AB 376 — Enacts the Keep Nevada Working Act and makes various other changes relating to immigration. (BDR 18-737)

Section 2619 of this bill providesrequires for the appointmentTask ofForce theto membersmeet toquarterly theand Tasksets Force.forth various other administrative functions.

Section 19 of this bill requires the Finally, section 20 of this bill:

(2).(2) requires the Task Force to submit an annual report to the Director of the Legislative Counsel Bureau for transmission to grants or donations for the purpose of the Task Force;

requiresand the(4) Taskrequires Forcestate toands, submitlocal anagencies, annualboards, reportcommissions, todepartments theand Directorofficers, ofemployees theand Legislativeagents Counselthereof Bureauto forassist transmissionthe toTask theForce Legislativeunder Commission;certain circumstances.

(3)Section authorizes20.6 of this bill requires the LieutenantAttorney GovernorGeneral to acceptpublish gifts,model grantspolicies orwhich donationsprovide forguidance theand purposetraining ofrecommendations theto Taskstate Force;or local law enforcement agencies.

andSection (4)20.6 also requires each state andor local agencies,law boards,policies commissions,of departments and officers, employees and agents thereof to assist the TaskAttorney ForceGeneral; under certain circumstances.

or regulatory(2) bodynotify ofthe thisAttorney StateGeneral that the state or alocal politicallaw subdivisionenforcement thereofagency tois enforcenot civilyadopting federalpolicies immigrationconsistent law.with the model policies.

SectionSimilarly, 22section 20.9 of this bill prohibitsrequires statethe orAttorney localGeneral agenciesto andpublish regulatorymodel bodiespolicies fromwhich usingprovide agencyrecommendations funds, facilities, property, equipment or personnel to investigate,limit enforce,immigration cooperateenforcement withat orpublic assistschools, ininstitutions the investigation or enforcement of anyhigher federaleducation, registrationcertain orhealth surveillancecare programfacilities, orcourthouses anyand other law,state ruleand orlocal policygovernmental thatagencies. targets residents exclusively on the basis of race, religion, immigration or citizenship status or national or ethnic origin.

SectionAdditionally, 23 of this bill consistent with section 22 and which relate to the collection, use and disclosure of information by the agencyAttorney andGeneral; the provision of its services.

Sectionor 24(2) ofnotify this bill requires the Attorney General tothat publishthe modelentity policiesis whichnoties provideadopting recommendationspolicies toconsistent limitwith immigrationthe enforcementmodel atpolicies public schools, institutions of higherthe education,Attorney certainGeneral. health care facilities, courthouses and other state and local governmental agencies.

Additionally,Section section20.9 24also requiresencourages certain other organizations to adopt policies consistent with the model policies of the Attorney General;General.

orSection (2)26.5 notifyof thethis Attorneybill Generalmakes thatan theappropriation entityto is not adopting policies consistent with the modelImmigration policiesClinic ofat the AttorneyWilliam General.S.

SectionBoyd 24School alsoof encouragesLaw certainof otherthe organizationsUniversity toof adoptNevada, policiesLas consistentVegas, withfor the modelpurpose policies of theproviding Attorneypro General.bono legal services relating to immigration law.

W- HEREAS81st ,Session The(2021) economy– of2 this– StateEXPLANATION encompasses– aMatter broad range of industries necessitating the need for a skilled workforce in abolded varietyitalics ofis industriesnew; to ensure the economic vitality of this State;

andmatter Wbetween HEREASbrackets ,[omitted Immigrantsmaterial] makeis upmaterial 19to percentbe ofomitted. the population in this State, with immigrants accounting for approximately one in every four workers in this State;

and W HEREAS , BusinessThere ownersis have a largethriving impact on the economy ofin this State throughwhich innovationencompasses anda thebroad creationrange of jobs,industries, including tourism, hospitality, gaming, agriculture, construction, health care and immigrantstechnology, accountwhich fornecessitates approximatelythe 30need percentfor ofa businessskilled ownersworkforce in such industries to ensure the economic vitality of this State;

and W HEREAS , There are nearly 614,000 immigrants in this State, which means that immigrants account for one in every five people in this State and 26 percent of workers in this State;

and W HEREAS , There are approximately 33,731 immigrant entrepreneurs in this State which means that 30 percent of entrepreneurs in this State are immigrants;

and W HEREAS , Immigrant business owners have a large impact on the economy of this State through innovation and the creation of jobs, as such businesses employ approximately 61,196 people;

and W HEREAS , It is a vital interest of this State to ensure that families are protected from undue harm and separation;

now, therefore, - *AB376_R1* – 4 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

4Sections Section1-14. 1.

