Definitions; restrictions; requirements

(a) As used in this Code section, the term: (1) ‘‘Agreement’’ means any written private contract for solid waste collection services between a firm and any commercial client. (2) ‘‘Commercial client’’ means any private, nonresidential business entity or person required to have a business license who contracts with a firm for solid waste collection services. (3) ‘‘Displacement’’ means the displacing of any firm’s agreement by annexation, deannexation, or incorporation of a municipality. (4) ‘‘Firm’’ means a private solid waste collection firm. (5) ‘‘Governmental action’’ means the invalidation of any firm’s existing agreement by a local government by a law, rule, or regulation, provided that such law, rule, or regulation is not enacted pursuant to an emergency as declared by the governing authority of the local government. (6) ‘‘Local government’’ means a county, municipal corporation, or any county-municipal consolidated government. (b) Prior to a firm receiving any protection under this Code section, the firm shall first establish that at least 30 days prior to the effective date of any governmental action or displacement, the firm is providing solid waste collection services in the county or municipality pursuant to an agreement. (c) A firm’s agreement with a private commercial entity or person that meets the requirements of subsection (b) of this Code section shall not be invalidated by any governmental action or displacement. This subsection shall not prevent commercial clients from discontinuing an agreement with a firm pursuant to the terms of any agreement such commercial client may have with a firm. (d) Notwithstanding the provisions of this Code section, in order to protect the public health and safety, a local government shall have the authority to adopt local laws, rules, or regulations establishing standards and procedures for the collection and disposal of solid waste and recyclables generated by a commercial client. 1182 36-80-23 History. — Code 1981, § 36-80-22, enacted by Ga. L. 2008, p. 1019, § 1/SB 154. 36-80-23. Prohibition on immigration sanctuary policies by local governmental entities; certification of compliance. (a) As used in this Code section, the term: (1) ‘‘Federal officials or law enforcement officers’’ means any person employed by the United States government for the purpose of enforcing or regulating federal immigration laws and any peace officer certified by the Georgia Peace Officer Standards and Training Council where such federal official or peace officer is acting within the scope of his or her employment for the purpose of enforcing federal immigration laws or preserving homeland security. (2) ‘‘Immigration status’’ means the legality or illegality of an individual’s presence in the United States as determined by federal law. (3) ‘‘Immigration status information’’ means any information, not including any information required by law to be kept confidential but otherwise including but not limited to any statement, document, computer generated data, recording, or photograph, which is relevant to immigration status or the identity or location of an individual who is reasonably believed to be illegally residing within the United States or who is reasonably believed to be involved in domestic terrorism as that term is defined in Code Section 16-4-10 or a terroristic act as that term is defined by Code Section 35-3-62. (4) ‘‘Local governing body’’ means any political subdivision of this state, including any county, consolidated government, municipality, authority, school district, commission, board, or any other local public body corporate, governmental unit, or political subdivision. (5) ‘‘Local official or employee’’ means any elected or appointed official, supervisor or managerial employee, contractor, agent, or certified peace officer acting on behalf of or in conjunction with a local governing body. (6) ‘‘Sanctuary policy’’ means any regulation, rule, policy, or practice adopted by a local governing body which prohibits or restricts local officials or employees from communicating or cooperating with federal officials or law enforcement officers with regard to reporting immigration status information while such local official or employee is acting within the scope of his or her official duties. (b) No local governing body, whether acting through its governing body or by an initiative, referendum, or any other process, shall enact, adopt, implement, or enforce any sanctuary policy. 1183 36-80-24 (c) Any local governing body that acts in violation of this Code section shall be subject to the withholding of state funding or state administered federal funding other than funds to provide services specified in subsection (d) of Code Section 50-36-1. (d) As a condition of funding, the Department of Community Affairs, the Department of Transportation, or any other state agency that provides funding to local governing bodies shall require certification pursuant to Code Section 50-36-4 as proof of compliance with this Code section. History. — Code 1981, § 36-80-23, enacted by Ga. L. 2009, p. 734, § 1/SB 20; Ga. L. 2013, p. 111, § 5/SB 160; Ga. L. 2016, p. 244, § 1/SB 269. Editor’s notes. — 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.’’