| 1 | 1 | | 25 LC 28 0654 |
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| 2 | 2 | | House Bill 82 |
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| 3 | 3 | | By: Representatives Reeves of the 99 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Martinez of the 111 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Oliver of the 84 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Powell of |
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| 10 | 10 | | the 33 |
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| 11 | 11 | | rd |
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| 12 | 12 | | , Werkheiser of the 157 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial |
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| 18 | 18 | | 1 |
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| 19 | 19 | | relations, so as to provide for a state administered guest worker program under the2 |
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| 20 | 20 | | Commissioner of Labor; to provide for the purpose of such program; to provide definitions;3 |
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| 21 | 21 | | to provide for the procedures for such program and the requirements to participate in such4 |
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| 22 | 22 | | program; to provide for authorizations to participate in such program, identification cards,5 |
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| 23 | 23 | | and renewals of authorizations; to provide for penalties for violations; to provide for the6 |
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| 24 | 24 | | promulgation of rules and regulations; to provide for contingent effectiveness; to provide a7 |
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| 25 | 25 | | short title; to provide for related matters; to provide for an effective date; to repeal conflicting8 |
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| 26 | 26 | | laws; and for other purposes.9 |
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| 27 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 28 | 28 | | SECTION 1.11 |
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| 29 | 29 | | This Act shall be known and may be cited as the "Georgia Guest Worker Act."12 |
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| 30 | 30 | | SECTION 2.13 |
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| 31 | 31 | | Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,14 |
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| 32 | 32 | | is amended by revising Chapter 11, which was previously reserved, to read as follows:15 |
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| 33 | 33 | | H. B. 82 |
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| 34 | 34 | | - 1 - 25 LC 28 0654 |
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| 35 | 35 | | "CHAPTER 11 |
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| 36 | 36 | | 16 |
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| 37 | 37 | | 34-11-1.17 |
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| 38 | 38 | | The Commissioner of Labor shall create a state administered guest worker program within |
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| 39 | 39 | | 18 |
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| 40 | 40 | | the Department of Labor. Such program shall conform to the provisions of this chapter and19 |
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| 41 | 41 | | to applicable federal laws, rules, and regulations. Reserved.20 |
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| 42 | 42 | | 34-11-2.21 |
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| 43 | 43 | | The state administered guest worker program shall be for the purpose of filling needed22 |
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| 44 | 44 | | labor shortages in the State of Georgia through the hiring by employers within this state of23 |
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| 45 | 45 | | willing citizens of other nations to perform work in this state for limited periods of time.24 |
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| 46 | 46 | | 34-11-3.25 |
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| 47 | 47 | | (a) As used in this chapter, the term:26 |
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| 48 | 48 | | (1) 'Commissioner' means the Commissioner of Labor.27 |
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| 49 | 49 | | (2) 'Department' means the Department of Labor.28 |
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| 50 | 50 | | (3) 'Guest worker' means a citizen of another country allowed to work in this state29 |
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| 51 | 51 | | pursuant to the program established by this chapter.30 |
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| 52 | 52 | | (4) 'Guest worker program' or 'program' means the program created by the Commissioner31 |
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| 53 | 53 | | and administered by the State of Georgia as provided for in this chapter.32 |
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| 54 | 54 | | (b) Before any citizen of another country may be hired and allowed to come into this state33 |
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| 55 | 55 | | under the guest worker program, the Commissioner shall conduct a study or studies to34 |
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| 56 | 56 | | determine if there is a labor shortage in this state and, if a labor shortage is found to exist,35 |
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| 57 | 57 | | determine the industries in which any such shortage exists and the scope of the shortage. 36 |
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| 58 | 58 | | A labor shortage shall exist only when the Commissioner, based upon a study or studies37 |
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| 59 | 59 | | of the labor force in this state, determines that there is an insufficient number of qualified38 |
