Vermont H 864: An act relating to renewable and responsibly sourced natural gas

Bill Text

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VT LEG #385172 v.1
H.864 1
Introduced by Representative Greer of Bennington 2
Referred to Committee on 3
Date: 4
Subject: Internal security and public safety; immigration agreements 5
Statement of purpose of bill as introduced: This bill proposes to restrict the 6
ability of a public agency to enter into an agreement facilitating federal 7
immigration enforcement or housing individuals facing civil violations of 8
federal immigration law. 9
An act relating to immigration agreements with the federal government 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 20 V.S.A. chapter 207 is amended to read: 12
CHAPTER 207. PROTECTION OF PERSONALLY IDENTIFYING 13
INFORMATION 14
§ 4651. PROHIBITED DISCLOSURE OF PERSONALLY IDENTIFYING 15
INFORMATION 16
(a) As used in this section chapter: 17
(1) “Personally identifying information” means information concerning 18
a person’s sex, sexual orientation, gender identity, marital status, race, color, 19
religion, national origin, immigration status, age, or disability. 20

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VT LEG #385172 v.1
(2) “Public agency” has the same meaning as in 1 V.S.A. § 317 and 1
shall include includes all officers, employees, agents, and independent 2
contractors of the public agency. 3
(b) A public agency shall not: 4
(1) collect information regarding the religious beliefs, practices, or 5
affiliation of any individual for the purpose of registration of an individual 6
based on his or her the individual’s religious beliefs, practices, or affiliations; 7
(2) knowingly disclose personally identifying information to any federal 8
agency or official for the purpose of registration of an individual based on his 9
or her the individual’s personally identifying information; or 10
(3) use public agency money, facilities, property, equipment, or 11
personnel to assist in creating or enforcing any federal government program for 12
the registration of an individual based on his or her the individual’s personally 13
identifying information. 14
(c) Any section, term, or provision of an agreement in existence on the 15
effective date of this section (March 28, 2017), that conflicts with subsection 16
(b) of this section shall be invalidated on that date to the extent of the conflict. 17
(d) Nothing in this section is intended to prohibit or impede any public 18
agency from complying with the lawful requirements of 8 U.S.C. §§ 1373 and 19
1644. To the extent any State or local law enforcement policy or practice 20

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VT LEG #385172 v.1
conflicts with the lawful requirements of 8 U.S.C. §§ 1373 and 1644, said 1
policy or practice is, to the extent of such conflict, abolished. 2
(e) Nothing in this section is intended to prohibit or impede any public 3
agency from disclosing or exchanging aggregated information that cannot be 4
used to identify an individual with any other public agency or federal agency 5
or official. 6
§ 4652. AUTHORIZATION TO ENTER INTO IMMIGRATION 7
AGREEMENTS PURSUANT TO 8 U.S.C. § 1357(G) AND 19 8
U.S.C. § 1401(I) 9
(a) Notwithstanding any other provision of law, only the Governor, in 10
consultation with the Vermont Attorney General, is authorized to enter into, 11
modify, or extend an agreement pursuant to 8 U.S.C. § 1357(g) or 19 U.S.C. 12
§ 1401(i). 13
(b) No public agency, as that term is defined in 1 V.S.A. § 317, or an 14
officer, employee, agent, or independent contractor of a public agency, shall 15
enter into an agreement: 16
(1) pursuant to section 287(g) of the Immigration and Nationality Act, 8 17
U.S.C. § 1357(g); or 19 U.S.C. § 1401(i) unless the Governor has authorized 18
the agreement as set forth in subsection (a) of this section 19
(2) to house individuals for alleged civil violations of federal 20
immigration law. 21

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(c) Nothing in this section shall be construed to prohibit or otherwise 1
restrain a law enforcement officer from performing that officer’s duties in 2
accordance with State law. 3
Sec. 2. 28 V.S.A. § 101 is amended to read: 4
§ 101. POWERS OF THE DEPARTMENT 5
The Department is charged with the following powers: 6
(1) to establish, maintain, and administer such State correctional 7
facilities and programs as may be required for the custody, control, 8
correctional treatment, and rehabilitation of committed persons, and for the 9
safekeeping of such other persons as may be committed to the Department in 10
accordance with law; 11
(2) to operate diagnostic and treatment programs and such other 12
programs deemed desirable to treat persons committed to the Department and 13
to further other purposes and objectives of this title; 14
(3) to administer the supervision of persons placed on probation and 15
released on parole and to administer probation and parole services; 16
(4) to employ such officers, employees and agents as deemed necessar