Bill Summary for H 135 (2019-2020)

Summary date: 

Feb 20 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 135 (Public) Filed Wednesday, February 20, 2019
AN ACT TO AUTHORIZE INJUNCTIVE RELIEF AGAINST CITIES AND COUNTIES THAT ADOPT SANCTUARY POLICIES, ORDINANCES, OR PROCEDURES IN VIOLATION OF STATE LAW.
Intro. by Cleveland, Presnell, Speciale, Brody.

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Bill summary

Part I

Recodifies GS 15A-311 (Consulate documents not acceptable as identification) as GS 64-6. 

Amends GS 64-6, as recodified above, deleting language in subsection (c), which previously allowed law enforcement officers to use identity documents issued or created by individuals, organizations, or local governments for the purpose of assisting in determining the identity of a person when no other such documents are available. Makes a technical change to the section's catchline.

Effective July 1, 2019.

Part II

Enacts new GS Chapter 64, Article 3, Local Government Noncompliance with State Laws Related to Immigration, setting out specific findings of the General Assembly, including that the policy objectives of the General Assembly are frustrated when cities, counties, and law enforcement agencies do not uniformly comply with State law and that supreme power and complete discretion over State funds appropriations can be used to create additional incentives for compliance. Sets out three definitions in use for the Article, including affected local governmentlaw enforcement agency, and state law related to immigration - defined as GS 64-6(b) (prohibition on adopting policy or ordinance to accept excluded documents as valid id), GS 153A-145.5 (prohibition on adoption of sanctuary ordinances), or GS 160A-205.2.

Directs the Attorney General (AG) to create a form upon which individuals can allege that a city, county, or law enforcement agency is currently not in compliance with a State law related to immigration. The form is to be made available on the AG's website and once completed the form should be sent to the AG. No Social Security number or notarization is required on the form. Anonymous statements submitted on a nonprescribed form are not prohibited from consideration, but all complaints or allegations must be made having a good faith belief.

Requires the AG to begin an investigation into the allegations of noncompliance within 45 days of receipt of filed statement, with a final determination and conclusion of the investigation within 60 days of the investigation's commencement. The AG is authorized to ask for assistance from the State Bureau of Investigation in conducting the investigation. Further directs local governments to produce records or documents related to the investigation within 10 business days of request by the AG. Provides that statements, records, reports, and other investigative documents are confidential and not public records until the investigation is complete or 60 days have elapsed since the investigation was commenced. Authorizes local governments to request that confidential documents be made public. 

Sets out consequences of a determination that a local government is not in compliance with State law related to immigration. Consequences include ineligibility for specified state distributions for a year (which can be extended upon continued non-compliance) and that the AG will notify the affected local governments, the chairs of the Appropriations Committees of the Senate and House of Representatives, the chairs of the Joint Legislative Commission on Governmental Operations, the Office of State Budget and Management, and the Secretary of Revenue. Also includes provisions detailing consequences of the AG receiving notification of noncompliance with E-verify, which include all of the above consequences. Sets out specific entities that receive the consequences of noncompliance with E-Verify regulations. 

Sets out procedures and administrative guidelines for the AG, including reporting requirements. Requires the AG to maintain a database of those entities ineligible for funds and to report to the Joint Legislative Commission on Governmental Operations on a quarterly basis concerning the numbers of statements, investigations, consequences rendered, and the names of those entities found not to be in compliance. 

Sets out the procedure for appealing a determination made by the AG. 

Allows the AG to designate a person to carry out the AG's duties under this Article. Requires the AG to adopt rules necessary to implement the Article.

Allows a person residing in a city, county, or law enforcement agency that the person believes is not complying with a State law related to immigration to bring an action for declaratory and injunctive relief and sets out the procedure for doing so. Requires the court to impose a civil penalty against any city, county, or law enforcement agency that fails to comply with an order issued as a result of such an action of up to $10,000 per day for each day of noncompliance. 

Amends GS 64-33.1 by adding provisions specifying actions to be taken when a local entity or local school administrative unit violates GS 143-133.3, which sets our requirements for E-verify compliance. 

Requires the AG's office to take steps to notify local governments of the act's provisions.

Makes conforming change to GS 136-41.1, GS 105-113.82, GS 105-164.44F, GS 105-164.44I, GS 105-164.44L, and GS 105-187.19.

Enacts new GS 115C-52 requiring the Commissioner of Labor to include notice to the Superintendent of Public Instruction when notifying a local board of education that a local board of education is not in compliance with GS 143-133.3 (concerning E-verify compliance). Prohibits allocating state funds to pay the local superintendent's salary for one 12-month period (to be extended upon continued noncompliance). Requires notification to six listed entities of the determination that the local board of education is not in compliance with GS 143-133.3 and of the period of ineligibility for state funds to be used for the salary of the local school superintendent.

Effective July 1, 2019.

Part III

Amends GS 153A-145.5 (prohibiting counties from adopting sanctuary ordinances) and GS 160A-205.2 (prohibiting cities from adopting sanctuary ordinances) to establish a private cause of action for declaratory and injunctive relief for any person who resides within the jurisdiction of a county or city, respectively, that the person believes is not in compliance with the statute. Requires the court to award the prevailing party reasonable attorneys' fees and court costs. Additionally imposes a civil penalty of up to $10,000 per day against any county or city that fails to comply with an order issued as a result of an action pursuant to the statute. 

Effective July 1, 2019.

Part IV

Further amends GS 153A-145.5 and GS 160A-205.2 by adding that a county or city, respectively, that is in violation of the statute has waived its governmental immunity.

Enacts new GS 153A-435.1 (applicable to counties) and GS 160A-485.1 (applicable to cities) specifying that the county or city has waived its civil liability immunity if it does not comply with the applicable statute prohibiting sanctuary ordinances and an unauthorized alien commits a crime within the county or city. The immunity is waived whether or not the county or city has purchased insurance.

Part V

Enacts new GS 116-40.13 prohibiting constituent institutions from having policies or procedures that limit or restrict the enforcement of federal immigration law. Prohibits constituent institutions from doing the following related to citizenship or immigration status: (1) prohibit law enforcement officials or agencies from gathering such information, (2) direct law enforcement officials or agencies not to gather such information, or (3) prohibit the communication of such information to federal law enforcement agencies. Sets out the procedure for investigating reported violations. Upon determining that there has been a violation, requires the Board of Governors to immediately revoke the constituent institution's status as a special responsibility constituent institution for the fiscal year, which may be extended upon continued noncompliance.

Part VI

Requires the Secretary of the Department of Public Safety to enter into a Memorandum of Agreement (MOA) with the Director of U.S. Immigration and Customs Enforcement (ICE) to allow designated State law enforcement officers to perform immigration law enforcement functions. Specifies training those officers are to receive and provides that they will be under the supervision of ICE officers when performing under the MOA.

© 2019 School of Government The University of North Carolina at Chapel Hill

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