Bill Text: MI HB4105 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Local government; other; sanctuary policy prohibition act; create. Creates new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-06-07 - Referred To Second Reading [HB4105 Detail]

Download: Michigan-2017-HB4105-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4105

 

 

January 26, 2017, Introduced by Reps. Hornberger, Kelly, Runestad, Glenn, Lucido and Barrett and referred to the Committee on Local Government.

 

     A bill to prohibit local units of government 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 local officers, officials, and employees; to provide for

 

certain reporting requirements; and to prescribe penalties.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

"sanctuary policy prohibition act".

 

     Sec. 3. As used in this act:

 

     (a) "Governing body" means any of the following:

 

     (i) The council, commission, or other entity vested with the

 

legislative power of a city or village.

 


     (ii) The township board of a township or charter township.

 

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

 

     (b) "Local unit of government" means a county, city, village,

 

township, or charter township.

 

     Sec. 5. The governing body of a local unit of government 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.

 

     Sec. 7. (1) The governing body of a local unit of government

 

shall provide written notice to each peace officer, official,

 

officer, and employee in the local unit of government of his or her

 

duty to cooperate with appropriate federal and state officials

 

concerning the enforcement of federal and state immigration laws.

 

     (2) The governing body of a local unit of government shall

 

provide written confirmation to the Michigan legislature that the

 

local unit of government has complied with the requirements of

 

subsection (1).

 

     Sec. 9. A peace officer who has probable cause to believe that

 

an individual under arrest is not legally present in the United

 

States shall report that individual to the United States

 

Immigration and Customs Enforcement Office.

 

     Sec. 11. Before March 1 of each year, the governing body of a

 

local unit of government shall report to the Michigan legislature

 

the number of reports made to the United States Immigration and

 

Customs Enforcement Office under this act.


     Sec. 13. Notwithstanding any other provision of law to the

 

contrary, if the governing body of a local unit of government fails

 

to comply with 1 or more of the requirements of this act, the state

 

treasurer shall withhold the total annual payment amount that the

 

local unit of government receives under the Glenn Steil state

 

revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921,

 

for each year or portion of a year that the local unit of

 

government fails to comply with the requirements of this act.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.

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