North Carolina § 138A-37 - Legislator participation in legislative actions.

§ 138A-37. Legislator participation in legislative actions.

Except as permitted under G.S. 138A-38, no legislator shall participate in a legislative action if the legislator knows the legislator or a person with which the legislator is associated may incur a reasonably foreseeable financial benefit from the action, and if after considering whether the legislator's judgment would be substantially influenced by the financial benefit and considering the need for the legislator's particular contribution, including special knowledge of the subject matter to the effective functioning of the legislature, the legislator concludes that an actual financial benefit does exist which would impair the legislator's independence of judgment. The legislator shall submit in writing to the principal clerk of the house of which the legislator is a member the reasons for the abstention from participation in the legislative matter. If the legislator has a material doubt as to whether the legislator should act, the legislator may submit the question for an advisory opinion to the State Ethics Commission Board in accordance with G.S. 138A-13 or the Legislative Ethics Committee in accordance with G.S. 120-104. History (2006-201, s. 1; 2007-347, s. 13; 2008-213, s. 84(b); 2010-169, s. 22(c); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-217 by Session Laws 2017-6, s. 3. Former G.S. 163A-217 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 Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section. Effect of Amendments. - Session Laws 2007-347, s. 13, effective August 9, 2007, in subsection (a), in the first sentence, inserted "or a nonprofit corporation or organization with which the legislator is associated", in the second sentence, inserted "an economic or financial," added item (iv), added the third sentence, and made minor grammatical changes. Session Laws 2008-213, s. 84(b), effective August 15, 2008, rewrote subsection (a) and inserted the subsection (a1) designator. Session Laws 2010-169, s. 22(c), effective August 2, 2010, substituted "legislative actions" for "official actions" in the section catchline.