Rep. J. MOORE proposes the following amendment (LC-4764.AHB0011H):

Amend the bill, as and if amended, SECTION 1, by striking Section 23-1-260(B) and inserting:

 (B) As soon as possible after the effective date of this act, each law enforcement agency operating a correctional facility shallmay enter into an agreement with a federal immigration enforcement agency to participate in the immigration program established under Section 287(g) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, or any successor or similar federal program that authorizes a law enforcement agency to enforce federal immigration law within a correctional facility.

Amend the bill further, SECTION 1, by striking Section 23-1-260(D), (E), (F), and (G) and inserting:

 (D) A law enforcement agency operating a correctional facility that does not have a current agreement in effect as required under subsection (B), shallmay request to enter an agreement with a federal immigration enforcement agency on an annual basis. The law enforcement agency must submit proof of an annual request to enter into an agreement to the Illegal Immigration Enforcement Unit, in lieu of the proof of a current agreement as required under subsection (C)(5), until an agreement is executed. The law enforcement agency must include any reason an agreement could not be entered, including, but not limited to, if the federal immigration enforcement agency declines to enter an agreement.
 (E)(1) The requirement to enter into an agreement or attempt to enter an agreement under subsections (C) or (D) shall not apply if compliance is determined to be fiscally or operationally impractical.
  (2) For purposes of this subsection, compliance is fiscally or operationally impractical, if entering into the agreement would:
   (a) require the expenditure of funds not lawfully appropriated or otherwise available;
   (b) assume financial obligations that would materially jeopardize the fiscal stability of the political subdivision; or
   (c) materially impair the law enforcement agency's ability to perform its core public functions due to documented operational or personnel limitations.
  (3) A determination under subsection (E)(1) must be made by formal action of the governing body of the law enforcement agency, supported by written findings of fact, and attested to by the presiding law enforcement official. A determination made under this subsection must be submitted to the Illegal Immigration Enforcement Unit in lieu of the proof of an agreement or annual request to enter an agreement as required under subsections (C)(5) and (D).
 (F) Notwithstanding a valid agreement under this section or the inability of a law enforcement agency to enter such an agreement, nothing in this section shall restrict a law enforcement officer from enforcing other valid provisions of state immigration law. Nothing in this section shall be construed to hinder or prevent a law enforcement agency or officer from arresting or detaining any criminal suspect on other criminal charges. And, failure to enter into an agreement does not affect funding for detaining a person in accordance with federal immigration law as otherwise may be provided by law.
 (G) The Illegal Immigration Enforcement Unit shall maintain a registry of all agreements entered into under subsection (C) and maintain a registry of all annual submissions of proof required under subsection (D) or determinations of impracticability under subsection (E) for any law enforcement agencies that have not executed an agreement.

Amend the bill further, SECTION 1, by striking Section 23-1-260(J)(1), (2), and (3) and inserting:

 (J)(1) The Office of the Attorney General shall have the authority to enforce the provisions of this section.
  (2) If the Attorney General determines that a law enforcement agency is not in compliance with the requirements of this section, the Attorney General may bring an action in the name of the State in a circuit court seeking declaratory relief, injunctive relief, or a writ of mandamus to compel compliance with this section. The court shall have jurisdiction to issue such orders as are necessary to enforce the provisions of this section.
  (3)(a) A law enforcement agency that has entered into an agreement under subsection (B) and has submitted proof as required under subsection (C)(5), constitutes compliance and bars an action instituted against a law enforcement agency under this section.
   (b) If the agreement is terminated, suspended, canceled, or otherwise discontinued by a federal immigration enforcement agency, that event does not render the law enforcement agency noncompliant with this section. Actions are barred under this section based solely on that termination, suspension, cancellation, or discontinuance by a federal immigration enforcement agency.
   (c) In such an event as contemplated by subsection (J)(3)(b), the law enforcement agency shall submit proof of the federal action in lieu of the requirement contained in subsection (C)(5) and, in each ensuing year, comply with the provisions of subsection (D) or (E), as applicable.
  (4) A submission of proof of an annual request to enter into an agreement, or fiscal or operational impracticability, as required under subsections (D) or (E), constitutes compliance and bars an action instituted against a law enforcement agency under this section.

Renumber sections to conform.

Amend title to conform.