| Last Action | 03/18/20: returned to Judiciary (H) |
|---|---|
| Title | AN ACT relating to federal immigration cooperation. |
| Bill Documents |
Current/Final
Introduced |
| Fiscal Impact Statements |
Local Mandate
Additional Fiscal Impact Statements Exist |
| Bill Request Number | 1163 |
| Sponsors | D. Carroll, J. Schickel, R. Alvarado, C. Embry Jr., R. Girdler, P. Hornback, S. Meredith, R. Mills, D. Thayer, S. West, P. Wheeler, M. Wilson, M. Wise |
| Summary of Original Version | Create new sections of KRS Chapter 61 to prohibit law enforcement agencies, law enforcement officials, employees of a law enforcement agency or public agencies, public officials, or employees of a public agency or public institution operating under KRS Chapter 164 from enacting, adopting, or otherwise enforcing any sanctuary policy relating to immigration; require law enforcement officials, representatives, agents, and employees of law enforcement agencies, public officials, representatives, agents, and employees of public agencies to use their best efforts, considering available resources, to support the enforcement of federal immigration law; exempt school districts, district boards of education, public charter schools, and employees and contractors from the provisions of the section; provide that any immigration sanctuary policy adopted prior to or after the effective date of the Act in violation of Section 1 of the Act is invalid, void, and unenforceable; allow the Governor, Attorney General, or any state constitutional officer to bring an action for enforcement through injunctive action; establish a short title . |
| Index Headings of Original Version |
Courts - Ability to seek injunctive relief in matters relating to support of federal immigration law Courts - Injunctive relief in matters relating to support of federal immigration law, Governor's powers Education, Higher - Sanctuary policies, prohibitions relative thereto Public Officers and Employees - Sanctuary policies, prohibitions relative thereto Counties, Urban - Support of enforcement of federal immigration law, requirements relative thereto Education, Higher - Support of enforcement of federal immigration law, requirements relative thereto Governor - Ability to seek injunctive relief in matters relating to sanctuary policies Governor - Ability to seek injunctive relief in matters relating to support of federal immigration law Jails and Jailers - Sanctuary policies, prohibitions relative thereto Jails and Jailers - Support of enforcement of federal immigration law, requirements relative thereto Local Government - Sanctuary policies, prohibitions relative thereto Local Government - Support of enforcement of federal immigration law, requirements relative thereto Peace Officers and Law Enforcement - Sanctuary policies, prohibitions relative thereto Peace Officers and Law Enforcement - Support of enforcement of federal immigration law, requirements relative thereto Police, City and County - Sanctuary policies, prohibitions relative thereto Police, City and County - Support of enforcement of federal immigration law, requirements relative thereto Public Authorities - Sanctuary policies, prohibitions relative thereto Public Officers and Employees - Support of enforcement of federal immigration law, requirements relative thereto Sheriffs - Sanctuary policies, prohibitions relative thereto Sheriffs - Support of enforcement of federal immigration law, requirements relative thereto Special Districts - Sanctuary policies, prohibitions relative thereto Special Districts - Support of enforcement of federal immigration law, requirements relative thereto State Agencies - Sanctuary policies, prohibitions relative thereto State Agencies - Support of enforcement of federal immigration law, requirements relative thereto State Employees - Sanctuary policies, prohibitions relative thereto State Employees - Support of enforcement of federal immigration law, requirements relative thereto Universities and Colleges - Sanctuary policies, prohibitions relative thereto Universities and Colleges - Support of enforcement of federal immigration law, requirements relative thereto Consolidated Local Governments - Sanctuary policies, prohibitions relative thereto Consolidated Local Governments - Support of enforcement of federal immigration law, requirements relative thereto Immigration - Sanctuary policies by local governments and public institutions of higher education, prohibition Attorney General - Ability to seek injunctive relief in matters relating to sanctuary policies Cities - Sanctuary policies, prohibitions relative thereto Cities - Support of enforcement of federal immigration law, requirements relative thereto Counties - Sanctuary policies, prohibitions relative thereto Counties - Support of enforcement of federal immigration law, requirements relative thereto Counties, Charter - Sanctuary policies, prohibitions relative thereto Counties, Charter - Support of enforcement of federal immigration law, requirements relative thereto Short Titles and Popular Names - Federal Immigration Cooperation Act of 2020 Local Mandate - Support of enforcement of federal immigration law, requirements relative thereto Public Authorities - Support of enforcement of federal immigration law, requirements relative thereto Counties, Urban - Sanctuary policies, prohibitions relative thereto |
| Jump to Proposed Amendments |
