SB205 No benefits to the undocumented

This bill requires you to prove your citizenship to receive any public benefit and makes it a crime for those charged with issuing benefits to not report people who are undocumented.
Bill tracking page
Here’s the text:

A BILL TO BE ENTITLED

AN ACT to clarify that illegal aliens are not eligible for public benefits.

The General Assembly of North Carolina enacts:

SECTION 1. Chapter 64 of the General Statutes is amended by adding a new Article to read:

“Article 1.

“Various Provisions Related to Aliens.”

SECTION 2. G.S. 64‑1 through G.S. 64‑5 are recodified as Article 1 of Chapter 64 of the General Statutes, as created by Section 1 of this act.

SECTION 3. Chapter 64 of the General Statutes is amended by adding a new Article to read:

“Article 2.

“Eligibility for Public Benefits.

“§ 64‑10. Definitions.

The following definitions apply in this Article:

(1) Federal public benefit. — As defined in 8 U.S.C. § 1611.

(2) Political subdivision. — A county or municipality of this State.

(3) State or local public benefit. — As defined in 8 U.S.C. § 1621, except that the term does not include commercial or professional licenses, benefits provided by a public retirement system, or services widely available to the general public population as a whole.

“§ 64‑11. Verification of eligibility for federal public benefits.

(a) Certain Documents Must Be Presented. — Notwithstanding any other provision of law and to the extent permitted by federal law, any natural person who applies for a federal public benefit that is administered by this State or a political subdivision of this State shall submit to the entity that administers the federal public benefit at least one of the following documents demonstrating lawful presence in the United States:

(1) A North Carolina drivers license.

(2) A North Carolina special identification card.

(3) A birth certificate or delayed birth certificate issued in any state, territory, or possession of the United States.

(4) A United States certificate of birth abroad.

(5) A United States passport.

(6) A foreign passport with a United States visa.

(7) An I‑94 form with a photograph.

(8) A United States Citizenship and Immigration Services employment authorization document or refugee travel document.

(9) A United States certificate of naturalization or citizenship.

(10) A tribal certificate of Indian blood.

(11) A tribal or Bureau of Indian Affairs affidavit of birth.

(b) Alternate Documents. — To the extent permitted by federal law, an agency of this State or political subdivision of this State may allow tribal members, the elderly, and persons with disabilities or incapacity of the mind or body to provide documentation as specified in section 6036 of the federal Deficit Reduction Act of 2005, P.L. 109‑171, and related federal guidance in lieu of the documentation required by this section.

(c) Affidavit Required. — Any natural person who applies for a federal public benefit shall sign a sworn affidavit stating that any document presented pursuant to subsection (a) of this section is true under penalty of perjury.

(d) Failure to Report Immigration Violations a Misdemeanor. — Failure to report violations of federal immigration law discovered by an employee of an agency of this State or a political subdivision of this State that administers a federal public benefit is a Class 2 misdemeanor. If that employee’s supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is guilty of a Class 2 misdemeanor.

(e) Nondiscrimination. — This section shall be enforced without regard to race, color, religion, gender, ethnicity, age, disability, or national origin.

(f) Exception. — This section shall not apply to applications for a federal public benefit for which lawful presence in the United States is not required.

“§ 64‑12. Verification of eligibility for State or local public benefits.

(a) Certain Documents Must Be Presented. — Notwithstanding any other provision of law and to the extent permitted by federal law, any State agency or political subdivision of this State that administers any State or local public benefit shall require each natural person who applies for a State or local public benefit to submit to the entity that administers the State or local public benefit at least one of the following documents demonstrating lawful presence in the United States:

(1) A North Carolina drivers license.

(2) A North Carolina special identification card.

(3) A birth certificate or delayed birth certificate issued in any state, territory, or possession of the United States.

(4) A United States certificate of birth abroad.

(5) A United States passport.

(6) A foreign passport with a United States visa.

(7) An I‑94 form with a photograph.

(8) A United States Citizenship and Immigration Services employment authorization document or refugee travel document.

(9) A United States certificate of naturalization or citizenship.

(10) A tribal certificate of Indian blood.

(11) A tribal or Bureau of Indian Affairs affidavit of birth.

