North Carolina § 138A-1 - Title.

§ 138A-1. Title.

This Chapter shall be known and may be cited as the "State Government Ethics Act". History (2006-201, s. 1; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.) Recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification, in consultation with the State Ethics Commission, the State Board of Elections, the Secretary of State, and the new Bipartisan State Board of Elections and Ethics Enforcement. Re-Recodification of Former Chapter 163A Back Into Chapters 163, 138A, and 120C. - Session Laws 2018-146, s. 3.1(a), provides: "The Revisor of Statutes is authorized to re-recodify Chapter 163A of the General Statutes back into Chapters 163, 138A, and 120C of the General Statutes. In preparing the re-recodified chapters, the Revisor of Statutes shall revert the changes made by the Revisor pursuant to Section 3 of S.L. 2017-6, except that after consultation with the appropriate agency staff, the Revisor may separate subsections of statutory sections that existed in the former Chapters into new sections and, when necessary to organize relevant law into its proper place in the re-recodified chapters, may rearrange sentences that appeared within those subsections. The Revisor shall also incorporate into the re-recodified chapters all amendments to Chapters 163, 163A, 138A, and 120C that became effective on or after April 25, 2017, other than those made by S.L. 2017-6 or by Part VIII of S.L. 2018-2." Session Laws 2018-146, s. 6.1, provides: "Consistent with this act, when re-recodifying as directed under this act, the Revisor is authorized to change all references to the Bipartisan State Board of Elections and Ethics Enforcement to instead be references to the State Board of Elections, State Ethics Commission, or Secretary of State, as appropriate. The Revisor may modify statutory citations throughout the General Statutes, as appropriate, and may modify any references to statutory divisions, such as "Chapter," "Subchapter," "Article," "Part," "section," and "subsection"; adjust the order of lists of multiple statutes to maintain statutory order; correct terms and conform names and titles changed by this act; eliminate duplicative references to the State Boards that result from the changes authorized by this section; and make conforming changes to catch lines and references to catch lines. The Revisor may also adjust subject and verb agreement and the placement of conjunctions. The Revisor shall consult with the Bipartisan State Board of Elections and Ethics Enforcement, the State Board of Elections, the State Ethics Commission, and the Secretary of State, as appropriate, on this recodification." Editor's Note. - This section was recodified as now former G.S. 163A-150 by Session Laws 2017-6, s. 3. Former G.S. 163A-150 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. Session Laws 2016-125, ss. 1 and 2, 4th Ex Sess., similarly recodified Chapters 120C, 138A, and 163 in a new Chapter. That new Chapter was designated as Chapter 138B , and headings for new Chapter 138B , Subchapter I, and Article 1 were enacted, along with new sections designated as G.S. 138B-1 through 138B-6. Due to a constitutional challenge to the provisions of Session Laws 2016-125, 4th Ex Sess., the recodification was stayed and never went into effect. Session Laws 2017-6, s. 2, repealed Part I of 2016-125, 4th Ex Sess., among which were the recodifying provisions in ss. 1 and 2. Session Laws 2006-201, s. 25, made this Chapter effective October 1, 2006, and applicable to covered persons and legislative employees, to gifts received, to acts and conflicts of interest that arise, and to offenses committed, on or after January 1, 2007. Prosecutions for offenses or ethics violations committed before January 1, 2007, are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. The preamble to Session Laws 2006-201 reads as follows: "Whereas, the people of North Carolina entrust public power to elected and appointed officials for the purpose of furthering the public, not private or personal, interest; and "Whereas, to maintain the public trust, it is essential that government function honestly and fairly, free from all forms of impropriety, threats, favoritism, and undue influence; and "Whereas, elected and appointed officials must maintain and exercise the highest standards of duty to the public in carrying out the responsibilities and functions of their positions; and "Whereas, acceptance of authority granted by the people to elected and appointed officials imposes a commitment of fidelity to the public interest, and the power so entrusted should not be used to advance narrow interests for oneself or others; and "Whereas, self-interest, partiality, and prejudice have no place in decisionmaking for the public good; and "Whereas, public officials must exercise their duties responsibly with skillful judgment and energetic dedication; and "Whereas, public officials must exercise discretion with sensitive information pertaining to public and private