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| 60 | 60 | | citizens of the United States or persons who are citizens of other countries who are legally39 |
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| 61 | 61 | | H. B. 82 |
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| 62 | 62 | | - 2 - 25 LC 28 0654 |
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| 63 | 63 | | present in the United States available to fill the job openings in this state in a particular40 |
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| 64 | 64 | | industry and employing foreign laborers under the program created by this chapter will not41 |
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| 65 | 65 | | adversely affect other currently employed workers in this state. If the Commissioner42 |
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| 66 | 66 | | determines that such a labor shortage does exist in this state in an industry, the43 |
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| 67 | 67 | | Commissioner shall determine the magnitude of such shortage and utilize such44 |
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| 68 | 68 | | determination to establish the number of guest workers to be allowed for such industry45 |
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| 69 | 69 | | under the guest worker program.46 |
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| 70 | 70 | | 34-11-4.47 |
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| 71 | 71 | | (a) A guest worker may be recruited for employment under this chapter only while48 |
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| 72 | 72 | | currently present and living in his or her country of citizenship or while currently present49 |
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| 73 | 73 | | in the United States pursuant to a valid visa. A person who is not a citizen of the United50 |
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| 74 | 74 | | States shall not be allowed to participate in the guest worker program if such person:51 |
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| 75 | 75 | | (1) Has been previously refused admission into the United States;52 |
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| 76 | 76 | | (2) Has been deported from the United States;53 |
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| 77 | 77 | | (3) Has been convicted of a felony or crime involving moral turpitude or any act which54 |
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| 78 | 78 | | if committed in this state would constitute reckless driving under Code Section 40-6-39055 |
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| 79 | 79 | | or driving under the influence of drugs, alcohol, or other intoxicating substances under56 |
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| 80 | 80 | | Code Section 40-6-391; or57 |
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| 81 | 81 | | (4) Does not meet the qualifications for entry into the United States established by the58 |
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| 82 | 82 | | federal government.59 |
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| 83 | 83 | | (b) If required or provided for in federal law, a guest worker hired and participating in the60 |
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| 84 | 84 | | guest worker program may bring only immediate family members to accompany such guest61 |
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| 85 | 85 | | worker. Immediate family members shall be limited to the guest worker's spouse and62 |
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| 86 | 86 | | minor children.63 |
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| 87 | 87 | | H. B. 82 |
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| 88 | 88 | | - 3 - 25 LC 28 0654 |
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| 89 | 89 | | 34-11-5.64 |
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| 90 | 90 | | An employer in this state that desires to recruit and hire guest workers pursuant to this65 |
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| 91 | 91 | | chapter shall agree to:66 |
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| 92 | 92 | | (1) Pay a fee to the department established by the Commissioner to offset the costs of67 |
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| 93 | 93 | | administering the guest worker program;68 |
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| 94 | 94 | | (2) Recruit a guest worker only from such worker's country of citizenship or currently69 |
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| 95 | 95 | | in the United States pursuant to a valid visa;70 |
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| 96 | 96 | | (3) Provide health insurance for such guest worker employed by such employer or ensure71 |
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| 97 | 97 | | that such guest worker has and maintains health insurance while in this state. Such health72 |
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| 98 | 98 | | insurance shall include each family member accompanying such guest worker;73 |
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| 99 | 99 | | (4) If required or provided for in federal law, provide housing for such guest worker and74 |
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| 100 | 100 | | accompanying family members through housing provided by the employer or rental or75 |
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| 101 | 101 | | public housing. The Commissioner shall provide for standards for such housing;76 |
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| 102 | 102 | | (5) Provide workers' compensation insurance coverage in compliance with state law77 |
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| 103 | 103 | | covering injury and disease arising out of and in the course of the guest worker's78 |
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| 104 | 104 | | employment. If the type of employment for which the guest worker is to be employed79 |
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| 105 | 105 | | is not covered by or is exempt from the state workers' compensation law, the employer80 |
