Chapter 120.

General Assembly.

Article 1.

Apportionment of Members; Compensation and Allowances.

§ 120-1.  Senators.

(a) For the purpose of nominating and electing members of the North Carolina Senate, senatorial districts are established and seats in the Senate are apportioned among those districts so that each district elects one senator, and the composition of each district is as follows:

District 1: Bertie County, Camden County, Currituck County, Dare County, Gates County, Hertford County, Northampton County, Pasquotank County, Perquimans County, Tyrrell County.

District 2: Carteret County, Chowan County, Halifax County, Hyde County, Martin County, Pamlico County, Warren County, Washington County.

District 3: Beaufort County, Craven County, Lenoir County.

District 4: Greene County, Wayne County, Wilson County.

District 5: Edgecombe County, Pitt County.

District 6: Onslow County.

District 7: New Hanover County: VTD CF01, VTD CF02, VTD CF05, VTD CF06, VTD FP03, VTD FP04, VTD FP06, VTD FP07, VTD FP08, VTD H01, VTD H02, VTD H03, VTD H04, VTD H05, VTD H06, VTD H08, VTD H10, VTD H11, VTD H12, VTD H13, VTD M02, VTD M03, VTD M04, VTD M06, VTD M07, VTD W08, VTD W13, VTD W16, VTD W17, VTD W18, VTD W21, VTD W24, VTD W26, VTD W28, VTD W30, VTD W31, VTD WB.

District 8: Brunswick County, Columbus County, New Hanover County: VTD W03, VTD W12, VTD W15, VTD W25, VTD W27, VTD W29.

District 9: Bladen County, Duplin County, Jones County, Pender County, Sampson County: VTD AUTR, VTD CLCE, VTD CLEA, VTD CLEM, VTD CLNE, VTD CLSW, VTD CLWE, VTD GARL, VTD GIDD, VTD HARR, VTD HERR, VTD INGO, VTD KEEN, VTD KFRK, VTD LAKE, VTD MING, VTD NGRV, VTD ROSE, VTD ROWA, VTD SBRG, VTD TURK, VTD WBRK.

District 10: Johnston County.

District 11: Franklin County, Nash County, Vance County.

District 12: Harnett County, Lee County, Sampson County: VTD PLVW.

District 13: Wake County: VTD 03-00, VTD 04-07, VTD 06-04: Block(s) 1830532041022, 1830532041031, 1830532041032, 1830532041033, 1830532041034, 1830532041035, 1830532041036, 1830532041037, 1830532041038, 1830532041039, 1830532041040, 1830532041041, 1830532041042, 1830532041043, 1830532041044, 1830532041045, 1830532041046, 1830532042002, 1830532042008, 1830532042009, 1830532042010, 1830532042011, 1830532042012, 1830532042013, 1830532042014, 1830532042015, 1830532042016, 1830532051025, 1830532051026, 1830532051027, 1830532051028, 1830532051029, 1830532051030, 1830532051031, 1830532051033, 1830532051034, 1830532051035, 1830532051036, 1830532051043, 1830532052000, 1830532052001, 1830532052002, 1830532052003, 1830532052004, 1830532052005, 1830532052006, 1830532052007, 1830532052008, 1830532052010, 1830532052011, 1830532052012, 1830532052013, 1830532052014, 1830532052015, 1830532052016, 1830532052017, 1830532052018, 1830532052019, 1830532052020, 1830532052021, 1830532052022, 1830532052023, 1830532052024, 1830532052025, 1830532052026, 1830532052032, 1830532052033, 1830532052034, 1830532052035; VTD 06-05, VTD 06-07, VTD 06-09, VTD 06-10, VTD 12-01, VTD 12-02, VTD 12-04, VTD 12-05, VTD 12-06, VTD 12-07, VTD 12-08, VTD 12-09, VTD 15-01, VTD 15-02, VTD 15-03, VTD 15-04, VTD 16-01, VTD 16-04, VTD 16-05, VTD 16-07, VTD 16-09: Block(s) 1830528091000, 1830528091001, 1830528091002, 1830528091003, 1830528091004, 1830528091005, 1830528091006, 1830528091007, 1830528091008, 1830528091009, 1830528091010, 1830528091011, 1830528091012, 1830528131000, 1830528131005, 1830528131006, 1830528131007, 1830528131009, 1830528131011, 1830528131012, 1830528131013, 1830528131014, 1830528131015, 1830528131016, 1830528131017; VTD 17-02: Block(s) 1830541082002, 1830541082003, 1830541082004, 1830541082005, 1830541082006, 1830541082007, 1830541082008, 1830541082009, 1830541082010, 1830541082017, 1830541082018, 1830541082019, 1830541082020, 1830541082021, 1830541082022, 1830541082023, 1830541082024, 1830541082025, 1830541082026, 1830541082028, 1830541082029, 1830541082030, 1830541082031, 1830541082032, 1830541082033, 1830541082034, 1830541082035, 1830541082036, 1830541082037, 1830541082038, 1830541082039, 1830541082040, 1830541082041, 1830541082042, 1830541082043, 1830541082044, 1830541082045, 1830541082046, 1830541082047, 1830541082048, 1830541082049, 1830541082050, 1830541082051, 1830541082052, 1830541082053, 1830541082054, 1830541082055, 1830541082056, 1830541082057, 1830541082058, 1830541082059, 1830541082060, 1830541082061, 1830541082062, 1830541082063, 1830541082064, 1830541082065, 1830541082073, 1830541082074, 1830541082075, 1830541082076, 1830541082077, 1830541082078, 1830541082079, 1830541082081, 1830541082082, 1830541152000, 1830541152001, 1830541152002, 1830541152003, 1830541152004, 1830541152005, 1830541152006, 1830541152013, 1830541152015, 1830541152021; VTD 17-06, VTD 18-02, VTD 18-04, VTD 18-05, VTD 18-07, VTD 20-05.

District 14: Wake County: VTD 01-14, VTD 01-19, VTD 01-20, VTD 01-21, VTD 01-22, VTD 01-25, VTD 01-26, VTD 01-34, VTD 01-35, VTD 01-40, VTD 01-50, VTD 09-02, VTD 10-03, VTD 10-04, VTD 13-01: Block(s) 1830541161000, 1830541161001, 1830541161002, 1830541161003, 1830541161004, 1830541161005, 1830541161006, 1830541161007, 1830541161008, 1830541161009, 1830541161010, 1830541161011, 1830541161012, 1830541161013, 1830541161014, 1830541161015, 1830541161016, 1830541161017, 1830541161018, 1830541161019, 1830541161020, 1830541161021, 1830541161022, 1830541161023, 1830541161024, 1830541161025, 1830541161026, 1830541161027, 1830541161028, 1830541161029, 1830541161030, 1830541161031, 1830541161032, 1830541161033, 1830541161034, 1830541161035, 1830541161036, 1830541161037, 1830541161038, 1830541161039, 1830541161040, 1830541161041, 1830541161042, 1830541161043, 1830541161045, 1830541161050, 1830541161051, 1830541161054, 1830541161055, 1830541161056, 1830541161058, 1830541161059, 1830541161060, 1830541161061, 1830541161062, 1830541161063, 1830541161064, 1830541162000, 1830541162002, 1830541162003, 1830541162004, 1830541162005, 1830541162006, 1830541162007, 1830541162008, 1830541162009, 1830541172003, 1830541172004, 1830541172005, 1830541172007, 1830541172008, 1830541172012; VTD 16-02, VTD 16-03, VTD 16-06, VTD 16-09: Block(s) 1830528131001, 1830528131002, 1830528131003, 1830528131004, 1830528131008, 1830528131010, 1830528131018, 1830528131019, 1830528141000, 1830528141001, 1830528141002, 1830528141003, 1830528141004, 1830528141005, 1830528141006, 1830528141007, 1830528141008, 1830528141009, 1830528141010, 1830528141011, 1830528141012, 1830528141013, 1830528141014, 1830528141015, 1830528141016, 1830528141017, 1830528141018, 1830528142000, 1830528142001, 1830528142012, 1830528142013, 1830528142014, 1830528142015, 1830528142016, 1830528142017, 1830528142018, 1830528142021, 1830528142022, 1830528142023, 1830528142024, 1830528142025, 1830528142026, 1830528142027, 1830528142028, 1830528142029, 1830528142030, 1830528143000, 1830528143001, 1830528143002, 1830528143003, 1830528143004, 1830528143005, 1830528143006, 1830528143007, 1830528143008, 1830528143009, 1830528143010, 1830528143011, 1830528143012, 1830528143013, 1830528143014, 1830528143015, 1830528143016, 1830528143017, 1830528143018, 1830528143019, 1830528143020, 1830528143021, 1830528143022, 1830528143023, 1830528143024, 1830528143025, 1830528143026, 1830528143027, 1830528143028, 1830528143029, 1830528143030, 1830528143031, 1830528143032, 1830528143033, 1830528143034; VTD 16-10, VTD 16-11, VTD 17-02: Block(s) 1830541082000, 1830541082001, 1830541082011, 1830541082012, 1830541082016, 1830541082027, 1830541121017, 1830541121018; VTD 17-03, VTD 17-04, VTD 17-05, VTD 17-07, VTD 17-09, VTD 17-11, VTD 17-12, VTD 17-13, VTD 19-17, VTD 19-21.

