North Carolina 2017-2018 Session Status: In Committee 3 R cosponsors

HB 63 — Citizens Protection Act of 2017.

Last action — Reptd Fav Com Substitute

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    Introduced
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    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

261 added · 491 removed

Plain-language change summary

The recent changes to House Bill 63 include the addition of a statement clarifying that the bill is sponsored by members of the North Carolina General Assembly, as well as a specific reference to its referral to the Judiciary II and Appropriations committees. Some earlier technical notations were removed to simplify the presentation. These adjustments help ensure that the bill is clearly attributed to its sponsors and provides a straightforward path for legislative review, which is important for transparency and accountability in the legislative process.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 2 HOUSE BILL 63 Committee Substitute Favorable 3/14/17 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 63 Short Title:
Representatives Warren, Collins, Jordan, and Adams (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
February 9, 2017 A BILL TO BE ENTITLED AN ACT TO REDUCE IDENTITY THEFT BY INCREASING PENALTIES FOR THE MANUFACTURE OR SALE OF COUNTERFEIT DOCUMENTS;
Judiciary II, if favorable, Appropriations February 9, 2017 A BILL TO BE ENTITLED AN ACT TO REDUCE IDENTITY THEFT BY INCREASING PENALTIES FOR THE MANUFACTURE OR SALE OF COUNTERFEIT DOCUMENTS;
TO MAKE PROVISIONS REGARDING IMMIGRATION STATUS RECORDS AND LAW ENFORCEMENT TRANSPORT OF ILLEGAL ALIENS;
AND TO ENACT A PENALTY FOR CITIES AND COUNTIES THAT VIOLATE STATE LAWS RELATED TO SANCTUARY CITIES.
AND TO CREATE ADDITIONAL INCENTIVES FOR LOCAL GOVERNMENTS TO COMPLY WITH STATE LAWS RELATED TO IMMIGRATION.
PART I.
9 PART I.
*H63-v-2* General Assembly Of North Carolina Session 2017 (e) A violation of this section shall be punished as is a Class 1 misdemeanor.misdemeanor, except that a violation of subsection (a) of this section with respect to the manufacture or sale of a false or fraudulent form of identification is a Class G felony." SECTION 2.(b) G.S.
*H63-v-1* General Assembly Of North Carolina Session 2017 (e) A violation of this section shall be punished as is a Class 1 misdemeanor.misdemeanor, except that a violation of subsection (a) of this section with respect to the manufacture or sale of a false or fraudulent form of identification is a Class G felony." SECTION 2.(b) G.S.
Any Page 2 House Bill 63-Second Edition General Assembly Of North Carolina Session 2017 regular drivers license possessed at the same time as a commercial drivers license is subject to immediate seizure by any law enforcement officer or judicial official.
Any regular drivers Page 2 House Bill 63-First Edition General Assembly Of North Carolina Session 2017 license possessed at the same time as a commercial drivers license is subject to immediate seizure by any law enforcement officer or judicial official.
14-50.20, and not more than five years has House Bill 63-Second Edition Page 3 General Assembly Of North Carolina Session 2017 elapsed since the date of conviction or the person's release for the offense, whichever is later.
14-50.20, and not more than five years has elapsed since the date of conviction or the person's release for the offense, whichever is later.
(f) There shall be is a rebuttable presumption that no condition of release will reasonably assure the appearance of the person as required and the safety of the community, if a judicial official finds there is reasonable cause to believe that the person committed a felony or Class A1 misdemeanor offense involving the illegal use, possession, or discharge of a firearm;
House Bill 63-First Edition Page 3 General Assembly Of North Carolina Session 2017 (f) There shall be is a rebuttable presumption that no condition of release will reasonably assure the appearance of the person as required and the safety of the community, if a judicial official finds there is reasonable cause to believe that the person committed a felony or Class A1 misdemeanor offense involving the illegal use, possession, or discharge of a firearm;
14-33(a) that includes assault as an essential element of the offense.
14-33(a) that includes assault as an essential element of the offense or as an aggravating factor in sentencing.
90-95, other than a violation of G.S.
90-95, other than a violation for mere possession of a controlled substance.
90-95(a)(3) punishable pursuant to G.S.
90-95(d).
15A-534(a)(4)." Page 4 House Bill 63-Second Edition General Assembly Of North Carolina Session 2017 PART IV.
15A-534(a)(4)." PART IV.
IMMIGRATION STATUS RECORDS AND TRANSPORT OF ILLEGAL ALIENS SECTION 4.
MISCELLANEOUS PROVISIONS Page 4 House Bill 63-First Edition General Assembly Of North Carolina Session 2017 SECTION 4.(a) Article 1 of Chapter 64 of the General Statutes is amended by adding the following new sections to read:
Article 1 of Chapter 64 of the General Statutes is amended by adding the following new sections to read:
A law enforcement agency shall obtain judicial authorization or executive authorization from the Governor before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is outside this State.
