Senate Bill 1

Actions | Amendments
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

Actions

Top | Amendments
01/07/20
  • introduced in Senate
01/08/20
  • to Judiciary (S)
01/10/20
  • taken from Judiciary (S)
  • 1st reading
  • returned to Judiciary (S)
01/13/20
  • taken from Judiciary (S)
  • 2nd reading
  • returned to Judiciary (S)
01/14/20
  • floor amendment (1) filed
01/30/20
  • reported favorably, to Rules with Committee Substitute (1)
  • floor amendment (2) filed to Committee Substitute
02/03/20
  • posted for passage in the Regular Orders of the Day for Tuesday, February 4, 2020
02/04/20
  • 3rd reading
  • floor amendment (1) withdrawn
  • floor amendment (2) defeated
  • passed 28-10 with Committee Substitute (1)
02/05/20
  • received in House
02/07/20
  • to Judiciary (H)
02/10/20
  • posted in committee
03/17/20
  • floor amendments (1) and (2) filed
  • taken from Judiciary (H)
  • 1st reading
  • returned to Judiciary (H)
03/18/20
  • taken from Judiciary (H)
  • 2nd reading
  • returned to Judiciary (H)

Proposed Amendments

Top | Actions
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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