Immigration - As enacted, prohibits state and local governmental entities and officials from adopting sanctuary policies; enacts other related provisions. - Amends TCA Title 4; Title 7; Title 8; Title 9; Title 38; Title 39 and Title 40.
HB2315 has been assigned Public Chapter Number 973 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB2315Date
    Effective date(s) 01/01/201905/23/2018
    Pub. Ch. 97305/23/2018
    Returned by Governor without signature.05/21/2018
    Transmitted to Governor for his action.05/10/2018
    Signed by Senate Speaker05/09/2018
    Signed by H. Speaker05/02/2018
    Enrolled; ready for sig. of H. Speaker.05/01/2018
    Passed Senate, Ayes 27, Nays 504/25/2018
    Amendment withdrawn. (Amendment 5 - SA1156)04/25/2018
    Amendment withdrawn. (Amendment 4 - SA1077)04/25/2018
    Amendment withdrawn. (Amendment 3 - SA1076)04/25/2018
    Amendment withdrawn. (Amendment 2 - SA1030)04/25/2018
    Amendment withdrawn. (Amendment 1 - SA0870)04/25/2018
    Senate substituted House Bill for companion Senate Bill.04/25/2018
    Received from House, Passed on First Consideration04/25/2018
    Engrossed; ready for transmission to Sen.04/25/2018
    Passed H., as am., Ayes 64, Nays 23, PNV 004/25/2018
    H. adopted am. (Amendment 8 - HA1301)04/25/2018
    Am. tabled. (Amendment 7 - HA1299)04/25/2018
    Am. tabled. (Amendment 6 - HA1298)04/25/2018
    H. adopted am. (Amendment 5 - HA1292)04/25/2018
    H. adopted am. (Amendment 4 - HA1291)04/25/2018
    H. adopted am. (Amendment 3 - HA1182)04/25/2018
    Am. withdrawn. (Amendment 2 - HA1181)04/25/2018
    Am. withdrawn. (Amendment 1 - HA1180)04/25/2018
    Sponsor(s) Added.04/25/2018
    H. Placed on Regular Calendar for 4/25/201804/24/2018
    Placed on cal. Calendar & Rules Committee for 4/24/201804/24/2018
    Rec. for pass; ref to Calendar & Rules Committee04/24/2018
    Def. to TACIR in Finance, Ways & Means Committee04/23/2018
    Placed on cal. Finance, Ways & Means Committee for 4/23/201804/19/2018
    Sponsor(s) Added.04/12/2018
    Placed on cal. Finance, Ways & Means Committee for 4/18/201804/11/2018
    Reset on Final cal. of Finance, Ways & Means Committee04/11/2018
    Placed on cal. Finance, Ways & Means Committee for 4/11/201804/11/2018
    Rec. for pass by s/c ref. to Finance, Ways & Means Committee04/11/2018
    Placed on s/c cal Finance, Ways & Means Subcommittee for 4/11/201804/10/2018
    Assigned to s/c Finance, Ways & Means Subcommittee04/10/2018
    Rec. for pass. if am., ref. to Finance, Ways & Means Committee04/10/2018
    Placed on cal. State Government Committee for 4/10/201804/04/2018
    Sponsor(s) Added.04/04/2018
    Sponsor(s) Added.04/03/2018
    Action def. in State Government Committee to Next Calendar04/03/2018
    Placed on cal. State Government Committee for 4/3/201803/28/2018
    Rec for pass if am by s/c ref. to State Government Committee03/28/2018
    Sponsor(s) Added.03/28/2018
    Sponsor(s) Added.03/27/2018
    Sponsor(s) Added.03/26/2018
    Placed on s/c cal State Government Subcommittee for 3/28/201803/21/2018
    Action Def. in s/c State Government Subcommittee to 3/28/201803/21/2018
    Sponsor(s) Added.03/19/2018
    Placed on s/c cal State Government Subcommittee for 3/21/201803/14/2018
    Sponsor(s) Added.02/28/2018
    Sponsor(s) Added.02/26/2018
    Assigned to s/c State Government Subcommittee02/05/2018
    P2C, ref. to State Government Committee02/05/2018
    Intro., P1C.02/01/2018
    Filed for intro.01/31/2018
    Actions For SB2332Date
    Comp. became Pub. Ch. 97305/23/2018
    Sponsor(s) Added.04/26/2018
    Companion House Bill substituted04/25/2018
    Sponsor(s) Added.04/25/2018
    Placed on Senate Regular Calendar calendar for 4/25/201804/24/2018
    Placed on Senate Regular Calendar calendar for 4/24/201804/23/2018
    Sponsor(s) Added.04/11/2018
    Re-refer to Senate Cal. Comm.04/11/2018
    Placed on Senate Regular Calendar calendar for 4/11/201804/06/2018
    Senate Reset on calendar for 4/11/201804/05/2018
    Placed on Senate Regular Calendar calendar for 4/5/201804/03/2018
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 1 PNV 003/20/2018
    Placed on Senate State and Local Government Committee calendar for 3/20/201803/14/2018
    Action deferred in Senate State and Local Government Committee to 3/20/201803/13/2018
    Placed on Senate State and Local Government Committee calendar for 3/13/201803/07/2018
    Action deferred in Senate State and Local Government Committee to 3/13/201802/27/2018
    Placed on Senate State and Local Government Committee calendar for 2/27/201802/21/2018
    Sponsor(s) Added.02/20/2018
    Passed on Second Consideration, refer to Senate State and Local Government Committee02/05/2018
    Introduced, Passed on First Consideration02/01/2018
    Filed for introduction02/01/2018
  • AmendmentsFiscal Memos
    HA1180Amendment 1-0 to HB2315Fiscal Memo for HA1180 (14911)  Fiscal Memo for HA1180 (14911)  
    HA1181Amendment 2-0 to HB2315Fiscal Memo for HA1181 (16438)  
    HA1182Amendment 3-0 to HB2315Fiscal Memo for HA1182 (16991)  Fiscal Memo for HA1182 (16991)  Fiscal Memo for HA1182 (16991)  Fiscal Memo for HA1182 (16991)  
    HA1291Amendment 4-0 to HB2315 
    HA1292Amendment 5-0 to HB2315Fiscal Memo for HA1292 (17233)  Fiscal Memo for HA1292 (17233)  
    HA1298Amendment 6-0 to HB2315 
    HA1299Amendment 7-0 to HB2315 
    HA1301Amendment 8-0 to HB2315Fiscal Memo for HA1301 (17638)  Fiscal Memo for HA1301 (17638)  
    AmendmentsFiscal Memos
    SA0870Amendment 1-1 to SB2332Fiscal Memo for SA0870 (14911)  Fiscal Memo for SA0870 (14911)  
    SA1030Amendment 2- to SB2332Fiscal Memo for SA1030 (16438)  
    SA1076Amendment 3- to SB2332 
    SA1077Amendment 4- to SB2332 
    SA1156Amendment 5- to SB2332Fiscal Memo for SA1156 (17661)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB2315

