Bill Summary for H 318 (2015-2016)

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Summary date: 

Apr 15 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 318 (Public) Filed Thursday, March 19, 2015
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.

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Bill summary

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

Changes the long title.

Enacts GS 143-133.3, E-verify compliance, prohibiting any board or governing body of the state, state institution, or any political subdivision of the state from entering a contract unless the contractor/subcontractors comply with the E-verify requirements. Provides that compliance is met by including a requirement in contracts that the contractor/subcontractors are required to comply with E-verify. Provides that such requirements do not apply to contracts for transportation, lodging, solely for the purchase of goods, and specified contracts under GS 143-129(e)(9) or (9a).

Deletes proposed changes to GS 160A-20.1(b) and 153A-449(b), which prohibited a city/county from entering into a contract unless the contractor and subcontractors comply with specified requirements, and repeals each provision instead. 

Amends GS 159-28(e), concerning penalties under the Local Government Finance Act, adding language that provides that inclusion of a contract term requiring compliance with E-verify requirements is deemed compliance with the requirement in GS 143-133.3(a). 

Makes technical and conforming changes to GS 64-27, 64-28, 64-29, 64-30 and to proposed 64-33.1, reflecting the repeals made above and the enactment of GS 143-133.3.

Adds clarifying language to the effective date provision, providing act is effective October 1, 2015, applying to contracts entered into on or after that date.