District 15: Wake County: VTD 01-01, VTD 01-03, VTD 01-04, VTD 01-05, VTD 01-06, VTD 01-07, VTD 01-09, VTD 01-10, VTD 01-11, VTD 01-12, VTD 01-13, VTD 01-15, VTD 01-17, VTD 01-18, VTD 01-23, VTD 01-27, VTD 01-28, VTD 01-29, VTD 01-30, VTD 01-36, VTD 01-37, VTD 01-38, VTD 01-39, VTD 01-43, VTD 01-44, VTD 01-45, VTD 01-46, VTD 01-51, VTD 07-04, VTD 07-05, VTD 07-06, VTD 07-09, VTD 07-13, VTD 13-01: Block(s) 1830527043000, 1830527043017, 1830540081000, 1830540081001, 1830540081002, 1830540081003, 1830540081004, 1830540081005, 1830540081006, 1830540081007, 1830540081008, 1830540081009, 1830540081010, 1830540081011, 1830540081012, 1830540081013, 1830540081014, 1830540081015, 1830540081016, 1830540082000, 1830540082001, 1830540082002, 1830540082003, 1830540082004, 1830540082005, 1830540082006, 1830540082007, 1830540082008, 1830540082009, 1830540082010, 1830540082011, 1830540083000, 1830540083001, 1830540083002, 1830540083003, 1830540083004, 1830540083005, 1830540083006, 1830540083007, 1830540084000, 1830540084001, 1830540084002, 1830540181017, 1830540181018, 1830540181019, 1830540181024, 1830540181025, 1830540181026, 1830540181027, 1830540181033, 1830540181036, 1830540181037, 1830541161044, 1830541161052, 1830541161057, 1830541172006; VTD 13-02, VTD 13-05, VTD 13-06, VTD 13-07, VTD 13-08, VTD 13-09, VTD 13-10, VTD 13-11, VTD 17-01, VTD 17-10, VTD 18-01, VTD 19-13, VTD 19-14: Block(s) 1830542123012, 1830542123013, 1830542123017, 1830542123018, 1830542123019, 1830542123020, 1830542123021, 1830542123022, 1830542123023, 1830542123024, 1830542123025, 1830542123026, 1830542123027, 1830542123028, 1830542123029, 1830542123030, 1830542123031, 1830542123032, 1830542123033, 1830542123034, 1830542132000, 1830542132001, 1830542132002, 1830542132003, 1830542132004, 1830542132005, 1830542132006, 1830542132007, 1830542132008, 1830542132009, 1830542133010, 1830542133012, 1830542133013, 1830542133014, 1830542133016, 1830542133017, 1830542133018.

District 16: Wake County: VTD 01-02, VTD 01-16, VTD 01-31, VTD 01-32, VTD 01-33, VTD 01-41, VTD 01-48, VTD 01-49, VTD 04-01, VTD 04-02, VTD 04-03, VTD 04-04, VTD 04-05, VTD 04-06, VTD 04-10, VTD 04-11, VTD 04-12, VTD 04-13, VTD 04-14, VTD 04-15, VTD 04-16, VTD 04-19, VTD 04-20, VTD 04-21, VTD 05-05: Block(s) 1830535122001, 1830536132000, 1830536132001, 1830536132002, 1830536132003, 1830536132004, 1830536132005, 1830536132006, 1830536132007, 1830536132008, 1830536132009, 1830536132010, 1830536132011, 1830536132012, 1830536132013, 1830536132016, 1830536132024, 1830536132025, 1830536132026, 1830536132028, 1830536132029, 1830536132030, 1830536132031, 1830536132034, 1839801001004, 1839801001005, 1839801001006, 1839801001007, 1839801001013, 1839801001014, 1839801001018, 1839801001019, 1839801001026, 1839801001027, 1839801001028, 1839801001029, 1839801001030, 1839801001032, 1839802001003, 1839802001004, 1839802001010, 1839802001014, 1839802001015; VTD 07-01, VTD 07-02, VTD 07-03, VTD 07-07, VTD 07-10, VTD 07-11, VTD 07-12, VTD 08-02, VTD 08-03, VTD 08-05, VTD 08-06, VTD 08-08, VTD 08-09, VTD 08-10, VTD 08-11, VTD 11-01, VTD 11-02, VTD 18-03, VTD 18-06, VTD 18-08.

District 17: Wake County: VTD 04-08, VTD 04-09, VTD 04-17, VTD 04-18, VTD 05-01, VTD 05-03, VTD 05-05: Block(s) 1830535122002, 1830536091000, 1830536091001, 1830536091002, 1830536091003, 1830536091004, 1830536091005, 1830536091006, 1830536091007, 1830536091008, 1830536091083, 1830536091086, 1830536091112, 1830536091115, 1830536091116, 1830536091117, 1830536091118, 1830536131000, 1830536131001, 1830536131002, 1830536131003, 1830536131004, 1830536131005, 1830536131006, 1830536131007, 1830536131008, 1830536131009, 1830536131010, 1830536131011, 1830536131012, 1830536131013, 1830536131014, 1830536131015, 1830536132014, 1830536132015, 1830536132017, 1830536132018, 1830536132019, 1830536132020, 1830536132021, 1830536132022, 1830536132023, 1830536132027, 1830536132032, 1830536132033, 1830536133000, 1830536133001, 1830536133002, 1830536133003, 1830536133004, 1830536133005, 1830536133006, 1830536133007, 1830536141000, 1830536141001, 1830536141002, 1830536141003, 1830536141004, 1830536141005, 1830536141006, 1830536141007, 1830536141008, 1830536141009, 1830536141010, 1830536141011, 1830536142000, 1830536142001, 1830536142002, 1830536142003, 1830536142004, 1830536142005, 1830536142006, 1830536142007, 1830536142008, 1830536142009, 1830536142010, 1830536142011, 1830536142012, 1830536142013, 1830536142014, 1830536151000, 1830536151001, 1830536151002, 1830536151003, 1830536151004, 1830536151005, 1830536151006, 1830536151007, 1830536151008, 1830536151009, 1830536151010, 1830536151011, 1830536151012, 1830536151013, 1830536151014, 1830536151015, 1830536151016, 1830536151017, 1830536151018, 1830536151019, 1830536151020, 1830536151021, 1830536151022, 1830536151023, 1830536151024, 1830536151025, 1830536151026, 1830536151027, 1830536151028, 1830536151029, 1830536151030, 1830536152000, 1830536152001, 1830536152002, 1830536152003, 1830536152004, 1830536152005, 1830536152006, 1830536152007, 1830536152008, 1830536152009, 1830536152010, 1830536152011, 1830536152012, 1830536152013, 1830536152014, 1830536152015, 1830536152016, 1830536152017, 1830536152018, 1830536152019, 1830536152020, 1830536152021, 1830536152022, 1830536152023, 1830536152024, 1830536152025, 1830536152026, 1830536152027, 1830536152028, 1830536152029, 1830536152030, 1830536152031, 1830536152032, 1830536152033, 1830536152034, 1830536152035, 1830536152036, 1830536152037, 1830536152038, 1830536152039, 1830536152040, 1830536152041, 1830536152042, 1830536152043, 1830536152044, 1830536152045, 1830536152046, 1830536152047, 1830536152048, 1830536152049, 1830536152050, 1830536152051, 1830536152052, 1830536152053, 1830536152054, 1830536152055, 1830536152056, 1830536152057, 1830536152058, 1830536152059, 1830536152060, 1830536152061, 1830536152062, 1830536152063, 1830536152064, 1830536152065, 1830536152066, 1830536152067, 1830536152068, 1830536152069, 1830536152070, 1830536152071, 1839801001000, 1839801001001, 1839801001002, 1839801001003, 1839801001008, 1839801001009, 1839801001010, 1839801001015, 1839801001016, 1839801001017, 1839801001020, 1839801001021, 1839801001022, 1839801001023, 1839801001024, 1839801001025, 1839801001031, 1839801001033, 1839801001034; VTD 05-06, VTD 05-07, VTD 05-08, VTD 06-04: Block(s) 1830532041000, 1830532041001, 1830532041002, 1830532041003, 1830532041016, 1830532041017, 1830532041018, 1830532041019, 1830532041020, 1830532041021, 1830532042000, 1830532042001, 1830532042003, 1830532042004, 1830532042005, 1830532042006, 1830532042007; VTD 06-06, VTD 06-08, VTD 20-01, VTD 20-03, VTD 20-04, VTD 20-06A, VTD 20-06B, VTD 20-08, VTD 20-09, VTD 20-10, VTD 20-11, VTD 20-12, VTD 20-14, VTD 20-15, VTD 20-16, VTD 20-17.

District 18: Granville County, Wake County: VTD 01-42, VTD 01-47, VTD 02-01, VTD 02-02, VTD 02-03, VTD 02-04, VTD 02-05, VTD 02-06, VTD 08-04, VTD 08-07, VTD 09-01, VTD 09-03, VTD 10-01, VTD 10-02, VTD 14-01, VTD 14-02, VTD 19-03, VTD 19-05, VTD 19-07, VTD 19-09, VTD 19-11, VTD 19-12, VTD 19-14: Block(s) 1830542123016, 1830542123035, 1830542133001, 1830542133002, 1830542133003, 1830542133004, 1830542133005, 1830542133006, 1830542133007, 1830542133008, 1830542133009, 1830542133011, 1830542133015; VTD 19-15, VTD 19-16, VTD 19-18, VTD 19-19, VTD 19-20.

District 19: Cumberland County: VTD AH49, VTD CC01, VTD CC03, VTD CC04, VTD CC05, VTD CC06, VTD CC07, VTD CC08, VTD CC10, VTD CC12, VTD CC13, VTD CC14, VTD CC15, VTD CC16, VTD CC17, VTD CC18, VTD CC19, VTD CC21, VTD CC24, VTD CC25, VTD CC26, VTD CC27, VTD CC29, VTD CC31, VTD CC32, VTD CC33, VTD CC34, VTD CL57-1, VTD CL57-2, VTD CU02, VTD G10A, VTD G1A, VTD G2A, VTD G2B, VTD G2C-1, VTD G2C-2, VTD G2E-1, VTD G2E-2, VTD G3A-1, VTD G3A-2, VTD G3B, VTD G3C, VTD G4A, VTD G4B, VTD G4C, VTD G5A-1, VTD G5A-2, VTD G5B-1, VTD G5B-2, VTD G5C, VTD G8A, VTD G8B, VTD G8C, VTD LR63, VTD MB62, VTD MR02.

