LC 49 0327

LC 49 0327-1 FISCAL NOTE 

PROPOSED: OCGA 20-3-66. Determination of in-state resident status of students for tuition or fees

(a) As used in this Code section, the term:

1) “Dependent student” means an individual under the age of 24 who receives financial support from a parent or United States court appointed legal guardian.

2) “Emancipated” means a minor who, under certain circumstances, may be treated by the law as an adult. A student reaching the age of 18 shall not qualify for consideration of reclassification by virtue of having become emancipated unless he or she can demonstrate financial independence and domicile independent of his or her parents.

(3) “Independent student” means an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court appointed legal guardian and whose parent or guardian has ceased to provide support and right to that individual’s care, custody, and earnings.

b)

(1) An independent student who has established and maintained a domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term shall be classified as in-state for tuition purposes. No student shall gain or acquire in-state classification while attending any postsecondary educational institution in this state without clear evidence of having established domicile in Georgia for purposes other than attending a postsecondary educational institution in this state.

(2) If an independent student classified as in-state for tuition purposes relocates out of state temporarily but returns to the State of Georgia within 12 months of the relocation, such student shall be entitled to retain his or her in-state tuition classification.

(c) (1) A dependent student shall be classified as in-state for tuition purposes if such dependent student’s parent has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term and:

(A) The student has graduated from a Georgia high school; or

(B) The parent claimed the student as a dependent on the parent’s most recent federal or state income tax return.

(2) A dependent student shall be classified as in-state for tuition purposes if such student’s United States court appointed legal guardian has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term, provided that such appointment was not made to avoid payment of out-of-state tuition, and such guardian can provide clear evidence of having established and maintained domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term.

(3) If the parent or United States court appointed legal guardian of a dependent student currently classified as in-state for tuition purposes establishes domicile outside of the State of Georgia after having established and maintained domicile in the State of Georgia, such student may retain his or her in-state tuition classification so long as such student remains continuously enrolled in a public postsecondary educational institution in this state, regardless of the domicile of such student’s parent or United States court appointed legal guardian.

Begin proposed new language:

(d) Except as provided in subsections (b) and (c) of this Code section, a student shall be classified for in-state tuition purposes if he or she satisfies all of the following conditions:

(1) Is not seeking admission to any institution of the University System of Georgia identified by the board of regents as a research university;

(2) Has graduated from a Georgia high school or obtained a valid Georgia general educational development (GED) diploma;

(3) Has independently established and maintained domicile in this state since January 1, 2013, or is the dependent child of a parent who has established and maintained domicile in this state since January 1, 2013;

(4) Has not reached the age of 30 years at the time of initial application for admission to a postsecondary educational institution; and

(5) Is not a nonimmigrant alien within the meaning of 8 U.S.C. Section 1101.

(6) Meets the eligibility criteria set by the United States Department of Homeland Security for deferred action in enforcement of federal immigration laws.

(e) The board of regents is authorized to classify for in-state for tuition purposes a  noncitizen student who is lawfully present in this state and who submits evidence to  warrant consideration of in-state classification.

The below email was sent (forwarded return mail rejected because of bad address on website) to the Fulton County Sheriff Feb 16, 2021 at 12:04 PM, Feb 16, 2021 after phone conversation with staffer. Sent to Pat.labat@ fulto. Also to Fulton Co. Attorney. 

Note: We also sent open records requests to Gwinnett Sheriff and Cobb Sheriff.

Begin forwarded message:

From: “D.A. King” <D

Subject: open records request Re; OCGA 42-4-14

Date: February 16, 2021 at 11:25:23 AM EST

To: Patrick.Labat@ ful

Cc: steven.rosenbev, Dexter.Jenkin, Adam.Le, Derrick.Single

Sheriff Labat,

Please regard this email as my official request for copies of public records.

Please send me copies of any and all documents, emails, phone logs or any record, including electrons (electronic) records in your office pertaining to and or associated with any arrest, custody or incarceration of one Jesus Alvarez De La Rosa who the Atlanta Journal Constitution newspaper reports was booked into the Fulton Co. jail on (or about) Feb 15, 2021.

Please send me copies of any and all documents, emails, records, including electronic records, or phone logs pertaining to and or associated with any communication with federal immigration authorities in the U.S. Department of Homeland Security, including Immigration and Customs Enforcement (ICE) dealing with or associated with the arrest, booking and confinement of the subject named above. My request includes all records in your office relating to the state law (OCGA 42-4-14) that requires your office to use reasonable effort to determine the inmate’s nationality and verify immigration status and to report the inmate to U.S. DHS if he is determined to be an illegal alien.

Please include copies of any and all documents, queries, records, including electronic records, and logs related to communication between your office and the Law Enforcement Support Center (LESC) dealing with the arrest process and or confinement of the above named subject.

I expect my request to be expanded.

Thank you in advance for a timely and relevant response.

As an informative courtesy, I paste below the entire code section OCGA 42-4-14.

D.A. King

Marietta, GA. 30066

O.C.G.A. § 42-4-14

Copy Citation

Current through the 2020 Regular Session of the General Assembly

• GA – Official Code of Georgia Annotated

• TITLE 42. PENAL INSTITUTIONS

• CHAPTER 4. JAILS

• ARTICLE 1. GENERAL PROVISIONS

• 42-4-14. “Illegal alien” defined; determination of nationality of person charged with felony and confined in a jail facility

(a) As used in this Code section, the term “illegal alien” means a person who is verified by the federal government to be present in the United States in violation of federal immigration law.

(b) When any person is confined, for any period, in the jail of a county or municipality or a jail operated by a regional jail authority in compliance with Article 36 of the Vienna Convention on Consular Relations, a reasonable effort shall be made to determine the nationality of the person so confined.

(c) When any foreign national is confined, for any period, in a county or municipal jail, a reasonable effort shall be made to verify that such foreign national has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the foreign national, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated by the federal government. If the foreign national is determined to be an illegal alien, the keeper of the jail or other officer shall notify the United States Department of Homeland Security, or other office or agency designated for notification by the federal government.

(d) Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release; provided, however, that upon verification that any person confined in a jail is an illegal alien, such person may be detained, arrested, and transported as authorized by state and federal law.

(e) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures used to comply with the provisions of this Code section.

History

Code 1981, § 42-4-14, enacted by Ga. L. 2006, p. 105, § 5/SB 529; Ga. L. 2008, p. 1137, § 4/SB 350; Ga. L. 2009, p. 8, § 42/SB 46; Ga. L. 2009, p. 970, § 2/HB 2; Ga. L. 2011, p. 794, § 13/HB 87.

___

I received the below response at 1:28 PM same day. 

Dear D.A. King:

I support the police.
All lives matter.