  • Fiscal Summary

    Other Fiscal Impact - Due to multiple unknown factors, any fiscal impact to federal or local government cannot be quantified with reasonable certainty. State funding will be withheld if a local government entity is found to be out of compliance with sanctuary policy requirements. However, the extent, timing, and duration for any withheld state funds are dependent upon multiple unknown factors and cannot be reasonably determined.


    Bill Summary

    This bill revises present law prohibitions against local government action to interfere with the enforcement of federal immigration laws and extends those prohibitions to state government entities.

    PRESENT LAW

    Present law prohibits local government entities from adopting any ordinance or written policy that expressly prohibits a local government entity, official or employee from complying with applicable federal law pertaining to persons who reside in Tennessee illegally. Present law also prohibits local government officials from materially interfering with the ability of a local government entity, official, or employee to comply with applicable federal law pertaining to persons who reside in Tennessee illegally.

    Present law authorizes any person who believes that a violation of a prohibition against local government activity that affects enforcement of immigration law occurred to file a complaint in chancery court. If the complainant proves by a preponderance of the evidence that a violation has occurred, then the court may issue a writ of mandamus against the local government entity, enjoin the official from further interference, or take such other action to ensure compliance as is within the court's jurisdiction. Any local government entity or official who is found to have committed a violation has at least 90 days, but no more than 120 days, from the date of the court's order to comply with such order before the court is authorized to take additional action to enforce compliance.

