Bill Summary for S 512 (2017-2018)

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Summary date: 

Mar 30 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 512 (Public) Filed Wednesday, March 29, 2017
AN ACT TO PROHIBIT THE STATE FROM CONTRACTING WITH CONTRACTORS WHO UTILIZE FORMER STATE EMPLOYEES IN THE ADMINISTRATION OF STATE CONTRACTS WITHIN A ONE-YEAR WAITING PERIOD AFTER A STATE EMPLOYEE HAS TERMINATED EMPLOYMENT WITH THE STATE AND TO STRENGTHEN PUBLIC CONFIDENCE IN GOVERNMENT BY EXTENDING THE REVOLVING DOOR PERIOD.
Intro. by Chaudhuri, Tarte.

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Bill summary

Enacts GS 143-59.5, prohibiting the Secretary of Administration and other entities subject to Article 3 of GS Chapter 143 from contracting for goods or services with a vendor that employs or contracts with a person who is a former State employee and uses that person in the administration of a contract with the State. Defines former State employee as a person who, for any period within the preceding year, was employed as an employee of the State or was an independent contractor of the State by the State agency for which the contract applies, who in the one year immediately preceding termination of State employment, participated personally in either the award or management of a State contract with the vendor, or made regulatory or licensing decisions that directly applied to the vendor. Defines administration of a contract to mean oversight of the performance of a contract, authority to make decisions regarding a contract, interpretation of a contract, or participation in the development of specifications or terms of a contract or in the preparation or award of a contract.

Directs the Secretary of Administration to require each vendor submitting a bid or contract to certify that the vendor will not use a former State employee in the administration of a contract with the State in violation of the provisions of the statute's prohibition. 

Voids any contract that violates the statute. Prohibits any vendor who is convicted of a violation of the statute to be allowed to submit a bid under Article 3 for a period of two years from the date of conviction. Additionally, authorizes the Secretary of Administration to levy civil fines for a violation of any provision of the statute up to $5,000 per violation.

Amends GS 120C-304, prohibiting a legislator or former legislator from registering as a lobbyist under GS Chapter 120C while in office, or before the close of session as set forth in GS 120C-100(a)(4)b.1 in which the legislator was elected or appointed, or one year after leaving office, whichever is later (currently, while in office or before the later of the close of session as set forth in GS 120C-100(a)(4)b.1 in which the legislator served or six months after leaving office).

Additionally, prohibits any public servant or former public servant as defined in GS 138A-3(30)a. from registering as a lobbyist under GS Chapter 120C while in office or for a period of one year (currently, within six months) after leaving office.

Prohibits any public servant or former public servant as defined in GS 138A-3(30)c from registering as a lobbyist under GS Chapter 120C for a period of one year (currently within six months) after separation from employment as a public servant. Prohibits any other employee of any State agency from registering as a lobbyist under GS Chapter 120C to lobby the State agency that previously employed the former employee for a period of one year (currently within six months) after voluntary separation or separation for cause from the State agency. Adds new requirement for State agencies to give written notice and explanation to all employees serving in a position to which this provision applies: (1) upon hiring, promotion, or transfer into the relevant position; (2) at the time the employee's duties are changed in such a way as to subject that employee to this provision; and (3) upon departure from the relevant position. 

Effective October 1, 2017, and applies to contracts entered into on or after that date.