HF 1664

as introduced - 90th Legislature (2017 - 2018) Posted on 02/27/2017 04:10pm

A bill for an act
relating to aids to local governments; aid reductions for sanctuary cities; proposing
coding for new law in Minnesota Statutes, chapter 477A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [477A.0175] AID REDUCTIONS FOR SANCTUARY CITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition of sanctuary city. new text end

new text begin (a) For purposes of this section "sanctuary
city" means a home rule charter or statutory city that adopts an ordinance or policy that
prohibits, or in any way restricts, an official or employee from:
new text end

new text begin (1) inquiring about a person's citizenship or immigration status;
new text end

new text begin (2) lawfully cooperating with or aiding federal officials or employees charged with
enforcing immigration laws;
new text end

new text begin (3) providing or receiving information from federal officials or employees charged with
enforcing immigration laws;
new text end

new text begin (4) maintaining citizenship and immigration status data; or
new text end

new text begin (5) exchanging citizenship and immigration status data with other federal, state, or local
government entities.
new text end

new text begin (b) A sanctuary city also includes any city designated as a sanctuary jurisdiction by the
secretary of the United States Department of Homeland Security.
new text end

new text begin Subd. 2. new text end

new text begin Penalty for being a sanctuary city. new text end

new text begin Notwithstanding any other law to the
contrary, a city may not receive an aid payment under sections 477A.011 to 477A.03 if it
is found to be a sanctuary city. The state auditor shall provide to the commissioner of revenue
by June 1 and December 1 each year a list of all cities that are determined to be sanctuary
cities as of that date. The commissioner of revenue will not make the first payment of aid
under section 477A.015 to any city listed as a sanctuary city by the state auditor on June 1
of that calendar year. The commissioner shall not make the second payment of aid under
section 477A.015 to any city listed as a sanctuary city by the state auditor on December 1
of that calendar year.
new text end

new text begin Subd. 3. new text end

new text begin Certification, state auditor's list. new text end

new text begin (a) By November 15, 2017, the mayor of
each city must file a certification with the state auditor stating whether the city is a sanctuary
city under subdivision 1. Beginning with financial reports filed after January 1, 2018, each
city filing financial reports under section 477A.017 must include with the report a certification
by the city mayor, stating whether the city is a sanctuary city under subdivision 1. A city
that fails to file a certification required under this subdivision is presumed to be a sanctuary
city until the certification is received. A city may amend its certification as provided in
paragraph (b).
new text end

new text begin (b) By June 1 and December 1 of each year, the state auditor must compile a list of cities
that are considered sanctuary cities because it has either:
new text end

new text begin (1) filed a certification stating it is a sanctuary city;
new text end

new text begin (2) failed to file the required certification; or
new text end

new text begin (3) been ordered to change its status to a sanctuary city by a court, as provided under
subdivision 4.
new text end

new text begin (c) If a city's status as a sanctuary city is altered by a change in ordinance or policy, or
by a change in designation by the secretary of the United States Department of Homeland
Security, or by court order, the city must file with the state auditor an amended certification
by the city's mayor.
new text end

new text begin (d) The state auditor shall determine the form of the certification and amended
certification. A certification attesting that the city is a sanctuary city must require a statement
of the basis for the city's status under subdivision 1. An amended certification must require
an explanation for the alteration in status under subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Court challenge to status of sanctuary city. new text end

new text begin (a) Any taxpayer may challenge
a city mayor's certification regarding the city's status as a sanctuary city by petitioning for
a writ of mandamus or other appropriate relief in the district court for the county where the
city is located or in any other court of competent jurisdiction.
new text end

new text begin (b) In an action under paragraph (a), a court may make a determination regarding a city's
status as a sanctuary city under subdivision 1. If appropriate, the court may order a city to
file an amended certification. Within 30 days of issuing an order requiring a city to file an
amended certification, the court must transmit a copy of the order to the state auditor. A
city that fails to file an amended certification required by court order is presumed to be a
sanctuary city until the amended certification is received.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies beginning with the second aid payments under Minnesota Statutes, section 477A.015
in calendar year 2017.
new text end