Bill Summary for H 640 (2013-2014)

Summary date: 

Apr 10 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 640 (Public) Filed Tuesday, April 9, 2013
A BILL TO BE ENTITLED AN ACT TO REQUIRE REPORTING OF ALL GIFTS GIVEN BY LOBBYISTS AND LOBBYIST PRINCIPALS TO LEGISLATORS, LEGISLATIVE EMPLOYEES, AND PUBLIC SERVANTS.
Intro. by R. Brawley.

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Bill summary

Amends GS 138A-32 (Gifts), providing that a public servant, legislator, or legislative employee can accept a gift from a lobbyist/lobbyist principal registered under GS 120C. Also provides that a legislator or legislative employee can accept a gift from liaison personnel designated under GS Chapter 120C.

Deletes GS 138A-32(d) through (g), subsections that provided different categories of gifts and distinguished between permissible and impermissible gifts, as well as established exceptions to the prohibition on gift giving.  Makes conforming changes.

Amends GS 120C-303, (Gifts by lobbyists and lobbyist principals prohibited), deleting majority of the section concerning gift giving, but retaining GS 120C-303(c), providing that the offering or giving of a gift in compliance with this Chapter and without corrupt intent will not constitute a bribery violation under GS 14‑217, 14‑218, or 120‑86, but such a gift will gift be subject to civil fines under GS 120C‑602.

Amends GS 120C-401(j), providing that the Secretary of State (Secretary) will make available a report form that can be filed by a designated individual or family member which will also report any expenditures not retained by the designated individual or immediate family member.

Amends GS 120C-402(b)(4) and GS 120C-403(b)(5), providing that lobbyists and lobbyist principals are required to file quarterly reports, under oath, which detail the reportable expenditures for all gifts (previously, both were required to file expenditure reports for gifts that were given under GS 138A‑32(e)(1)‑(9), 138A‑32(e)(11), 138A‑32(e)(12), and all gifts given under GS 138A‑32(e)(10) with a value of more $10 for lobbyists and $200 for lobbyist principals).

Amends GS 126-14(a1), providing that is unlawful for an individual as defined in GS 138A‑3(30)(a) to coerce any of the following persons to support or contribute to a political candidate, political committee, or a political party by way of threatening discipline or preferential treatment:

(1) A person that is doing or is seeking to do business of any kind with the public servant's employing entity.

(2) A person that is engaged in activities that are regulated or controlled by the public servant's employing entity.

(3) A person that has financial interests that may be substantially and materially  affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the public servant's official duties.

Amends GS 120C-602(b), providing that the Secretary can levy civil fines of up to three times the amount of the expenditure for a violation of failing to report expenditures under any provision of GS Chapter 120C, Article 4.

Effective December 1, 2013, applying to actions on or after that date.

 

 

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