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| 106 | 106 | | shall provide, at no cost to the guest worker, insurance covering injury and disease arising81 |
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| 107 | 107 | | out of and in the course of such guest worker's employment that will provide benefits at82 |
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| 108 | 108 | | least equal to those provided under the state workers' compensation law for other83 |
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| 109 | 109 | | comparable employment;84 |
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| 110 | 110 | | (6) Provide to the guest worker, without charge or deposit charge, all tools, supplies, and85 |
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| 111 | 111 | | equipment required to perform the duties assigned;86 |
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| 112 | 112 | | (7) If required or provided for in federal law, provide each guest worker with three meals87 |
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| 113 | 113 | | a day or furnish free and convenient cooking and kitchen facilities to the guest worker88 |
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| 114 | 114 | | that will enable the guest worker to prepare his or her own meals. Where the employer89 |
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| 115 | 115 | | provides meals, the job offer shall state the charge, if any, to the guest worker for such90 |
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| 116 | 116 | | H. B. 82 |
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| 117 | 117 | | - 4 - 25 LC 28 0654 |
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| 118 | 118 | | meals; provided, however, that the charges shall not exceed the costs of providing such91 |
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| 119 | 119 | | meals;92 |
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| 120 | 120 | | (8) Pay the guest worker at least the Adverse Effect Wage Rate established by the United93 |
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| 121 | 121 | | States Department of Labor; a prevailing wage set by the Commissioner; an agreed-upon94 |
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| 122 | 122 | | collective bargaining rate; the federal minimum wage; or the minimum wage of the State95 |
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| 123 | 123 | | of Georgia, whichever is highest, for every hour or portion thereof worked during a pay96 |
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| 124 | 124 | | period by the guest worker. As used in this paragraph, the term 'hours worked' shall have97 |
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| 125 | 125 | | the same meaning as set forth in the federal Fair Labor Standards Act, 29 U.S.C. 201, et98 |
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| 126 | 126 | | seq.;99 |
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| 127 | 127 | | (9) Pay the guest worker's costs of transportation, as established by rule and regulation,100 |
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| 128 | 128 | | from the guest worker's country of citizenship to this state and the cost to return upon101 |
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| 129 | 129 | | completion of such guest worker's employment contract or the termination without cause102 |
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| 130 | 130 | | of such guest worker's employment contract;103 |
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| 131 | 131 | | (10) If required or provided for in federal law, pay the costs of transportation to and from104 |
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| 132 | 132 | | the housing provided to the guest worker to the place of employment; 105 |
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| 133 | 133 | | (11) Pay or ensure the payment of all payroll taxes for such guest worker assessed by the106 |
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| 134 | 134 | | federal government or the State of Georgia for guest workers;107 |
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| 135 | 135 | | (12) Ensure that each guest worker employed by such employer under the guest worker108 |
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| 136 | 136 | | program returns to the guest worker's country of citizenship upon termination of109 |
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| 137 | 137 | | employment or eligibility under the guest worker program; and110 |
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| 138 | 138 | | (13) Inform the department of the abandonment by the guest worker of such guest111 |
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| 139 | 139 | | worker's employment within three days of any such abandonment of employment by such112 |
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| 140 | 140 | | guest worker.113 |
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| 141 | 141 | | H. B. 82 |
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| 142 | 142 | | - 5 - 25 LC 28 0654 |
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| 143 | 143 | | 34-11-6.114 |
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| 144 | 144 | | (a) A guest worker and accompanying family members shall be authorized to participate115 |
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| 145 | 145 | | in the guest worker program for a period of one year from the date such guest worker is116 |
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| 146 | 146 | | hired. Such authorization may be renewed for additional one-year periods, provided that:117 |
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| 147 | 147 | | (1) The employer agrees to continue the employment of such guest worker under the118 |
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| 148 | 148 | | terms and conditions set forth in this chapter and any rules and regulations promulgated119 |