District 20: Chatham County, Durham County: VTD 012, VTD 013, VTD 016, VTD 027, VTD 031, VTD 033, VTD 038, VTD 039, VTD 041, VTD 042, VTD 047, VTD 048, VTD 051, VTD 054, VTD 055-11, VTD 055-49, VTD 30-1: Block(s) 0630018083000, 0630018083001, 0630018083002, 0630018083003, 0630018083004, 0630018083005, 0630018083006, 0630018083007, 0630018083008, 0630018083009, 0630018083010, 0630018083011, 0630018083012, 0630018083013, 0630018083014, 0630018083015, 0630018083016, 0630018083017, 0630018083018, 0630018083019, 0630018083020, 0630018083021, 0630018083022, 0630018083023, 0630018083024, 0630018083025, 0630018083026, 0630018084000, 0630018084001, 0630018084002, 0630018084003, 0630018084004, 0630018084005, 0630018084006, 0630018084007, 0630018084008, 0630018084009, 0630018084010, 0630018084011, 0630018084012, 0630018084013, 0630018084014, 0630018084015, 0630018084016, 0630018084017, 0630018084018, 0630018084019, 0630018084020, 0630018084021, 0630018084022, 0630018084023, 0630018084024, 0630018084025, 0630018084026, 0630018084027, 0630018084028, 0630018084029, 0630018084030, 0630018084031, 0630018084032, 0630018084033, 0630018084034, 0630018084035, 0630018084036, 0630018084037, 0630018084038, 0630018084039, 0630018084041, 0630018084042, 0630018084043, 0630018084044, 0630018084045, 0630018084046, 0630018084047, 0630018084048, 0630018084049, 0630018084050, 0630018084051, 0630018084052, 0630018084053, 0630018084054, 0630018084055, 0630019004032; VTD 34-1, VTD 34-2, VTD 35.3, VTD 53-1, VTD 53-2.

District 21: Cumberland County: VTD AL51, VTD EO61-1, VTD EO61-2, VTD G10B, VTD G10C, VTD G11B, VTD G1B, VTD G2D, VTD G6A, VTD G6B, VTD G6C, VTD G7A, VTD G7B, VTD G8D, VTD G9A, VTD G9B-1, VTD G9B-2, VTD LI65, VTD SH77, VTD SL78-3; Moore County.

District 22: Durham County: VTD 001, VTD 002, VTD 003, VTD 004, VTD 005, VTD 006, VTD 007, VTD 008, VTD 009, VTD 010, VTD 014, VTD 015, VTD 017, VTD 018, VTD 019, VTD 020, VTD 021, VTD 022, VTD 023, VTD 024, VTD 025, VTD 026, VTD 028, VTD 029, VTD 032, VTD 036, VTD 037, VTD 040, VTD 043, VTD 044, VTD 045, VTD 046, VTD 050, VTD 052, VTD 30-1: Block(s) 0630018081000, 0630018081001, 0630018081002, 0630018081003, 0630018081004, 0630018081005, 0630018081006, 0630018081007, 0630018081008, 0630018081009, 0630018081010, 0630018081011, 0630018081012, 0630018081013, 0630018081014, 0630018081015, 0630018081016, 0630018081017, 0630018081018, 0630018081019, 0630018081020, 0630018081021, 0630018081022, 0630018081023, 0630018081024, 0630018081025, 0630018081026, 0630018081027, 0630018081028, 0630018081029, 0630018081030, 0630018081031, 0630018081032, 0630018081033, 0630018081034, 0630018081035, 0630018081036, 0630018082000, 0630018082001, 0630018082002, 0630018082003, 0630018082004, 0630018082005, 0630018082006, 0630018082007, 0630018082008, 0630018082009, 0630018082010, 0630018082011, 0630018082012, 0630018082013, 0630018082014, 0630018082015, 0630018082016, 0630018082017, 0630018082018, 0630018082019, 0630018082020, 0630018082021, 0630018082022, 0630018082023, 0630018082024, 0630018082025, 0630018082026, 0630018082027, 0630018082028, 0630018101000, 0630018101001, 0630018101002, 0630018101003, 0630018101004, 0630018101005, 0630018101006, 0630018101007, 0630018101008, 0630018101009, 0630018101010, 0630018101011, 0630018101012, 0630018101013, 0630018102000, 0630018102001, 0630018102002, 0630018102003, 0630018102004, 0630018102005, 0630018102006, 0630018102007, 0630018102008, 0630018102009, 0630018102010, 0630018102011, 0630018102012, 0630018102013, 0630018102014, 0630018102015, 0630018102016, 0630018103000, 0630018103001, 0630018103002, 0630018103005; VTD 30-2.

District 23: Caswell County, Orange County, Person County.

District 24: Hoke County, Robeson County, Scotland County.

District 25: Alamance County, Randolph County: VTD AR, VTD LB, VTD LC, VTD NM, VTD PR, VTD RN, VTD ST.

District 26: Guilford County: VTD FEN2, VTD GIB, VTD GR, VTD JAM1, VTD JAM2, VTD JAM3, VTD JAM4, VTD JAM5, VTD JEF1, VTD JEF2, VTD JEF4, VTD MON3, VTD NCGR2: Block(s) 0810156012002, 0810156012003, 0810156012005, 0810156012006, 0810156012007, 0810156012008, 0810156012009, 0810156012010, 0810156012012, 0810156012013, 0810156012015, 0810156012042, 0810156023030, 0810156023032; VTD NCLAY1, VTD NCLAY2, VTD NDRI, VTD NMAD, VTD NWASH, VTD OR1, VTD OR2, VTD PG1, VTD PG2, VTD RC1, VTD RC2, VTD SCLAY, VTD SDRI, VTD SF2: Block(s) 0810156012016, 0810159012000, 0810159012001, 0810159012002, 0810159012003, 0810159012004, 0810159012006, 0810159012008, 0810159012017, 0810159012018, 0810159012019, 0810159012020, 0810159012021, 0810159012033, 0810159012052; VTD SMAD, VTD STOK, VTD SUM1, VTD SUM2, VTD SUM3, VTD SUM4, VTD SWASH; Rockingham County.

District 27: Guilford County: VTD CG1, VTD CG2, VTD FR2, VTD FR3, VTD FR4, VTD FR5A, VTD FR5B, VTD G13, VTD G14, VTD G15, VTD G16, VTD G17, VTD G30, VTD G31, VTD G32, VTD G33, VTD G34, VTD G35, VTD G36, VTD G37, VTD G38, VTD G39, VTD G40A1, VTD G40A2, VTD G40B, VTD G41A, VTD G41B, VTD G42A, VTD G42B, VTD G43, VTD G48, VTD G49, VTD G63, VTD G64, VTD H01, VTD H02, VTD H03, VTD H04, VTD H05, VTD H06, VTD H07, VTD H08, VTD H09, VTD H10, VTD H11, VTD H12, VTD H13, VTD H14, VTD H15, VTD H16, VTD H17, VTD H18, VTD H19A, VTD H19B, VTD H20A, VTD H20B, VTD H21, VTD H22, VTD H23, VTD H24, VTD H25, VTD H26, VTD H27-A, VTD H27-B, VTD H28, VTD H29A, VTD H29B, VTD NCGR1, VTD NCGR2: Block(s) 0810156012004, 0810156012011, 0810156012014, 0810156012018, 0810156012019, 0810156012020, 0810156012021, 0810156012022, 0810156012023, 0810156012027, 0810156012028, 0810156012029, 0810156012030, 0810156012031, 0810156012032, 0810156012033, 0810156012034, 0810156012035, 0810156012036, 0810156012037, 0810156012038, 0810156012039, 0810156012040, 0810156012041, 0810156012043, 0810156012044, 0810156012045, 0810156012046, 0810156012047, 0810156012048, 0810156012049, 0810156012050, 0810158002000, 0810158002004, 0810158002005, 0810158002006, 0810158002007, 0810158002008, 0810158002009, 0810158002010, 0810158002012, 0810158002013, 0810158002014, 0810158002015, 0810158002016, 0810158004041, 0810158004042; VTD SF1, VTD SF2: Block(s) 0810156012017, 0810156012024, 0810156012025, 0810156012026, 0810158001000, 0810158001003, 0810158001004, 0810158001005, 0810158001006, 0810158002001, 0810158002002, 0810158002003, 0810158002011, 0810158002032, 0810158004000, 0810158004001, 0810158004002, 0810158004003, 0810158004004, 0810158004005, 0810158004006, 0810158004007, 0810158004019, 0810159012005, 0810159012022, 0810159012023, 0810159012024, 0810159012025, 0810159012027, 0810159012028, 0810159012029, 0810159012030, 0810159012031, 0810159012032, 0810159012034, 0810159012035, 0810159012047, 0810159012048; VTD SF3, VTD SF4.

District 28: Guilford County: VTD CG3A, VTD CG3B, VTD FEN1, VTD FR1, VTD G01, VTD G02, VTD G03, VTD G04, VTD G05, VTD G06, VTD G07, VTD G08, VTD G09, VTD G10, VTD G11, VTD G12, VTD G18, VTD G19, VTD G20, VTD G21, VTD G22, VTD G23, VTD G24, VTD G25, VTD G26, VTD G27, VTD G28, VTD G29, VTD G44, VTD G45, VTD G46, VTD G47, VTD G50, VTD G51, VTD G52, VTD G53, VTD G54, VTD G55, VTD G56, VTD G57, VTD G58, VTD G59, VTD G60, VTD G61, VTD G62, VTD G65, VTD G66, VTD G67, VTD G68, VTD G69, VTD G70, VTD G71, VTD G72, VTD G73, VTD G74, VTD G75, VTD JEF3, VTD MON1, VTD MON2A, VTD MON2B.

