsection (a) of this Code section, nothing in this Code section shall be construed or applied so as to subject the General Assembly to the provisions of Code Sections 50-18-70 through 50-18-78 or Chapter 14 of this title." By redesignating Section 2 as Section 5.