§ 120-36.8. Certification of legislation required by federal law. - North Carolina Statutes

Article 7B.

Research Division.

§ 120‑36.8. Certification of legislation required by federal law.

(a)        Every bill andresolution introduced in the General Assembly proposing any change in the lawwhich purports to implement federal law or to be required or necessary forcompliance with federal law, or on which is conditioned the receipt of federalfunds shall have attached to it at the time of its consideration by the GeneralAssembly a certification prepared by the Research Division, in consultationwith the Bill Drafting and Fiscal Research Divisions, identifying the federallaw requiring passage of the bill or resolution. The certification shallcontain a statement setting forth the reasons why the bill or resolution isrequired by federal law. If the bill or resolution is not required by federallaw or exceeds the requirements of federal law, then the certification shallstate the reasons for that opinion. No comment or opinion shall be included inthe certification with regard to the merits of the measure for which thecertification is prepared. However, technical and mechanical defects may benoted.

(b)        The sponsor of eachbill or resolution to which this section applies shall present a copy of thebill or resolution with the request for certification to the Research Division.Upon receipt of the request and the copy of the bill or resolution, theResearch Division shall consult with the Bill Drafting and Fiscal ResearchDivisions, and may consult with the Office of State Budget and Management orany State agency on preparation of the certification as promptly as possible.The Research Division shall prepare the certification and transmit it to thesponsor within two weeks after the request is made, unless the sponsor agreesto an extension of time.

(c)        This certificationshall be attached to the original of each proposed bill or resolution that isreported favorably by any committee of the General Assembly, but shall beseparate from the bill or resolution and shall be clearly designated as acertification. A certification attached to a bill or resolution pursuant tothis section is not a part of the bill or resolution and is not an expressionof legislative intent proposed by the bill or resolution.

(d)        If a committee ofthe General Assembly reports favorably a proposed bill or resolution with anamendment proposing any change in the law which purports to implement federallaw or to be required or necessary for compliance with federal law, the chairof the committee shall obtain from the Research Division and attach to theamended bill or resolution a certification as provided in this section. (1995, c. 415, s. 8; 2000‑140,s. 93.1(a); 2001‑424, s. 12.2(b); 2001‑487, s. 79.)