    THIS BILL

    This bill replaces the present law prohibitions against local government activity that interferes with enforcement of federal immigration laws with a prohibition against any state or local government or entity or official enacting a sanctuary policy. The full text of this bill defines "sanctuary policy" in detail. Generally, "sanctuary policy" includes policies that:

    (1) Hinder communication and cooperation between state or local government and the federal government to verify or report an alien's immigration status;
    (2) Authorize illegal aliens to remain in Tennessee;
    (3) Interfere with the ability of state or local government entities to detain and transfer aliens to the department of homeland security;
    (4) Require the department of homeland security to obtain a warrant or demonstrate probable cause before complying with a request to detain and transfer an alien to the department; or
    (5) Prevent law enforcement from inquiring into citizenship or immigration status.

    Under this bill, a state or local government entity that adopts a sanctuary policy will be ineligible to receive any state moneys until the policy is repealed, rescinded, or otherwise no longer in effect.

    This bill retains the present law authorization for residents to file a complaint in chancery court, although that complaint will now be based on adoption or enactment of a sanctuary policy. If a resident prevails, the chancellor will be required, rather than authorized, to order some type of action to ensure compliance with the prohibition against sanctuary policies.

    This bill requires the attorney general and reporter (AG) to investigate complaints from residents and requests for opinions from members of the general assembly, which complaints and requests involve alleged violations of this bill's prohibition against sanctuary policies. If the AG determines that a violation of this bill's prohibition against sanctuary policies has occurred, the AG will be required to issue an opinion to that effect and the state or local government entity to which the sanctuary policy applies will be ineligible to receive state moneys, effective on the date of issuance of the AG's opinion until the AG certifies that the sanctuary policy is no longer in effect.

    This bill specifies that law enforcement agencies and officials are authorized, in accordance with federal law, to communicate with a federal official regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States or otherwise to cooperate with the appropriate federal official in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.

    This bill requires law enforcement agencies to seek to negotiate the terms of a memorandum of agreement (MOA) between the law enforcement agency and the appropriate federal official, concerning the enforcement of federal immigration laws. Any MOA negotiated pursuant to this bill must be entered into in accordance with federal law. This bill requires law enforcement agencies to require that each officer they employ be trained in accordance with the MOA concerning the law enforcement officer's role in enforcing federal immigration laws. Each law enforcement agency will be required to negotiate the MOA to allow for the enforcement of federal immigration law to the full extent permitted under federal law. By January 1 of each year, each law enforcement agency will be required to submit a report to the governor and the general assembly on the status of the law enforcement agency's attempts to enter into the MOA.

    ON APRIL 25, 2018, THE HOUSE ADOPTED AMENDMENTS #3, #4, #5, AND #8 AND PASSED HOUSE BILL 2315, AS AMENDED.

    AMENDMENT #3 clarifies that a state or local government entity that adopts or enacts a sanctuary policy will be ineligible to receive any economic and community development state moneys, rather than any state moneys, until the sanctuary policy is repealed, rescinded, or otherwise no longer in effect.

    This amendment removes this bill's requirement that the attorney general receive citizen complaints regarding violations of this bill.

    This amendment adds that, in a citizen suit against a government entity or official alleging a violation of this bill, if the court finds that a state governmental entity or official adopted or enacted a sanctuary policy, the state governmental entity, or the entity to which the official belongs, becomes ineligible to enter into any grant contract with the department of economic and community development. Ineligibility commences on the date the court finds that the state governmental entity or official is in violation of and continues until such time that the court certifies that the sanctuary policy is repealed, rescinded, or otherwise no longer in effect.

    This amendment makes the negotiation of an MOA concerning the enforcement of federal immigration laws between a law enforcement agency and the appropriate federal official permissive rather than mandatory.

    This amendment replaces this bill's requirement that a law enforcement agency report annually to the governor and the general assembly on the status of the law enforcement agency's attempts to enter into the MOA. This amendment instead requires that, when a law enforcement enters into, renews, modifies, or terminates an MOA, the law enforcement agency must provide notice of such action to the governor, the office of the lieutenant governor who shall transmit the notice to the members of the senate, and the office of the speaker of the house of representatives who shall transmit the notice to the members of the house of representatives.

    AMENDMENT #4 changes this bill's effective date from "upon becoming law" to "January 1, 2019."

    AMENDMENT #5 changes the penalty for adopting or enacting a sanctuary policy from being ineligible to "receive any economic and community development state moneys" to being ineligible to "enter into any grant contract with the department of economic and community development".

    AMENDMENT #8 removes the references to "or other requests" from the definition of sanctuary policy in regard to a policy that restricts compliance with "detainers or other requests" or requires the demonstration of probable cause in order prior to compliance with "detainers or other requests".