District 29: Anson County, Montgomery County, Randolph County: VTD AE, VTD AN, VTD AS, VTD AW, VTD BC, VTD DR, VTD GR, VTD RM, VTD SE, VTD SO, VTD SW, VTD TB, VTD TR, VTD TT, VTD UG; Richmond County, Union County: VTD 001, VTD 003, VTD 008, VTD 009, VTD 010, VTD 025, VTD 026, VTD 027, VTD 036, VTD 043.

District 30: Davidson County, Davie County.

District 31: Forsyth County: VTD 011, VTD 012, VTD 013, VTD 014, VTD 015, VTD 021, VTD 031, VTD 032, VTD 033, VTD 034, VTD 043, VTD 051, VTD 052, VTD 053, VTD 054, VTD 055, VTD 061, VTD 062, VTD 063, VTD 064, VTD 065, VTD 066, VTD 067, VTD 068, VTD 071, VTD 072, VTD 073, VTD 074, VTD 075, VTD 082, VTD 091, VTD 092, VTD 101, VTD 111, VTD 112, VTD 131, VTD 132, VTD 133, VTD 507; Stokes County.

District 32: Forsyth County: VTD 042, VTD 081, VTD 083, VTD 122, VTD 123, VTD 201, VTD 203, VTD 204, VTD 205, VTD 206, VTD 207, VTD 301, VTD 302, VTD 303, VTD 304, VTD 305, VTD 306, VTD 401, VTD 402, VTD 403, VTD 404, VTD 405, VTD 501, VTD 502, VTD 503, VTD 504, VTD 505, VTD 506, VTD 601, VTD 602, VTD 603, VTD 604, VTD 605, VTD 606, VTD 607, VTD 701, VTD 702, VTD 703, VTD 704, VTD 705, VTD 706, VTD 707, VTD 708, VTD 709, VTD 801, VTD 802, VTD 803, VTD 804, VTD 805, VTD 806, VTD 807, VTD 808, VTD 809, VTD 901, VTD 902, VTD 903, VTD 904, VTD 905, VTD 906, VTD 907, VTD 908, VTD 909.

District 33: Rowan County, Stanly County.

District 34: Cabarrus County: VTD 01-02: Block(s) 0250415031058, 0250415031059, 0250415031072, 0250415031086, 0250415031087, 0250415031088, 0250415071015, 0250415071016, 0250415071017, 0250415071018, 0250415071019, 0250415071020, 0250415071021, 0250415071022, 0250415071023, 0250415071024, 0250415072000, 0250415072001, 0250415072002, 0250415072003, 0250415072004, 0250415072005, 0250415072006, 0250415072007, 0250415072008, 0250415072009, 0250415072010, 0250415072011, 0250415072012, 0250415072013, 0250415072014; VTD 01-07, VTD 01-08, VTD 01-10, VTD 01-11, VTD 02-01, VTD 02-02, VTD 02-03, VTD 02-05, VTD 02-06, VTD 02-07, VTD 02-08, VTD 02-09, VTD 03-00, VTD 04-01, VTD 04-03, VTD 04-08, VTD 04-09, VTD 04-11, VTD 04-12, VTD 04-13, VTD 05-00, VTD 06-00, VTD 07-00, VTD 08-00, VTD 09-00, VTD 10-00: Block(s) 0250416031000, 0250416031001, 0250416031002, 0250416031003, 0250416031004, 0250416031005, 0250416031006, 0250416031007, 0250416031008, 0250416031009, 0250416031010, 0250416031011, 0250416031012, 0250416031013, 0250416031014, 0250416031015, 0250416031016, 0250416031017, 0250416031018, 0250416031019, 0250416031020, 0250416031021, 0250416031022, 0250416031023, 0250416031024, 0250416031025, 0250416031026, 0250416031027, 0250416031028, 0250416031029, 0250416031032, 0250416031033, 0250416031034, 0250416031036, 0250416031046, 0250416031047, 0250416031048, 0250416031049, 0250416031050, 0250416031051, 0250416032000, 0250416032001, 0250416032002, 0250416032003, 0250416032004, 0250416032005, 0250416032006, 0250416032007, 0250416032008, 0250416032009, 0250416032019, 0250416032020, 0250416032021, 0250416032022, 0250416032023, 0250416032024, 0250416032025, 0250416032026, 0250416032027, 0250416032028, 0250416032030, 0250416032031, 0250416041002, 0250416041007, 0250416041015, 0250416041016, 0250416041017, 0250416041018, 0250416041019, 0250416041020, 0250416041021, 0250416041022, 0250416041023, 0250416041024, 0250416041025, 0250416041026, 0250416041027, 0250416041028, 0250416041029, 0250416041030, 0250416041032, 0250416041033, 0250416041034, 0250416041035, 0250416041036, 0250416041037, 0250416041038, 0250416041039, 0250416041040, 0250416041041, 0250416041042, 0250416041043, 0250416041044, 0250416041045, 0250416041046, 0250416041047, 0250416041048, 0250416041049, 0250416041050, 0250416041051, 0250416041052, 0250416041053, 0250416041054, 0250416042000, 0250416042001, 0250416042002, 0250416042003, 0250416042004, 0250416042005, 0250416042006, 0250416042007, 0250416042008, 0250416042009, 0250416042010, 0250416042011, 0250416042012, 0250416042013, 0250416042014, 0250416043000, 0250416043001, 0250416043002, 0250416043003, 0250416043004, 0250416043005, 0250416043006, 0250416043007, 0250416043008, 0250416043009, 0250416043010, 0250416043011, 0250416043012, 0250416043013, 0250416043014, 0250416043015, 0250416043016, 0250416043017, 0250416043018, 0250416043019, 0250416043020, 0250416043021, 0250416043022, 0250416043023, 0250416043024, 0250416043025, 0250416043026, 0250416043027, 0250416043028, 0250416043029, 0250416044000, 0250416044001, 0250416044002, 0250416044003, 0250416044004, 0250416044005, 0250416044006, 0250416044007, 0250416044008, 0250416044009, 0250416044010, 0250416044011, 0250416044012; VTD 11-01, VTD 11-02, VTD 12-03, VTD 12-04, VTD 12-05, VTD 12-06, VTD 12-08, VTD 12-09, VTD 12-10, VTD 12-11, VTD 12-12, VTD 12-13.

District 35: Cabarrus County: VTD 01-02: Block(s) 0250416032010, 0250416032011, 0250416032012, 0250416032013, 0250416032014, 0250416032015, 0250416032049, 0250416032055, 0250416032056, 0250416032057, 0250416032058, 0250416032059, 0250416032062, 0250416032063, 0250416032064, 0250416032074, 0250416032075, 0250416032076; VTD 01-04, VTD 10-00: Block(s) 0250416031030, 0250416031031, 0250416031035, 0250416031037, 0250416031038, 0250416031039, 0250416031040, 0250416031041, 0250416031042, 0250416031043, 0250416031044, 0250416031045, 0250416031052, 0250416031053, 0250416031054, 0250416031055, 0250416031056, 0250416031057, 0250416031058, 0250416031059, 0250416031060, 0250416031061, 0250416031062, 0250416032016, 0250416032017, 0250416032018, 0250416032029, 0250416032032, 0250416032033, 0250416032034, 0250416032035, 0250416032036, 0250416032037, 0250416032038, 0250416032039, 0250416032040, 0250416032041, 0250416032042, 0250416032043, 0250416032044, 0250416032045, 0250416032046, 0250416032047, 0250416032048, 0250416032050, 0250416032051, 0250416032052, 0250416032053, 0250416032054, 0250416032060, 0250416032061, 0250416032065, 0250416032066, 0250416032067, 0250416032068, 0250416032069, 0250416032070, 0250416032071, 0250416032072, 0250416032073, 0250416032077, 0250416032078, 0250416032079, 0250416032080, 0250416032081; Union County: VTD 002, VTD 004, VTD 005, VTD 006, VTD 007, VTD 011, VTD 012, VTD 013, VTD 014, VTD 015, VTD 016, VTD 018, VTD 019, VTD 021, VTD 022, VTD 023, VTD 024, VTD 030, VTD 031, VTD 032, VTD 033, VTD 034, VTD 035, VTD 039, VTD 040, VTD 041, VTD 042, VTD 17A, VTD 17B, VTD 20A, VTD 20B, VTD 28A, VTD 28B, VTD 28C, VTD 28D, VTD 29A, VTD 29B, VTD 29C, VTD 37A, VTD 37B, VTD 38A, VTD 38B.

District 36: Alexander County, Surry County, Wilkes County, Yadkin County.

District 37: Iredell County, Mecklenburg County: VTD 127: Block(s) 1190064041000, 1190064041001, 1190064041002, 1190064041003, 1190064041004, 1190064041005, 1190064041006, 1190064041007, 1190064041008, 1190064041009, 1190064041010, 1190064041011, 1190064041012, 1190064041013, 1190064041014, 1190064041015, 1190064041016, 1190064041017, 1190064041018, 1190064041019, 1190064041020, 1190064041021, 1190064041022, 1190064041023, 1190064041024, 1190064041025, 1190064041026, 1190064041027, 1190064041028, 1190064041029, 1190064041030, 1190064041031, 1190064041032, 1190064041033, 1190064041034, 1190064041035, 1190064041036, 1190064041037, 1190064041038, 1190064041039, 1190064041040, 1190064041041, 1190064041042, 1190064041043, 1190064041044, 1190064041045, 1190064041046, 1190064041047, 1190064041048, 1190064041049, 1190064041050, 1190064041051, 1190064042000, 1190064042001, 1190064042002, 1190064042003, 1190064042004, 1190064042005, 1190064042006, 1190064042007, 1190064042008, 1190064042009, 1190064042010, 1190064042011, 1190064042012, 1190064042013, 1190064042014, 1190064042015, 1190064042016, 1190064042017, 1190064042018, 1190064042019, 1190064042020, 1190064042021, 1190064042022, 1190064042023, 1190064042024, 1190064042025, 1190064042026, 1190064042027, 1190064042028, 1190064042031, 1190064042032, 1190064042033, 1190064042034, 1190064042045, 1190064042046, 1190064042047, 1190064042048, 1190064042049, 1190064042050, 1190064042051, 1190064043000, 1190064043001, 1190064043002, 1190064043003, 1190064043007, 1190064043064, 1190064091057, 1190064091058; VTD 206, VTD 208, VTD 240, VTD 242.