A law enforcement agency shall obtain judicial or executive authorization from the Governor before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is outside this State.
If any particular interpretation or application of the provisions of this Chapter is House Bill 63-Second Edition Page 5 General Assembly Of North Carolina Session 2017 declared invalid or unconstitutional, the declaration shall not affect other interpretations or applications of this Chapter." 4 PART V.
If any particular interpretation or application of the provisions of this Chapter is declared invalid or unconstitutional, the declaration shall not affect other interpretations or applications of this Chapter." SECTION 4.(b) G.S.
CREATION OF ADDITIONAL INCENTIVES FOR LOCAL GOVERNMENTS TO COMPLY WITH STATE LAWS RELATED TO IMMIGRATION SECTION 5.(a) Chapter 64 of the General Statutes is amended by adding a new Article to read:
153A-145.5 is amended by adding a new subsection to read:
"Article 3.
"(c) The Secretary of Revenue shall withhold any distributions otherwise due under G.S.
"Local Government Noncompliance With State Laws Related to Immigration.
105-113.82, 105-164.44F, 105-164.44I, and 105-164.44L for any period during which a county is in violation of subsection (a) or (b) of this section.
"§ 64-49.
The Attorney General shall be House Bill 63-First Edition Page 5 General Assembly Of North Carolina Session 2017 responsible for administering this subsection and shall adopt rules governing its implementation.
Findings.
The Secretary of Revenue, the Office of State Budget and Management, the State Controller, and all other State agencies and officials shall cooperate fully with the implementation of this section and the rules adopted pursuant thereto." SECTION 4.(c) G.S.
The General Assembly finds the following:
160A-499.4 is amended by adding a new subsection to read:
(1) That the policy objectives it seeks to further by enacting State laws applicable to cities, counties, and law enforcement agencies are frustrated when those entities do not uniformly comply with State law.
"(d) The Secretary of Revenue shall withhold any distributions otherwise due under G.S.
(2) That Section 7(1) of Article V and other sections of the North Carolina Constitution grant the General Assembly supreme power and complete discretion over the appropriation of State funds.
105-113.82, 105-164.44F, 105-164.44I, and 105-164.44L for any period during which a city is in violation of subsection (a) or (b) of this section.
(3) That the General Assembly's power over the appropriation of State funds can be used to create additional incentives for cities, counties, and law enforcement agencies to comply with duly enacted laws.
The Attorney General shall be responsible for administering this subsection and shall adopt rules governing its implementation.
(4) That statutorily setting forth the manner in which the General Assembly elects to exercise its discretion with respect to appropriations provides cities, counties, and law enforcement agencies with a measure of predictability that can be useful to those entities in planning and carrying out their functions and duties.
The Secretary of Revenue, the Office of State Budget and Management, the State Controller, and all other State agencies and officials shall cooperate fully with the implementation of this section and the rules adopted pursuant thereto." SECTION 4.(d) Subsections (b) and (c) of this section become effective October 1, 2017.
"§ 64-50.
PART V.
Definitions.
EFFECTIVE DATE AND SEVERABILITY CLAUSE SECTION 5.(a) Sections 2 and 3 of this act become effective December 1, 2017, and apply to offenses committed on or after that date.
The following definitions apply in this Article:
Except as otherwise provided, the remainder of this act is effective when it becomes law.
(1) Affected local government.
SECTION 5.(b) The provisions of this act are severable.
– Any of the following:
a.
A municipality found to be not in compliance with a State law related to immigration.
b.
A municipality in which a municipal law enforcement agency has been found to be not in compliance with a State law related to immigration.
c.
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A county found to be not in compliance with a State law related to immigration.
d.
A county in which a county law enforcement agency has been found to be not in compliance with a State law related to immigration.
(2) Law enforcement agency.
– A municipal police department, a county police department, or a sheriff's office.
(3) State law related to immigration.
– G.S.
153A-145.5 or G.S.
160A-205.2.
"§ 64-51.
Attorney General to prepare form.
(a) Preparation of Form.
– The Attorney General shall prescribe a form for a person to allege that a city, county, or law enforcement agency is not in compliance with a State law related to immigration.
The form shall clearly state that completed forms shall be sent to the Attorney General, and the form shall be made available to the public on the Attorney General's Web site.
(b) Certain Information Not Required.
– A person shall not be required to list the person's Social Security number on the complaint form or to have the form notarized.
"§ 64-52.
Filing of statement alleging noncompliance with a State law related to immigration.