  • FiscalNote for HB2315/SB2332 filed under HB2315
  • House Floor and Committee Votes

    HB2315 by Reedy - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/25/2018
    Passed
              Ayes...............................................64
              Noes...............................................23

              Representatives voting aye were: Alexander, Boyd, Brooks H, Brooks K, Butt, Byrd, Calfee, Carr, Carter, Casada, Coley, Crawford, Curcio, Daniel, Doss, Dunn, Eldridge, Faison, Forgety, Gant, Goins, Halford, Hawk, Hicks, Hill M, Hill T, Holt, Hulsey, Johnson, Kane, Keisling, Kumar, Lamberth, Littleton, Lollar, Lynn, Marsh, Matheny, Matlock, Moody, Moon, Powers, Ragan, Reedy, Rogers, Rudd, Sexton C, Sexton J, Sherrell, Smith, Sparks, Tillis, Travis, VanHuss, Vaughan, Weaver, White M, Whitson, Williams, Windle, Wirgau, Zachary, Madame Speaker Harwell -- 64.
              Representatives voting no were: Akbari, Beck, Camper, Clemmons, Cooper, DeBerry, Fitzhugh, Gilmore, Hardaway, Hazlewood, Love, McDaniel, Miller, Mitchell, Parkinson, Pitts, Powell, Shaw, Staples, Stewart, Thompson, Towns, Turner -- 23.

    HB2315 by Reedy - FLOOR VOTE: PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/25/2018
    Passed
              Ayes...............................................55
              Noes...............................................26

              Representatives voting aye were: Boyd, Brooks K, Butt, Byrd, Calfee, Carr, Carter, Casada, Coley, Crawford, Daniel, Doss, Eldridge, Forgety, Gant, Goins, Halford, Hawk, Hazlewood, Hicks, Hill M, Hill T, Holt, Hulsey, Kane, Keisling, Kumar, Lamberth, Littleton, Lollar, Lynn, Marsh, Matheny, Matlock, McDaniel, Moody, Moon, Ragan, Ramsey, Reedy, Rogers, Rudd, Sexton C, Sexton J, Sherrell, Tillis, Travis, Vaughan, Weaver, Whitson, Williams, Windle, Wirgau, Zachary, Madame Speaker Harwell -- 55.
              Representatives voting no were: Akbari, Alexander, Beck, Brooks H, Camper, Clemmons, Cooper, DeBerry, Dunn, Faison, Fitzhugh, Gilmore, Hardaway, Love, Miller, Mitchell, Parkinson, Pitts, Powell, Sargent, Shaw, Staples, Stewart, Thompson, Towns, Turner -- 26.

    HB2315 by Reedy - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 7 BY STEWART PASSAGE ON THIRD CONSIDERATION 4/25/2018
    Passed
              Ayes...............................................58
              Noes...............................................28

              Representatives voting aye were: Boyd, Brooks K, Butt, Byrd, Calfee, Carr, Carter, Casada, Coley, Crawford, Curcio, Daniel, Doss, Eldridge, Forgety, Gant, Goins, Halford, Hawk, Hicks, Hill M, Hill T, Holt, Hulsey, Johnson, Kane, Keisling, Kumar, Lamberth, Lollar, Lynn, Marsh, Matheny, McDaniel, Moody, Moon, Powers, Ragan, Ramsey, Reedy, Rogers, Rudd, Sargent, Sexton C, Sexton J, Sherrell, Sparks, Tillis, Travis, VanHuss, Vaughan, Weaver, White M, Whitson, Williams, Wirgau, Zachary -- 58.
              Representatives voting no were: Akbari, Alexander, Beck, Brooks H, Camper, Clemmons, Cooper, DeBerry, Dunn, Fitzhugh, Gilmore, Hardaway, Hazlewood, Littleton, Love, Miller, Mitchell, Parkinson, Pitts, Powell, Shaw, Smith, Staples, Stewart, Thompson, Towns, Turner, Windle -- 28.

