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S 0145 - DOT/DMV Legislative Requests

Tracking Level: Enacted
Sponsor: Norman Sanderson (R)
Last Action: 6/25/2018 - Ch. SL 2018-74
Senate Committee: RulesOS
House Committee: RulesCOH
Assigned To:
LiabilityNext Bill
Public SafetyNext Bill
Taxation & FinanceNext Bill

Staff Analysis of the Legislation

Makes numerous changes to current laws, and creates additional new laws, aimed at sanctioning local governments with respect to enforcement of federal immigration laws. Creates a process by which any person may file a complaint with the Attorney General alleging that a local government is not in compliance with a state law related to immigration, resulting in an investigation of the complaint by the Attorney General. Does not grant local governments due process rights in this investigation, except for appeal right subsequent to the decision. Directs withholding of municipal revenues if the Attorney General finds the local government in non-compliance, including sales and excise tax distributions collected by the State for beer and wine, telecommunications, video programming, and piped natural gas, as well as Powell Bill funds and a privilege tax imposed on tire retailers or wholesale merchants. Applies this same penalty if the Secretary of Labor finds any local government to have violated the E-verify statutes, again, without giving the local government due process rights when that determination is made. Creates a new cause of action for any local government resident against their unit of local government, when that person believes the local government did not comply with state laws related to acceptance of identity documents or enforcement of federal immigration laws; authorizes an action for declaratory and injunctive relief; awards attorney’s fees and court costs payments to the prevailing party in these actions. Declares that any city found in violation of the state’s prohibition against “sanctuary cities” waives its governmental immunity in cases where an unauthorized alien commits a crime within the city jurisdiction. The bill also makes other changes related to identification of persons, the University of North Carolina system, and authority for State law enforcement officers to enforce federal immigration laws under the 287(g) program. (version 1)


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text
Summary:

DOT/DMV Legislative Requests

Title:

DOT/DMV Legislative Requests

Introduction Date:

Tuesday, February 28, 2017