Bill Summary for H 318 (2015-2016)
Printer-friendly: Click to view
Summary date:
Bill Information:
View NCGA Bill Details | 2015-2016 Session |
AN ACT TO REQUIRE E‑VERIFY COMPLIANCE IN CERTAIN GOVERNMENTAL CONTRACTS, TO PROVIDE THAT CERTAIN CONSULATE OR EMBASSY DOCUMENTS MAY NOT BE USED TO DETERMINE A PERSON'S IDENTIFICATION OR RESIDENCE FOR GOVERNMENTAL AND LAW ENFORCEMENT PURPOSES, TO PROHIBIT ADOPTION OF SANCTUARY CITY ORDINANCES, AND TO PROHIBIT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FROM SEEKING CERTAIN WAIVERS.Intro. by Cleveland, Millis, Whitmire, Conrad.
View: All Summaries for Bill | Tracking: |
Bill summary
Amends the definitions in GS 64-25 as follows. Amends the definition of employee to remove the exclusion from the term for individuals whose term of employment is less than nine months in a calendar year; adds that the term does not include a farm worker, an independent contractor, or an individual who provides domestic service in a private home that is sporadic irregular, or intermittent. Adds and defines the terms farm worker and independent contractor.
Amends GS 160A-20.1(b) (cities) and GS 153A-449(b) (counties) to prohibit a city/county from entering into a contract unless the contractor and subcontractors under the contract comply with the requirements of Article 2, Verification to Work Authorization. Adds that the requirements are satisfied if the city/county includes a term in all contracts it enters into that requires contractors and the contractor's subcontractors to use E-Verify. Amends GS 64-27 to require the Commissioner of Labor (Commissioner) to prescribe complaint forms for violations of these statutes and amends GS 64-28 to update the statute to provide guidelines for filing a complaint for violations of these statutes. Amends GS 64-29 to govern the investigation of complaints that a city or county is violating the statutes. Amends GS 64-30 to require the Commissioner to hold a hearing to determine if GS 153A-449(b) or GS 160A-20.1(b) has been violated and take appropriate action under new GS 64-33.1. Enacts new GS 64-33.1 to notify the city or county found to have committed the violation of GS 153A-449(b) or GS 160A-20.1(b) that it is in violation of the statute. Requires the Department of Labor to keep a list of counties and cities issued notices and post it on its website. Makes conforming changes.
Enacts new Article 18 of GS Chapter 15A, Identification Documents. Enacts new GS 15A-306 providing that the following documents are not acceptable for use in determining a person's actual identity or residency by a justice, judge, clerk, magistrate, law enforcement officer, or other government official: (1) a matricula consular or other similar document, other than a valid passport, issued by a consulate or embassy of another country; (2) an identity document issued or created by any person, organization, county, city, or other local authority, except where expressly authorized to be used for this purpose by the General Assembly. Prohibits a local government or law enforcement agency from establishing the acceptability of any of those documents as a form of identification to be used to determine the identity or residency of any person. Repeals any local government policy or ordinance that contradicts this statute. Makes conforming changes to GS 20-7, which provides examples of documents considered to be reasonably reliable indicators of residency; to GS 58-2-164, which provides examples of documents considered to be reliable proof of residency or eligible risk; and GS 108A-55.3 listing documents that can be used to meet the proof of residency when applying for medical assistance benefits.
Effective October 1, 2015.