Vermont H 745: An act relating to making information available about licensed long-term care facilities

Bill Text

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H.745 1
Introduced by Representatives Dodge of Essex, Casey of Montpelier, 2
Arsenault of Williston, Berbeco of Winooski, Bluemle of 3
Burlington, Burrows of West Windsor, Campbell of St. 4
Johnsbury, Cina of Burlington, Cole of Hartford, Greer of 5
Bennington, Headrick of Burlington, Holcombe of Norwich, 6
James of Manchester, McGill of Bridport, Minier of South 7
Burlington, Mrowicki of Putney, Olson of Starksboro, Pezzo of 8
Colchester, Pouech of Hinesburg, Rachelson of Burlington, 9
Satcowitz of Randolph, Tomlinson of Winooski, Torre of 10
Moretown, and Waszazak of Barre City 11
Referred to Committee on 12
Date: 13
Subject: Internal security and public safety; federal immigration authorities 14
Statement of purpose of bill as introduced: This bill proposes to require a 15
judicial warrant from a federal immigration authority before the authority 16
enters a nonpublic area of a sensitive location. It also would terminate and 17
restrict the Department of Corrections’ assistance to federal immigration 18
authorities to the extent permitted under federal law. It would also limit how 19
federal immigration authorities can enforce civil immigration laws in Vermont 20

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schools. It would also add government buildings to the list of locations where 1
a person is not subject to a civil arrest. 2
An act relating to immigration enforcement 3
It is hereby enacted by the General Assembly of the State of Vermont: 4
Sec. 1. 20 V.S.A. chapter 141 is amended to read: 5
CHAPTER 141. PEACE OFFICERS 6
* * * 7
§ 2223. FEDERAL IMMIGRATION AUTHORITIES 8
(a) Definitions. As used in this section: 9
(1) “Child care facility” has the same meaning as in 33 V.S.A. § 3511. 10
(2) “Employee” means any person engaged in service to an employer at 11
a sensitive location for wages, salary, or other compensation, and includes an 12
independent contractor. 13
(3) “Federal immigration authority” means a federal agency or 14
department, along with its employees or contractors, tasked with enforcement 15
of immigration law and border entry, including the Department of Homeland 16
Security, Immigration and Customs Enforcement, and U.S. Customs and 17
Border Protection. 18
(4) “Health care facility” has the same meaning as in 18 V.S.A. 19
§ 9402(6). 20

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(5) “Polling place” is a location approved for an election conducted in 1
the State. 2
(6) “Public library” has the same meaning as in 22 V.S.A. § 101. 3
(7) “School” means a public school or an independent school approved 4
pursuant to 16 V.S.A. § 166 and includes colleges and universities. 5
(8) “Sensitive location” means a school, health care facility, polling 6
place, public library, or child care facility. 7
(b) Immigration authorities on site. 8
(1) No employee at a sensitive location, unless presented with a judicial 9
warrant, shall grant access to a federal immigration authority: 10
(A) into a nonpublic area of the sensitive location; or 11
(B) to any records of an individual that are maintained at the sensitive 12
location. 13
(2) A supervisor of a sensitive location shall: 14
(A) be the primary authority to review a judicial warrant presented by 15
a federal immigration authority at the sensitive location; and 16
(B) designate at least one other employee to serve as a designee of 17
the supervisor in the event that the supervisor is not present when a federal 18
immigration authority appears at the sensitive location. 19
Sec. 2. MODEL POLICY FOR SENSITIVE LOCATIONS; GUIDANCE TO 20
EMPLOYERS 21

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(a) The Human Rights Commission, in consultation with the Office of the 1
Attorney General, shall publish a model policy on or before April 15, 2027, 2
that provides guidance on how sensitive locations as defined in 20 V.S.A 3
§ 2223 can limit assistance to a federal immigration authority to the fullest 4
extent possible. The policy shall be consistent with federal and State law and 5
also ensure that all sensitive locations remain safe and accessible to all State 6
residents regardless of immigration status. All sensitive locations shall adopt 7
the Human Rights Commission’s model policy, or an equivalent, pursuant to 8
this subsection not later than six months after the publication of the model 9
policy. 10
(b) On or before June 15, 2027, the Human Rights Commission, in 11
consultation with the Office of the Attorney General, shall publish 12
documentation that provides guidance to private sector employers about the 13
rights of employers to not comply with a federal immigration authority in 14
nonpublic areas of their place of business when the authority lacks a judicial 15
warrant. 16
Sec. 3. 28 V.S.A. § 101 is amended to read: 17
§ 101. POWERS OF THE DEPARTMENT 18
The Department is charged with the following powers: 19
(1) to establish, main