Bill Text: MI HB4083 | 2019-2020 | 100th Legislature | Introduced

---

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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2019-04-09 - Referred To Committee On Ways And Means, With Substitute (h-1) [HB4083 Detail]

Download: Michigan-2019-HB4083-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4083

 

 

January 24, 2019, Introduced by Reps. Hornberger and LaFave and referred to the Committee on Military, Veterans and Homeland Security.

 

     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 state and local officers, officials, and employees; and to

 

prescribe penalties and remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

government sanctuary policy prohibition act".

     Sec. 3. As used in this act, "local unit of government" means

 

any of the following:

 

     (a) A city, village, township, or charter township.

 

     (b) A board, department, commission, council, agency, or body

 

that is created or primarily funded by a city, village, township,

 

or charter township.

 

     (c) An officer or official of a city, village, township, or

 

charter township.

 

     Sec. 5. 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.

 

Any law, ordinance, policy, or rule that violates this act is void

 

and unenforceable.

 

     Sec. 7. Not later than 60 days after the effective date of

 

this act, if a local unit of government has an existing law,

 

ordinance, policy, or rule that violates this act, the local unit

 

of government shall bring that law, ordinance, policy, or rule into

 

compliance with this act.

 

     Sec. 9. Beginning 61 days after the effective date of this

 

act, if a local unit of government has, enacts, or enforces a law,

 

ordinance, policy, or rule that violates this act, an individual

 

who is a resident of that local unit of government may do either of

 

the following:

 

     (a) Bring an action to enforce this act in the circuit court

 

in the judicial district in which that local unit of government is

located.

 

     (b) File a complaint with the attorney general on a form

 

prescribed by the attorney general.

 

     Sec. 11. (1) The attorney general may receive complaints

 

regarding violations of this act and investigate those complaints.

 

A local unit of government shall cooperate with any investigation

 

conducted by the department of the attorney general concerning a

 

violation of this act.

 

     (2) Beginning 61 days after the effective date of this act, if

 

a local unit of government enacts or enforces a law, ordinance,

 

policy, or rule that violates this act, the attorney general shall

 

bring an action to enforce this act in the circuit court in the

 

judicial district in which that local unit of government is

 

located.

 

     Sec. 13. (1) If an individual brings an action as described in

 

section 9, or if the attorney general brings an action as described

 

in section 11, and the court determines that the law, ordinance,

 

policy, or rule of the local unit of government violates this act,

 

the court shall do all of the following:

 

     (a) Issue an injunction restraining the local unit of

 

government from enforcing the law, ordinance, policy, or rule.

 

     (b) Order the local unit of government to amend or repeal the

 

law, ordinance, policy, or rule.

 

     (c) Award actual damages, costs, and reasonable attorney fees

 

to the party challenging the law, ordinance, policy, or rule.

 

     (2) In addition to the requirements under subsection (1), if

 

the court determines that an elected or appointed official of the

local unit of government knowingly and willfully enacted or

 

enforced a law, ordinance, policy, or rule in violation of this

 

act, then the court shall assess a civil fine of not less than

 

$2,500.00 or more than $7,500.00 against that elected or appointed

 

official, which is in addition to any other penalty provided by

 

law.