Bill Summary for H 135 (2019-2020)

Summary date: 

Jun 26 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 to the 3rd edition makes the following changes. Deletes the content of the previous edition and replaces it with the following. 

Amends GS 153A-145.5 to declare null and void any county policy, ordinance, or procedure that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law (previously prohibited a county from having in effect any such policy, ordinance, or procedure). Adds that any person may bring action seeking an injunction. 

Amends GS 160A-205.2 to declare null and void any city policy, ordinance, or procedure that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law (previously prohibited a city from having in effect any such policy, ordinance, or procedure). Gives the General Court of Justice jurisdiction to enter mandatory or prohibitory injunctions to enjoin violations of the statute. Adds that any person may bring an action seeking an injunction. Provides that the plaintiff does not need to allege or prove special damage different from that suffered by the public at large; it is also not a defense that there is an adequate remedy at law. Sets out additional requirements of the injunction. Requires that these actions be set down for immediate hearing with subsequent proceedings in those actions given priority by the trial and appellate courts. Allows recovery of reasonable attorneys' fees in any action in which a party successfully obtains injunctive relief. Prohibits assessing attorneys' fees against the governmental body or governmental unit if the court finds that the body or unit acted in reasonable reliance on (1) a judgment or order of a court applicable to the governmental unit or governmental body or (2) the published opinion of an appellate court, an order of the North Carolina Business Court, or a final order of the Trial Division of the General Court of Justice. Requires the court to assess reasonable attorneys' fees against the person instituting the action when an action is filed in bad faith or was frivolous.

Appropriates the following nonrecurring funds for 2019-2020 from the unappropriated fund balance: (1) $10,000 to the North Carolina Department of Labor to provide public education as to this act and (2) $5,000 to the North Carolina Office of State Budget and Management to provide grants to the North Carolina League of Municipalities in the amount of $3,000 and to the North Carolina County Commissioners Association in the amount of $2,000 to provide education for local governments as to this act. 

Makes conforming changes to the act's titles. 

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