House Bill 82
By: Representatives Reeves of the 99th, Martinez of the 111th, Oliver of the 84th, Powell of
the 33rd, Werkheiser of the 157th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial
relations, so as to provide for a state administered guest worker program under the
Commissioner of Labor; to provide for the purpose of such program; to provide definitions;
to provide for the procedures for such program and the requirements to participate in such
program; to provide for authorizations to participate in such program, identification cards,
and renewals of authorizations; to provide for penalties for violations; to provide for the
promulgation of rules and regulations; to provide for contingent effectiveness; to provide a
short title; to provide for related matters; to provide for an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Guest Worker Act."
SECTION 2.
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,
is amended by revising Chapter 11, which was previously reserved, to read as follows:
"CHAPTER 11
34-11-1.
<ins>The Commissioner of Labor shall create a state administered guest worker program within
the Department of Labor. Such program shall conform to the provisions of this chapter and
to applicable federal laws, rules, and regulations.</ins> <del>Reserved.
</del> <ins>34-11-2.
The state administered guest worker program shall be for the purpose of filling needed
labor shortages in the State of Georgia through the hiring by employers within this state of
willing citizens of other nations to perform work in this state for limited periods of time.
34-11-3.
(a) As used in this chapter, the term:
(1) 'Commissioner' means the Commissioner of Labor.
(2) 'Department' means the Department of Labor.
(3) 'Guest worker' means a citizen of another country allowed to work in this state
pursuant to the program established by this chapter.
(4) 'Guest worker program' or 'program' means the program created by the Commissioner
and administered by the State of Georgia as provided for in this chapter.
(b) Before any citizen of another country may be hired and allowed to come into this state
under the guest worker program, the Commissioner shall conduct a study or studies to
determine if there is a labor shortage in this state and, if a labor shortage is found to exist,
determine the industries in which any such shortage exists and the scope of the shortage.
A labor shortage shall exist only when the Commissioner, based upon a study or studies
of the labor force in this state, determines that there is an insufficient number of qualified
citizens of the United States or persons who are citizens of other countries who are legally
</ins>
<ins>present in the United States available to fill the job openings in this state in a particular
industry and employing foreign laborers under the program created by this chapter will not
adversely affect other currently employed workers in this state. If the Commissioner
determines that such a labor shortage does exist in this state in an industry, the
Commissioner shall determine the magnitude of such shortage and utilize such
determination to establish the number of guest workers to be allowed for such industry
under the guest worker program.
34-11-4.
(a) A guest worker may be recruited for employment under this chapter only while
currently present and living in his or her country of citizenship or while currently present
in the United States pursuant to a valid visa. A person who is not a citizen of the United
States shall not be allowed to participate in the guest worker program if such person:
(1) Has been previously refused admission into the United States;
(2) Has been deported from the United States;
(3) Has been convicted of a felony or crime involving moral turpitude or any act which
if committed in this state would constitute reckless driving under Code Section 40-6-390
or driving under the influence of drugs, alcohol, or other intoxicating substances under
Code Section 40-6-391; or
(4) Does not meet the qualifications for entry into the United States established by the
federal government.
(b) If required or provided for in federal law, a guest worker hired and participating in the
guest worker program may bring only immediate family members to accompany such guest
worker. Immediate family members shall be limited to the guest worker's spouse and
minor children.
</ins>
<ins>34-11-5.
