House committee substitute, reported in on 6/8/11, makes the following changes to the 1st edition.
Section 1 Makes a number of technical codification and conforming changes throughout this section. Additional changes are as follows:
(a) Subchapter I: General Provisions
Amends GS 163A-1(b) to provide that members of the State Board of Ethics, Lobbying, and Campaign Finance (the “State Board”) who are appointed by the General Assembly may be removed from office by the Governor for nonfeasance where the member fails to attend an officially called meeting of the State Board and the member’s continued absence for three days thereafter results in the lack of a quorum pursuant to GS 163A-2(c).
Amends GS 163A-2(a) to require the State Board to meet monthly in addition to meeting upon the call of the chair.
Amends GS 163A-4(a) to clarify that the State Board has all powers and duties (was, general supervision) over lobbying, ethics, and campaign finance regulation.
Amends GS 163A-5 to delete previous language relating to temporary rules and regulations adopted by the State Board, and reserves this section for future codification.
Establishes new GS 163A-11 requiring the State Board to cooperate and share information with the State Board of Elections, the Judicial Standards Commission, and the Legislative Ethics Committee when requested to do so. Requires the State Board to certify to the appropriate board of elections a successful candidate’s compliance with state campaign finance regulations. Requires the State Board to redact identifying information from any formal advice rendered and publish redacted formal advisory opinions.
(b) Subchapter II: Ethics and Lobbying
Rewrites this subchapter to include language substantially similar to Article 1 of GS Chapter 163A and GS 163A-208 through GS 163A-210 as contained in Section 1 of Senate Bill 772 (1st edition), except amends GS 163A-250 by adding a new subsection (10) requiring the State Board to perform systematic reviews of lobbyist, lobbyist principal, and liaison personnel reportable expenditure reports.
Reserves the following sections of this subchapter for future codification: GS 163A-209 through GS 163A-249, and Articles 6 through 9 of GS Chapter 163A.
(c) Subchapter III: Reserved
Reserves this subchapter (Articles 10 through 44 of GS Chapter 163A) for future codification.
(d) Subchapter IV: Campaign Finance Regulation
Establishes a new Article 45 of GS Chapter 163A relating to the regulation of campaign finance, and recodifies related sections and Articles of Chapter 163 into the new Article 45.
Sections 2 through 30 make technical, conforming, and recodification changes consistent with Section 1 of the bill.
Section 31 authorizes the Joint Legislative Elections Oversight Committee to study the budgets, programs and policies of the State Board and county boards of elections to determine ways in which to improve campaign finance regulation.
Section 32 amends GS 143B-417(1) to add the State Board to the list of state agencies and offices to which the North Carolina Internship Council of the Department of Administration allocates student interns.
Section 33 amends GS 147-64.6B to make technical conforming changes.
Section 34 repeals GS 150B-1(d)(16) (which exempted the State Ethics Commission from rule-making requirements under Article 2 of Chapter 150B).
Section 35 amends GS 150B-38(a)(6) to make technical conforming changes.
Sections 36 through 40 provide that ongoing investigations, hearings, actions, and proceedings being conducted by the State Ethics Commission, State Board of Elections, and the Secretary of State are not affected or abated by the enactment of this legislation and may be carried forward by the State Board. Keeps in effect all policies, rules, regulations, evaluations, and determinations rendered by the State Ethics Commission, State Board of Elections, and the Secretary of State until modified or rescinded by the State Board.
Sections 41 and 44 through 46 provide for administrative and budget transfers of personnel and assets of the State Ethics Commission, the State Board of Elections, and the Office of the Secretary of State to the State Board consistent with the consolidation provisions of the act.
Section 42 requires the State Board to adopt rules regarding investigations and hearings within 6 months of its initial appointment.
Section 43 provides that, until such time as the State Board appoints its Executive Director, the director of the Division of Campaign Finance, Division of Ethics, or Division of Lobbying with the most state service will serve as the acting Executive Director.
Section 47 provides that the State Board will be appointed and begin work on or before October 1, 2011, but actions taken by the State Board prior to January 1, 2012, do not become effective until that date or a later date as specified by the State Board.
Section 47.5 requires the Speaker of the House and President Pro Tempore of the Senate to select one of their appointees from a list of 3 names submitted by the minority leaders of their respective chambers. Requires the Governor to select one appointee from a list of three names submitted by the executive committee of the opposite political party.
Section 48 requires the State Board to report any recommendations for statutory changes necessary to further implement the consolidation to the Joint Legislative Elections Oversight Committee and the Legislative Ethics Committee on specified dates in 2012 and 2013.
Section 49 revises the effective date of the 1st edition to make most provisions effective January 1, 2012 (Sections 47 and 47.5 become effective when the act becomes law).