HB1637ham001 101ST GENERAL ASSEMBLY

Rep. Emanuel Chris Welch

Filed: 4/5/2019

10100HB1637ham001 LRB101 08464 SLF 59366 a

AMENDMENT TO HOUSE BILL 1637

AMENDMENT NO. ______. Amend House Bill 1637 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Keep Illinois Families Together Act.

Section 5. Findings. The General Assembly makes the following findings:

(1) The State of Illinois is committed to ensuring that all residents of this State are treated equally notwithstanding race, religion, national origin, disability status, sexual orientation, gender, or immigration status.

(2) All residents of this State are entitled to live with dignity and without fear.

(3) Immigrants are valuable and essential members of the Illinois community and should be able to live full and productive lives without fear of the government.

(4) A relationship of trust between this State's immigrant community and State and local agencies is central to the public safety of the people of Illinois. This trust is threatened when State and local agencies are entangled with federal immigration enforcement.

(5) The General Assembly shall continue to strive to create an environment where all residents are protected to the best of this State's ability.

Section 15. Information collection and confidentiality.

(a) Within 6 months of the effective date of this Act, all State agencies, public schools, and public institutions of higher education shall review their confidentiality policies to identify any changes necessary to limit collection of information from individuals to that information necessary to perform agency duties and to limit use or disclosure of information for any other purpose.

(b) The review described in subsection (a) shall include a review of all applications, questionnaires, and interview forms used in relation to benefits, opportunities, or services provided by a State agency, or to in-State or in-district tuition verification, scholarship, grant, or service provided by a public elementary or secondary school or public institution of higher education. Within 6 months after the effective date of this Act, all State agencies, public schools, and public institutions of higher education shall remove any questions regarding citizenship or immigration status from any application, questionnaire, and interview form, other than those questions required by statute, ordinance, federal law, or court order. No State agency, public school, or public institution of higher education may add any question regarding citizenship or immigration status to any application, questionnaire, or interview form unless those questions are required by statute, ordinance, federal law, or court order.

(c) Any further necessary changes to agency, school, or institutional confidentiality and data collection policies must be made within one year of the effective date of this Act, consistent with agency, school, or institutional procedures. These policies must restrict any public employee from making services conditional upon, or requesting information or proof regarding a person's immigration or citizenship status or place of birth, except as required by statute, ordinance, federal law, or court order. These policies must also require that public services are available to, and public employees must serve, all Illinois residents without regard to immigration or citizenship status.

Section 20. Public safety.

(a) In this Section:

"Law enforcement agency" means an agency in this State charged with enforcement of State, county, or municipal laws or with managing custody of detained persons in the State, including municipal police departments, sheriff's departments, campus police departments, the Department of State Police, and the Department of Juvenile Justice.

"Law enforcement official" means any officer or other agent of a State or local law enforcement agency authorized to enforce criminal laws, rules, regulations, or local ordinances or operate jails, correctional facilities, or juvenile detention facilities or to maintain custody of individuals in jails, correctional facilities, or juvenile detention facilities also including any school resource officer or other police or security officer assigned to any public school, including any public pre-school and other early learning program, public elementary and secondary school, or public institution of higher education.

(b) On or after the effective date of this Act, no law enforcement agency or official may enter into or remain in an agreement under 8 U.S.C. 1357(g) or any other federal law that authorizes State or local governmental entities to enforce federal civil immigration laws.

(c) Nothing in this Section shall preclude a law enforcement official from otherwise executing that official's duties in ensuring public safety.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.".