Page 6 House Bill 63-Second Edition General Assembly Of North Carolina Session 2017 Any person with a good-faith belief that a city, county, or law enforcement agency is not in compliance with a State law related to immigration may file a statement with the Attorney General setting forth the basis for that belief.
The statement may be on a form prescribed by the Attorney General pursuant to G.S.
64-51 or may be made in any other form that gives the Attorney General information sufficient to proceed with an investigation pursuant to G.S.
64-53.
Nothing in this section shall be construed to prohibit the filing of anonymous statements that are not submitted on a prescribed form.
"§ 64-53.
Investigation.
(a) Investigation.
– Within 45 days of receipt of a statement filed in accordance with G.S.
64-52, the Attorney General shall commence an investigation of whether the city, county, or law enforcement agency is in fact not in compliance with a State law related to immigration.
The Attorney General shall make a determination and conclude an investigation commenced pursuant to this subsection within 60 days of the investigation's commencement.
(b) Assistance by Law Enforcement.
– The Attorney General may request that the State Bureau of Investigation assist in an investigation under this section, and the State Bureau of Investigation shall assist in the investigation when it receives such a request.
(c) Production of Documents.
– A local government shall produce records or documents related to alleged noncompliance with a State law related to immigration within 10 business days of a request by the Attorney General to do so.
(d) Confidentiality.
– Statements filed with the Attorney General pursuant to G.S.
64-52 and reports and other investigative documents and records of the Attorney General connected to an investigation under this section shall be confidential and not matters of public record, except when the local government under investigation requests in writing that these documents be made public.
Once an investigation under this section is complete, or once 60 days have elapsed since the investigation was commenced, whichever is earlier, the statement and all other reports and other investigative documents and records of the Attorney General connected to an investigation under this section, not otherwise privileged or confidential under law, shall be public records.
"§ 64-54.
Consequences of noncompliance with a State law related to immigration.
(a) Consequences of Noncompliance Generally.
– If the Attorney General determines that an affected local government is not in compliance with a State law related to immigration, all of the following shall apply:
(1) The affected local government shall be ineligible to receive distributions under G.S.
105-113.82, 105-164.44F, 105-164.44I, 105-164.44L, 105-187.16, and 136-41.1 following the first date of noncompliance with the State law related to immigration.
(2) If, after the Attorney General's determination, the affected local government demonstrates to the Attorney General's satisfaction that it is in compliance with all State laws related to immigration, the local government regains eligibility to receive distributions described in subdivision (1) of this subsection.
The period of ineligibility shall extend for a maximum of two years from the first determination of noncompliance.
(3) The Attorney General shall notify the following entities of the determination that the affected local government is not in compliance with a State law related to immigration and of the duration of the period of ineligibility to receive funds determined pursuant to subdivision (1) of this subsection:
a.
The affected local government.
b.
The chairs of the Appropriations Committees of the Senate and House of Representatives.
c.
The chairs of the Joint Legislative Commission on Governmental Operations.
House Bill 63-Second Edition Page 7 General Assembly Of North Carolina Session 2017 d.
The Office of State Budget and Management.
e.
The Secretary of Revenue.
(4) The Office of State Budget and Management shall notify the Department of Transportation and the State Controller of an affected local government's ineligibility to receive the funds described in subdivision (1) of this subsection.
The Secretary of Revenue shall withhold any distributions otherwise due to the affected local government under subdivision (1) of this subsection.
(5) The Department of Transportation, the State Controller, and the Secretary of Revenue shall ensure that the funds described in subdivision (1) of this subsection are not distributed to an affected local government and that the funds are instead distributed to other local governments that are eligible for distributions pursuant to the relevant statute.
(b) Consequences of Noncompliance;
E-Verify Statutes.
– When the Attorney General receives a notification from the Commissioner of Labor pursuant to G.S.
64-33.1(b), the Attorney General, the Office of State Budget and Management, the State Controller, the Secretary of Revenue, and the Department of Transportation shall take all of the actions described in subsection (a) of this section except that those actions shall be taken with respect to only the following entities, as applicable:
