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View NCGA Bill Details2011-2012 Session
Senate Bill 205 (Public) Filed Thursday, March 3, 2011
Intro. by Allran

Status: Re-ref Com On Judiciary Subcommittee A (House Action) (May 24 2012)
S 205

Bill Summaries:

  • Summary date: Jun 8 2011 - View Summary

    Senate committee substitute, reported in on 6/7/11, makes the following changes to the 1st edition. Amends proposed GS 64-12, concerning verification of eligibility for state or local public benefits, to create a new subsection (f) providing that the statute does not apply to applicants for a state or local public benefit for which lawful presence in the United States is not required. Makes other technical change.

  • Summary date: Mar 3 2011 - View Summary

    Creates a new Article 1, Various Provisions Related to Aliens, in GS Chapter 64. Recodifies GS 64-1 through GS 64-5 as Article 1 of GS Chapter 64 as created by this act.
    Creates new Article 2, Eligibility for Public Benefits, in GS Chapter 64. Provides definitions for the following terms as used in proposed Article 2: (1) federal public benefit as defined in 8 USC Section 1611; (2) political subdivision means a county or municipality of North Carolina; and (3) state or local public benefit as defined in 8 USC Section 1621, except that the term excludes commercial or professional licenses, benefits provided by a public retirement system, or services widely available to the general public population as a whole.
    Requires that any natural person who applies for (1) a federal public benefit administered by this state or a political subdivision of this state or (2) a state or local public benefit must provide at least one of the eleven enumerated documents to demonstrate the person’s lawful presence in the United States. To the extent allowed under federal law, permits an agency of the state or political subdivision of the state to allow tribal members, the elderly, and persons with disabilities or incapacity of the mind or body to provide documentation as specified in section 6036 of the federal Deficit Reduction Act of 2005, PL 109-171, in place of the specified documentation. Requires that an applicant for a federal public benefit or a state or local public benefit sign a sworn affidavit under penalty of perjury stating that any documentation presented under proposed Article 2 is true. Makes it a Class 2 misdemeanor for an employee of a state agency or political subdivision that administers federal, state, or local public benefits to fail to report violations of federal immigration law that the employee discovers. Makes a supervisor who knew of the failure to report and did not direct the employee to make the report also guilty of a Class 2 misdemeanor. Provisions regarding federal, state, or local public benefits are to be enforced without regard to race, color, religion, ethnicity, age, disability, or national origin.
    Makes an exception regarding eligibility for federal public benefits, providing that the verification requirements do not apply to applications for federal public benefits for which lawful presence in the United States is not required.
    Directs that proposed Article 2 be construed in a manner consistent with federal law. Provides that the provisions of proposed Article 2 are severable.
    Effective October 1, 2011.