Chapter(Deleted 178 of NRS is hereby amended by addingamendment.) theretoSec. the provisions set forth as sections 2 to 14, inclusive, of this act.

Sec.

2.

The Legislature hereby finds and declares that:

1.

It is not the primary purpose of state or local law enforcement agencies, school police units or campus police departments to enforce civil federal immigration law.

2.

State or local law enforcement agencies, school police units or campus police departments should not be concerned with any matter which exclusively involves one or more of the following circumstances:

(a) The immigration status of a person;

(b) The presence of a person in the United States;

(c) The entry or reentry of a person into the United States;

or (d) The employment of a person in the United States.

3.

Federal immigration authorities have primary jurisdiction over the enforcement of Title 8 of the United States Code relating to the illegal entry of persons into the United States.

Sec.

3.

As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

Sec.

4.

“Campus police department” has the meaning ascribed to it in NRS 179D.015.

Sec.

5.

“Federal immigration authority” means any officer, employee or person who is paid by or acting as an agent of:

1.

The United States Immigration and Customs Enforcement of the United States Department of Homeland Security, or any div2.ioThe United States Customs and Border Protection of the United States Department of Homeland Security, or any division thereof;

or 3.

The United States Department of Homeland Security or any other component thereof charged with immigration enforcement.

Sec.

6.

“Notification request” means a formal or informal request from a federal immigration authority for information concerning the date and time for the release of a person under the custody or supervision of a state or local law enforcement agency.

Sec.

7.

“State or local law enforcement agency” means:

1.

The sheriff’s office of a county;

2.

A metropolitan police department;

- *AB376_R1* – 5 – 3.

A police department of an incorporated city;

4.

Any entity authorized to operate a prison, jail or detention facility, including, without limitation, any facility for the detention of juveniles;

5.

The Division of Parole and Probation of the Department of Public Safety;

6.

Any department of alternative sentencing;

and 7.

Any other state or local agency, office, bureau, department, unit or division created by any statute, ordinance or rule which:

(a) Has a duty to enforce the law;

and (b) Employs any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

Sec.

8.

A school police unit or campus police department shall not:

1.

Inquire into or collect information concerning:

(a) The immigration or citizenship status of a person;

or (b) The place of birth of a person.

2.

Provide information pursuant to a notification request, except as otherwise required by law.

Sec.

9.

1.

A state or local law enforcement agency shall not inquire into or collect information relating to the immigration or citizenship status of a person or the place of birth of the person unless there is a direct connection between the information sought and a criminal violation of a state law or local ordinance.

2.

Except as otherwise provided by law, a state or local law enforcement agency shall not provide federal immigration authorities with:

(a) Information pursuant to a notification request;

or (b) Personal demographic information that is not publicly available concerning a person subject to the custody or supervision of the state or local law enforcement agency.

3.

A state or local law enforcement agency who seeks to question a person concerning his or her immigration or citizenship status or place of birth in accordance with subsection 1 shall, before making such an inquiry, provide the person with a written document which:

(a) Informs the person of the purpose of the questions concerning his or her immigration or citizenship status or place of birth;

(b) Warns the person that any statement made about his or her immigration or citizenship status or place of birth may be shared with federal immigration authorities and possibly used in a federal proceeding for the deportation or removal of the person;

- *AB376_R1* – 6 – (c) Informs the person whether he or she is required by law to answer the questions concerning his or her immigration or citizenship status or place of birth, and if the person is not so required, informs the person of that fact;

and (d) Informs the person that the person:

(1) May decline to answer the questions of the state or local law enforcement agency;

or (2) Require that his or her attorney be present during the questioning with the state or local law enforcement agency.

4.

The state or local law enforcement agency making an inquiry pursuant to this section shall, to the extent practicable, provide an interpreter for translation of the document described in subsection 3.

5.