(1) A municipality found by the Commissioner of Labor to have violated G.S.
143-133.3.
(2) A municipality in which all or part of a local school administrative unit governed by a local board, as those terms are defined in G.S.
115C-5, found by the Commissioner of Labor to have violated G.S.
143-133.3 is located.
(3) A county found by the Commissioner of Labor to have violated G.S.
143-133.3.
(4) A county in which all or part of a local school administrative unit governed by a local board, as those terms are defined in G.S.
115C-5, found by the Commissioner of Labor to have violated G.S.
143-133.3 is located.
(c) Exceptions.
– No enactment by the General Assembly shall be construed as an exception to this section unless it specifically mentions this section.
"§ 64-55.
Attorney General to maintain copies of orders;
reporting.
(a) Database.
– The Attorney General shall maintain a database of the local governments and law enforcement agencies that are ineligible to receive the funds described in G.S.
64-54(a)(1) and shall make the database accessible to the public through the Attorney General's Web site.
(b) Reporting.
– The Attorney General shall report quarterly to the Joint Legislative Commission on Governmental Operations on all of the following:
(1) The number of statements received by the Attorney General pursuant to G.S.
64-52.
(2) The number of investigations performed pursuant to G.S.
64-53.
(3) The number of times consequences for noncompliance with a State law related to immigration were imposed pursuant to G.S.
64-54.
(4) The names of cities, counties, and law enforcement agencies found not to be in compliance with a State law related to immigration.
"§ 64-56.
Appeal.
A determination made by the Attorney General under this Article may be appealed only to the extent and in the manner required by the United States and North Carolina Constitutions.
The imposition of consequences for noncompliance with a State law related to immigration pursuant to G.S.
64-54 shall not occur until an appeal made under this section is complete.
However, if an appeal under this section is unsuccessful, the length of the period during which Page 8 House Bill 63-Second Edition General Assembly Of North Carolina Session 2017 an affected local government shall be ineligible to receive the funds described in G.S.
64-54(a)(1) shall be the same as it would have been had no appeal been made, regardless of which fiscal year or years the resulting period of ineligibility shall occur.
"§ 64-57.
Attorney General may designate appointed official to carry out duties.
The Attorney General may designate a person to carry out the Attorney General's duties under this Article.
The designee shall be an individual appointed by the Attorney General and shall not be a member of the Council of State or any other elected official.
"§ 64-58.
Rules.
The Attorney General shall adopt rules needed to implement this Article.
"§ 64-59.
Private enforcement.
In addition to any other remedies at law or in equity, any person who resides within the jurisdiction of a city, county, or law enforcement agency that the person believes is not in compliance with a State law related to immigration may bring an action for declaratory and injunctive relief.
Such an action shall be filed in the Superior Court of Wake County.
The court shall award the prevailing party in an action brought under this section reasonable attorneys' fees and court costs as authorized by law." SECTION 5.(b) G.S.
64-33.1 reads as rewritten:
"§ 64-33.1 Consequences of violation of G.S.
143-133.3.
(a) All Violations.
– For any violation of G.S.
143-133.3, the Commissioner shall notify the board or governing body of the State, or of any institution of the State government, or of any political subdivision of the State, found to have committed the violation that the board or governing body of the State, or of any institution of the State government, or of any political subdivision of the State, is in violation of the applicable statute.
The Department of Labor shall maintain a list of any boards or governing bodies of the State, or of any institutions of the State government, or of any political subdivisions of the State, issued notices pursuant to this section and shall make that list available on its Web site.
(b) Violations by Certain Local Entities.
– For a violation of G.S.
143-133.3 by a political subdivision of the State, the Commissioner shall immediately notify the Attorney General of the violation so that the Attorney General can take action in accordance with G.S.
64-54(b).
Additionally, the Commissioner shall notify the Attorney General if, within 60 days of the Commissioner's determination that there has been a violation, the political subdivision fails to demonstrate to the Commissioner's satisfaction that the political subdivision is in compliance with G.S.
143-133.3.
The Commissioner may hold additional hearings as needed to implement this subsection." SECTION 5.(c) The Attorney General's office shall take reasonable steps to notify local governments of the provisions of this act so that the local governments can take appropriate steps to comply with this act's requirements.
SECTION 5.(d) G.S.
136-41.1 is amended by adding a new subsection to read:
