North Carolina 2019-2020 Session Status: In Committee 2 R cosponsors

SB 341 — Government Immigration Compliance.

Last action — Passed 1st Reading

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

22 added · 23 removed

Plain-language change summary

The latest version of Senate Bill 341 has made changes primarily by removing specific language that was previously included. One notable adjustment is the removal of provisions regarding compliance with certain state laws by local governments. This change is significant as it potentially softens the enforcement mechanisms on local entities and could affect the distribution of tax revenues, which may have implications for the funding of local services.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Mar 21, 2019 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 1 SENATE BILL 341 Short Title:
341 SESSION 2019 PRINCIPAL CLERK S D SENATE BILL DRS45150-NB-3A Short Title:
A BILL TO BE ENTITLED AN ACT TO REPEAL LAW ENFORCEMENT AUTHORITY TO USE PROHIBITED FORMS OF IDENTIFICATION UNDER CERTAIN CIRCUMSTANCES, TO CREATE ADDITIONAL INCENTIVES FOR LOCAL GOVERNMENTS TO COMPLY WITH STATE LAWS RELATED TO IMMIGRATION, TO CREATE A PRIVATE CAUSE OF ACTION TO REMEDY LOCAL GOVERNMENT NONCOMPLIANCE WITH STATE IMMIGRATION LAWS, TO PROHIBIT UNC CONSTITUENT INSTITUTIONS FROM BECOMING SANCTUARY UNIVERSITIES, AND TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE DEPARTMENT OF HOMELAND SECURITY.
Rules and Operations of the Senate March 25, 2019 A BILL TO BE ENTITLED AN ACT TO REPEAL LAW ENFORCEMENT AUTHORITY TO USE PROHIBITED FORMS OF IDENTIFICATION UNDER CERTAIN CIRCUMSTANCES, TO CREATE ADDITIONAL INCENTIVES FOR LOCAL GOVERNMENTS TO COMPLY WITH STATE LAWS RELATED TO IMMIGRATION, TO CREATE A PRIVATE CAUSE OF ACTION TO REMEDY LOCAL GOVERNMENT NONCOMPLIANCE WITH STATE IMMIGRATION LAWS, TO PROHIBIT UNC CONSTITUENT INSTITUTIONS FROM BECOMING SANCTUARY UNIVERSITIES, AND TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE DEPARTMENT OF HOMELAND SECURITY.
(c) Notwithstanding subsection (a) of this section, documents described in subdivision (2) of subsection (a) of this section may be used by a law enforcement officer to assist in determining the identity or residency of a person when they are the only documents providing an indication of identity or residency available to the law enforcement officer at the time." *DRS45150-NB-3A* General Assembly Of North Carolina Session 2019 PARTII.CREATIONOFADDITIONALINCENTIVESFORLOCALGOVERNMENTS TO COMPLY WITH STATE LAWS RELATED TO IMMIGRATION AND CREATION OF PRIVATE CAUSE OF ACTION SECTION 2.(a) Chapter 64 of the General Statutes is amended by adding a new Article to read:
(c) Notwithstanding subsection (a) of this section, documents described in subdivision (2) of subsection (a) of this section may be used by a law enforcement officer to assist in determining the identity or residency of a person when they are the only documents providing an indication of identity or residency available to the law enforcement officer at the time." *S341-v-1* General Assembly Of North Carolina Session 2019 PARTII.CREATIONOFADDITIONALINCENTIVESFORLOCALGOVERNMENTS TO COMPLY WITH STATE LAWS RELATED TO IMMIGRATION AND CREATION OF PRIVATE CAUSE OF ACTION SECTION 2.(a) Chapter 64 of the General Statutes is amended by adding a new Article to read:
Page 2 DRS45150-NB-3A General Assembly Of North Carolina Session 2019 Nothing in this section shall be construed to prohibit the filing of anonymous statements that are not submitted on a prescribed form.
Page 2 Senate Bill 341-First Edition General Assembly Of North Carolina Session 2019 Nothing in this section shall be construed to prohibit the filing of anonymous statements that are not submitted on a prescribed form.
(3) The Attorney General shall notify the following entities of the determination thattheaffectedlocal governmentisnotin compliancewith aStatelawrelated to immigration and of the duration of the period of ineligibility to receive funds determined pursuant to subdivision (1) of this subsection:
(3) The Attorney General shall notify the following entities of the determination thattheaffectedlocal governmentisnotin compliancewith aStatelaw related to immigration and of the duration of the period of ineligibility to receive funds determined pursuant to subdivision (1) of this subsection:
(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 DRS45150-NB-3A Page 3 General Assembly Of North Carolina Session 2019 subsection.
(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 Senate Bill 341-First Edition Page 3 General Assembly Of North Carolina Session 2019 subsection.
