Limitations on authority of council

Notwithstanding any provision in this chapter to the contrary, the council shall not exercise any power, undertake any duty, or perform any function assigned by law to the Governor, the Attorney General, or any of the prosecuting or investigatory agencies at the state or local level. History. — Ga. L. 1981, p. 1306, § 8. 35-6A-9. Preparation of budget requests; appropriations; gifts, grants, and donations of property and services. (a) The council shall prepare a budget request in the same manner as any such request would be prepared by a budget unit under Part 1 of Article 4 of Chapter 12 of Title 45, the ‘‘Budget Act,’’ and a separate appropriation shall be provided for the council in the general appropriations Act. (b) The council shall be authorized to accept and use gifts, grants, and donations for the purpose of carrying out this chapter. The council shall also be authorized to accept and use property, both real and personal, and services, for the purpose of carrying out this chapter. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the Georgia Bureau of Investigation; and such funds, property, or services so received as gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control and subject to the direction of the council to carry out this chapter. History. — Ga. L. 1981, p. 1306, § 9; Ga. L. 2010, p. 875, § 3/SB 173. 199 35-6A-10 35-6A-10. Incentives for using federal Department of Homeland Security’s Secure Communities initiative; obligations of council. (a) Subject to available funding, the council shall establish a grant or incentive program for the provision of funds to local law enforcement agencies as incentive to such agencies to use the federal Department of Homeland Security’s Secure Communities initiative or any successor or similar program and shall establish an incentive program and a grant program to offset the costs for local law enforcement agencies to enter into and implement memorandums of agreement with federal agencies under Section 287(g) of the federal Immigration and Nationality Act. In awarding such grants or incentives, the council shall be authorized to consider and give priority to local areas with the highest crime rates for crimes committed by illegal aliens. (b) The council shall: (1) Subject to available funding, provide incentive programs and grants to local law enforcement agencies for utilizing federal resources and for entering into agreements with federal agencies for the enforcement of immigration law; (2) Provide technical assistance to local governments and agencies for obtaining and qualifying for incentive programs and grant funds to utilize available federal resources and to enter into and implement such agreements provided for in subsection (a) of this Code section; (3) Communicate information regarding the availability of federal resources and agreements provided for in subsection (a) of this Code section and the availability of related incentive programs and grant funds and post such information on the agency’s official Internet website; (4) Provide technical assistance and information regarding the process for contacting federal agencies, utilizing federal resources, and entering into agreements provided for in subsection (a) of this Code section and post such information on the agency’s official Internet website; and (5) Support state-wide campaigns and information programs in an effort to encourage every local law enforcement agency in this state to utilize federal resources and enter into agreements for the enforcement of state and federal immigration law. History. — Code 1981, § 35-6A-10, enacted by Ga. L. 2011, p. 794, § 11/HB 87. Editor’s notes. — Ga. L. 2011, p. 794, § 1/HB 87, 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/HB 87, not codified by the General Assembly, pro- 200 vides for severability, and provides, in part, that: ‘‘(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/HB 87, not codified by the General Assembly, provides, in part, that the enactment of this 35-6A-11 Code section shall apply to offenses and violations occurring on or after July 1, 2011. This Code section formerly pertained to the repeal of this chapter. The former Code section was based on Ga. L. 1981, p. 1306, § 11; and Ga. L. 1981 Ex. Sess., p. 8 and was repealed by Ga. L. 1983, p. 518, § 2, effective March 15, 1983.