Senate Committee Substitute 1 with Fiscal Impact Statements Senate Floor Amendment 1 Senate Floor Amendment 2 House Floor Amendment 1 House Floor Amendment 2 |
| Votes | Vote History |
| 01/07/20 |
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| 01/08/20 |
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| 01/10/20 |
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| 01/13/20 |
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| 01/14/20 |
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| 01/30/20 |
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| 02/03/20 |
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| 02/04/20 |
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| 02/05/20 |
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| 02/07/20 |
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| 02/10/20 |
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| 03/17/20 |
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| 03/18/20 |
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| Amendment | Senate Committee Substitute 1 |
|---|---|
| Fiscal Impact Statement | Local Mandate to Senate Committee Substitute 1 |
| Summary | Retain original provisions of the bill, but specify that the definition of law enforcement official applies to those individuals serving in agencies in the Commonwealth, include within the definition of sanctuary policy, relating to immigration, references to federal agencies and federal law enforcement officials, specify law enforcement officials and entities within the Commonwealth must coordinate with federal entities for the support of the enforcement of federal immigration law in compliance with federal and state law, and specify that the section creates no new expectation or requirement for enforcement of federal immigration law by those specified entities, specify that public agencies and public officials and employees of public agencies are to use their best efforts in supporting the enforcement of federal immigration law in response to valid and legal requests from a federal agency, federal law enforcement or a law enforcement official, provide that the public agencies and public officials and employees of public agencies need not comply with requests that are in direct conflict with federal or state law, provide that public agencies and public officials and employees of public agencies need not comply with a request for assistance in the enforcement of federal immigration law if that request does not fall within the scope of that entity's ability to comply, or within the official's or employee's job duties or employment with the agency, specify that the section does not create an obligation for public agencies and public officials and employees of public agencies to take law enforcement actions relating to the enforcement of federal immigration law, specify that individuals charged with assisting in the enforcement of federal immigration law are not required to perform duties related to the illegal immigration status of a person that may be imposed as a result of Section 1 of the Act that the person is a U.S. citizen or is otherwise in the United States in conformity with applicable state and federal laws, exclude domestic violence shelters, children's advocacy centers, rape crisis cents, public advocacy offices, and enumerated iterations of health departments from the provisions of Section 1 of the Act. |
| Index Headings |
Courts - Ability to seek injunctive relief in matters relating to support of federal immigration law Courts - Injunctive relief in matters relating to support of federal immigration law, Governor's powers Education, Higher - Sanctuary policies, prohibitions relative thereto Education, Higher - Support of enforcement of federal immigration law, requirements relative thereto Governor - Ability to seek injunctive relief in matters relating to sanctuary policies Governor - Ability to seek injunctive relief in matters relating to support of federal immigration law Jails and Jailers - Sanctuary policies, prohibitions relative thereto Jails and Jailers - Support of enforcement of federal immigration law, requirements relative thereto Local Government - Sanctuary policies, prohibitions relative thereto Local Government - Support of enforcement of federal immigration law, requirements relative thereto Peace Officers and Law Enforcement - Sanctuary policies, prohibitions relative thereto Peace Officers and Law Enforcement - Support of enforcement of federal immigration law, requirements relative thereto Police, City and County - Sanctuary policies, prohibitions relative thereto Police, City and County - Support of enforcement of federal immigration law, requirements relative thereto Public Authorities - Sanctuary policies, prohibitions relative thereto Public Authorities - Support of enforcement of federal immigration law, requirements relative thereto Public Officers and Employees - Sanctuary policies, prohibitions relative thereto Public Officers and Employees - Support of enforcement of federal immigration law, requirements relative thereto Sheriffs - Sanctuary policies, prohibitions relative thereto Sheriffs - Support of enforcement of federal immigration law, requirements relative thereto Special Districts - Sanctuary policies, prohibitions relative thereto Special Districts - Support of enforcement of federal immigration law, requirements relative thereto State Agencies - Sanctuary policies, prohibitions relative thereto State Agencies - Support of