A BILL TO BE ENTITLED
AN ACT to amend various statutes related to immigration.
Whereas, as originally filed, House Bill 318, 2015 Regular Session, would have amended the definition of "employee" in the State E‑Verify statutes to exclude farm workers, independent contractors, or certain individuals who provide domestic services; and
Whereas, as originally filed, House Bill 318, 2015 Regular Session, would have amended the definition of "employer" in the State E‑Verify statutes to include persons who employ five or more employees in this State; and
Whereas, as originally filed, House Bill 318, 2015 Regular Session, would have prohibited the use of consular documents and certain other identity documents by government officials without exception; and
Whereas, certain elements of the law enforcement community argued that law enforcement would be less effective if an exception were not included in the bill that would allow law enforcement to use those documents to determine 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; and
Whereas, the General Assembly sought to balance the aims of House Bill 318 as originally filed with the needs of the law enforcement community by including such an exception in the bill; and
Whereas, in the wake of the enactment of House Bill 318, what was meant to be a narrow exception to accommodate law enforcement has been exploited by various groups who have held ID drives and launched other efforts to entice individuals to obtain the forms of identification whose use was meant to be largely prohibited under House Bill 318; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 64‑25 reads as rewritten:
"§ 64‑25.  Definitions.
The following definitions apply in this Article:
(1)	Commissioner. – The North Carolina Commissioner of Labor.
(2)	Employ. – Hire an employee.
(3)	Employee. – Any individual who provides services or labor for an employer in this State for wages or other remuneration. The term does not include a farm worker, an independent contractor, or an individual who provides domestic service in a private home that is sporadic, irregular, or intermittent.
(4)	Employer. – Any person, business entity, or other organization that transacts business in this State and that employs five or more employees in this State. This term does not include State agencies, counties, municipalities, or other governmental bodies.
(5)	E‑Verify. – The federal E‑Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law.
(5a)	Farm worker. – An individual who maintains farms, crops, or livestock by doing physical labor or operating machinery under the supervision of a farmer, rancher, or other agricultural manager. The term includes those who perform tasks related to growing and harvesting grains, fruits, vegetables, nuts, Christmas trees, and other agricultural crops but does not include those who merely plant, transplant, or transport trees.
(5b)	Independent contractor. – Any individual or entity who carries on independent business, contracts to do a piece of work according to the individual's or entity's own means and methods, and is subject to control only as to results. Whether an individual or entity is an independent contractor, regardless of what the individual or entity calls itself, shall be determined on a case‑by‑case basis. Factors to be considered in that determination include, but are not limited to, whether the individual or entity supplies the tools or materials; makes services available to the general public; works for a number of clients at the same time; has an opportunity for profit or loss as a result of labor or services provided; invests in the facilities for work; directs the order or sequence in which the work is to be done; and determines the hours during which the work is to be done.
(6)	Unauthorized alien. – As defined in 8 U.S.C. § 1324a(h)(3)."
SECTION 2.  G.S. 15A‑311(c) is repealed.
SECTION 3.  The Department of Labor shall include on labor law posters printed pursuant to G.S. 95‑9 information regarding employers' responsibilities under G.S. 64‑26 and G.S. 143‑133.3. This notice shall also include contact information for individuals wishing to file a complaint alleging a violation of G.S. 64‑26 or G.S. 143‑133.3.
SECTION 4.  There is appropriated from the General Fund to the Department of Labor the sum of ten thousand dollars ($10,000) for the 2016‑2017 fiscal year to produce the labor law posters required by Section 3 of this act.
SECTION 5.  Section 3 of this act becomes effective July 1, 2016. The remainder of this act becomes effective October 1, 2016.