persons and activities; and "Whereas, to maintain the integrity of North Carolina's State government, those citizens entrusted with authority must exercise it for the good of the public and treat every citizen with courtesy, attentiveness, and respect; and "Whereas, because many public officials serve on a part-time basis, it is inevitable that conflicts of interest and appearances of conflicts will occur. Often these conflicts are unintentional and slight, but at every turn those public officials who represent the people of this State must ensure that it is the interests of the people, and not their own, that are being served. Officials should be prepared to remove themselves immediately from decisions, votes, or processes where a conflict of interest exists; "Now, therefore, The General Assembly of North Carolina enacts:" Session Laws 2006-201, s. 22, provides: "The authority, powers, duties and functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, of the North Carolina Board of Ethics of the Office of the Governor are transferred to the State Ethics Commission created in Section 1 of this act. The Director of the Budget shall resolve any disputes arising out of this transfer." Session Laws 2006-201, s. 23(a), provides: "(a) Persons holding covered positions on January 1, 2007, shall file statements of economic interest under Article 3 of Chapter 138A of the General Statutes by March 15, 2007." Session Laws 2006-201, s. 23(b), as amended by Session Laws 2007-347, s. 16, provides: "Public servants holding positions on January 1, 2007, shall participate in ethics education presentations under G.S. 138A-14 and lobbying education programs under G.S. 120C-103 on or before January 1, 2008." Session Laws 2006-201, s. 24, is a severability clause. Session Laws 2010-169, s. 26(a) to (h), provides: "(a). There is established the Public Funding of Council of State Elections Commission, which shall consist of the following members: "(1) Five members appointed by the Speaker of the House of Representatives, to include: "a. Two members of the House of Representatives, of whom no more than one shall be of the same political party as the Speaker of the House of Representatives. "b. An individual in business recommended by the North Carolina Chamber. "c. An individual representing groups opposing public financing of elections. "d. An individual who has received public financing for a campaign. "(2) Five members appointed by the President Pro Tempore of the Senate, to include: "a. Two members of the Senate, of whom no more than one shall be of the same political party as the President Pro Tempore of the Senate. "b. An individual in business recommended by a business association other than the North Carolina Chamber. "c. An individual representing groups advocating and supporting public financing of elections. "d. An individual representing the North Carolina State Bar. "(b). The Commission shall study issues related to the continuation of public funding for Council of State elections, including: "(1) The existing program, funding sources for existing programs, and the financial needs of the existing program; "(2) Whether to expand the program to the remainder of the Council of State, and the financial needs to accomplish that expansion; "(3) Potential funding mechanisms to fund the needs of the existing program and the expansion; and "(4) Any other matter pertinent to public financing of campaigns for elected office, including issues raised by the First Amendment and all legal precedents related to those issues. "(c). The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint a co-chair from among their respective appointees. A co-chair or other member of the Commission continues to serve until a successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. Members serve at the pleasure of the appointing officer. "(d). The Commission shall meet upon the call of its House and Senate co-chairs. A quorum of the Commission is a majority of its members. No action may be taken except by a majority vote at a meeting at which a quorum is present. "(e). The Commission while in the discharge of its official duties, may exercise all powers provided for under G.S. 120-19 and Article 5A of Chapter 120 of the General Statutes. The Commission may contract for professional, clerical, or consultant services, as provided by G.S. 120-32.02. "(f). Members of the Commission shall receive per diem, subsistence, and travel allowance as provided in G.S. 120-3.1, 138-5 and 138-6, as appropriate. "(g). The Legislative Services Officer shall assign professional and clerical staff to assist the Commission in its work. The Director of Legislative Assistants of the House of Representatives and the Director of Legislative Assistants of the Senate shall assign clerical support staff to the Commission. "(h). The Commission shall report the results of its study and its recommendations to the 2011 General Assembly no later than March 1, 2011." Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section.