PRINTER'S NO.  1155

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

890

Session of

2011

  

  

INTRODUCED BY McILHINNEY, SCARNATI, RAFFERTY, GREENLEAF, SOLOBAY, WAUGH, FOLMER, BREWSTER, MENSCH, ALLOWAY AND TOMLINSON, MAY 3, 2011

  

  

REFERRED TO STATE GOVERNMENT, MAY 3, 2011  

  

  

  

AN ACT

  

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Amending Title 53 (Municipalities Generally) of the Pennsylvania

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Consolidated Statutes, prohibiting the enactment of sanctuary

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ordinances.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Title 53 of the Pennsylvania Consolidated

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Statutes is amended by adding a section to read:

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§ 303.  Sanctuary ordinances.

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(a)  Prohibition.--

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(1)  No municipality shall enact or adopt any sanctuary

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policy. Any municipality that enacts or adopts a sanctuary

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policy shall be ineligible for any money provided through

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grants administered by a State agency or department until the

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sanctuary policy is repealed or is no longer in effect.

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(2)  Upon the complaint of any State resident regarding a

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municipality or prior to the provision of funds or awarding

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of any grants to a municipality, the Attorney General shall

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investigate and shall issue an opinion stating whether the

 


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municipality has current policies in contravention of this

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section.

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(b)  Notice.--The governing body or chief law enforcement

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person of each municipality shall provide each law enforcement

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officer with written notice of the duty to cooperate with

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Federal and State agencies and officials on matters pertaining

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to enforcement of Federal and State laws governing immigration.

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(c)  Definitions.--As used in this section, the following

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words and phrases shall have the meanings given to them in this

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subsection unless the context clearly indicates otherwise:

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"Municipality official."  Any elected or appointed official

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who has the authority to enact or amend ordinances or any law

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enforcement officer serving the municipality.

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"Ordinance."  An ordinance or a resolution of a municipality.

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"Sanctuary policy."  Any municipality's ordinance enacted or

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followed that:

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(1)  Limits or prohibits any municipality official or

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person employed by the municipality from communicating or

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cooperating with Federal agencies or officials to verify or

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report the immigration status of any alien within the

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municipality.

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(2)  Grants to illegal aliens the right to lawful

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presence or status within the municipality in violation of

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Federal law.

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Section 2.  This act shall take effect in 60 days.

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