Bill Summary for H 135 (2019-2020)

Summary date: 

May 2 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

House committee substitute makes the following changes to the 1st edition.

Part I

Adds to GS 64-6, as recodified by the act, to authorize a law enforcement officer or agent to use any documentation an individual presents as proof of identity or residency and to take a photo of the individual if the individual cannot produce allowable documentation of identity and residency. Details parameters of the photo, including that it be only taken from the neck up, retained until the final case disposition, used only to confirm the person's identity, and destroyed upon the final disposition of the matter.

Part II

Modifies proposed GS 64-51, which requires the Attorney General (AG) to create a form upon which individuals can allege that a local government or law enforcement agency is currently not in compliance with a State law related to immigration. Establishes that the form must clearly state that completed forms must be sent to the AG in order to be filed (previously did not specify sending the forms was a qualification for filing). Regarding filing good faith complaints and allegations, refers to a municipality rather than a city believed to not be in compliance with state immigration law.

Regarding the parameters of the AG's investigation into filed statements under proposed GS 64-53, requires the AG to issue a written determination on whether the municipality, county, or law enforcement agency is in compliance with a state immigration law and mail a copy of the written determination to the municipality, county, or law enforcement agency being investigated (previously only required that the AG make a determination). Maintains the previously provided timelines of the investigation. Requires law enforcement agencies under investigation to produce related records or documents within 10 business days of request of the AG (previously limited to local governments under investigation). Makes conforming changes. Provides that local governments or law enforcement agencies under investigation under the statute can authorize in writing that the statements, reports, documents, and records related to an investigation under the statute be made public (previously allowed written requests for documents to be made public).

Modifies proposed GS 64-54 to require any appeal of an AG's determination that a local government is not in compliance with state immigration law be final before the provided consequences of noncompliance apply. Makes clarifying changes regarding consequences of municipality or county noncompliance with state e-verify regulations of GS 143-133.3.

Modifies proposed GS 64-55 regarding the AG's database and reporting requirements, to limit the provisions to affected local governments and no longer include law enforcement agencies. Makes clarifying and technical changes.

Makes organizational changes to the appeals provisions of proposed GS 64-56. Modifies the AG's determination notice requirements to conform to the written determination notice requirements set out in proposed GS 64-53, as amended, now referencing that statute. Modifies the appeals provisions to provide for affected local governments to appeal the AG's determination of noncompliance by filing a contested case under the administrative  provisions of GS Chapter 150B (previously provided for final determinations made either administratively or judicially under GS Chapter 150B). 

Modifies the private enforcement provisions of proposed GS 64-59 to refer to a municipality rather than a city throughout. Deletes the definition set forth for local law enforcement agency.

Modifies proposed GS 64-33.1(b) regarding consequences for violations of GS 143-133.3, to refer to a municipality or county's violation rather than violations of state political subdivisions. 

Makes organizational changes to the act. Changes the act's long title.

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

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