13-10-90. Definitions.

Code 1981, § 13-10-90, enacted by Ga. L. 2006, p. 105, § 2/SB 529; Ga. L. 2010, p. 308, § 2/SB 447; Ga. L. 2011, p. 794, § 2/HB 87; Ga. L. 2013, p. 111, § 1/SB 160.

The 2011 amendment, effective July 1, 2011, deleted “the Georgia Department of” following “Commissioner of” in paragraph (1); added paragraph (2); redesignated former paragraphs (2) through (4) as present paragraphs (3) through (6), respectively; in paragraph (3), inserted “employment eligibility” near the end and substituted “commonly known as E-Verify, or any subsequent replacement program” for “pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603” at the end; in paragraph (4), inserted “within this state” in two places; added “with more than one employee” at the end of paragraph (5); rewrote paragraph (6); and added paragraph (7). See Editor’s notes for applicability. The 2013 amendment, effective July 1, 2013, deleted “with a public employer” at the end of paragraph (2); rewrote paragraph (4), which read: “‘Physical performance of services’ means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to public real property within this state, including the construction, reconstruction, or maintenance of all or part of a public road; or any other performance of labor for a public employer within this state under a contract or other bidding process.”; in paragraph (5), substituted “this state or a political subdivision of this state” for “the state or a political subdivision of the state with more than one employee”; and in paragraph (6), inserted “, subcontractor, or sub-subcontractor”.

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.”

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 article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 173 (2013).