Vermont S 302: An act relating to establishing a mental health mobile response unit pilot program in the city of Rutland

Bill Text

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VT LEG #385901 v.1
S.302 1
Introduced by Senators Vyhovsky, Gulick and White 2
Referred to Committee on 3
Date: 4
Subject: Internal security and public safety; protection of personally 5
identifying information 6
Statement of purpose of bill as introduced: This bill proposes to limit the 7
collection of immigration information by public agencies. 8
An act relating to limiting the collection of personally identifying 9
information 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 20 V.S.A. § 4651 is amended to read: 12
§ 4651. PROHIBITED DISCLOSURE OF PERSONALLY IDENTIFYING 13
INFORMATION 14
(a) As used in this section: 15
(1) “Personally identifying information” means information concerning 16
a person’s sex, sexual orientation, gender identity, marital status, race, color, 17
religion, national origin, immigration status, age, or disability. 18

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(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: 5
(A) immigration status of an individual, unless the collection is for a 6
specific and articulable purpose required by State or federal law; or 7
(B) religious beliefs, practices, or affiliation of any individual for the 8
purpose of registration of an individual based on his or her the individual’s 9
religious beliefs, practices, or affiliations; 10
(2) knowingly disclose personally identifying information to any federal 11
agency or official for the purpose of registration or tracking of an individual 12
based on his or her the individual’s personally identifying information; or 13
(3) use public agency money, facilities, property, equipment, or 14
personnel to assist in creating or enforcing any federal government program for 15
the registration of an individual based on his or her the individual’s personally 16
identifying information. 17
(c) Any section, term, or provision of an agreement in existence on the 18
effective date of this section (March 28, 2017) that conflicts with subsection 19
(b) of this section shall be invalidated on that date to the extent of the conflict. 20

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(d) Nothing in this section is intended to prohibit or impede any public 1
agency from complying with the lawful requirements of 8 U.S.C. §§ 1373 and 2
1644. To the extent any State or local law enforcement policy or practice 3
conflicts with the lawful requirements of 8 U.S.C. §§ 1373 and 1644, said 4
policy or practice is, to the extent of such conflict, abolished. 5
(e) Nothing in this section is intended to prohibit or impede any public 6
agency from disclosing or exchanging aggregated information that cannot be 7
used to identify an individual with any other public agency or federal agency 8
or official. 9
Sec. 2. REPORTING OF CONTINUED COLLECTION OF IMMIGRATION 10
INFORMATION 11
Each public agency that, after the effective date of this act, continues to 12
collect immigration status information of individuals residing in this State 13
shall, on or before December 15, 2026, submit to the Office of the Attorney 14
General in a form and manner prescribed by the Office a written explanation as 15
to why the public agency continues to collect the information. The explanation 16
shall include a reference to the specific State or federal law that the public 17
agency believes requires the continued collection. The Office shall compile 18
the explanations it receives from public agencies pursuant to this section and 19
shall, on or before March 15, 2027, provide a written report to the House and 20
Senate Committees on Judiciary that summarizes the explanations and 21

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provides an opinion as to whether the continued collections comply with this 1
act. 2
Sec. 3. EFFECTIVE DATE 3
This act shall take effect on passage. 4