An employer in this state that desires to recruit and hire guest workers pursuant to this
chapter shall agree to:
(1) Pay a fee to the department established by the Commissioner to offset the costs of
administering the guest worker program;
(2) Recruit a guest worker only from such worker's country of citizenship or currently
in the United States pursuant to a valid visa;
(3) Provide health insurance for such guest worker employed by such employer or ensure
that such guest worker has and maintains health insurance while in this state. Such health
insurance shall include each family member accompanying such guest worker;
(4) If required or provided for in federal law, provide housing for such guest worker and
accompanying family members through housing provided by the employer or rental or
public housing. The Commissioner shall provide for standards for such housing;
(5) Provide workers' compensation insurance coverage in compliance with state law
covering injury and disease arising out of and in the course of the guest worker's
employment. If the type of employment for which the guest worker is to be employed
is not covered by or is exempt from the state workers' compensation law, the employer
shall provide, at no cost to the guest worker, insurance covering injury and disease arising
out of and in the course of such guest worker's employment that will provide benefits at
least equal to those provided under the state workers' compensation law for other
comparable employment;
(6) Provide to the guest worker, without charge or deposit charge, all tools, supplies, and
equipment required to perform the duties assigned;
(7) If required or provided for in federal law, provide each guest worker with three meals
a day or furnish free and convenient cooking and kitchen facilities to the guest worker
that will enable the guest worker to prepare his or her own meals. Where the employer
provides meals, the job offer shall state the charge, if any, to the guest worker for such
</ins>
<ins>meals; provided, however, that the charges shall not exceed the costs of providing such
meals;
(8) Pay the guest worker at least the Adverse Effect Wage Rate established by the United
States Department of Labor; a prevailing wage set by the Commissioner; an agreed-upon
collective bargaining rate; the federal minimum wage; or the minimum wage of the State
of Georgia, whichever is highest, for every hour or portion thereof worked during a pay
period by the guest worker. As used in this paragraph, the term 'hours worked' shall have
the same meaning as set forth in the federal Fair Labor Standards Act, 29 U.S.C. 201, et
seq.;
(9) Pay the guest worker's costs of transportation, as established by rule and regulation,
from the guest worker's country of citizenship to this state and the cost to return upon
completion of such guest worker's employment contract or the termination without cause
of such guest worker's employment contract;
(10) If required or provided for in federal law, pay the costs of transportation to and from
the housing provided to the guest worker to the place of employment;
(11) Pay or ensure the payment of all payroll taxes for such guest worker assessed by the
federal government or the State of Georgia for guest workers;
(12) Ensure that each guest worker employed by such employer under the guest worker
program returns to the guest worker's country of citizenship upon termination of
employment or eligibility under the guest worker program; and
(13) Inform the department of the abandonment by the guest worker of such guest
worker's employment within three days of any such abandonment of employment by such
guest worker.
</ins>
<ins>34-11-6.
(a) A guest worker and accompanying family members shall be authorized to participate
in the guest worker program for a period of one year from the date such guest worker is
hired. Such authorization may be renewed for additional one-year periods, provided that:
(1) The employer agrees to continue the employment of such guest worker under the
terms and conditions set forth in this chapter and any rules and regulations promulgated
by the Commissioner and agrees to pay the fee established by the Commissioner to offset
the costs of the guest worker program; and
(2) The Commissioner of Labor certifies that there is a continuing labor shortage in the
industry in which such guest worker is employed and there is a need for the continued
employment of such guest worker to alleviate such labor shortage.
(b) Application for authorization to continue as a guest worker shall be filed not more than
60 days and not less than 30 days prior to the termination date of the existing authorization
to be a guest worker. Provided that such application is timely filed, such guest worker may
continue to be employed under the guest worker's existing authorization until such time as
the department rules on the application.
(c) The Commissioner shall provide each guest worker and each family member
accompanying such guest worker with an identification card bearing a photograph of the
guest worker or family member along with the guest worker's or family member's name
and other identifying information that the Commissioner deems necessary. The guest
worker shall carry such identification card with him or her at all times and shall display it
upon request to representatives of the department and law enforcement officers of this
state. If the valid visa issued to the guest worker contains the information required by this
subsection, such visa may be used in lieu of the state identification card provided for under
this subsection.
</ins>
<ins>34-11-7.
(a) Any employer participating in the guest worker program that violates any provision of
this chapter or any rule or regulation promulgated by the Commissioner shall be subject to
a civil fine of not more than $5,000.00 for each such violation.
(b) Any person who participates in the guest worker program as a guest worker who fails
or refuses to return to his or her country of citizenship within 30 days following the
termination of his or her employment as a guest worker or within 30 days of the expiration
of his or her status as a guest worker shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment for a period of not less than one nor more than
five years or a fine of not more than $10,000.00, or both.
34-11-8.
The Commissioner shall be authorized to promulgate such rules and regulations as
necessary to implement the provisions of this chapter.
34-11-9.
The provisions of this chapter shall become effective on the first day of the third month
following a finding by the Attorney General that the program established under this chapter
may be lawfully administered under the laws of the State of Georgia and the United States."
</ins> SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.