District 38: Mecklenburg County: VTD 026, VTD 107.1, VTD 126, VTD 127: Block(s) 1190064043004, 1190064043005, 1190064043006, 1190064043008, 1190064043009, 1190064043010, 1190064043011, 1190064043012, 1190064043013, 1190064043014, 1190064043015, 1190064043016, 1190064043017, 1190064043019, 1190064043020, 1190064043021, 1190064043022, 1190064043023, 1190064043024, 1190064043025, 1190064043026, 1190064043027, 1190064043028, 1190064043029, 1190064043030, 1190064043031, 1190064043032, 1190064043033, 1190064043034, 1190064043035, 1190064043036, 1190064043037, 1190064043038, 1190064043039, 1190064043040, 1190064043041, 1190064043042, 1190064043043, 1190064043044, 1190064043045, 1190064043046, 1190064043047, 1190064043048, 1190064043049, 1190064043050, 1190064043051, 1190064043052, 1190064043053, 1190064043054, 1190064043055, 1190064043056, 1190064043057, 1190064043058, 1190064043059, 1190064043060, 1190064043061, 1190064043062, 1190064043063, 1190064043065, 1190064043066, 1190064043067, 1190064043068, 1190064043069; VTD 128, VTD 133, VTD 134, VTD 135, VTD 142, VTD 143, VTD 145, VTD 146, VTD 151, VTD 202, VTD 207, VTD 209, VTD 211, VTD 212, VTD 213, VTD 214, VTD 223.1, VTD 238.1, VTD 239, VTD 241.

District 39: Mecklenburg County: VTD 009, VTD 010, VTD 019, VTD 020, VTD 021, VTD 037, VTD 038, VTD 039, VTD 049, VTD 050, VTD 051, VTD 052, VTD 057, VTD 058, VTD 059, VTD 072, VTD 073, VTD 077, VTD 087, VTD 088, VTD 097, VTD 098, VTD 111, VTD 120, VTD 122, VTD 129, VTD 138, VTD 147, VTD 148, VTD 200, VTD 225, VTD 228, VTD 229, VTD 230, VTD 231, VTD 243, VTD 78.1.

District 40: Mecklenburg County: VTD 003, VTD 004, VTD 005, VTD 006, VTD 033, VTD 034, VTD 043, VTD 045, VTD 060, VTD 061, VTD 062, VTD 063, VTD 064, VTD 065, VTD 068, VTD 083, VTD 084, VTD 085, VTD 094, VTD 095, VTD 096, VTD 099, VTD 102, VTD 104, VTD 105, VTD 106, VTD 108, VTD 115, VTD 116, VTD 117, VTD 119, VTD 123, VTD 124, VTD 125, VTD 130, VTD 132, VTD 141, VTD 149, VTD 201, VTD 203, VTD 204.1, VTD 205, VTD 237.

District 41: Mecklenburg County: VTD 001, VTD 002, VTD 007, VTD 011, VTD 012, VTD 013, VTD 014, VTD 015, VTD 016, VTD 017, VTD 022, VTD 023, VTD 024, VTD 025, VTD 027, VTD 028, VTD 029, VTD 030, VTD 031, VTD 035, VTD 036, VTD 040, VTD 041, VTD 042, VTD 044, VTD 046, VTD 047, VTD 053, VTD 054, VTD 055, VTD 056, VTD 066, VTD 067, VTD 079, VTD 080, VTD 081, VTD 082, VTD 089, VTD 109, VTD 150, VTD 210, VTD 222, VTD 224.

District 42: Mecklenburg County: VTD 008, VTD 018, VTD 032, VTD 048, VTD 069, VTD 070, VTD 071, VTD 074, VTD 075, VTD 076, VTD 086, VTD 090, VTD 091, VTD 092, VTD 093, VTD 100, VTD 101, VTD 103, VTD 110, VTD 112, VTD 113, VTD 114, VTD 118, VTD 121, VTD 131, VTD 136, VTD 137, VTD 139.1, VTD 140, VTD 144, VTD 215, VTD 216, VTD 217, VTD 218, VTD 219, VTD 220, VTD 221, VTD 226, VTD 227, VTD 232, VTD 233, VTD 234, VTD 235, VTD 236.

District 43: Gaston County: VTD 001, VTD 002, VTD 003, VTD 004, VTD 005, VTD 006, VTD 007, VTD 008, VTD 009, VTD 010, VTD 011, VTD 012, VTD 013, VTD 014, VTD 015, VTD 016, VTD 017, VTD 018, VTD 019, VTD 020, VTD 021, VTD 022, VTD 023, VTD 024, VTD 025, VTD 026, VTD 027, VTD 028, VTD 029, VTD 030, VTD 031, VTD 032, VTD 038, VTD 039, VTD 040, VTD 041, VTD 042, VTD 043, VTD 044, VTD 045, VTD 046.

District 44: Cleveland County, Gaston County: VTD 033, VTD 034, VTD 035, VTD 036, VTD 037; Lincoln County.

District 45: Caldwell County: VTD PR01, VTD PR02, VTD PR14, VTD PR17, VTD PR21, VTD PR22, VTD PR24, VTD PR25, VTD PR29, VTD PR30, VTD PR33, VTD PR34, VTD PR35; Catawba County.

District 46: Buncombe County: VTD 32.1, VTD 33.2, VTD 33.3, VTD 34.1, VTD 35.1, VTD 36.1, VTD 37.1, VTD 38.2, VTD 39.2, VTD 40.2, VTD 41.1, VTD 47.1, VTD 49.1, VTD 50.1, VTD 51.2, VTD 52.1, VTD 53.1, VTD 63.1, VTD 68.1; Burke County, McDowell County.

District 47: Alleghany County, Ashe County, Avery County, Caldwell County: VTD PR07, VTD PR08, VTD PR13, VTD PR16, VTD PR18, VTD PR31, VTD PR32; Haywood County: VTD BE-1, VTD BE-2, VTD BE-3, VTD BE-4, VTD CL-N, VTD CL-S, VTD CR, VTD FC-1; Madison County, Mitchell County, Watauga County, Yancey County.

District 48: Henderson County, Polk County, Rutherford County.

District 49: Buncombe County: VTD 1.1, VTD 10.1, VTD 11.1, VTD 12.1, VTD 13.1, VTD 14.2, VTD 14.3, VTD 15.1, VTD 16.2, VTD 17.1, VTD 18.2, VTD 19.1, VTD 2.1, VTD 20.1, VTD 21.1, VTD 22.2, VTD 23.2, VTD 23.3, VTD 24.1, VTD 25.1, VTD 26.1, VTD 27.2, VTD 28.1, VTD 29.2, VTD 3.1, VTD 30.2, VTD 30.3, VTD 31.1, VTD 38.3, VTD 39.3, VTD 4.1, VTD 42.1, VTD 43.2, VTD 44.1, VTD 45.1, VTD 46.1, VTD 48.1, VTD 5.1, VTD 54.2, VTD 55.1, VTD 56.2, VTD 57.1, VTD 58.1, VTD 59.1, VTD 6.1, VTD 60.2, VTD 60.4, VTD 61.1, VTD 62.1, VTD 64.1, VTD 65.1, VTD 66.1, VTD 67.1, VTD 69.1, VTD 7.1, VTD 70.1, VTD 71.1, VTD 8.2, VTD 8.3, VTD 9.1.

District 50: Cherokee County, Clay County, Graham County, Haywood County: VTD AC, VTD BC, VTD BE-7, VTD BE56, VTD CE, VTD EF, VTD FC-2, VTD HA, VTD ID, VTD IH, VTD JC, VTD LJ, VTD P, VTD PC, VTD SA, VTD WC, VTD WE, VTD WO, VTD WS-1, VTD WS-2, VTD WW; Jackson County, Macon County, Swain County, Transylvania County.

(b) The names and boundaries of voting tabulation districts and blocks specified in this section are as shown on the Census Redistricting Data P.L. 94-171 TIGER/Line Shapefiles associated with the most recent federal decennial census.

(c) If any voting tabulation district boundary is changed, that change shall not change the boundary of a Senate district, which shall remain the same as it is depicted by the Census Redistricting Data P.L. 94-171 TIGER/Line Shapefiles associated with the most recent federal decennial census.

(d) Repealed by Session Laws 2011-413, s. 2, effective November 7, 2011, and applicable to elections held on or after January 1, 2012.

(e) The Legislative Services Officer shall certify a true copy of the block assignment file associated with any mapping software used to generate the language in subsection (a) of this section. The certified true copy of the block assignment file shall be delivered by the Legislative Services Officer to the Principal Clerk of the Senate. If any area within North Carolina is not assigned to a specific district by subsection (a) of this section, the certified true copy of the block assignment file delivered to the Principal Clerk of the Senate shall control. (Code, s. 2844; Rev., s. 4398; 1911, c. 150; C.S., s. 6087; 1921, c. 161; 1941, c. 225; 1963, Ex. Sess., c. 1; 1966, Ex. Sess., c. 1, s. 1; 1971, c. 1177; 1981, c. 821; 1982, Ex. Sess., c. 5; 1982, 2nd Ex. Sess., c. 2; 1984, Ex. Sess., c. 4, ss. 1-3; c. 5, ss. 1-4; 1991, c. 676, s. 1; 1991, Ex. Sess., c. 4, ss. 1, 2; 2001-458, ss. 1, 2; 2001-487, s. 121.5; 2002-1, Ex. Sess., s. 3.1; 2003-434, 1st Ex. Sess., ss. 3, 4; 2011-402, s. 1; 2011-413, s. 2; 2017-207, s. 1; 2019-219, s. 1; 2021-173, s. 1; 2022-2, s. 1; 2023-146, s. 1.)

