CLARIFY LEC PROCEDURES/TC.

View NCGA Bill Details2013-2014 Session
House Bill 172 (Public) Filed Wednesday, February 27, 2013
A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LEGISLATIVE ETHICS COMMITTEE'S INVESTIGATIVE PROCEDURES AND TO MAKE OTHER TECHNICAL CHANGES AS RECOMMENDED BY THE LEGISLATIVE ETHICS COMMITTEE.
Intro. by Stam, Glazier, Horn, Lucas.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (May 6 2013)

SOG comments (1):

Identical bill

Identical to S 156, filed 2/28/13.

H 172

Bill Summaries:

  • Summary date: May 1 2013 - More information

    House committee substitute to the 1st edition makes the following changes. Clarifies in GS 120-103.1(c) that the Legislative Ethics Committee (Committee) must do one of the specified acts including making recommendations to the chamber in which the legislator who is the subject of the complaint is a member without further investigation if (1) the referral is from the State Ethics Commission, or (2) the referral alleges conduct that may be unethical but the Committee determines it does not have jurisdiction.


  • Summary date: Feb 27 2013 - More information

    Amends GS 120-103.1, giving the Legislative Ethics Committee (Committee) authority to initiate investigation proceedings after receiving a signed and sworn allegation of unethical conduct by a legislator. Adds new subsection GS 120-103.1(a2), requiring the Committee to immediately issue written notice, after receving a complaint, referral of a complaint, or beginning an inquiry on its own motion, to the legislator who is the subject of the allegation. Amends GS 120-103.1(c), establishing that the Committee must  begin an investigation of complaints or referrals of complaints, received while the General Assembly is in Regular Session, within 10 business days. Complaints or referrals received at any other time require the Committee to begin investigation within 20 business days of receipt. Also requires Committee to make a recommendation, without further investigation, to the house in which the legislator who is the subject of the complaint is a member, if it is determined that the Committee does not have jurisdiction over the alleged conduct, but if true, the conduct could be unethical. Amends (c1) to allow the Committee to extend the amount of time of the preliminary investigation if Committee does not have sufficient information to dismiss the complaint or proceed with further investigaion. Adds new subsection GS 120-103.1(h2), providing formal authority to the Committee to issue private admonishment without a hearing.

    Amends GS 120-104(e), giving authority to the Committee to interpret GS 120, Article 14 (Legislative Ethics Act) as it applies to legislators, except the Lieutenant Governor. Effective January 1, 2007, and applies to advisory opinions issued by the Committee.

    Makes technical and clarifying changes.

     

     

     


Printer-friendly: Click to view