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| 149 | 149 | | by the Commissioner and agrees to pay the fee established by the Commissioner to offset120 |
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| 150 | 150 | | the costs of the guest worker program; and121 |
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| 151 | 151 | | (2) The Commissioner of Labor certifies that there is a continuing labor shortage in the122 |
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| 152 | 152 | | industry in which such guest worker is employed and there is a need for the continued123 |
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| 153 | 153 | | employment of such guest worker to alleviate such labor shortage.124 |
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| 154 | 154 | | (b) Application for authorization to continue as a guest worker shall be filed not more than125 |
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| 155 | 155 | | 60 days and not less than 30 days prior to the termination date of the existing authorization126 |
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| 156 | 156 | | to be a guest worker. Provided that such application is timely filed, such guest worker may127 |
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| 157 | 157 | | continue to be employed under the guest worker's existing authorization until such time as128 |
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| 158 | 158 | | the department rules on the application.129 |
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| 159 | 159 | | (c) The Commissioner shall provide each guest worker and each family member130 |
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| 160 | 160 | | accompanying such guest worker with an identification card bearing a photograph of the131 |
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| 161 | 161 | | guest worker or family member along with the guest worker's or family member's name132 |
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| 162 | 162 | | and other identifying information that the Commissioner deems necessary. The guest133 |
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| 163 | 163 | | worker shall carry such identification card with him or her at all times and shall display it134 |
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| 164 | 164 | | upon request to representatives of the department and law enforcement officers of this135 |
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| 165 | 165 | | state. If the valid visa issued to the guest worker contains the information required by this136 |
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| 166 | 166 | | subsection, such visa may be used in lieu of the state identification card provided for under137 |
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| 167 | 167 | | this subsection.138 |
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| 168 | 168 | | H. B. 82 |
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| 169 | 169 | | - 6 - 25 LC 28 0654 |
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| 170 | 170 | | 34-11-7.139 |
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| 171 | 171 | | (a) Any employer participating in the guest worker program that violates any provision of140 |
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| 172 | 172 | | this chapter or any rule or regulation promulgated by the Commissioner shall be subject to141 |
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| 173 | 173 | | a civil fine of not more than $5,000.00 for each such violation.142 |
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| 174 | 174 | | (b) Any person who participates in the guest worker program as a guest worker who fails143 |
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| 175 | 175 | | or refuses to return to his or her country of citizenship within 30 days following the144 |
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| 176 | 176 | | termination of his or her employment as a guest worker or within 30 days of the expiration145 |
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| 177 | 177 | | of his or her status as a guest worker shall be guilty of a felony and, upon conviction146 |
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| 178 | 178 | | thereof, shall be punished by imprisonment for a period of not less than one nor more than147 |
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| 179 | 179 | | five years or a fine of not more than $10,000.00, or both.148 |
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| 180 | 180 | | 34-11-8.149 |
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| 181 | 181 | | The Commissioner shall be authorized to promulgate such rules and regulations as150 |
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| 182 | 182 | | necessary to implement the provisions of this chapter.151 |
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| 183 | 183 | | 34-11-9.152 |
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| 184 | 184 | | The provisions of this chapter shall become effective on the first day of the third month153 |
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| 185 | 185 | | following a finding by the Attorney General that the program established under this chapter154 |
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| 186 | 186 | | may be lawfully administered under the laws of the State of Georgia and the United States."155 |
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| 187 | 187 | | SECTION 3.156 |
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| 188 | 188 | | This Act shall become effective upon its approval by the Governor or upon its becoming law157 |
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| 189 | 189 | | without such approval.158 |
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| 190 | 190 | | SECTION 4.159 |
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| 191 | 191 | | All laws and parts of laws in conflict with this Act are repealed.160 |
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| 192 | 192 | | H. B. 82 |
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| 193 | 193 | | - 7 - |
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