§ 120-2.  House apportionment specified.

(a) For the purpose of nominating and electing members of the North Carolina House of Representatives, the State of North Carolina shall be divided into the following districts with each district electing one Representative:

District 1: Chowan County, Currituck County, Dare County: VTD COL, VTD DUCK, VTD EL, VTD KTHK, VTD MH, VTD SOSH, VTD STPT; Perquimans County, Tyrrell County, Washington County.

District 2: Durham County: VTD 023, VTD 025, VTD 026, VTD 028, VTD 029, VTD 044, VTD 045, VTD 046; Person County.

District 3: Craven County: VTD 002: Block(s) 0499611012002, 0499611012019, 0499611012020, 0499611012021, 0499611012022, 0499611012023, 0499611012024, 0499611012025, 0499611012026, 0499611012027, 0499611012028, 0499611012029, 0499611012030, 0499611012031, 0499611012032, 0499611012033, 0499611012034, 0499611012035, 0499611012036, 0499611012037, 0499611021000, 0499611021001, 0499611021002, 0499611021003, 0499611021004, 0499611021005, 0499611021006, 0499611021007, 0499611021008, 0499611021009, 0499611021010, 0499611021011, 0499611021012, 0499611021013, 0499611021015, 0499611021016, 0499611021017, 0499611021018, 0499611021019, 0499611021020, 0499611021021, 0499611021022, 0499611021026, 0499611021027, 0499611022013, 0499611022014, 0499611022015, 0499611022016, 0499611022017, 0499611022018, 0499611022020, 0499611022023, 0499611022024, 0499611022025, 0499611022026, 0499611022027, 0499611022029, 0499611022030, 0499611022031, 0499611022032, 0499611022033, 0499611022035, 0499611022036, 0499611022037, 0499611022038, 0499611022041, 0499611022042, 0499611022043, 0499611022044, 0499611022045, 0499611022046, 0499611022047, 0499611022048, 0499611022049, 0499611022051, 0499611022052, 0499611022053, 0499611022054, 0499611022055, 0499611022056, 0499611022057, 0499611022058, 0499611022061, 0499611022062, 0499611022063, 0499611022064, 0499611022065, 0499611022066, 0499611022067, 0499611022068, 0499611022069, 0499611022070, 0499611022071, 0499611022072, 0499611022073, 0499611022074, 0499611022075, 0499611022076, 0499611022077, 0499611022078, 0499611022079, 0499611022080, 0499611022083, 0499611022086, 0499611022089, 0499612011000, 0499612011001, 0499612011002, 0499612011003, 0499612011004, 0499612011005, 0499612011017, 0499612011018, 0499612011019, 0499612011020, 0499612011022, 0499612011023, 0499612011024, 0499612011025, 0499612011026, 0499612011027, 0499612011028, 0499612011030, 0499612011031, 0499612011032, 0499612011033, 0499612011034, 0499612011035, 0499612011036, 0499612011037, 0499612011038, 0499612011039, 0499612011040, 0499612011041, 0499612011042, 0499612011043, 0499612011044, 0499612011045, 0499612013003, 0499612013004, 0499612013005, 0499612013006, 0499612013007, 0499612013008, 0499612013009, 0499612013010, 0499612013011, 0499612013012, 0499612013014, 0499612013015, 0499612013016, 0499612013017, 0499612021000, 0499612021001, 0499612021002, 0499612021003, 0499612021004, 0499612021005, 0499612021006, 0499612021007, 0499612021008, 0499612021010, 0499612021011, 0499612021012, 0499612021013, 0499612021014, 0499612021015, 0499612021016, 0499612021017, 0499612021018, 0499612021019, 0499612021020, 0499612021021, 0499612021022, 0499612021023, 0499612021024, 0499612021035, 0499612021104, 0499613011011, 0499613011019, 0499613011020, 0499613011021, 0499613011022, 0499613011023; VTD 003, VTD 005, VTD 007, VTD 011, VTD 016, VTD 017, VTD 020, VTD 021, VTD 023, VTD CFB8, VTD CLR4, VTD DFB9, VTD N1, VTD N2, VTD N3N5, VTD N4, VTD N6, VTD TE13, VTD VE14.

District 4: Duplin County, Wayne County: VTD 015: Block(s) 1910004011023, 1910004013000, 1910004013001, 1910004013002, 1910004013003, 1910004013004, 1910004013005, 1910004013006, 1910004013007, 1910004013008, 1910004013009, 1910004013010, 1910004013011, 1910004013012, 1910004013013, 1910004013014, 1910004013015, 1910004013016, 1910004013017, 1910004013018, 1910004013019, 1910004013020, 1910004013021, 1910004013022, 1910004013023, 1910004013024, 1910004014013, 1910004023000, 1910004023001, 1910004023002, 1910004023003, 1910004023004, 1910004023005, 1910004023006, 1910004023007, 1910004023008, 1910004023009, 1910004023010, 1910004023011, 1910004023012, 1910004023013, 1910004023014, 1910004023015, 1910004023017, 1910004023018, 1910004023024, 1910006032004, 1910006041000, 1910006041001, 1910006041002, 1910006041003, 1910006041004, 1910006041005, 1910006041006, 1910006041007, 1910006041008, 1910006041009, 1910006041010, 1910006041011, 1910006041012, 1910006041013, 1910006041014, 1910006041015, 1910006041016, 1910006041017, 1910006041018, 1910006041019, 1910006041020, 1910006041021, 1910006041022, 1910006041023, 1910006042000, 1910006042001, 1910006042002, 1910006042008, 1910006042009, 1910006043000, 1910006043001, 1910006043002, 1910006043003, 1910006043004, 1910006043005, 1910006043006, 1910006043007, 1910006043008, 1910006043009, 1910006043010, 1910006043011, 1910006043012, 1910006043013, 1910006043014, 1910006043015, 1910006043016, 1910006043017, 1910006043018, 1910006043019, 1910006043020, 1910006043021, 1910006043022, 1910006043023, 1910006043024, 1910006043025, 1910006043026, 1910006043027, 1910006043028, 1910006043029, 1910006043030, 1910006043031, 1910006043032, 1910006043033, 1910006043034, 1910006043035, 1910006043036, 1910006043037, 1910006043038, 1910006043039, 1910006043040, 1910006043041; VTD 016, VTD 017, VTD 024, VTD 026, VTD 027, VTD 028, VTD 2530.

District 5: Camden County, Gates County, Hertford County, Pasquotank County.

District 6: Harnett County: VTD PR01, VTD PR07, VTD PR16, VTD PR20, VTD PR23, VTD PR26, VTD PR28, VTD PR31.

District 7: Franklin County, Vance County: VTD CC, VTD KITT, VTD SCRK.

District 8: Pitt County: VTD 101, VTD 1501, VTD 1503, VTD 1504A, VTD 1504B, VTD 1505A, VTD 1505B, VTD 1506, VTD 1507, VTD 1507B, VTD 1508A, VTD 1508B, VTD 1509, VTD 1512A, VTD 301, VTD 401, VTD 701, VTD 800A, VTD 800B, VTD 901.

District 9: Pitt County: VTD 1001, VTD 1101, VTD 1102A, VTD 1102B, VTD 1201, VTD 1301, VTD 1403A1, VTD 1403A2, VTD 1403B, VTD 1510A, VTD 1510B, VTD 1511A, VTD 1511B, VTD 1512B, VTD 1513A, VTD 1513B, VTD 200A, VTD 200B, VTD 501, VTD 601.

District 10: Wayne County: VTD 001, VTD 002, VTD 003, VTD 004, VTD 005, VTD 006, VTD 007, VTD 008, VTD 009, VTD 010, VTD 011, VTD 012, VTD 013, VTD 014, VTD 015: Block(s) 1910003022018, 1910003022019, 1910003022020, 1910003022021, 1910003022022, 1910003022025, 1910003022026, 1910003022027, 1910003022028, 1910003022029, 1910003022030, 1910003022031, 1910003022032, 1910003022036, 1910003022037, 1910003022040, 1910003022041, 1910003022042, 1910003022046, 1910004011009, 1910004011010, 1910004011011, 1910004011012, 1910004011013, 1910004011014, 1910004011015, 1910004011016, 1910004011017, 1910004011018, 1910004011019, 1910004011020, 1910004011021, 1910004011022, 1910004011024, 1910004011025, 1910004014011; VTD 018, VTD 021, VTD 022, VTD 023, VTD 029, VTD 1920.

District 11: Wake County: VTD 01-32, VTD 01-48, VTD 01-49, VTD 04-01, VTD 04-02, VTD 04-03, VTD 04-04, VTD 04-06, VTD 04-07, VTD 04-10, VTD 04-11, VTD 04-12, VTD 04-13, VTD 04-14, VTD 04-15, VTD 04-16, VTD 04-19, VTD 04-20, VTD 18-03, VTD 18-08, VTD 20-03.

District 12: Greene County, Jones County, Lenoir County.

