GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

S                                                                                                                                                    2

SENATE BILL 205

Judiciary II Committee Substitute Adopted 6/7/11

 

Short Title:        No Benefits for Illegal Aliens.

(Public)

Sponsors:

 

Referred to:

 

March 7, 2011

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.

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

" 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.