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STATE OF WYOMING
HOUSE BILL NO. HB0193
Ban on sanctuary cities and counties.
Sponsored by: Representative(s) Singh, Bear, Harshman,
Knapp, Rodriguez-Williams, Stith, Trujillo and Western and Senator(s) Biteman,
Hutchings, Kolb, Salazar and Steinmetz
A BILL
for
1 AN ACT relating to cities, towns and counties; banning the
2 implementation of immigration sanctuary policies by cities,
3 towns and counties; providing penalties; providing
4 definitions; and providing for an effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section 1. W.S. 15-1-133 and 18-2-117 are created to
9 read:
10
11 15-1-133. Prohibition on immigration sanctuary
12 policies by cities and towns.
13
14 (a) As used in this section:
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1
2 (i) "Federal officials" or "federal law
3 enforcement officers" means any person employed by the
4 United States government for the purpose of enforcing or
5 regulating federal immigration laws and any peace officer
6 as defined in W.S. 7-2-101(a)(iv) when the person or peace
7 officer is acting within the scope of their employment for
8 the purpose of enforcing federal immigration laws or
9 preserving homeland security;
10
11 (ii) "Immigration status" means the legality or
12 illegality of a person's presence in the United States as
13 determined by federal law;
14
15 (iii) "Immigration status information" means any
16 information that is not confidential or privileged by law
17 including any statement, document, computer generated data,
18 recording or photograph that is relevant to immigration
19 status or the identity or location of a person who is
20 reasonably believed to be illegally residing within the
21 United States or who is involved in international terrorism
22 or domestic terrorism as defined in 18 U.S.C. § 2331;
23
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1 (iv) "Local official or employee" means any
2 elected or appointed official, supervisor or managerial
3 employee, contractor, agent or peace officer acting on
4 behalf of or in conjunction with a city or town;
5
6 (v) "Policy" means any regulation, rule,
7 ordinance, policy or practice adopted by the governing body
8 of a city or town.
9
10 (b) No governing body of a city or town, whether
11 acting through its governing body or by an initiative,
12 referendum or any other process, shall enact, adopt,
13 implement or enforce any policy that prohibits or restricts
14 local officials or employees from communicating or
15 cooperating with federal officials or law enforcement
16 officers with regard to reporting immigration status
17 information while the local official or employee is acting
18 within the scope of his official duties.
19
20 (c) Upon a determination by the governor, with advice
21 from the attorney general, that a governing body of a city
22 or town has violated subsection (b) of this section, the
23 governor shall require the office of state lands and
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1 investments and the department of revenue to withhold all
2 state and state administered federal funding directly paid
3 to the city or town, unless otherwise specifically provided
4 by law.
5
6 18-2-117. Prohibition on immigration sanctuary
7 policies by counties.
8
9 (a) As used in this section:
10
11 (i) "County official or employee" means any
12 elected or appointed official, supervisor or managerial
13 employee, contractor, agent or peace officer acting on
14 behalf of or in conjunction with a county;
15
16 (ii) "Federal officials" or "federal law
17 enforcement officers" means any person employed by the
18 United States government for the purpose of enforcing or
19 regulating federal immigration laws and any peace officer
20 as defined in W.S. 7-2-101(a)(iv) when the person or peace
21 officer is acting within the scope of their employment for
22 the purpose of enforcing federal immigration laws or
23 preserving homeland security;
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1
2 (iii) "Immigration status" means the legality or
3 illegality of a person's presence in the United States as
4 determined by federal law;
5
6 (iv) "Immigration status information" means any
7 information that is not confidential or privileged by law
8 including any statement, document, computer generated data,
9 recording or photograph that is relevant to immigration
10 status or the identity or location of a person who is
11 reasonably believed to be illegally residing within the
12 United States or involved in international terrorism or
13 domestic terrorism as defined in 18 U.S.C. § 2331;
14
15 (v) "Policy" means any regulation, rule,
16 resolution, policy or practice adopted by the governing
17 body of a county.
18
19 (b) No board of county commissioners, whether acting
20 through its governing body or by an initiative, referendum
21 or any other process, shall enact, adopt, implement or
22 enforce any policy that prohibits or restricts county
23 officials or employees from communicating or cooperating
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1 with federal officials or law enforcement officers with
2 regard to reporting immigration status information while
3 the local official or employee is acting within the scope
4 of their official duties.
5
6 (c) Upon a determination by the governor, with advice
7 from the attorney general, that a board of county
8 commissioners has violated subsection (b) of this section,
9 the governor shall require the office of state lands and
10 investments and the department of revenue to withhold all
11 state and state administered federal funding, unless
12 otherwise specifically provided by law.
13
14 Section 2. This act is effective immediately upon
15 completion of all acts necessary for a bill to become law
16 as provided by Article 4, Section 8 of the Wyoming
17 Constitution.
18
19 (END)
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