Postal Service, by a designated delivery service authorized Page 4 DRS45150-NB-3A General Assembly Of North Carolina Session 2019 pursuant to 26 U.S.C.
Postal Service, by a designated delivery service authorized Page 4 Senate Bill 341-First Edition General Assembly Of North Carolina Session 2019 pursuant to 26 U.S.C.
143-133.3 bya 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.
143-133.3 byapolitical 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.
The Commissioner may hold additional hearings as needed to implement this subsection." DRS45150-NB-3A Page 5 General Assembly Of North Carolina Session 2019 SECTION 2.(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.
The Commissioner may hold additional hearings as needed to implement this subsection." Senate Bill 341-First Edition Page 5 General Assembly Of North Carolina Session 2019 SECTION 2.(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.
The amount the Secretary must distribute is the following percentages of the net proceeds of the taxes collected during the quarter:
The amount the Secretarymust distribute is the following percentages of the net proceeds of the taxes collected during the quarter:
64-54,theSecretarymustdistributetothecounties and cities part of the taxes imposed by G.S.
64-54,theSecretarymustdistributetothecounties and cities part of the taxes imposed byG.S.
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)ofthis section, theproceeds shall bedistributedto each cityonaproratabasis.TheSecretary must make the distribution within 75 days after the end of each quarter." SECTION 2.(i) G.S.
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)ofthis section, theproceeds shall bedistributedto eachcityon aproratabasis.
TheSecretary must make the distribution within 75 days after the end of each quarter." SECTION 2.(i) G.S.
64-54, the Secretaryshall 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 2.(j) Article 5 of Chapter 115C of the General Statutes is amended by adding a new section to read as follows:
64-54, the Secretaryshall distribute the remainingseventy 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 2.(j) Article 5 of Chapter 115C of the General Statutes is amended by adding a new section to read as follows:
Page 6 DRS45150-NB-3A General Assembly Of North Carolina Session 2019 (a) Consequences of Noncompliance;
Page 6 Senate Bill 341-First Edition General Assembly Of North Carolina Session 2019 (a) Consequences of Noncompliance;
… DRS45150-NB-3A Page 7 General Assembly Of North Carolina Session 2019 (d) A county in violation of this section shall have waived its governmental immunity as provided in G.S.
… Senate Bill 341-First Edition Page 7 General Assembly Of North Carolina Session 2019 (d) A county in violation of this section shall have waived its governmental immunity as provided in G.S.
(b) To the extent permitted by federal and State law, no constituent institution shall do anyofthefollowingrelated to information regardingthecitizenship orimmigration status, lawful or unlawful, of any individual:
(b) To the extent permitted by federal and State law, no constituent institution shall do anyofthefollowingrelated to information regardingthecitizenshiporimmigrationstatus, lawful or unlawful, of any individual:
If, within 60 days of the President's Page 8 DRS45150-NB-3A General Assembly Of North Carolina Session 2019 determination, the constituent institution fails to demonstrate to the President's satisfaction that it is in compliance with subsections (a) and (b) of this section, the Board of Governors shall extend the revocation of special responsibility constituent institution status for an additional fiscal year." 6 PART VI.
If, within 60 days of the President's Page 8 Senate Bill 341-First Edition General Assembly Of North Carolina Session 2019 determination, the constituent institution fails to demonstrate to the President's satisfaction that it is in compliance with subsections (a) and (b) of this section, the Board of Governors shall extend the revocation of special responsibility constituent institution status for an additional fiscal year." 6 PART VI.
DRS45150-NB-3A Page 9
Senate Bill 341-First Edition Page 9
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 176 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (176)

176 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety immigration education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 341?
SB 341 is sponsored by Norman W. Sanderson (Republican), Danny Earl Britt, Jr. (Republican), and Steinburg.
What is the current status of SB 341?
This bill died with 2019-2020 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 SB 341?
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