As used in this section, “personal demographic information” means:

(a) Any information relating to the person’s race, color, gender identity or expression, age, religion, disability, national origin, place of birth, ancestry, sexual orientation, marital status, military status, order of protection status, pregnancy, unfavorable discharge from military service;

(b) Any personally identifiable information, including, without limitation, a home address, physical address, electronic mail address, telephone number, social security number, driver’s license number, photo identification number, individual tax payer identification number or any other identifier of the person;

or (c) Any other information concerning a person that could be used to contact, track, locate, identify or reasonably infer the identity of the person.

Sec.

10.

1.

In addition to any limitation pursuant to section 22 of this act, a state or local law enforcement agency shall not use agency funds, facilities, property, equipment or personnel to investigate, question, interrogate, detain, detect or arrest any person for immigration enforcement purposes.

2.

The limitations set forth in this section do not apply to a detention authorized pursuant to paragraph (b) of subsection 1 of section 11 of this act.

Sec.

11.

1.

A state or local law enforcement agency shall not detain a person:

(a) Solely for the purpose of determining the immigration status of the person;

or (b) On the basis of a hold request unless the hold request is:

(1) Accompanied by a warrant which is:

(I) Based upon probable cause;

and (II) Issued by a federal judge or federal magistrate judge.

- *AB376_R1* – 7 – 2.

As used in this section, “hold request” means a formal or informal request by a federal immigration authority that a state or local law enforcement agency maintain custody of a person who is in the custody of the state or local law enforcement agency for a period not to exceed 48 hours, excluding Saturdays, Sundays and holidays, or beyond the time the person would otherwise be eligible for release from the custody of the state or local law enforcement agency, in order to facilitate the transfer of custody of the person to the federal immigration authority.

Sec.

12.

1.

A state or local law enforcement agency shall not permit a federal immigration authority to interview a person about a noncriminal matter while the person is in the custody of the state or local law enforcement agency unless:

(a) The interview is required by law or court order;

or (b) The state or local law enforcement agency obtains the informed, written consent of the person.

2.

Before obtaining the informed, written consent of the person, the state or local law enforcement agency shall disclose orally and in writing:

(a) The purpose of the interview with the federal immigration authority;

(b) That the interview with the federal immigration authority is voluntary and that the person will not be punished or suffer retaliation for declining to be interviewed by the federal immigration authority;

(c) That the person:

(1) May decline to be interviewed by the federal immigration authority;

or (2) Require that his or her attorney be present for the interview with the federal immigration authority;

and (d) That any statement made about his or her immigration or citizenship status or place of birth may be used in a federal proceeding for the deportation or removal of the person.

3.

The state or local law enforcement agency shall:

(a) Make the written disclosures available in English and Spanish and any other language prescribed by the state or local law enforcement agency;

and (b) Use an interpreter for the oral disclosures if the person is unable to read the written disclosures.

Sec.

13.

A state or local law enforcement agency, school police unit or campus police department shall not:

1.

Enter into or renew a contract for the provision of language services from federal immigration authorities;

or 2.

Accept any language services offered for free or otherwise by federal immigration authorities.

- *AB376_R1* – 8 – Sec.

14.

1.

The Attorney General shall, in consultation with relevant stakeholders and the Keep Nevada Working Task Force created by section 18 of this act, publish model policies which provide guidance and training recommendations to state or local law enforcement agencies.

The model policies must:

(a) Be consistent with sections 2 to 14, inclusive, of this act;

and (b) Prioritize guidance and training recommendations which:

(1) Foster trust between the community and state or local law enforcement agencies;

and (2) Limit, to the fullest extent practicable and consistent with any applicable law, the engagement of state or local law enforcement agencies with federal immigration authorities for the purpose of immigration enforcement.

2.

Every state or local law enforcement agency shall:

(a) Adopt policies consistent with the model policies of the Attorney General;

or (b) Notify the Attorney General that the state or local law enforcement agency is not adopting policies consistent with the model policies of the Attorney General.

3.

The notification described in subsection 2 must include, without limitation:

(a) The reason that the state or local law enforcement agency is not adopting policies consistent with the model policies of the Attorney General;

(b) A copy of the policies of the state or local law enforcement agency;

and (c) A certification of whether the policies of the state or local law enforcement agency are in compliance with sections 2 to 14, inclusive, of this act.

Sec.

