Bill Summary for H 29 (2021-2022)

Summary date: 

Jan 28 2021

Bill Information:

View NCGA Bill Details2021
House Bill 29 (Public) Filed Thursday, January 28, 2021
AN ACT TO REQUIRE THAT ALL STATE AGENCIES, STATE AGENCY LICENSING BOARDS, AND OCCUPATIONAL LICENSING BOARDS VERIFY THE IMMIGRATION STATUS OF APPLICANTS FOR PUBLIC BENEFITS AND USE THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE) TO OBTAIN THAT VERIFICATION.
Intro. by Cleveland, Warren, Yarborough, Clampitt.

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Bill summary

Includes whereas clauses.

Enacts new GS Chapter 64A (Verification of Eligibility for Receipt of Public Benefits). Adopts definitions of alien and public benefit from federal law. Beginning January 1, 2022, prohibits state agencies, occupational licensing boards, and state agency licensing boards from providing a public benefit to any applicant prior to verifying that person's immigration status, or to persons not meeting certain criteria once their status has been verified. Requires the agencies and boards to enter into a memorandum of agreement or computer matching agreement with the Department of Homeland Security to use the Systematic Alien Verification for Entitlements (SAVE) Program to verify applicants' immigration status.  Mandates annual reporting, starting December 1, 2021, by each agency and board to the specified NCGA committee regarding the implementation of these requirements. Creates a right of private enforcement by any resident of North Carolina who has reason to believe a state agency, occupational licensing board or state licensing board is not in compliance with this Chapter.  Provides that private enforcement is to be filed as an action for declaratory and injunctive relief in the superior court. Authorizes a court to award the prevailing party reasonable attorneys' fees and costs, and to impose a civil penalty against any agency or board not in compliance with any order issued as a result of a private enforcement action up to $10,000 per day for each day not in compliance with the court's order. 

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