Bill Summary for H 925 (2017-2018)

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Summary date: 

Jun 28 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 925 (Public) Filed Wednesday, June 28, 2017
A HOUSE RESOLUTION ESTABLISHING A SELECT COMMITTEE TO INVESTIGATE, REPORT FINDINGS, AND, IF WARRANTED, FILE ARTICLES OF IMPEACHMENT REGARDING SECRETARY OF STATE ELAINE F. MARSHALL PURSUANT TO ARTICLE IV OF THE NORTH CAROLINA CONSTITUTION.
Intro. by Rules, Calendar, and Operations of the House.

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Bill summary

Includes several whereas clauses.

Directs the Speaker of the House to appoint a select committee of 15 House members to conduct a comprehensive investigation relating to alleged misconduct by Secretary of State Elaine Marshall. Directs the Speaker to designate an appointee to serve as chair. Directs the select committee to submit a report to the House as to whether sufficient grounds exist for the House of Representatives to exercise its power to impeach Secretary Marshall pursuant to Article IV of the NC Constitution (Section 4 grants the sole power of impeaching to the House, establishes the court for the trial of impeachment to be the Senate, and dictates that a majority of members is necessary for a quorum and no person can be convicted without the concurrence of two-thirds of the Senators present). 

Directs the Speaker to instruct the select committee to: (1) organize, adopt rules and procedures, and hire special counsel and other personnel necessary to carry out the committee's responsibilities; (2) review and investigate the facts and circumstances relating to alleged misconduct of Secretary Marshall; and (3) submit to the House the findings and recommendations in a final report, including if it concludes the action is warranted, a resolution embodying articles of impeachment describing the acts and omissions with which Secretary Marshall is charged. 

Directs the select committee to investigate, consider, and report upon four specific allegations of misconduct by Secretary Marshall: (1) that Secretary Marshall granted notary public commissions to several hundred persons who did not reside legally in the United States in violation of GS 10B-5 and who were not qualified aliens in violation of 8 USC 1624; (2) that Secretary Marshall granted the notary commissions to ineligible aliens surreptitiously, without means for the public or the General Assembly to have knowledge of the action; (3) that Secretary Marshall made untrue statements to the press and public involving the grant of the notary commissions to ineligible aliens; and (4) that senior staff of the office of the Secretary of State, in furtherance of Secretary Marshall's actions, misrepresented the facts surrounding the granting of these notary commissions to ineligible aliens to the Joint Legislative Oversight Committee on General Government.

Grants the select committee the powers provided in Article 5 and 5A of GS Chapter 120, specifically including the power to administer oaths and compel attendance and testimony of persons and the production of papers, documents, and other evidence.

Directs that the select committee continue in existence after adjournment of the 2017 Regular Session. Authorizes the select committee to meet at any time during the 2017-18 biennium, including during the interims. 

Directs the select committee to submit a final report to the House, including, if it concludes the action is warranted, a resolution embodying articles of impeachment describing the acts or omission with which Secretary Marshall is charged.