“Task Force” means the Keep Nevada Working Task Forceof this act, created by section 18 of this act.

17.

As used in sections 16 to 20, inclusive, of this act, “Task Force” means the Keep Nevada Working Task Force created by section 18 of this act.

Sec.

- *AB376_R1*81st Session (2021) – 93 – 3.

(c)(d) A laborworkforce organizationor witheconomic adevelopment statewideinterest;e; presence;

(d) A workforce or economic development interest;

33. A majority of the members of the Task Force constitutes a quorum for the transaction of business, and a majority of these members present at the meeting is sufficient for any official action taken by the Task Force.

Sec.A majority of the members of the Task Force constitutes a quorum for the transaction of business, and a majority of these members present at the meeting is sufficient for any official action taken by the Task Force.

20.

1.

The Task Force may:

- 81st Session (2021) – 4 – 2.

On or before July 1, 2022, and on or before July 1 of each subsequent year, the Task Force shall submit a written report to the Director of the Legislative Counsel Bureau for submission to - *AB376_R1* – 10 – the Legislative Commission.

The report must include, without limitation,recommendations afor summarylegislation.k of the work of the Task Force and any recommendations3. for legislation.

3.

21.20.3.

Chapter 237228 of NRS is hereby amended by adding thereto the provisions set forth as sections 21.520.6 toand 25,20.9 inclusive, of this act.

21.5.20.6.

The Legislature hereby finds and declares that it is not the primary purpose of an agency or regulatory body of this State or a political subdivision thereof to enforce civil federal immigration law.

Sec.

22.

ExceptThe asAttorney otherwiseGeneral providedshall, in subsectionconsultation 2,with anrelevant agencystakeholders orand regulatorythe bodyKeep Nevada Working Task Force created by section 18 of this Stateact, orpublish amodel politicalpolicies subdivisionwhich thereofprovide shallguidance not:and training recommendations to state or local law enforcement agencies.

(a)The Usemodel agencypolicies funds,must facilities,prioritize property,guidance equipmentand ortraining personnelrecommendations towhich: investigate, enforce, cooperate with or assist in the investigation or enforcement of any federal registration or surveillance program or any other law, rule or policy that targets residents of this State solely on the basis of race, religion, immigration or citizenship status or national or ethnic origin.

(b)(a) ConditionFoster thetrust provisionbetween of agency services on or otherwise require proof of the immigrationcommunity orand citizenshipstate status of a person or thelocal placelaw ofenforcement birthagencies; of the person.

and (b) Limit, to the fullest extent practicable and consistent with enforcement agencies with federal immigration authorities for the purpose of immigration enforcement.

AnEach agencystate of this State or politicallocal subdivisionlaw thereofenforcement mayagency collect,shall: use or disclose information that would otherwise violate subsection 1, if the collection, use or disclosure is:

(a) RequiredAdopt bypolicies lawconsistent orwith courtthe order;model policies of the Attorney General published pursuant to subsection 1;

or (b) NecessaryNotify tothe performAttorney agencyGeneral duties,that functionsthe state or otherlocal businesslaw andenforcement suchagency performance:is not adopting policies consistent with the model policies of the Attorney General.

(1) Is expressly authorized by law;

and (2) Is not related to immigration enforcement;

(c) Required to comply with policies, grants, waivers or other requirements necessary to maintain the funding of the agency;

or (d) Provided in aggregate form or another like form which does not include personally identifiable information.

- *AB376_R1* – 11 – 3.

As used in this section, “court order” does not include an order of an administrative court.

Sec.

23.

The following agencies shall each publish agency policies which are consistent with section 22 of this act and which relate to the collection, use and disclosure of information by the agency and the provision of services to persons in this State regardless of the immigration or citizenship status of the person or his or her place of birth:

1.

The Department of Administration;

2.

The Department of Agriculture;

The Departmentnotification described in paragraph (b) of Businesssubsection and2 Industry;must include, without limitation:

4.(a) The reason that the state or local law enforcement agency is not adopting policies consistent with the model policies of the Attorney General;

Theand Department(b) A copy of Education;the policies of the state or local law enforcement agency.

5.- 81st Session (2021) – 5 – 4.

