Bill Summary for H 113 (2017-2018)

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Summary date: 

Feb 15 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 113 (Public) Filed Wednesday, February 15, 2017
AN ACT TO CREATE A PRIVATE CAUSE OF ACTION TO REMEDY LOCAL GOVERNMENT NONCOMPLIANCE WITH STATE IMMIGRATION LAWS
Intro. by Cleveland, Conrad, Millis, Speciale.

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Bill summary

Enacts GS 15A-312 to establish a private cause of action for declaratory and injunctive relief for any person who resides within the jurisdiction of a city, county, or law enforcement agency that the person believes is not in compliance with Article 18 of GS 15A, which prohibits the use of documents issued by a consulate or embassy of another country or any authority not expressly authorized to be used by the General Assembly for purposes of determining a person's actual identity or residency. Sets out filing procedures for an action under this statute. Requires the court to award the prevailing party reasonable attorneys' fees and court costs. Additionally imposes a civil penalty of up $10,000 per day against any city, county, or law enforcement agency that fails to comply with an order issued as a result of an action pursuant to this statute. Defines local law enforcement agency to mean a city police department, a county police department, or a sheriff's office. Amends GS 153A-145.5 and GS 160A-205.2 to enact substantively similar provisions establishing a private cause of action for any person residing in a jurisdiction who believes the county, city, or its respective police department is in violation of the sanctuary ordinance prohibition.

Effective October 1, 2017.