PRINTER'S NO. 259
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
273
Session of
2017
INTRODUCED BY RAFFERTY, SCARNATI, EICHELBERGER, WARD, MENSCH,
AUMENT, HUTCHINSON, DiSANTO, FOLMER, VOGEL, ALLOWAY, MARTIN,
STEFANO AND YAW, JANUARY 31, 2017
REFERRED TO EDUCATION, JANUARY 31, 2017
AN ACT
Prohibiting the expenditure of Commonwealth funds on certain
institutions of higher education that adopt certain practices
relating to immigration policy.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Institutions
of Higher Education Immigration Policy Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Disqualifying immigration policy." A rule, order or policy
adopted by the governing body or administrator of an institution
of higher education that:
(1) prohibits the enforcement of a Federal law or the
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laws of this Commonwealth pertaining to an immigrant or
immigration;
(2) refuses access by Federal authorities to a campus of
the institution of higher education for the purposes of
investigating or enforcing a Federal law pertaining to an
immigrant or immigration;
(3) directs employees of the institution of higher
education not to communicate, coordinate or cooperate with
Federal authorities regarding an immigrant or immigration; or
(4) takes adverse employment action against an employee
of the institution of higher education for communicating,
coordinating or cooperating with Federal authorities
regarding an immigrant or immigration.
"Institution of higher education." Any of the following:
(1) An institution within the State System of Higher
Education.
(2) An institution designated by law as State-related.
(3) A community college established under Article XIX-A
of the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949, or the act of August 24, 1963
(P.L.1132, No.484), known as the Community College Act of
1963.
(4) An independent institution of higher education that:
(i) Is located in this Commonwealth and incorporated
or chartered by the Commonwealth.
(ii) Is entitled to confer degrees under 24 Pa.C.S.
ยง 6505 (relating to power to confer degrees) and applies
the designation "college," "university" or "seminary" as
provided for by standards and qualifications prescribed
by the State Board of Education under 24 Pa.C.S. Ch. 65
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(relating to private colleges, universities and
seminaries).
(iii) Directly or indirectly receives appropriated
funds from the Commonwealth.
Section 3. Annual certification.
An institution of higher education shall annually certify to
the department whether or not the institution of higher
education has a disqualifying immigration policy. The
certification shall be provided in a form and manner prescribed
by the department.
Section 4. Effect of disqualifying immigration policy.
Subject to the provisions of section 5, an institution of
higher education may not directly or indirectly receive funds
through a State appropriation if:
(1) the department determines, based on a certification
submitted under this act or other evidence presented to the
department, that the institution has a disqualifying
immigration policy; or
(2) the institution of higher education fails to submit
the certification required under this act.
Section 5. Corrective action.
The prohibition under section 4 shall cease to apply to an
institution of higher education if the institution of higher
education submits proof satisfactory to the department that the
institution of higher education has rescinded or abolished the
disqualifying immigration policy or taken other corrective
action to not have, use and enforce a disqualifying immigration
policy.
Section 6. Effective date.
This act shall take effect in 60 days.
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