(b) Alternate Documents. — To the extent permitted by federal law, an agency of this State or political subdivision of this State may allow tribal members, the elderly, and persons with disabilities or incapacity of the mind or body to provide documentation as specified in section 6036 of the federal Deficit Reduction Act of 2005, P.L. 109‑171, and related federal guidance in lieu of the documentation required by this section.

(c) Affidavit Required. — Any natural person who applies for a State or local public benefit shall sign a sworn affidavit stating that any document presented pursuant to subsection (a) of this section is true under penalty of perjury.

(d) Failure to Report Immigration Violations a Misdemeanor. — Failure to report violations of federal immigration law discovered by an employee of an agency of this State or a political subdivision of this State that administers a State or local public benefit is a Class 2 misdemeanor. If that employee’s supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is guilty of a class 2 misdemeanor.

(e) Nondiscrimination. — This section shall be enforced without regard to race, color, religion, gender, ethnicity, age, disability, or national origin.

“§ 64‑13. Construction and severability.

(a) Construction. — This Article shall be construed in a manner consistent with federal law.

(b) Severability. — The provisions of this Article are severable. If any part of this Article is declared invalid or unconstitutional, such declaration shall not affect the remainder. If any particular interpretation or application of the provisions of this Article is declared invalid or unconstitutional, such declaration shall not affect other interpretations or applications.”

SECTION 4. This act becomes effective October 1, 2011.

HB237 Regualtions require economic impact statement

One sure way to slow down regulations is to increase the paperwork.
Main bill page
Here’s the text:

A BILL TO BE ENTITLED

AN ACT to require economic impact statements on all bills that propose regulatory changes, similar to the fiscal notes that agencies must prepare during rule making.

The General Assembly of North Carolina enacts:

SECTION 1. Chapter 120 of the General Statutes is amended by adding a new Article to read:

“Article 6E.

“Regulatory Legislation Economic Impact Statements.

“§ 120‑30.61. Regulatory legislation that has substantial economic impact must be accompanied by economic impact statement.

(a) Every bill introduced in the General Assembly proposing any change in the law that is regulatory in nature that could cause a substantial economic impact on entities regulated by the legislation shall have attached to it at the time of its consideration by the General Assembly an economic impact statement prepared by the Fiscal Research Division. The economic impact statement shall identify and estimate, for the first five fiscal years the proposed change would be in effect, all costs of the proposed legislation on entities regulated by it. If, after careful investigation, the Fiscal Research Division determines that no dollar estimate is possible, the economic impact statement shall contain a statement to that effect, setting forth the reasons why no dollar amount can be given. No comment or opinion shall be included in the economic impact statement with regard to the merits of the measure for which the note is prepared, but technical and mechanical defects may be noted. As used in this Article, the term “substantial economic impact” means an aggregate financial impact on:

(1) All persons affected of at least one million dollars ($1,000,000) in a 12‑month period; or

(2) Any one person of at least one thousand dollars ($1,000) in a 12‑month period.

(b) The sponsor of each bill to which this section applies shall present a copy of the bill with the request for an economic impact statement to the Fiscal Research Division. The Fiscal Research Division shall prepare the economic impact statement and transmit it to the sponsor within two weeks after the request is made, unless the sponsor agrees to an extension of time.

(c) This economic impact statement shall be attached to the original of each proposed bill that is reported favorably by any committee of the General Assembly, but shall be separate from the bill and shall be clearly designated as an economic impact statement. An economic impact statement attached to a bill pursuant to this subsection is not a part of the bill and is not an expression of legislative intent proposed by the bill.

(d) If a committee of the General Assembly reports favorably a proposed bill with an amendment that proposes a change in the law that could cause a substantial economic impact to entities regulated by it, the chair of the committee shall obtain from the Fiscal Research Division and attach to the amended bill an economic impact statement as provided in this section.

(e) Upon the request of the Fiscal Research Division: (i) the Office of State Budget and Management, (ii) the Department of Revenue, (iii) the Department of the State Treasurer, (iv) the Department of the State Auditor, and (v) the State department most directly concerned shall assist the Fiscal Research Division in the preparation of the economic impact statement.

