HB1637ham001 101ST GENERAL ASSEMBLY

Rep. Emanuel Chris Welch

Filed: 4/5/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1637

2    AMENDMENT NO. ______. Amend House Bill 1637 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Keep
5Illinois Families Together Act.
 
6    Section 5. Findings. The General Assembly makes the
7following findings:
8        (1) The State of Illinois is committed to ensuring that
9    all residents of this State are treated equally
10    notwithstanding race, religion, national origin,
11    disability status, sexual orientation, gender, or
12    immigration status.
13        (2) All residents of this State are entitled to live
14    with dignity and without fear.
15        (3) Immigrants are valuable and essential members of
16    the Illinois community and should be able to live full and

 

 

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1    productive lives without fear of the government.
2        (4) A relationship of trust between this State's
3    immigrant community and State and local agencies is central
4    to the public safety of the people of Illinois. This trust
5    is threatened when State and local agencies are entangled
6    with federal immigration enforcement.
7        (5) The General Assembly shall continue to strive to
8    create an environment where all residents are protected to
9    the best of this State's ability.
 
10    Section 15. Information collection and confidentiality.
11    (a) Within 6 months of the effective date of this Act, all
12State agencies, public schools, and public institutions of
13higher education shall review their confidentiality policies
14to identify any changes necessary to limit collection of
15information from individuals to that information necessary to
16perform agency duties and to limit use or disclosure of
17information for any other purpose.
18    (b) The review described in subsection (a) shall include a
19review of all applications, questionnaires, and interview
20forms used in relation to benefits, opportunities, or services
21provided by a State agency, or to in-State or in-district
22tuition verification, scholarship, grant, or service provided
23by a public elementary or secondary school or public
24institution of higher education. Within 6 months after the
25effective date of this Act, all State agencies, public schools,

 

 

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1and public institutions of higher education shall remove any
2questions regarding citizenship or immigration status from any
3application, questionnaire, and interview form, other than
4those questions required by statute, ordinance, federal law, or
5court order. No State agency, public school, or public
6institution of higher education may add any question regarding
7citizenship or immigration status to any application,
8questionnaire, or interview form unless those questions are
9required by statute, ordinance, federal law, or court order.
10    (c) Any further necessary changes to agency, school, or
11institutional confidentiality and data collection policies
12must be made within one year of the effective date of this Act,
13consistent with agency, school, or institutional procedures.
14These policies must restrict any public employee from making
15services conditional upon, or requesting information or proof
16regarding a person's immigration or citizenship status or place
17of birth, except as required by statute, ordinance, federal
18law, or court order. These policies must also require that
19public services are available to, and public employees must
20serve, all Illinois residents without regard to immigration or
21citizenship status.
 
22    Section 20. Public safety.
23    (a) In this Section:
24        "Law enforcement agency" means an agency in this State
25    charged with enforcement of State, county, or municipal

 

 

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1    laws or with managing custody of detained persons in the
2    State, including municipal police departments, sheriff's
3    departments, campus police departments, the Department of
4    State Police, and the Department of Juvenile Justice.
5        "Law enforcement official" means any officer or other
6    agent of a State or local law enforcement agency authorized
7    to enforce criminal laws, rules, regulations, or local
8    ordinances or operate jails, correctional facilities, or
9    juvenile detention facilities or to maintain custody of
10    individuals in jails, correctional facilities, or juvenile
11    detention facilities also including any school resource
12    officer or other police or security officer assigned to any
13    public school, including any public pre-school and other
14    early learning program, public elementary and secondary
15    school, or public institution of higher education.
16    (b) On or after the effective date of this Act, no law
17enforcement agency or official may enter into or remain in an
18agreement under 8 U.S.C. 1357(g) or any other federal law that
19authorizes State or local governmental entities to enforce
20federal civil immigration laws.
21    (c) Nothing in this Section shall preclude a law
22enforcement official from otherwise executing that official's
23duties in ensuring public safety.
 
24    Section 97. Severability. The provisions of this Act are
25severable under Section 1.31 of the Statute on Statutes.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".