Bill Summary for H 62 (2021-2022)

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Summary date: 

Mar 9 2021

Bill Information:

View NCGA Bill Details2021
House Bill 62 (Public) Filed Monday, February 8, 2021
AN ACT TO AUTHORIZE INJUNCTIVE RELIEF AGAINST CITIES AND COUNTIES THAT ADOPT SANCTUARY POLICIES, ORDINANCES, OR PROCEDURES IN VIOLATION OF STATE LAW.
Intro. by Cleveland, Warren, Clampitt.

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Bill summary

House committee substitute amends the 1st edition as follows. 

Modifies the proposed changes to GS 153A-145.5 and GS 160A-205.2, which creates a right of action for any person to seek an injunction for any violation of the statutes prohibiting sanctuary ordinances. Changes standing required to bring an action seeking injunction under the statutes to restrict standing to North Carolina residents who are either a US citizen or a lawfully admitted permanent resident.

Amends the proposed provisions regarding the award of attorneys' fees in injunctive actions under GS 160A-205.2 as amended (concerning cities) to prohibit assessing attorneys' fees against the governmental body or unit if the court finds the body or unit acted in reasonable reliance on a judgement or order entered in a case to which the body or unit is a party (previously more generally an applicable judgment or order). No longer prohibits assessing attorneys' fees against the body or unit for reasonable reliance on the published opinion of an appellate court, an order of the NC Business Court, or a final order of the Trial Division of the General Court of Justice.

Eliminates the proposed appropriations to the Department of Labor and the Office of State Budget and Management for education on the act's provisions.