enforcement of federal immigration law, requirements relative thereto State Employees - Sanctuary policies, prohibitions relative thereto State Employees - Support of enforcement of federal immigration law, requirements relative thereto Universities and Colleges - Sanctuary policies, prohibitions relative thereto Universities and Colleges - Support of enforcement of federal immigration law, requirements relative thereto Consolidated Local Governments - Sanctuary policies, prohibitions relative thereto Consolidated Local Governments - Support of enforcement of federal immigration law, requirements relative thereto Immigration - Sanctuary policies by local governments and public institutions of higher education, prohibition Attorney General - Ability to seek injunctive relief in matters relating to sanctuary policies Cities - Sanctuary policies, prohibitions relative thereto Cities - Support of enforcement of federal immigration law, requirements relative thereto Counties - Sanctuary policies, prohibitions relative thereto Counties - Support of enforcement of federal immigration law, requirements relative thereto Counties, Urban - Sanctuary policies, prohibitions relative thereto Counties, Urban - Support of enforcement of federal immigration law, requirements relative thereto Counties, Charter - Sanctuary policies, prohibitions relative thereto Counties, Charter - Support of enforcement of federal immigration law, requirements relative thereto Short Titles and Popular Names - Federal Immigration Cooperation Act of 2020 Local Mandate - Sanctuary policies, prohibition relative thereto |
| Amendment | Senate Floor Amendment 1 |
|---|---|
| Sponsor | R. Thomas |
| Summary | Amend Section 1 by removing reference to campus security under the definition of "law enforcement agency"; and exclude public universities and affiliated entities from the definition of "public agency"; remove reference of public universities and affiliated entities from the prohibition of immigration sanctuary policy enforcement; require enumerated entities to support United States Immigration and Customs Enforcement rather than use the enumerated entities' best efforts considering available resources; support the enforcement of federal immigration law; remove references of enumerated entities not having to perform duties resulting from verifying proof of citizenship or lawful immigration status; remove references to adopting a policy that permits the collecting of information as to the nationality or immigration status of a victim of or witness to a crime. |
| Index Headings |
Cities - Immigration law, support of Counties - Immigration law, support of Education, Higher - Immigration law, support of, exclusion of universities from defined terms Immigration - Support of by public entities Local Government - Immigration law, support of Public Officers and Employees - Immigration law, support of State Agencies - Immigration law, support of |
| Amendment | Senate Floor Amendment 2 |
|---|---|
| Sponsor | R. Thomas |
| Summary | Amend Section 1 by removing reference to campus security under the definition of "law enforcement agency"; and exclude public universities and affiliated entities from the definition of "public agency"; remove reference of public universities and affiliated entities from the prohibition of immigration sanctuary policy enforcement; require enumerated entities to support United States Immigration and Customs Enforcement rather than use the enumerated entities' best efforts considering available resources; support the enforcement of federal immigration law; remove references of enumerated entities not having to perform duties resulting from verifying proof of citizenship or lawful immigration status; remove references to adopting a policy that permits the collecting of information as to the nationality or immigration status of a victim of or witness to a crime. |
| Index Headings |
Education, Higher - Immigration law, support of, exclusion of universities from defined terms Local Government - Immigration law, support of Public Officers and Employees - Immigration law, support of State Agencies - Immigration law, support of Immigration - Support of by public entities Cities - Immigration law, support of Counties - Immigration law, support of |
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | N. Kulkarni |
| Summary | Retain original provisions of the bill, but, relating to the definition of "employee," remove reference of public agency, and relating to definition of "law enforcement agency" remove references to public agency, Department of Corrections, and campus security of institutions operating under KRS Chapter 164, and add specify reference to KRS 15.420, remove definition of public agency and public official, relating to the definition of "sanctuary policy" that the limitations for responding with other law enforcement entities is in response to a legal and valid request from United States Immigration and Customs Enforcement, and relating to detainers in that same definition, that the detainers or other legal and valid requests be accompanied by certain legal process, and delete provisions of subparagraph 5., relating to detainers and other requests, provide that the prevention of asking about citizenship or immigration status is exempted when the policy is supported in writing by agency-specify operational and implementational justifications; provide that, regarding the conduct of immigration