CONSOLIDATE ELECTIONS, ETHICS, LOBBYING.

View NCGA Bill Details2013-2014 Session
Senate Bill 702 (Public) Filed Tuesday, April 2, 2013
A BILL TO BE ENTITLED AN ACT TO CONSOLIDATE THE FUNCTIONS OF ELECTIONS, ETHICS, AND LOBBYING INTO ONE STATE AGENCY.
Intro. by Brock.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 3 2013)

Bill History:

S 702

Bill Summaries:

  • Summary date: Apr 5 2013 - More information

    Enacts new GS Chapter 163A, State Elections and Ethics Act. Establishes the nine-member State Board of Elections and Ethics Enforcement.

    Creates Subchapter II, Ethics and Lobbying, including Articles on definitions and general provisions, public disclosure of economic interests, ethical standards for covered persons, and lobbying.

    Creates Subchapter III, Election Administration, with reserved articles.

    Creates Subchapter IV, which is reserved for future codification purposes.

    Creates Subchapter V, Campaign Finance Regulation, which includes Articles on regulating contributions and expenditures in political campaigns, appropriations from the North Carolina Political Parties Financing Fund, the North Carolina Public Campaign Fund, the voter-owned elections act, candidate specific communications, mailings and telephone banks: candidate-specific communications, and legal expense funds.

    Repeals the following:

    (1) Chapter 138A of the General Statutes, State Government Ethics Act.

    (2) Chapter 120C of the General Statutes, Lobbying.

    (3) Article 22A of Chapter 163 of the General Statutes, Corrupt Practices and Other Offenses against the Elective Franchise.

    (4) Article 22B of Chapter 163 of the General Statutes, Appropriations from the North Carolina Political Parties Financing Fund.

    (5) Article 22D of Chapter 163 of the General Statutes, The North Carolina Public Campaign Financing Fund.

    (6) Article 22G of Chapter 163 of the General Statutes, Candidate-Specific Communications.

    (7) Article 22H of Chapter 163 of the General Statutes, Mass Mailings and Telephone Banks: Candidate Specific Communications.

    (8) Article 22J of Chapter 163 of the General Statutes, The Voter-Owned Elections Act.

    (9) Article 22M of Chapter 163 of the General Statutes, Legal Expense Funds.

    Makes conforming changes and repeals to statutes in GS Chapters 14, 18B, 58, 62A, 66, 84, 93B, 105, 114, 115D, 116, 120, 126, 128, 130A, 131E, 133, 135, 143, 143B, 147, 150B, 160A, and 163.

    Directs the Revisor of Statutes to make related changes in terms and technical corrections and recodifies specified Articles and statutes.

    Provides for the act's effect on the validity of previous assignment of duties of a quasi-legislative or quasi-judicial nature by the Governor or General Assembly; actions or proceedings pending on January 1, 2014, brought by or against the State Board of Elections; actions or proceedings pending on January 1, 2014, brought by or against the Employment Securities Commission; ongoing investigations or audits; and evaluations of statements of economic interests.

    Requires the State Board of Elections and Ethics Enforcement to adopt all existing rules, policies, procedures, or other guidance documents in accordance with Article 2A, GS Chapter 150B. Any existing rule, policy, procedure, or guidance document that has not been readopted by December 31, 2014, shall expire. The list of covered boards adopted by the State Ethics Commission under GS 163A-208 shall continue in effect  until amended or repealed by the State Board of Elections and Ethics Enforcement.

    Within six months of its initial appointment, the State Board of Elections and Ethics Enforcement shall adopt rules consistent with this act regarding its investigations and hearings. In the absence of such rules, the State Board of Elections and Ethics Enforcement shall conduct its investigations and hearings to ensure fairness to the parties and enforcement of the law consistent with this act.

    Transfers the following to the State Board of Elections and Ethics Enforcement: (1) the authority, powers, duties and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, of the State Ethics Commission; (2) the authority, powers, duties and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, of the State Board of Elections related to campaign finance; (3) the authority, powers, duties and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, of the lobbying registration and lobbying enforcement functions of the Secretary of State. Requires the Director of the Budget to resolve any disputes arising out of this transfer.

    Until the State Board of Elections and Ethics Enforcement appoints an Executive Director, the director under GS 163A-9 with the most state service shall be acting Executive Director. The State Board of Elections and Ethics Enforcement shall appoint an Executive Director on or before December 31, 2014.

    Transfers to the State Board of Elections and Ethics Enforcement, with the elements of a Type I transfer, (1) the State Ethics Commission; (2) the functions of the State Board of Elections; and (3) the lobbying registration and lobbying enforcement functions of the Secretary of State.

    Requires the State Board of Elections and Ethics Enforcement to report to the Joint Legislative Elections Oversight Committee and the Legislative Ethics Committee on or before April 1, 2014, and again on or before March 1, 2015, as to recommendations for statutory changes necessary to further implement this consolidation.

    Effective January 1, 2014.

     


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