TheAs Departmentused ofin Employment,this Trainingsection, and“state Rehabilitation;or local law enforcement agency” means:

6.(a) The sheriff’s office of a county;

The(b) DepartmentA ofmetropolitan Healthpolice anddepartment; Human Services;

7.(d) Any entity authorized to operate a prison, jail or detention facility, including, without limitation, any facility for the detention of juveniles;

(e) The Division of Parole and Probation of the Department of MotorPublic Vehicles;Safety;

8.(f) Any department of alternative sentencing;

Theand Department(g) ofAny Publicother Safety;state or local agency, office, bureau, department, unit or division created by any statute, ordinance or rule which:

9.(1) Has a duty to enforce the law;

Theand Department(2) Employs any person upon whom some or all of Taxation;the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

10.

The Department of Tourism and Cultural Affairs;

11.

The Department of Transportation;

and 12.

The Public Employees’ Retirement System.

24.20.9.

The Attorney General shall, in consultation with relevant stakeholders and the Keep Nevada Working Task Force created by section 18 of this act, publish model policies for limiting, to the fullest extent possible and consistent with any applicable law, immigration enforcement at public schools, institutions of higher education, health care facilities,facilities courthouses and governmentalcourthouses agencies to ensure that such places remain safe and accessible to residents of this State regardless of the immigration status or citizenship of such persons.

EveryEach public school, institution of higher education, health carecar(a) facilityAdopt andpolicies courthouseconsistent with the model policies of thisthe StateAttorney shall:General published pursuant to subsection 1;

(a) Adopt policies consistent with the model policies of the Attorney General;

Any organization that provides services relating to physical or mental health and wellness, education or access to justice is encouraged to adopt policies consistent with the model policies of the Attorney General.General published pursuant to subsection 1.

The notification described in paragraph (b) of subsection 2 must include, without limitation:

- *AB376_R1* – 12 – (a) The reason that the public school, institution of higher education, health care facility or courthouse, as applicable, is not - 81st Session (2021) – 6 – adopting policies consistent with the model policies of the Attorney General;

and (b) A copy of the policies of the public school, institution of higher education, health care facility or courthouse, as applicable;applicable.

andwith: (c) Whether the policies of the public school, institution of higher education, health care facility or court house, as applicable, are in compliance with this section.

5.A policy adopted pursuant to this section must comply (a) Any applicable law;

A policy adopted pursuant to this section must comply with:

(a) Any applicable law;

Sec.Secs.

25.21, 21.5 and 22-26.

26.26.5.

(Deleted1. by amendment.) Sec.

There is hereby appropriated from the State General Fund to the Immigration Clinic at the William S.

Boyd School of Law of the University of Nevada, Las Vegas, the sum of $500,000 for the purpose of providing pro bono legal services rel2.inAny remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.

Sec.

Sec.Secs.

28.28 and 29.

The(Deleted provisionsby ofamendment.) NRS- 354.59981st doSession not(2021) apply– to7 any– additionalSec. expenses of a local government that are related to the provisions of this act.

Sec.

29.

NRS 211.007 is hereby repealed.

Sec.

This section becomesand section 26.5 of this act become effective upon passage and approval.

(a) Upon passage and approval for the purpose of appointing members of the Keep Nevada Working Task Force created by section 18 of this act and performing any preparatory administrative tasks necessary to carry out the provisions of sections 15 to 20, inclusive of this act;

and -(b) *AB376_R1*On –July 131, –2021, 3.for all other purposes.

Sections3. 1 to 13, inclusive, and 21, 21.5, 22 and 25 to 29, inclusive, of this act become effective on July 1, 2021.

Sections 1 to 13, inclusive, and 20.3, 21, 21.5, 22, 25, 26, 27, 28 and 29 of this act become effective on July 1, 2021.

Sections 1414, 20.6, 20.9 and 24 of this act become effective:

(a) On July 1, 2021, for the purpose of adopting model policies and performing any other preparatory administrative tasks necessary to carry out the provisions of sections 1414, 20.6, 20.9 and 24 of this act;

TEXT~~~~~ OF21 REPEALED- SECTION81st 211.007Session Required(2021) information before questioning prisoner regarding immigration status.

Before questioning a prisoner who is in the custody of a county or city jail or detention facility regarding his or her immigration status, the person seeking to question the prisoner shall inform the prisoner of the purpose of the questions regarding the immigration status of the prisoner.

H - *AB376_R1*