enforcement activities in a jail or correctional facility, that would exempt those prohibitions that are required by state or federal law for safety reasons, amend subsection (3), relating to the assistance of federal immigration, that it be upon a request for assistance when resources are available and as required by federal immigration law when in response to valid and legal requests from the specified agencies, provide that the subsection applies only when federal law enforcement agencies specifically request assistance, and provide that the provisions of the section shall not be construed to create an obligation for law enforcement agencies, or law enforcement officials to take any law enforcement action relating to the enforcement of federal immigration law, and provide that the actions include and are not limited to pursuit, detention, arrest, and interrogation; delete subsection (4) relating to reference of public agency and official assistance in the enforcement of federal immigration law; remove subsection (6) relating to the exclusion of certain entities, amend Section 2 to remove the stipulation that the named officials may bring an action to enforce the provisions of the Act through injunctive action. |
| Index Headings |
Local Government - Sanctuary policies, prohibitions relative thereto Local Government - Support of enforcement of federal immigration law, requirements relative thereto Peace Officers and Law Enforcement - Sanctuary policies, prohibitions relative thereto Peace Officers and Law Enforcement - Support of enforcement of federal immigration law, requirements relative thereto Police, City and County - Sanctuary policies, prohibitions relative thereto Police, City and County - Support of enforcement of federal immigration law, requirements relative thereto Sheriffs - Sanctuary policies, prohibitions relative thereto Sheriffs - Support of enforcement of federal immigration law, requirements relative thereto Consolidated Local Governments - Sanctuary policies, prohibitions relative thereto Consolidated Local Governments - Support of enforcement of federal immigration law, requirements relative thereto Immigration - Sanctuary policies by local governments and public institutions of higher education, prohibition Cities - Sanctuary policies, prohibitions relative thereto Cities - Support of enforcement of federal immigration law, requirements relative thereto Counties - Sanctuary policies, prohibitions relative thereto Counties - Support of enforcement of federal immigration law, requirements relative thereto Counties, Urban - Sanctuary policies, prohibitions relative thereto Counties, Urban - Support of enforcement of federal immigration law, requirements relative thereto Counties, Charter - Sanctuary policies, prohibitions relative thereto Counties, Charter - Support of enforcement of federal immigration law, requirements relative thereto Short Titles and Popular Names - Federal Immigration Cooperation Act of 2020 |
| Amendment | House Floor Amendment 2 |
|---|---|
| Sponsor | N. Kulkarni |
| Summary | Retain original provisions of the bill, but, relating to the definition of "employee," remove reference of public agency, and relating to definition of "law enforcement agency" remove references to public agency, Department of Corrections, and campus security of institutions operating under KRS Chapter 164, and add specify reference to KRS 15.420, remove definition of public agency and public official, relating to the definition of "sanctuary policy" that the limitations for responding with other law enforcement entities is in response to a legal and valid request from United States Immigration and Customs Enforcement, and relating to detainers in that same definition, that the detainers or other legal and valid requests be accompanied by certain legal process, and delete provisions of subparagraph 5, relating to detainers and other requests, provide that the prevention of asking about citizenship or immigration status is exempted when the policy is supported in writing by agency-specify operational and implementational justifications; provide that, regarding the conduct of immigration enforcement activities in a jail or correctional facility, that would exempt those prohibitions that are required by state or federal law for safety reasons, delete subsections (3) to (6) in their entirety, amend Section 2 to remove the stipulation that the named officials may bring an action to enforce the provisions of the Act through injunctive action. |
| Index Headings |
Local Government - Sanctuary policies, prohibitions relative thereto Peace Officers and Law Enforcement - Sanctuary policies, prohibitions relative thereto Police, City and County - Sanctuary policies, prohibitions relative thereto Sheriffs - Sanctuary policies, prohibitions relative thereto Consolidated Local Governments - Sanctuary policies, prohibitions relative thereto Immigration - Sanctuary policies by local governments and public institutions of higher education, prohibition Cities - Sanctuary policies, prohibitions relative thereto Counties - Sanctuary policies, prohibitions relative thereto Counties, Urban - Sanctuary policies, prohibitions relative thereto Counties, Charter - Sanctuary policies, prohibitions relative thereto Short Titles and Popular Names - Federal Immigration Cooperation Act of 2020 |
Last updated: 10/27/2020 12:10 PM (EDT)
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