District 13: Carteret County, Craven County: VTD 002: Block(s) 0499611021014, 0499611021023, 0499611021024, 0499611021025, 0499611022059, 0499611022060, 0499611022081, 0499611022082, 0499611022084, 0499611022085, 0499611022087, 0499611022088, 0499612011006, 0499612011007, 0499612011008, 0499612011009, 0499612011010, 0499612011011, 0499612011012, 0499612011013, 0499612011014, 0499612011015, 0499612011016, 0499612011021, 0499612011029, 0499612012000, 0499612012001, 0499612012002, 0499612012003, 0499612012004, 0499612012005, 0499612012006, 0499612012007, 0499612012008, 0499612012009, 0499612012010, 0499612012011, 0499612012012, 0499612012013, 0499612012014, 0499612012015, 0499612012016, 0499612012017, 0499612012018, 0499612012019, 0499612012020, 0499612012021, 0499612012022, 0499612012023, 0499612012024, 0499612012025, 0499612012026, 0499612012027, 0499612012028, 0499612012029, 0499612012030, 0499612012031, 0499612012032, 0499612012033, 0499612012034, 0499612012035, 0499612012036, 0499612012037, 0499612012038, 0499612012039, 0499612012040, 0499612012041, 0499612012042, 0499612012043, 0499612013000, 0499612013001, 0499612013002, 0499612013013, 0499612013018, 0499612013019, 0499612013020, 0499612013021, 0499612021009, 0499612021025, 0499612021026, 0499612021027, 0499612021028, 0499612021029, 0499612021030, 0499612021031, 0499612021032, 0499612021033, 0499612021034, 0499612021036, 0499612021037, 0499612021038, 0499612021039, 0499612021040, 0499612021041, 0499612021042, 0499612021043, 0499612021044, 0499612021045, 0499612021046, 0499612021047, 0499612021048, 0499612021049, 0499612021050, 0499612021051, 0499612021052, 0499612021053, 0499612021054, 0499612021055, 0499612021056, 0499612021057, 0499612021058, 0499612021059, 0499612021060, 0499612021061, 0499612021062, 0499612021063, 0499612021064, 0499612021065, 0499612021066, 0499612021067, 0499612021068, 0499612021069, 0499612021070, 0499612021071, 0499612021072, 0499612021073, 0499612021074, 0499612021075, 0499612021076, 0499612021077, 0499612021078, 0499612021079, 0499612021080, 0499612021081, 0499612021082, 0499612021083, 0499612021084, 0499612021085, 0499612021086, 0499612021087, 0499612021088, 0499612021089, 0499612021090, 0499612021091, 0499612021092, 0499612021093, 0499612021094, 0499612021095, 0499612021099, 0499612021100, 0499612021101, 0499612021102, 0499612021103, 0499612021105, 0499613011000, 0499613011001, 0499613011002, 0499613011003, 0499613011004, 0499613011005, 0499613011006, 0499613011007, 0499613011008, 0499613011009, 0499613011010, 0499613011012, 0499613011013, 0499613011014, 0499613011015, 0499613011016, 0499613011017, 0499613011018, 0499613011024, 0499613011025, 0499613012000, 0499613012001, 0499613012002, 0499613012003, 0499613012004, 0499613012005, 0499613012006, 0499613012007, 0499613012008, 0499613012009, 0499613012010, 0499613012011, 0499613012012, 0499613012013, 0499613012014, 0499613012015, 0499613012016, 0499613012017, 0499613012018, 0499613012019, 0499613012020, 0499613012021, 0499613012022, 0499613012023, 0499613012024, 0499613012025, 0499613012026, 0499613012027, 0499613012028, 0499613012029, 0499613012030, 0499613012031, 0499613012032, 0499613012033, 0499613012034, 0499613012035, 0499613012036, 0499613012037, 0499613012038, 0499613012039, 0499613012040, 0499613012041, 0499613012042, 0499613012043, 0499613012044, 0499613012045, 0499613013000, 0499613013001, 0499613013002, 0499613013003, 0499613013004, 0499613013005, 0499613013006, 0499613013007, 0499613013008, 0499613013009, 0499613013010, 0499613013011, 0499613013012, 0499613013013, 0499613013014, 0499613013015, 0499613013016, 0499613013017, 0499613013018, 0499613013019, 0499613013020, 0499613013021, 0499613013022, 0499613013023, 0499613013024, 0499613013025, 0499613013026, 0499613013027, 0499613013028, 0499613013029, 0499613013030, 0499613021004, 0499613021005, 0499613021006, 0499613021007, 0499613021008, 0499613021009, 0499613021010, 0499613021011, 0499613021012, 0499613021013, 0499613021014, 0499613021015, 0499613021016, 0499613021017, 0499613021019, 0499613021020, 0499613021021, 0499613021022, 0499613021023, 0499613022000, 0499613022001, 0499613022002, 0499613022003, 0499613022004, 0499613022005, 0499613022006, 0499613022007, 0499613022008, 0499613022009, 0499613022010, 0499613022011, 0499613022012, 0499613022013, 0499613022014, 0499613022015, 0499613022016, 0499613023000, 0499613023001, 0499613023002, 0499613023003, 0499613023004, 0499613023005, 0499613023006, 0499613023007, 0499613023008, 0499613023009, 0499613023010, 0499613023011, 0499613023012, 0499613023013, 0499613023014, 0499613023015, 0499613023016, 0499613023017, 0499613023018, 0499613023019, 0499613032044, 0499613032045, 0499613032046; VTD 019.

District 14: Onslow County: VTD BC21, VTD BM08, VTD HU20, VTD JA01, VTD ML23, VTD MT24, VTD NE22A, VTD NR02, VTD SW19.

District 15: Onslow County: VTD CL10, VTD CR07, VTD EN03, VTD GB12, VTD HM05, VTD NE22B, VTD NM13, VTD RL09, VTD TL06, VTD VR15, VTD WN04.

District 16: Onslow County: VTD FS16, VTD HN14, VTD HR17, VTD SF18; Pender County.

District 17: Brunswick County: VTD 001, VTD 002, VTD 003, VTD 005, VTD 011, VTD 012: Block(s) 0190204042002, 0190204042003, 0190204042004, 0190204042005, 0190204042006, 0190204042007, 0190204042008, 0190204042009, 0190204042010, 0190204042011, 0190204042012, 0190204042013, 0190204042014, 0190204042015, 0190204042016, 0190204042017; VTD 013, VTD 014, VTD 015, VTD 016, VTD 017, VTD 018, VTD 019, VTD 04A, VTD 4B2.

District 18: New Hanover County: VTD H04, VTD M03, VTD W03, VTD W08, VTD W12, VTD W13, VTD W15, VTD W16, VTD W17, VTD W21, VTD W24, VTD W25, VTD W26, VTD W27, VTD W28, VTD W29, VTD W30, VTD W31.

District 19: Brunswick County: VTD 006, VTD 007, VTD 008, VTD 009, VTD 012: Block(s) 0190203081034, 0190204042018, 0190204043000, 0190204043001, 0190204043002, 0190204043003, 0190204043004, 0190204043005, 0190204043006, 0190204043007, 0190204043008, 0190204043009, 0190204043010, 0190204043011, 0190204043012, 0190204043013, 0190204043014, 0190204043015, 0190204043016, 0190204043017, 0190204043018, 0190204043019, 0190204051022, 0190204051023, 0190204051024, 0190204052000, 0190204052001, 0190204052002, 0190204052003, 0190204052004, 0190204052005, 0190204052006, 0190204052007, 0190204052008, 0190204052009, 0190204052010, 0190204052011, 0190204052013, 0190204052015, 0190204052016, 0190204052017, 0190204052018, 0190204053018, 0190204053019, 0190204053020, 0190204053021, 0190204053022, 0190204053023, 0190204053024, 0190204053025, 0190204053026, 0190204053027, 0190204053028, 0190204053029, 0190204053030, 0190204053031, 0190204053032, 0190204053033, 0190204053034, 0190204053035, 0190204053036, 0190204063000, 0190204071000, 0190204071001, 0190204071002, 0190204071003, 0190204071004, 0190204071005, 0190204071006, 0190204071007, 0190204071008, 0190204071009, 0190204071010, 0190204071011, 0190204071012, 0190204071013, 0190204071014, 0190204071015, 0190204071016, 0190204071017, 0190204071018, 0190204071019, 0190204071020, 0190204071021, 0190204071022, 0190204071023, 0190204071024, 0190204071025, 0190204071026, 0190204071027, 0190204071028, 0190204071029, 0190204071030, 0190204071031; VTD 020, VTD 021, VTD 022, VTD 023, VTD 10A, VTD 10B; New Hanover County: VTD FP03, VTD FP04, VTD FP06, VTD FP07, VTD FP08, VTD M04, VTD M06, VTD M07.

District 20: New Hanover County: VTD CF01, VTD CF02, VTD CF05, VTD CF06, VTD H01, VTD H02, VTD H03, VTD H05, VTD H06, VTD H08, VTD H10, VTD H11, VTD H12, VTD H13, VTD M02, VTD W18, VTD WB.

District 21: Wake County: VTD 03-00, VTD 20-04, VTD 20-06A, VTD 20-06B, VTD 20-08, VTD 20-11, VTD 20-12, VTD 20-14, VTD 20-15, VTD 20-16.

District 22: Bladen County, Sampson County.

District 23: Bertie County, Edgecombe County, Martin County.

District 24: Nash County: VTD P24A; Wilson County.

District 25: Nash County: VTD P01A, VTD P02A, VTD P03A, VTD P04A, VTD P05A, VTD P06A, VTD P07A, VTD P08A, VTD P09A, VTD P10A, VTD P11A, VTD P12A, VTD P13A, VTD P14A, VTD P15A, VTD P16A, VTD P17A, VTD P18A, VTD P19A, VTD P20A, VTD P21A, VTD P22A, VTD P23A.

District 26: Johnston County: VTD PR09, VTD PR10A, VTD PR10B, VTD PR11A, VTD PR11B, VTD PR12B, VTD PR20, VTD PR21, VTD PR29A, VTD PR29B, VTD PR32, VTD PR34.

District 27: Halifax County, Northampton County, Warren County.

District 28: Johnston County: VTD PR04, VTD PR07, VTD PR08, VTD PR13, VTD PR14, VTD PR19, VTD PR22, VTD PR24, VTD PR25, VTD PR26, VTD PR27A, VTD PR27B, VTD PR28, VTD PR30, VTD PR35, VTD PR36, VTD PR37, VTD PR38.

