GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	2 
SENATE BILL 162
Second Edition Engrossed 3/2/89

Short Title:  Expansion of Leg. Ethics Comm. Juris.	(Public)
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Sponsors: Senators Winner; Allran, Barnes, Cobb, Rauch, Smith, and Walker.
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Referred to:  Rules.
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February 15, 1989

A BILL TO BE ENTITLED
AN ACT TO EXPAND THE JURISDICTION OF THE LEGISLATIVE ETHICS COMMITTEE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 120-102 reads as rewritten:
"§ 120-102. Powers and duties of Committee.
In addition to the other powers and duties specified in this Article, the Committee has the following powers and duties:
(1)	To prescribe forms for the statements of economic interest and  other reports required by this Article, and to furnish these forms to persons who are required to file statements or reports.
(2)	To receive and file any information voluntarily supplied that exceeds the requirements of this Article.
(3)	To organize in a reasonable manner statements and reports filed with it and to make these statements and reports available for public inspection and copying during regular office hours. Copying facilities shall be made available at a charge not to exceed actual cost.
(4)	To preserve statements and reports filed with the Committee for a period of 10 years from the date of receipt. At the end of the 10-year period, these documents shall be destroyed.
(5)	To prepare a list of ethical principles and guidelines to be used by each legislator in determining his role in supporting or opposing specific types of legislation, and to advise each General Assembly committee of specific danger areas where conflict of interest may exist and to suggest rules of conduct that should be adhered to by committee members in order to avoid conflict.
(6)	To advise General Assembly committees, at the request of a committee chairman, or at the request of three members of a committee, about possible points of conflict and suggested standards of conduct of committee members in the consideration of specific bills or groups of bills.
(7)	To adopt rules specifying unethical activities which legislators shall avoid.
(8)	Upon receipt of information that a legislator owes money to the State and is delinquent in making repayment of such obligation, to investigate and dispose of the matter according to the terms of this Article."
Sec. 2.  G.S. 120-103 reads as rewritten:
"§ 120-103. Possible violations; procedures; disposition.
(a)	Institution of Proceedings. – On its own motion, or in response to signed and sworn complaint of any individual filed with the Committee, the Committee shall inquire into any alleged violation of:
(1)	Any provision of this Article, including any rules adopted pursuant to this Article, or
(2)	Of the criminal law by a legislator while acting in his official capacity.
(b)	Notice and Hearing. – If, after such preliminary investigation as it may make, the Committee determines to proceed with an inquiry into the conduct of any individual, the Committee shall notify the individual as to the fact of the inquiry and the charges against him and shall schedule one or more hearings on the matter. The individual shall have the right to present evidence, cross-examine witnesses, and be represented by counsel at any hearings. The Committee may, in its discretion, hold hearings in closed session; however, the individual whose conduct is under inquiry may, by written demand filed with the Committee, require that all hearings before the Committee concerning him be public or in closed session.
(c)	Subpoenas. – The Committee may issue subpoenas to compel the attendance of witnesses or the production of documents, books or other records. The Committee may apply to the superior court to compel obedience to the subpoenas of the Committee. Notwithstanding any other provision of law, every State agency, local governmental agency, and units and subdivisions thereof shall make available to the Committee any documents, records, data, statements or other information, except tax returns or information relating thereto, which the Committee designates as being necessary for the exercise of its powers and duties.
					(d) Disposition of Cases.–
(1)	After the Committee has concluded its inquiries into the alleged violations, the Committee shall:
a.	Dismiss the complaint and take no further action,
b.	Issue a public censure or private reprimand to the legislator, or
c.	Refer the matter
1.	To the Attorney General for possible prosecution through appropriate channels or the appropriate house for appropriate action, or both, if the Committee finds substantial evidence of a violation of a criminal statute; or
2.	To the appropriate house for appropriate action, which shall include censure and expulsion, if the Committee finds substantial evidence of unethical activities.
(1a)	If the committee issues a censure or reprimand as provided in subsection (1) b. above, the legislator so affected may upon written request to the committee have the matter referred as provided under subsection (1) c. 2. above.
(2)	In the case of a dismissal or private reprimand, the Committee shall retain its records or findings in confidence, unless the individual under inquiry requests in writing that the records and findings be made public.  If the Committee later finds that a legislator's subsequent unethical activities were similar to and the subject of an earlier private reprimand then the Committee may make public the earlier reprimand and the records and findings related to it.
(3)	Any action by the Committee under this Article does not limit the right of each house of the General Assembly to discipline or to expel its members."
Sec. 3.  This act is effective upon ratification.