Bill Text: MI HB4090 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Counties; ordinances; county sanctuary policy prohibition act; create. Creates new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-09 - Referred To Committee On Ways And Means, With H-1 [HB4090 Detail]

Download: Michigan-2019-HB4090-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4090

 

 

January 24, 2019, Introduced by Reps. LaFave, Hornberger, Green, Hall and Markkanen and referred to the Committee on Military, Veterans and Homeland Security.

 

     A bill to prohibit counties from enacting or enforcing any

 

law, ordinance, policy, or rule that limits local officials,

 

officers, or employees from communicating or cooperating with

 

appropriate federal officials concerning the immigration status of

 

individuals; to prescribe the powers and duties of certain state

 

and local officers, officials, and employees; and to prescribe

 

penalties and remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"county sanctuary policy prohibition act".

 

     Sec. 3. As used in this act, "county" includes any of the

 

following:

 

     (a) The county board of commissioners of a county.


     (b) A board, department, commission, council, agency, or body

 

that is created or primarily funded by a county.

 

     (c) An officer or official of a county.

 

     Sec. 5. A county shall not enact or enforce any law,

 

ordinance, policy, or rule that limits or prohibits a peace officer

 

or local official, officer, or employee from communicating or

 

cooperating with appropriate federal officials concerning the

 

immigration status of an individual in this state. Any law,

 

ordinance, policy, or rule that violates this act is void and

 

unenforceable.

 

     Sec. 7. Not later than 60 days after the effective date of

 

this act, if a county has an existing law, ordinance, policy, or

 

rule that violates this act, the county shall bring that law,

 

ordinance, policy, or rule into compliance with this act.

 

     Sec. 9. Beginning 61 days after the effective date of this

 

act, if a county has, enacts, or enforces a law, ordinance, policy,

 

or rule that violates this act, an individual who is a resident of

 

that county may do either of the following:

 

     (a) Bring an action to enforce this act in any circuit court

 

in the judicial district in which that county is located.

 

     (b) File a complaint with the attorney general on a form

 

prescribed by the attorney general.

 

     Sec. 11. (1) The attorney general may receive complaints

 

regarding violations of this act and investigate those complaints.

 

A county shall cooperate with any investigation conducted by the

 

department of the attorney general concerning a violation of this

 

act.


     (2) Beginning 61 days after the effective date of this act, if

 

a county enacts or enforces a law, ordinance, policy, or rule that

 

violates this act, the attorney general shall bring an action to

 

enforce this act in the circuit court in the judicial district in

 

which that county is located.

 

     Sec. 13. If an individual brings an action as described in

 

section 9, or if the attorney general brings an action as described

 

in section 11, and the court determines that the law, ordinance,

 

policy, or rule of the county violates this act, the court shall do

 

all of the following:

 

     (a) Issue an injunction restraining the county from enforcing

 

the law, ordinance, policy, or rule.

 

     (b) Order the county to amend or repeal the law, ordinance,

 

policy, or rule.

 

     (c) Award actual damages, costs, and reasonable attorney fees

 

to the party challenging the law, ordinance, policy, or rule.

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