Reference is to Printer's Date 3/21/18-H.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 6-1-170(E) of the 1976 Code is amended to read:
"(E)(1)
Notwithstanding any other provision of law, a resident of
a political subdivision in this State, the Attorney General,
or both, may bring a civil action in the circuit court in
which the resident and political subdivision are located to
enjoin:
(a)
an enactment by the political subdivision of any ordinance
or policy that intentionally limits or prohibits a law
enforcement officer, local official, or local government
employee from seeking to enforce a state law with regard to
immigration;
(b)
an enactment by the political subdivision of any ordinance
or policy that intentionally limits or prohibits a law
enforcement officer, local official, or local government
employee from communicating to appropriate federal or state
officials regarding the immigration status of a person within
this State; or
(c)
an enactment by the political subdivision of any
ordinance, policy, regulation, or other legislation pertaining
to the employment, licensing, permitting, or otherwise doing
business with a person based upon that person's authorization to
work in the United States, which intentionally exceeds or
conflicts with federal law or that intentionally conflicts with
state law.
(2)
A person who is not a resident of the political
subdivision may not bring an action against the political
subdivision pursuant to this subsection. The action must be
brought against the political subdivision and not against an
employee of the political subdivision acting in the employee's
individual capacity.
(3)
If the court finds that the political subdivision has
intentionally violated this section,:
(a)
the court shall enjoin the enactment, action,
policy, or practice, and may enter a judgment against the
political subdivision of not less than one thousand dollars nor
more than five thousand dollars for each day that the enactment,
action, policy, or practice remains or remained in
effect.; provided, the proceeds from any
such judgment must be used to reimburse the resident's
reasonable attorney's fees. and any
remaining proceeds must be used to cover the administrative
costs of implementing, investigating, and enforcing the
provisions of Chapter 8, Title 41; and
(b)
the elected officials of the political
subdivision may not receive compensation for a minimum of three
consecutive fiscal budget years after the finding is
made."
SECTION 2. Section 17-13-170(E) of the 1976 Code is amended to read:
"(E)(1)
Except as provided by federal law, officers and agencies
of this State and political subdivisions of this State may not
be prohibited or restricted from sending, receiving, or
maintaining information related to the immigration status of any
person or exchanging that information with other federal, state,
or local government entities for the following purposes:
(1a)
determining eligibility for any public benefit, service,
or license provided by the federal government, this State, or a
political subdivision of this State;
(2b)
verifying any claim of residence or domicile, if
determination of residence or domicile is required under the
laws of this State or a judicial order issued pursuant to a
civil or criminal proceeding in this State;
(3c)
determining whether an alien is in compliance with the
federal registration laws prescribed by Chapter 7, Title II of
the federal Immigration and Nationality Act; or
(4d) pursuant
to 8 U.S.C. Section 1373 and 8 U.S.C. Section 1644.
(2)
The elected officials of a political subdivision
that pursuant to Section 6-1-170(E) has been afforded due
process and found by a court to have violated the provisions of
this section may not receive compensation for a minimum of three
consecutive fiscal budget years after the finding is
made."
SECTION 3. Section 23-2-1100 of the 1976 Code is amended by adding a subsection at the end to read:
"( ) The elected officials of a political subdivision that pursuant to Section 6-1-170(E) has been afforded due process and found by a court to have violated the provisions of this section may not receive compensation for a minimum of three consecutive fiscal budget years after the finding is made."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.