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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PERRY, METCALFE, AUMENT, CLYMER, COX, CUTLER, EVERETT, FLECK, GEIST, GRELL, GROVE, HARRIS, HICKERNELL, KAUFFMAN, KNOWLES, KRIEGER, METZGAR, MOUL, MUSTIO, OBERLANDER, PYLE, RAPP, READSHAW, ROCK, SWANGER, TALLMAN AND VULAKOVICH, FEBRUARY 24, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 24, 2011 |
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| AN ACT |
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1 | Providing for financial penalties to be imposed on certain |
2 | municipalities and for the powers and duties of the Secretary |
3 | of the Commonwealth. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Sanctuary |
8 | Municipalities Financial Penalty Act. |
9 | Section 2. Definitions. |
10 | The following words and phrases when used in this act shall |
11 | have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Commonwealth agency." The term shall have the same meaning |
14 | as provided in 2 Pa.C.S. § 101 (relating to definitions). |
15 | "Commonwealth appropriation." Any direct appropriation of |
16 | Commonwealth funds or any direct or indirect expenditure of |
17 | Commonwealth funds by a Commonwealth agency. The term shall not |
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1 | include any funds provided or expended for any of the following: |
2 | (1) Law enforcement or corrections purposes. |
3 | (2) The operation of courts. |
4 | (3) Emergency preparedness or disaster response. |
5 | (4) Medical services. |
6 | "Municipality." A municipality as defined in 1 Pa.C.S. § |
7 | 1991 (relating to definitions). |
8 | "Sanctuary municipality." A municipality that has adopted an |
9 | ordinance, policy or procedure to encourage unauthorized aliens |
10 | to reside in the municipality, including, but not limited to, |
11 | any that: |
12 | (1) prohibit, restrict or discourage municipal employees |
13 | from sending, receiving or maintaining information regarding |
14 | the immigration status, lawful or unlawful, of any individual |
15 | or exchanging the information with any other Federal, State |
16 | or local government entity; |
17 | (2) prohibit, restrict or discourage municipal employees |
18 | from asking individuals their citizenship or immigration |
19 | status; or |
20 | (3) provide public benefits, unless required by Federal |
21 | or State statutes or court decisions, except for any of the |
22 | following: |
23 | (i) Emergency medical care. |
24 | (ii) Law enforcement, arrest, prosecution, |
25 | incarceration, detainment and related expenses. |
26 | (iii) Benefits provided to the public at large, such |
27 | as maintenance of roads, sidewalks, public parks and |
28 | similar government property. |
29 | "Secretary." The Secretary of State of the Commonwealth. |
30 | "Unauthorized alien." An alien who is not lawfully present |
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1 | within the United States. |
2 | Section 3. Financial penalty. |
3 | A Commonwealth appropriation to benefit a municipality or the |
4 | residents of a municipality which municipality fails to |
5 | cooperate in an investigation under this act or has been |
6 | designated a sanctuary municipality under this act shall be |
7 | placed in an escrow account and shall not be released until at |
8 | least 30 days after the secretary certifies that the |
9 | municipality has taken corrective action as provided under |
10 | section 4(g) or renewed cooperation as provided under section |
11 | 4(e). |
12 | Section 4. Sanctuary municipality designation. |
13 | (a) Determination.--The secretary shall determine whether a |
14 | municipality is a sanctuary municipality as provided under this |
15 | section. |
16 | (b) Complaint.--An enforcement action shall be initiated by |
17 | means of a written, signed complaint to the secretary's office |
18 | and shall be submitted by a Commonwealth resident. A valid |
19 | complaint shall include an allegation which describes the |
20 | ordinances, policies or procedures adopted by a municipality to |
21 | encourage unauthorized aliens to reside within the municipality. |
22 | (c) Investigation.--Upon receipt of a valid complaint, the |
23 | secretary shall request information from the municipality which |
24 | is the subject of the complaint. The requested information may |
25 | include any of the following: |
26 | (1) Copies of any ordinances, resolutions, policy |
27 | manuals or employee handbooks. |
28 | (2) Copies of any electronic mail, letters, memoranda or |
29 | other communications with or to employees of the |
30 | municipality. |
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1 | (3) Any other information needed to make a determination |
2 | under this section. |
3 | (d) Procedure.--The secretary shall, by regulation, |
4 | establish a procedure and timeline for municipalities to do all |
5 | of the following: |
6 | (1) Respond to requests under subsection (c). |
7 | (2) Cooperate with ongoing investigations. |
8 | (e) Cooperation.--Any municipality which fails to cooperate |
9 | with an investigation by the secretary under this section shall |
10 | be subject to the same penalties as a municipality which has |
11 | been determined to meet the definition of a "sanctuary |
12 | municipality" under subsection (f). Notice of either failure to |
13 | cooperate or certification that cooperation has been renewed |
14 | shall be published as follows: |
15 | (1) In the Pennsylvania Bulletin. |
16 | (2) On the Internet website of the Department of State. |
17 | (f) Determination of sanctuary status.--If, after |
18 | investigation, the secretary determines by a preponderance of |
19 | the evidence that the municipality meets the definition of a |
20 | "sanctuary municipality," the secretary shall provide notice of |
21 | that determination to the municipality. The notice shall include |
22 | a list of specific ordinances, policies or procedures which |
23 | encourage unauthorized aliens to reside in the municipality. The |
24 | secretary shall publish a summary of the notice as follows: |
25 | (1) In the Pennsylvania Bulletin. |
26 | (2) On the Internet website of the Department of State. |
27 | (g) Correction.--Any municipality which the secretary |
28 | determines to be a sanctuary municipality shall repeal any |
29 | ordinance or cease any policy or procedure which encourages |
30 | unauthorized aliens to reside in the municipality. The secretary |
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1 | shall, upon receipt of sufficient evidence that a municipality |
2 | has taken corrective action to repeal the ordinance or cease the |
3 | policy or procedure, publish a certification of the corrective |
4 | action as follows: |
5 | (1) In the Pennsylvania Bulletin. |
6 | (2) On the Internet website of the Department of State. |
7 | Section 5. Duty of Commonwealth agencies. |
8 | (a) Review.--On a daily basis, each Commonwealth agency |
9 | shall review notices posted pursuant to section 4(e), (f) and |
10 | (g) on the Internet website of the Department of State. |
11 | (b) Compliance.--Each Commonwealth agency shall comply with |
12 | the requirements of section 3 based on the daily review under |
13 | subsection (a). |
14 | (c) Immunity.--A Commonwealth agency or employee of a |
15 | Commonwealth agency shall be immune from liability resulting |
16 | from the imposition of the financial penalty under section 3 if |
17 | the agency complied in good faith with the requirements of this |
18 | act. |
19 | Section 6. Commonwealth agency law. |
20 | The provisions of this act shall be subject to 2 Pa.C.S. Chs. |
21 | 5 Subch. A (relating to practice and procedure of Commonwealth |
22 | agencies) and 7 Subch. A (relating to judicial review of |
23 | Commonwealth agency action). |
24 | Section 7. Effective date. |
25 | This act shall take effect in 60 days. |
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