A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING STATE AGENCIES AND LOCAL GOVERNMENTS FROM ENACTING OR ENFORCING CERTAIN POLICIES CONCERNING CITIZENSHIP AND IMMIGRATION; REQUIRING THE ATTORNEY GENERAL TO INVESTIGATE AND ENFORCE CERTAIN PROVISIONS; PROVIDING definitions; Providing PENALTIES; AMENDING SECTIONS 90-6-209 AND 90-6-710, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."
(3) "State agency" means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government.
NEW SECTION. Section 2. Sanctuary jurisdiction prohibited -- exception. (1) Except as provided in subsection (2), a state agency or local government may not enact, adopt, implement, enforce, or refer to the electorate a policy that prohibits or restricts a government entity, official, or employee from:
(a) sending to, receiving from, exchanging with, or maintaining for a federal, state, or local government entity information regarding a person's citizenship or immigration status for a lawful purpose;
(b) complying with a notification request concerning the release of an individual if the request is lawfully made by the United States department of homeland security acting pursuant to its authority under 8 U.S.C. 1226 and 1357 as those sections read on [the effective date of this act]; or
(i) the request is lawfully made by the United States department of homeland security acting pursuant to its authority under 8 U.S.C. 1226 and 1357 as those sections read on [the effective date of this act]; and
(2) A state agency or local government may not be considered in violation of this section based solely on a policy otherwise subject to subsection (1) that exclusively concerns an individual who comes forward as a victim of or a witness to a criminal offense.
(2) If an investigation by the attorney general finds that a state agency or local government has violated the provisions of [section 2], the attorney general shall bring a civil action against the state agency or local government.
NEW SECTION. Section 4. Standing -- venue -- notifications. (1) The attorney general has standing to bring a civil action under [sections 1 through 5] to compel compliance by a state agency or local government.
(3) If a court of competent jurisdiction finds that a local government has violated the provisions of [sections 1 through 5], the attorney general shall notify the coal board provided for in 2-15-1821 and the department of commerce for the purpose of compliance with 90-6-209 and 90-6-710. If the attorney general finds that the local government comes into compliance with the provisions of [sections 1 through 5], the attorney general shall certify to the coal board and the department of commerce that the local government is no longer in violation of the provisions of [sections 1 through 5].
NEW SECTION. Section 5. Penalties -- exemptions. (1) In addition to any other penalties or remedies provided by law and except as provided in subsection (3), a state agency or local government that violates the provisions of [section 2] shall be punished by a fine of $10,000 every 5 days that the state agency or local government is not in compliance with the provisions of [section 2].
(3) A state agency or local government may not be penalized under this section if the state or local government comes into compliance with the provisions of [sections 1 through 5] within 14 days after the filing of an action under [section 4].
NEW SECTION. Section 6. Sanctuary jurisdiction prohibited. A local government as defined in [section 1] may not enact, adopt, implement, enforce, or refer to the electorate a policy described in [section 2].
"90-6-209. Limitations on grants. (1) The board may commit itself to the expenditure of funds for more than 1 year for a single project, but the board may not obligate funds not yet appropriated by the legislature. The total amount of grants to state agencies, except grants made pursuant to 90-6-205(4)(b), and Indian tribes may not exceed 7% of the total money allocated to the board during each fiscal year.
"90-6-710. Priorities for projects -- procedure -- rulemaking. (1) The department of commerce must receive proposals for infrastructure projects from local governments on a continual basis. The department shall work with a local government in preparing cost estimates for a project. In reviewing project proposals, the department may consult with other state agencies with expertise pertinent to the proposal. For the projects under 90-6-703(1)(a), the department shall prepare and submit two lists containing the recommended projects and the recommended form and amount of financial assistance for each project to the governor, prioritized pursuant to subsection (2) and this subsection. One list must contain the ranked and recommended bridge projects, and the other list must contain the remaining ranked and recommended infrastructure projects referred to in 90-6-701(3)(a). Each list must be prioritized pursuant to subsection (2) of this section, but the department may recommend up to 20% of the interest earnings anticipated to be deposited into the treasure state endowment fund established in 17-5-703 during the following biennium for bridge projects. Before making recommendations to the governor, the department may adjust the ranking of projects by giving priority to urgent and serious public health or safety problems. The governor shall review the projects recommended by the department and shall submit the lists of recommended projects and the recommended financial assistance to the legislature.
(d)(iv) projects that reflect substantial past efforts to ensure sound, effective, long-term planning and management of public facilities and that attempt to resolve the infrastructure problem with local resources;
(f)(vi) projects that provide long-term, full-time job opportunities for Montanans, that provide public facilities necessary for the expansion of a business that has a high potential for financial success, or that maintain the tax base or that encourage expansion of the tax base; and
(5) The department shall, in accordance with 5-11-210, report to each regular session of the legislature the status of all projects that have not been completed in order for the legislature to review each project's status and determine whether the authorized grant should be withdrawn."
NEW SECTION. Section 9. Codification instruction. (1) [Sections 1 through 5] are intended to be codified as an integral part of Title 2, chapter 1, and the provisions of Title 2, chapter 1, apply to [sections 1 through 5].
NEW SECTION. Section 10. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
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