"(e) No city or town shall receive any allocation under this section for any period during which it is ineligible to receive those funds under G.S.
64-54." SECTION 5.(e) G.S.
105-113.82(a) reads as rewritten:
"(a) Amount.
– The Subject to G.S.
64-54, the Secretary must distribute annually a percentage of the net amount of excise taxes collected on the sale of malt beverages and wine during the preceding 12-month period ending March 31 to the counties or cities in which the retail sale of these beverages is authorized in the entire county or city.
The percentages to be distributed are as follows:
…." SECTION 5.(f) G.S.
105-164.44F(a) reads as rewritten:
"(a) Amount.
– The Subject to G.S.
64-54, the Secretary must distribute part of the taxes imposed by G.S.
105-164.4(a)(4c) on telecommunications service and ancillary service.
The Secretary must make the distribution within 75 days after the end of each calendar quarter.
The House Bill 63-Second Edition Page 9 General Assembly Of North Carolina Session 2017 amount the Secretary must distribute is the following percentages of the net proceeds of the taxes collected during the quarter:
…." SECTION 5.(g) G.S.
105-164.44I(a) reads as rewritten:
"(a) Distribution.
– The Subject to G.S.
64-54, the Secretary must distribute to the counties and cities part of the taxes imposed by G.S.
105-164.4(a)(4c) on telecommunications service and G.S.
105-164.4(a)(6) on video programming service.
The Secretary must make the distribution within 75 days after the end of each calendar quarter.
The amount the Secretary must distribute is the sum of the revenue listed in this subsection.
From this amount, the Secretary must first make the distribution required by subsection (b) of this section and then distribute the remainder in accordance with subsections (c) and (d) of this section.
The revenue to be distributed under this section consists of the following:
…." SECTION 5.(h) G.S.
105-164.44L(a) reads as rewritten:
"(a) Distribution.
– The Subject to G.S.
64-54, the Secretary must distribute to cities twenty percent (20%) of the net proceeds of the tax collected under G.S.
105-164.4 on piped natural gas, less the cost to the Department of administering the distribution.
Each city's share of the amount to be distributed is its excise tax share calculated under subsection (b) of this section plus its ad valorem share calculated under subsection (c) of this section.
A gas city will also receive an amount calculated under subsection (b1) of this section as part of its excise tax share.
If the net proceeds of the tax allocated under this section are not sufficient to distribute the excise tax share of each city under subsection (b) of this section and the gas city share under subsection (b1) of this section, the proceeds shall be distributed to each city on a pro rata basis.
The Secretary must make the distribution within 75 days after the end of each quarter." SECTION 5.(i) G.S.
105-187.19(b) reads as rewritten:
"(b) Each quarter, the Secretary shall credit thirty percent (30%) of the net tax proceeds to the General Fund.
The Subject to G.S.
64-54, the Secretary shall distribute the remaining seventy percent (70%) of the net tax proceeds among the counties on a per capita basis according to the most recent annual population estimates certified to the Secretary by the State Budget Officer." SECTION 5.(j) G.S.
143B-919 is amended by adding a new subsection to read:
"(d1) The State Bureau of Investigation is further authorized, upon the request of the Attorney General, to investigate local government noncompliance with State laws related to immigration pursuant to the provisions of Article 3 of Chapter 64 of the General Statutes." PART VI.
EFFECTIVE DATE AND SEVERABILITY CLAUSE SECTION 6.(a) Sections 2 and 3 of this act become effective December 1, 2017, and apply to offenses committed on or after that date.
Section 5 of this act becomes effective August 1, 2017.
The remainder of this act is effective when it becomes law.
SECTION 6.(b) The provisions of this act are severable.
Page 10 House Bill 63-Second Edition
Page 6 House Bill 63-First Edition
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Action History

  1. Reptd Fav Com Substitute

  2. Re-ref Com On Finance

  3. Serial Referral To Appropriations Added

  4. Serial Referral To Appropriations Stricken

  5. Serial Referral To Finance Added

  6. Passed 1st Reading

  7. Ref to the Com on Judiciary II, if favorable, Appropriations

  8. Filed

Sponsors

  • Jordan · Primary
  • Conrad · Cosponsor
  • Collins · Primary
  • Cleveland · Cosponsor
  • Bert Jones · Cosponsor
  • Harry Warren · Primary
  • Jay Adams · Cosponsor
  • Mike Clampitt · Cosponsor

Sponsorship breakdown

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3 sponsors · 5 co-sponsors · 171 not signed on

Sponsors (3)

Co-sponsors (5)

Not signed on (171)

171 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety taxation immigration
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Frequently asked questions

Who sponsors HB 63?
HB 63 is sponsored by Jordan, Conrad, Collins, Cleveland, Bert Jones, Harry Warren (Republican), Jay Adams (Republican), and Mike Clampitt (Republican).
What is the current status of HB 63?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 63?
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