GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                   D

HOUSE DRH50856-RCz-6*  (04/09)

Short Title:        Ethics TC and Other Changes.		(Public)
Sponsors:	Representatives Glazier, Stam, E. Warren, Wiley (Primary Sponsors);  Lucas and McGee.
Referred to:

A BILL TO BE ENTITLED

AN ACT TO MAKE TECHNICAL AND OTHER CHANGES TO CHAPTERS 138A, 120C, AND 120 OF THE GENERAL STATUTES, AS RECOMMENDED BY THE LEGISLATIVE ETHICS COMMITTEE.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 120C-800(b) reads as rewritten:

"(b)      If the person making the reportable expenditure in subsection (a) of this section is outside North Carolina, and the designated individual accepting the reportable expenditure is also outside North Carolina at the time the designated individual accepts the reportable expenditure, then the designated individual accepting the reportable expenditure shall be responsible for filing the report or reporting the information in the designated individual's statement of economic interest in accordance with G.S. 138A-24(a)(2). G.S. 138A-24(a)(8)."

SECTION 2.  G.S. 120-104(c) reads as rewritten:

"(c)       A legislator who acts in reliance on a formal advisory opinion issued by the Committee under this section shall be entitled to the immunity granted under G.S. 138A-13(b). G.S. 138A-13(b1)."

SECTION 3.(a)  G.S. 138A-22 is amended by adding a new subsection to read:

"(c2) A public servant appointed to a board determined and designated as nonadvisory under G.S. 138A-10(a)(3) shall file the initial statement of economic interest within 60 days of notification of the designation by the Commission and as provided in this section thereafter."

SECTION 3.(b)  G.S. 138A-24(c2) is repealed.

SECTION 4.  G.S. 138A-14(b) reads as rewritten:

"(b)      The Commission shall make offer basic ethics education and awareness presentations to all public servants and their immediate staffs, upon their election, appointment, or employment, and shall offer periodic refresher presentations as the Commission deems appropriate. Every public servant shall participate in an ethics presentation approved by the Commission within six months of the public servant's election, reelection, appointment, or employment, and shall attend refresher ethics education presentations at least every two years thereafter in a manner as the Commission deems appropriate."

SECTION 5.  The catch line to G.S. 138A-37 of the General Statutes reads as rewritten:

"§ 138A-37.  Legislator participation in official legislative actions."

SECTION 6.  G.S. 138A-38(a)(6) and (7) read as rewritten:

"§ 138A-38.  Permitted participation exception.

(a)        Notwithstanding G.S. 138A-36 and G.S. 138A-37, a covered person may participate in an official action or legislative action under any of the following circumstances except as specifically limited:

....

(6)        When a public or legislative body records in its minutes that it cannot obtain a quorum in order to take the official or legislative action because the covered person is disqualified from acting under G.S. 130-36, G.S. 138A-36, G.S. 138A-37, or this section, the covered person may be counted for purposes of a quorum, but shall otherwise abstain from taking any further action.

(7)        When a public servant notifies the Commission in writing that the public servant judicial employee, servant, or someone whom the public servant appoints to act in the public servant's stead, or both, are the only individuals having legal authority to take an official action, and the public servant discloses in writing the circumstances and nature of the conflict of interest.''

SECTION 7.  This act is effective when it becomes law.