    HB2315 by Reedy - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 6 BY STEWART PASSAGE ON THIRD CONSIDERATION 4/25/2018
    Passed
              Ayes...............................................64
              Noes...............................................21

              Representatives voting aye were: Alexander, Boyd, Brooks K, Butt, Byrd, Calfee, Carr, Carter, Casada, Coley, Crawford, Curcio, Daniel, Doss, Eldridge, Faison, Forgety, Gant, Goins, Halford, Hawk, Hicks, Hill M, Hill T, Holt, Hulsey, Johnson, Kane, Keisling, Kumar, Lamberth, Littleton, Lollar, Lynn, Marsh, Matheny, Matlock, McDaniel, Moody, Moon, Powers, Ragan, Ramsey, Reedy, Rogers, Rudd, Sargent, Sexton C, Sexton J, Sherrell, Sparks, Tillis, Travis, VanHuss, Vaughan, Weaver, White M, Whitson, Williams, Windle, Wirgau, Zachary, Madame Speaker Harwell -- 64.
              Representatives voting no were: Akbari, Beck, Camper, Clemmons, Cooper, DeBerry, Fitzhugh, Gilmore, Hardaway, Love, Miller, Mitchell, Parkinson, Pitts, Powell, Shaw, Staples, Stewart, Thompson, Towns, Turner -- 21.

              HB2315 by Reedy - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 4/25/2018 4/24/2018
              Voice Vote - Ayes Prevail Rep(s). Fitzhugh, Stewart requested to be recorded as voting No

    HB2315 by Reedy - HOUSE FINANCE, WAYS, AND MEANS COMMITTEE:
    Rec. for pass; ref to Calendar & Rules Committee 4/23/2018
    Passed
              Ayes...............................................12
              Noes................................................9

              Representatives voting aye were: Brooks K, Byrd, Carter, Coley, Crawford, Hawk, Hicks, Hill M, Johnson, Williams, Wirgau -- 12.
              Representatives voting no were: Camper, DeBerry, Fitzhugh, Gilmore, Hazlewood, Love, McDaniel, Miller, Sargent -- 9.

              HB2315 by Reedy - HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE:
    Rec. for pass by s/c ref. to Finance, Ways & Means Committee 4/11/2018
              Voice Vote - Ayes Prevail Rep(s). Fitzhugh, Hazlewood, Love requested to be recorded as voting No

    HB2315 by Reedy - HOUSE STATE GOVERNMENT COMMITTEE:
    Rec. for pass. if am., ref. to Finance, Ways & Means Committee 4/10/2018
    Passed
              Ayes................................................6
              Noes................................................3
              Present and not voting...................1

              Representatives voting aye were: Daniel, Hulsey, Lamberth, Littleton, Rudd, Sanderson -- 6.
              Representatives voting no were: Jernigan, Powell, Shaw -- 3.
              Representatives present and not voting were: Ramsey -- 1.

              HB2315 by Reedy - HOUSE DEPARTMENTS & AGENCIES SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to State Government Committee 3/28/2018
              Voice Vote - Ayes Prevail Rep(s). Jernigan requested to be recorded as voting No

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB2315

    HB2315 by Reedy - FLOOR VOTE: Third Consideration 4/25/2018
    Passed
              Ayes...............................................27
              Noes................................................5

              Senators voting aye were: Bailey, Bell, Bowling, Briggs, Crowe, Dickerson, Gardenhire, Green, Gresham, Haile, Hensley, Jackson, Johnson, Kelsey, Ketron, Lundberg, Massey, Niceley, Pody, Reeves, Roberts, Southerland, Stevens, Swann, Watson, Yager, Mr. Speaker McNally -- 27.
              Senators voting no were: Harper, Harris, Kyle, Tate, Yarbro -- 5.

    HB2315 by Reedy - FLOOR VOTE: Third Consideration 4/25/2018
    Passed
              Ayes...............................................27
              Noes................................................5

              Senators voting aye were: Bailey, Bell, Bowling, Briggs, Crowe, Dickerson, Gardenhire, Green, Gresham, Haile, Hensley, Jackson, Johnson, Kelsey, Ketron, Lundberg, Massey, Niceley, Pody, Reeves, Roberts, Southerland, Stevens, Swann, Watson, Yager, Mr. Speaker McNally -- 27.
              Senators voting no were: Harper, Harris, Kyle, Tate, Yarbro -- 5.

    SB2332 by Green - SENATE STATE & LOCAL GOVERNMENT COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 1 PNV 0 3/20/2018
    Passed
              Ayes................................................7
              Noes................................................1

              Senators voting aye were: Bailey, Briggs, Gardenhire, Jackson, Johnson, Ketron, Yager -- 7.
              Senators voting no were: Yarbro -- 1.