2018 Senate Bill 193 - Introduced

State of South Dakota  
NINETY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2018  

913Z0856   SENATE BILL   NO.  193  

Introduced by:    Senators Russell and Nelson and Representatives Jensen (Kevin), Campbell, Goodwin, Livermont, and May
 

        FOR AN ACT ENTITLED, An Act to require certain local governmental units to cooperate with federal agencies and to provide a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 6-1 be amended by adding a NEW SECTION to read:
    No local governmental unit as defined in § 6-1-12 nor any public postsecondary educational institution may enact, maintain, or enforce any ordinance, resolution, or other enactment that:
            (1)    Limits or prohibits any agent of the local governmental unit or public postsecondary educational institution from communicating or cooperating with a federal agency or official to verify or report the immigration status of any person; or
            (2)    Grants to any person the right to lawful presence or status within the area governed by the local governmental unit or public postsecondary educational institution in violation of state or federal law.
    Section 2. That § 6-1-12 be amended to read:
    6-1-12. As used in § 6-1-13 and section 1 of this Act, a local government governmental unit is any political subdivision of this state including a county, township, municipality, or other unit

of government, if the political subdivision provides local government services for residents in a geographically limited area of this state as its primary purpose and has the power to act primarily on behalf of that area.
    Section 3. That chapter 6-1 be amended by adding a NEW SECTION to read:

    Any person who resides in a jurisdiction of a local governmental unit or an area maintained by a public postsecondary educational institution may file a complaint with the attorney general if that person asserts facts supporting an allegation that the local governmental unit or public postsecondary educational institution is in violation of section 1 of this Act.
    Section 4. That chapter 6-1 be amended by adding a NEW SECTION to read:
    If the attorney general determines that a complaint filed under section 3 of this Act is valid, the attorney general may file a petition for a writ of mandamus or apply for other appropriate equitable relief in the circuit court of the jurisdiction where the local governmental unit or public postsecondary educational institution is located to compel compliance with section 1 of this Act. Any appeal of a suit filed under this section shall be in accordance with the provisions of chapter 15-26A.
    Section 5. That chapter 6-1 be amended by adding a NEW SECTION to read:
    If a local governmental unit or public postsecondary educational institution intentionally violates the provisions of section 1 of this Act, the attorney general may impose a civil penalty of not less than one thousand dollars and not more than one thousand five hundred dollars for the first violation, and not less than two thousand five hundred dollars and not more than twenty-five thousand five hundred dollars for each subsequent violation. For purposes of this section each day of a continuing violation of section 1 of this Act constitutes a separate violation. Any civil penalty collected under this section shall be deposited in the state general fund.

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