Bill Summary for S 868 (2015-2016)

Printer-friendly: Click to view

Summary date: 

May 12 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 868 (Public) Filed Tuesday, May 10, 2016
Intro. by Sanderson, Newton.

View: All Summaries for BillTracking:

Bill summary

Recodifies GS 15A-311 (Consulate documents not acceptable as identification) as GS 64-6. 

Amends GS 64-6, as recodified above, deleting language in subsection (c) which previously allowed law enforcement officers to use identity documents issued or created by individuals, organizations, or local governments for the purpose of assisting in determining the identity of a person when no other such documents are available. Makes a technical change to the section's catchline.

Enacts new GS Chapter 64, Article 3, Local Government Noncompliance with State Laws Related to Immigration, setting out specific findings of the General Assembly, including that the policy objectives of the General Assembly are frustrated when cities, counties, and law enforcement agencies do not uniformly comply with State law and that supreme power and complete discretion over State funds appropriations can be used to create additional incentives for compliance. Sets out three definitions in use for the Article, including affected local government, law enforcement agency, and state law related to immigration - defined as GS 64-6(b) (prohibition on adopting policy or ordinance to accept excluded documents as valid id), GS 153A-145.5 (prohibition on adoption of sanctuary ordinances), or GS 160A-499.4 [intends to reference GS 160A-205.2 (prohibition on adoption of sanctuary ordinances)].

Directs the Attorney General (AG) to create a form upon which individuals can allege that a city, county, or law enforcement agency is currently not in compliance with a State law related to immigration. The form is to be made available on the AG's website and once completed the form should be sent to the AG. No Social Security number or notarization is required on the form. Anonymous statements submitted on a nonprescribed form are not prohibited from consideration, but all complaints or allegations must be made having a good faith belief.

Requires the AG to begin an investigation into the allegations of noncompliance within 45 days of receipt of filed statement, with a final determination and conclusion of the investigation within 60 days of the investigation's commencement. The AG is authorized to ask for assistance from the State Bureau of Investigation in conducting the investigation. Further directs local governments to produce records or documents related to the investigation within 10 business days of request by the AG. Provides that statements, records, reports, and other investigative documents are confidential and not public records until the investigation is complete or 60 days have elapsed since the investigation was commenced. Authorizes local governments to request that confidential documents be made public. 

Sets out consequences of a determination that a local government or law enforcement agency is not in compliance with State law related to immigration. Consequences include ineligibility for specified state distributions for a fiscal year and that the AG will notify the affected local governments, the chairs of the Appropriations Committees of the Senate and House of Representatives, the chairs of the Joint Legislative Commission on Governmental Operations, and the Office of State Budget and Management. Also includes provisions detailing consequences of the AG receiving notification of noncompliance with E-verify, which include all of the above consequences. Sets out specific entities that receive the consequences of noncompliance with E-Verify regulations. Adds language providing that the General Assembly can create exceptions regarding its discretion and withholding of State funds. 

Sets out procedures and administrative guidelines for the AG, including reporting requirements. Requires the AG to maintain a database of those entities ineligible for funds and to report to the Joint Legislative Commission on Governmental Operations on a quarterly basis concerning the numbers of statements, investigations, consequences rendered, and the names of those entities found not to be in compliance. Further states that the AG's determination is final with no repeal, that the AG can designate an official to carry out the duties of this regulation, and that the AG must promulgate rules needed to implement this Article. 

Provides for a private enforcement action against entities that are not in compliance with State law concerning immigration, in the Superior Court of Wake County; an individual can seek relief in the form of declaratory and injunctive relief. Allows prevailing parties to receive attorneys' fees and court costs.

Amends GS 64-33.1, concerning noncompliance with E-Verify requirements, adding a new subsection (b) that requires the Commissioner of Labor to immediately notify the AG if a political subdivision of the State has violated the E-Verify requirements. The Commissioner of Labor must also notify the AG within 60 days of the violation if the political subdivision has not yet demonstrated compliance with E-Verify. 

Directs the AG's office, with the help of the Departments of Transportation and Public Instruction, to notify local governments of the provisions of this act so steps to be in compliance can be taken.

Amends GS 115C-546.2 (public school capital building fund for counties) and GS 136-41.1 (State distributed funds for roads of cities/towns), adding language that prohibits counties or cities/towns from receiving their respective funds if they are ineligible due to noncompliance with state laws related to immigration. 

Amends 7A-305, costs in civil actions, providing that if the case is brought under GS 64-40 (appears to mean new GS 64-60), concerning noncompliance by local governments or law enforcement of State laws related to immigration, then the party filing the designation must pay an additional $75 for support of the General Court of Justice. 

Appropriates $20,000 from the General Fund to the Department of Justice for the 2016-17 fiscal year to pay for the development costs of the form required in GS 64-51 for reporting noncompliance of state laws related to immigration. 

Effective August 1, 2016.