(Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\001\IMMIGRATION COMPLIANCE MC.DOCX):
EXPLANATION: delete new Immigration Compliance Report proviso (Sanctuary Cities) and replace with language from H4496
Amend the bill, as and if amended, Part IB, Section 117, GENERAL
PROVISIONS, page 510, by amending amendment
h:\legwork\house\amend\council\dg\4950C048.bbm.dg18.docx, by
striking the new proviso (GP: Immigration Compliance Report) in
its entirety any inserting:
/ (GP: Immigration Compliance) A
resident of a political subdivision in this State, the Attorney
General, or both, may bring a civil action in the circuit court
in which the resident and political subdivision are located to
enjoin:
(1)
an enactment by the political subdivision of
any ordinance or policy that intentionally limits or prohibits a
law enforcement officer, local official, or local government
employee from seeking to enforce a state law with regard to
immigration;
(2)
an enactment by the political subdivision of
any ordinance or policy that intentionally limits or prohibits a
law enforcement officer, local official, or local government
employee from communicating to appropriate federal or state
officials regarding the immigration status of a person within
this State; or
(3)
an enactment by the political subdivision of
any ordinance, policy, regulation, or other legislation
pertaining to the employment, licensing, permitting, or
otherwise doing business with a person based upon that person's
authorization to work in the United States, which intentionally
exceeds or conflicts with federal law or that intentionally
conflicts with state law.
A person who is not a
resident of the political subdivision may not bring an action
against the political subdivision pursuant to this provision.
The action must be brought against the political subdivision and
not against an employee of the political subdivision acting in
the employee's individual capacity.
If the court finds that the
political subdivision has intentionally violated this
provision:
(1)
the court shall enjoin the enactment,
action, policy, or practice, and may enter a judgment against
the political subdivision of not less than one thousand dollars
nor more than five thousand dollars for each day that the
enactment, action, policy, or practice remains or remained in
effect; provided, the proceeds from any such judgment must be
used to reimburse the resident's reasonable attorney's fees and
any remaining proceeds must be used to cover the administrative
costs of implementing, investigating, and enforcing the
provisions of Chapter 8, Title 41; and
(2)
the political subdivision may not receive
Local Government Fund appropriations for the current fiscal year
after the finding is made.
Except as provided by federal
law, officers and agencies of this State and political
subdivisions of this State may not be prohibited or restricted
from sending, receiving, or maintaining information related to
the immigration status of any person or exchanging that
information with other federal, state, or local government
entities for the following purposes:
(1)
determining eligibility for any public
benefit, service, or license provided by the federal government,
this State, or a political subdivision of this State;
(2)
verifying any claim of residence or
domicile, if determination of residence or domicile is required
under the laws of this State or a judicial order issued pursuant
to a civil or criminal proceeding in this State;
(3)
determining whether an alien is in
compliance with the federal registration laws prescribed by
Chapter 7, Title II of the federal Immigration and Nationality
Act; or
(4)
pursuant to 8 U.S.C. Section 1373 and 8
U.S.C. Section 1644.
A political subdivision that
pursuant to this provision has been afforded due process and
found by a court to have violated this provision may not receive
Local Government Fund appropriations for the current fiscal year
after the finding is made.
Renumber sections to conform.
Amend totals and titles to conform.