Prohibition on sanctuary cities and counties.

2018
STATE OF WYOMING
18LSO-0319
Numbered
1.2

HOUSE BILL

NO.
HB0105

Prohibition on sanctuary cities and counties.

Sponsored by:
Representative(s) Gray, Biteman, Blackburn, Clem, Edwards, Jennings, Miller and Salazar and Senator(s) Hicks

A BILL

for

AN ACT relating to cities, towns and counties; prohibiting the implementation of immigration sanctuary policies by cities, towns and counties; providing penalties; requiring certification of compliance; requiring a report; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 15
‑
1
‑
131 and 18
‑
2
‑
116 are created to read:

15
‑
1
‑
131
.

Prohibition on immigration sanctuary policies by cities and towns; certification of compliance.

(a
)

No governing body
of a city or town
, whether acting through its governing body
or by an initiative, referendum
or any other process
, shall enact, adopt, implement
or enforce any policy
that prohibits or restricts local officials or employees from communicating or cooperating with federal officials or law enforcement officers with regard to reporting immigration status information while the local official or employee is acting within the scope of their official duties
.

(b
)

Any
governing body
of a city or town
that acts in violation of this section shall be subject to the withholding of state funding
and
state administered federal funding
, unless otherwise specifically provided by law
.

(c
)

Any
state agency that provides funding to
cities or towns

shall
require certification of compliance with this section as a condition of funding.

(d)

As used in this section:

(i)

"Federal officials or law enforcement officers" means any person employed by the United States government for the purpose of enforcing or regulating federal immigration laws and any peace officer
as defined in W.S. 7
‑
2
‑
101(a)(iv)

when
the
person
or peace officer is acting within the scope of
their
employment for the purpose of enforcing federal immigration laws
or preserving homeland security;

(ii)

"Immigration status" means the legality or illegality of an individual's presence in the United States as determined by f
ederal law;

(iii)

"Immigration status information" means any information
which is not confidential or privileged by law
including any statement, document, computer generated data, recording or photograph
that
is relevant to immigration status or the identity or location of an individual who is reasonably believed to be illegally residing within the United States or who is involved in international or domestic terrorism as defined in 18 U.S.C. 2331
;

(iv)

"Local official or employee" means any elected or appointed official, supervisor or managerial employee, contractor, agent or certified peace officer acting on behalf of or in conjunction with a
city or town;

(v)

"P
olicy" means any regulation, rule, policy or practice adopted by the governing body of a city or town.

18
‑
2
‑
116
.

Prohibition on immigration sanctuary policies by counties; certification of compliance.

(a)

No governing body of a county, whether acting through its governing body or by an initiative, referendum or any other process, shall enact, adopt, implement or enforce any policy that prohibits or restricts local officials or employees from communicating or cooperating with federal officials or law enforcement officers with regard to reporting immigration status information while the local official or employee is acting within the scope of their official duties.

(
b
)

As used in this section:

(i)

"Federal officials or law enforcement officers" means any person employed by the United States government for the purpose of enforcing or regulating federal immigration laws and any peace officer as defined in W.S. 7
‑
2
‑
101(a)(iv)
when
the person or peace officer is acting within the scope of their employment for the purpose of enforcing federal immigration laws or preserving homeland security;

(ii)

"Immigration status" means the legality or illegality of an individual's presence in the United States as determined by federal law;

(iii)

"Immigration status information" means any information which is not confidential or privileged by law including any statement, document, computer generated data, recording or photograph that is relevant to immigration status or the identity or location of an individual who is reasonably believed to be illegally residing within the
United States or involved in international or domestic terrorism as defined in 18 U.S.C. 2331;

(iv)

"Local official or employee" means any elected or appointed official, supervisor or managerial employee, contractor, agent or certified peace officer acting on behalf of or in conjunction with a city or town;

(v)

"Policy" means any regulation, rule, policy or practice adopted by the governing body of a county.

Section 2
.

Not later than July 1, 2018, each city, town and county shall certify
to the secretary of state
that it is
in

compliance with W.S. 15
‑
1
‑
131 or 18
‑
2
‑
116
, as applicable
. The secretary of state shall report
any
city, town or county that fails to make a
certification in accordance with
this section to the governor and the joint corporations, elections and political subdivisions
interim
committee.

Section
3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0105