(f) Copies of economic impact statements prepared by the Fiscal Research Division shall be furnished to the sponsor of the bill.

“§ 120‑30.62. Legislation introduced by request.

Any State department, institution, agency, or other authority requesting a member or members of the General Assembly to introduce regulatory legislation which if enacted would have a substantial fiscal impact on entities regulated by the legislation shall furnish to such member or members, and to the Fiscal Research Division, an economic impact statement containing a realistic estimate of the effect of the measure for the ensuing two fiscal periods.”

SECTION 2. This act becomes effective January 1, 2012.

Mandatory drug testing for people on public assistance

SB-121 Drug testing required for eligibility for public assistance.
A real feel good bill if your idea of feeling good is class warfare.
The bill also does not define ‘public assistance.’ Is it state and federal assistance? Does that include all those bankers who benefited under TARP?
Also, there’s no fiscal note with this, which is odd because it’s going to cost a fortune.
S121 tracking page

Here’s the text:

A BILL TO BE ENTITLED

AN ACT requiring applicants for public assistance to undergo drug testing before the applicant is eligible for public assistance.

The General Assembly of North Carolina enacts:

SECTION 1. Part 1 of Article 2 of Chapter 108A of the General Statutes is amended by adding the following section to read:

“§ 108A‑26.1. Eligibility for assistance.

Notwithstanding any other provision of law, to be eligible for program assistance under this Article, an applicant shall undergo a substance abuse screening as administered by the county department of social services in the county in which the applicant resides, or, in the case of residents of Electing Counties, administered by the public or private entity designated by the board of county commissioners. If the applicant fails to pass the substance abuse screening, the applicant shall be required to undergo substance abuse treatment. The Social Services Commission (Commission) shall adopt rules that establish requirements and policies for (i) substance abuse screenings of applicants, (ii) substance abuse treatment, when applicable, (iii) subsequent screenings of recipients after becoming eligible for public assistance, and (iv) any other requirements or policies the Commission deems relevant.”

SECTION 2. This act is effective when it becomes law.

SB 179 — Your papers, please

Here is the text of the bill introduced on Thursday that requires aliens to carry their registration papers with them at all times. This makes North Carolina the 18th state to consider Arizona-like legislation.
Other links:
Official bill tracking page
UNC study on 287(g) costs (pdf)

AN ACT to create the crime of willful failure to carry or complete an alien registration document.

The General Assembly of North Carolina enacts:

SECTION 1. Chapter 14 of the General Statutes is amended by adding a new Article to read:

“Article 62.

“Crimes Related to Immigration.

“§ 14‑465. Willful failure to complete or carry an alien registration document.

(a) Offense. — In addition to any violation of federal law, a person commits the offense of willful failure to complete or carry an alien registration document if the person is in violation of 8 U.S.C. § 1304(e) or § 1306(a).

(b) Classification. — Willful failure to complete or carry an alien registration document is a Class 1 misdemeanor, except that the maximum fine is one hundred dollars ($100.00) and the maximum imprisonment is 20 days for a first offense and 30 days for subsequent offenses.

(c) Verification of Status. — In enforcing this section, a person’s immigration status may be determined by either of the following:

(1) A law enforcement officer who is authorized by the federal government to verify or ascertain a person’s immigration status.

(2) A federal agency pursuant to 8 U.S.C. § 1373(c).

(d) Cost of Confinement. — In addition to any other penalty prescribed by law, the court shall order a person convicted of the offense described in subsection (a) of this section to pay the costs of the offender’s confinement.

(e) Nondiscrimination. — Law enforcement officers and agencies shall not consider race, color, or national origin in the enforcement of this section.

(f) Exception. — This section does not apply to a person who maintains authorization from the federal government to remain in the United States.

(g) Admissibility of Records. — Any record that relates to the immigration status of a person is admissible in any court without further foundation or testimony from a custodian of records if the record is certified as authentic by the government agency that is responsible for maintaining the record.”

SECTION 2. This act becomes effective December 1, 2011, and applies to offenses committed on or after that date.

Stories:
North Carolina following Az lead
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Bill posting

The bills are coming fast and furious these days.
I’ll be using this blog to post text of bills, excerpts and links to who is organizing oppositions.