Bill Text: GA SB7 | 2011-2012 | Regular Session | Introduced

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Bill Title: Workers' Compensation; benefits not paid to noncitizens who are not employed legally

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2011-01-25 - Senate Read and Referred [SB7 Detail]

Download: Georgia-2011-SB7-Introduced.html

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11 LC 21 0974

Senate Bill 7

By: Senators Heath of the 31st, Rogers of the 21st, Murphy of the 27th, Mullis of the 53rd, Loudermilk of the 52nd and others

A BILL TO BE ENTITLED
AN ACT

To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to provide that benefits under such chapter shall not be paid to noncitizens who are not employed legally; to provide that such payments shall not be made unless the noncitizen is present in this country legally at the time such payments are made; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, is amended by adding a new Code section to read as follows:

"34-9-26.

(a) Wage loss and medical benefits for a work related injury or disease shall not be paid under this chapter to an alien unless he or she is an individual who was lawfully admitted for permanent residence at the time the injury or disease occurred, was lawfully present for the purposes of performing the services that resulted in the work related injury or disease, or was permanently residing in the United States under color of law at the time the services that resulted in the work related injury or disease were performed.

(b) No wage loss and medical benefit for a work related injury or disease shall be paid under this chapter to an alien unless he or she is present in this country legally at the time such payment is made.

(c) Any data or information required of an individual applying for benefits to determine whether benefits are payable to the individual because of the individual's alien status must be uniformly required from all applicants for benefits.

(d) In the case of an individual whose application for benefits would otherwise be approved, a determination that benefits to the individual are not payable because of the individual's alien status may not be made except upon a preponderance of the evidence."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.