PRINTER'S NO. 32
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
14
Session of
2017
INTRODUCED BY KNOWLES, METCALFE, PICKETT, BARRAR, SIMMONS,
MACKENZIE, TALLMAN, IRVIN, MILLARD, ROAE, HEFFLEY, D. COSTA,
WARD, KAUFFMAN, A. HARRIS, DIAMOND, EMRICK, RAPP, OBERLANDER,
DUNBAR, DUSH, BLOOM, SACCONE, GROVE, STAATS, WARNER, RYAN,
GREINER, ORTITAY, SANKEY, B. MILLER AND GABLER,
JANUARY 23, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 23, 2017
AN ACT
Amending Title 24 (Education) of the Pennsylvania Consolidated
Statutes, providing for the role of institutions of higher
education in immigration enforcement, for restrictions on
immigration policies and for duties of the Department of
Education.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 24 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 67
SANCTUARY CAMPUSES
Sec.
6701. Definitions.
6702. Enforcement assistance.
6703. Prohibition.
6704. Duty of department.
§ 6701. Definitions.
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The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Institution of higher education." Any of the following:
(1) A community college which is an institution now or
hereafter created 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.
(2) An independent institution of higher education which
is an institution of higher education located in and
incorporated or chartered by the Commonwealth, entitled to
confer degrees as set forth in section 6505 (relating to
power to confer degrees) and entitled to apply to itself the
designation "college," "university" or "seminary" as provided
for by standards and qualifications prescribed by the State
board under Chapter 65 (relating to private colleges,
universities and seminaries).
(3) A State-owned institution.
(4) A State-related institution.
§ 6702. Enforcement assistance.
The following may assist in the enforcement of each law,
mandate, request and order of the Federal Government relating to
immigration, if the law, mandate, request or order does not
conflict with the rights guaranteed under the Constitution of
the United States or the Constitution of Pennsylvania:
(1) The governing body of an institution of higher
education.
(2) An officer or employee of an institution of higher
education.
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(3) A law enforcement official or a law enforcement
agency for an institution of higher education.
§ 6703. Prohibition.
(a) Immigration policy.--The governing body of an
institution of higher education may not adopt a rule, order or
policy which does any of the following:
(1) Prohibits the enforcement of a Federal law or the
laws of this Commonwealth pertaining to an immigrant or
immigration.
(2) Refuses access by Federal authorities to a campus.
(3) Directs employees of an institution of higher
education not to communicate, coordinate or cooperate with
Federal authorities regarding an individual's immigration
status.
(4) Applies an adverse employment action against an
employee of an institution of higher education for
communicating, coordinating or cooperating with Federal
authorities regarding an immigration issue.
(b) Certification.--Each institution of higher education
shall annually provide the department with information
certifying compliance with subsection (a). The information shall
be provided in a form and manner prescribed by the department.
(c) Eligibility.--An institution of higher education shall
not be eligible for funding through a State appropriation if:
(1) the institution is in violation of any of the
provisions under subsection (a) at a campus in this
Commonwealth; or
(2) the institution fails to submit the required
certification.
(d) Reinstatement.--The eligibility of an institution of
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higher education to receive State funds may be restored if the
institution demonstrates compliance with the requirements of
this section. An institution of higher education determined to
be in violation of any of the provisions under subsection (a)
must provide proof satisfactory to the department that it has
rescinded the prohibited rule, order or policy.
§ 6704. Duty of department.
The department shall:
(1) Develop procedures for reporting violations of
section 6703(a) (relating to prohibition).
(2) Maintain records of all reports of alleged
violations and the action taken to resolve the alleged
violation.
(3) Report institutions of higher education in violation
of this chapter to the Secretary of the Budget for the
purpose of suspending payment of State-appropriated funds.
Section 2. This act shall take effect in 60 days.
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