District 29: Durham County: VTD 009, VTD 016, VTD 027, VTD 036, VTD 038, VTD 039, VTD 041, VTD 042, VTD 048, VTD 051, VTD 054, VTD 34-1, VTD 34-2, VTD 35.3, VTD 53-1, VTD 53-2.

District 30: Durham County: VTD 001, VTD 002, VTD 003, VTD 004, VTD 005, VTD 006, VTD 007, VTD 008, VTD 017, VTD 019, VTD 020, VTD 021, VTD 022, VTD 024, VTD 037, VTD 040, VTD 043, VTD 050.

District 31: Durham County: VTD 010, VTD 012, VTD 013, VTD 014, VTD 015, VTD 018, VTD 031, VTD 032, VTD 033, VTD 047, VTD 052, VTD 055-11, VTD 055-49, VTD 30-1, VTD 30-2.

District 32: Granville County, Vance County: VTD EH1, VTD HTOP, VTD MIDD, VTD NH, VTD NH1, VTD NV, VTD SH1, VTD SH2, VTD WH.

District 33: Wake County: VTD 01-22, VTD 01-50, VTD 16-01, VTD 16-02, VTD 16-03, VTD 16-04, VTD 16-05, VTD 16-06, VTD 16-07, VTD 16-09, VTD 16-10, VTD 16-11, VTD 17-09, VTD 18-04, VTD 18-06.

District 34: Wake County: VTD 01-05, VTD 01-06, VTD 01-09, VTD 01-10, VTD 01-11, VTD 01-12, VTD 01-15, VTD 01-17, VTD 01-18, VTD 01-30, VTD 01-36, VTD 01-37, VTD 01-38, VTD 01-39, VTD 01-42, VTD 01-43, VTD 01-44, VTD 01-45, VTD 01-46, VTD 01-47, VTD 01-51, VTD 07-03, VTD 07-04, VTD 07-09, VTD 13-02, VTD 13-05.

District 35: Wake County: VTD 02-02, VTD 02-03, VTD 02-04, VTD 02-06, VTD 09-01, VTD 10-01, VTD 14-01, VTD 14-02, VTD 19-03, VTD 19-05, VTD 19-07, VTD 19-09, VTD 19-12: Block(s) 1830542062000, 1830542062004, 1830542063000, 1830542063011, 1830542063012, 1830542063023, 1830542063024, 1830542191000, 1830542191001, 1830542191002, 1830542191003, 1830542191004, 1830542191005, 1830542191006, 1830542191007, 1830542191008, 1830542191009, 1830542191010, 1830542191011, 1830542191012, 1830542191013, 1830542191014, 1830542191015, 1830542191016, 1830542191017, 1830542191018, 1830542191019, 1830542191020, 1830542191021, 1830542191022, 1830542192000, 1830542192001, 1830542192002, 1830542192003, 1830542192004, 1830542192005, 1830542192006, 1830542192007, 1830542192008, 1830542192009, 1830542192010, 1830542192011, 1830542192012, 1830542192013, 1830542192014, 1830542192015, 1830542192016, 1830542192017, 1830542192018, 1830542192019, 1830542192020, 1830542192021, 1830542192022, 1830542192023, 1830542192024, 1830542192025, 1830542192026, 1830542192027, 1830542192028, 1830542192029, 1830542192030, 1830542192031, 1830542192032, 1830542192033, 1830542192034, 1830542192035, 1830542192036, 1830542192037, 1830542192038, 1830542192039, 1830542192040, 1830542192041, 1830542192042, 1830542192043, 1830542192044, 1830542192045, 1830542192046, 1830542192047, 1830542192048, 1830542192049, 1830542192050, 1830542192051, 1830542201000, 1830542201001, 1830542201002, 1830542201003, 1830542201004, 1830542201005, 1830542201006, 1830542201007, 1830542201008, 1830542201009, 1830542201010, 1830542201011, 1830542201012, 1830542201013, 1830542201014, 1830542201015, 1830542201016, 1830542201018, 1830542201019, 1830542201020, 1830542201021, 1830542201022, 1830542201023, 1830542201024, 1830542201025, 1830542201026, 1830542201027, 1830542201028, 1830542201034, 1830542202000, 1830542202001, 1830542202002, 1830542202003, 1830542202010, 1830542202011, 1830542212000, 1830542212001, 1830542212002, 1830542212003, 1830542212004, 1830542212005, 1830542212006, 1830542212007, 1830542224000, 1830542242004, 1830542242012, 1830542242013, 1830542242014, 1830542242015, 1830542242016, 1830542242017, 1830542242018, 1830542242019, 1830542243000, 1830542243001, 1830542243002, 1830542243003, 1830542243004, 1830542243005, 1830542243006, 1830542243007, 1830542243008, 1830542243009, 1830542243012, 1830542243013, 1830542243014, 1830542243015, 1830542243016, 1830542243017, 1830542243018, 1830542243019, 1830542243020, 1830542243021, 1830542243022, 1830542243023, 1830542243024, 1830542243025, 1830542243026, 1830542243027; VTD 19-18, VTD 19-19.

District 36: Wake County: VTD 06-04, VTD 06-06, VTD 06-07, VTD 06-08, VTD 06-09, VTD 12-05, VTD 18-02, VTD 18-05, VTD 18-07, VTD 20-01, VTD 20-05, VTD 20-09.

District 37: Wake County: VTD 06-05, VTD 06-10, VTD 12-01, VTD 12-02, VTD 12-04, VTD 12-06, VTD 12-07, VTD 12-08, VTD 12-09, VTD 15-01, VTD 15-02, VTD 15-03, VTD 15-04.

District 38: Wake County: VTD 01-13, VTD 01-14, VTD 01-19, VTD 01-20, VTD 01-21, VTD 01-25, VTD 01-26, VTD 01-27, VTD 01-28, VTD 01-34, VTD 01-35, VTD 01-40, VTD 17-01, VTD 17-05, VTD 17-07, VTD 17-10, VTD 17-11.

District 39: Wake County: VTD 09-02, VTD 09-03, VTD 10-02, VTD 10-03, VTD 10-04, VTD 17-02, VTD 17-03, VTD 17-04, VTD 17-06, VTD 17-12, VTD 17-13, VTD 19-16.

District 40: Wake County: VTD 02-01, VTD 02-05, VTD 07-01, VTD 07-02, VTD 07-05, VTD 07-06, VTD 07-07, VTD 07-10, VTD 07-11, VTD 07-12, VTD 07-13, VTD 08-02, VTD 08-03, VTD 08-04, VTD 08-05, VTD 08-06, VTD 08-07, VTD 08-08, VTD 08-09, VTD 08-10, VTD 08-11.

District 41: Wake County: VTD 04-08, VTD 04-09, VTD 04-17, VTD 04-18, VTD 05-01, VTD 05-03, VTD 05-05, VTD 05-06, VTD 05-07, VTD 05-08, VTD 20-10, VTD 20-17.

District 42: Cumberland County: VTD CC05, VTD CC16, VTD CC27, VTD CL57-1, VTD CL57-2, VTD G11B, VTD G2A, VTD G2E-1, VTD G5B-1, VTD LR63, VTD MB62, VTD SL78-3.

District 43: Cumberland County: VTD AL51, VTD EO61-1, VTD EO61-2, VTD G1A, VTD G1B, VTD G2B, VTD G2C-1, VTD G2C-2, VTD G2D, VTD G3A-2, VTD G3B, VTD G3C, VTD G6A, VTD G6B, VTD G6C, VTD G7A, VTD G7B, VTD G9B-2, VTD LI65, VTD SH77.

District 44: Cumberland County: VTD CC01, VTD CC03, VTD CC04, VTD CC06, VTD CC07, VTD CC08, VTD CC10, VTD CC12, VTD CC13, VTD CC14, VTD CC15, VTD CC17, VTD CC18, VTD CC19, VTD CC21, VTD CC24, VTD CC25, VTD CC26, VTD CC29, VTD CC31, VTD CC32, VTD CC33, VTD CC34, VTD G2E-2, VTD G4A, VTD G4B, VTD MR02.

District 45: Cumberland County: VTD AH49, VTD CU02, VTD G10A, VTD G10B, VTD G10C, VTD G3A-1, VTD G4C, VTD G5A-1, VTD G5A-2, VTD G5B-2, VTD G5C, VTD G8A, VTD G8B, VTD G8C, VTD G8D, VTD G9A, VTD G9B-1.

District 46: Columbus County, Robeson County: VTD 003, VTD 008, VTD 009, VTD 010, VTD 020, VTD 021, VTD 028, VTD 033, VTD 037, VTD 041, VTD 32A.

District 47: Robeson County: VTD 001, VTD 002, VTD 004, VTD 007, VTD 011, VTD 012, VTD 013, VTD 014, VTD 015, VTD 016, VTD 017, VTD 019, VTD 022, VTD 023, VTD 024, VTD 025, VTD 029, VTD 030, VTD 034, VTD 035, VTD 036, VTD 038, VTD 039, VTD 040, VTD 05A, VTD 11A, VTD 18A, VTD 26A.

District 48: Hoke County, Scotland County.

District 49: Wake County: VTD 01-01, VTD 01-02, VTD 01-03, VTD 01-04, VTD 01-07, VTD 01-16, VTD 01-23, VTD 01-29, VTD 01-31, VTD 01-33, VTD 01-41, VTD 04-05, VTD 04-21, VTD 11-01, VTD 11-02, VTD 18-01.

District 50: Caswell County, Orange County: VTD CA, VTD CG, VTD CP, VTD CS1, VTD CW, VTD CX, VTD EF, VTD ENO, VTD GB, VTD H, VTD HE, VTD OG, VTD PA, VTD SM, VTD TO, VTD WC, VTD WD, VTD WDS, VTD WH.

District 51: Lee County, Moore County: VTD CAM, VTD CAR, VTD LTR, VTD VSS.

District 52: Moore County: VTD EAB, VTD EKWD, VTD EUR-WP, VTD EWD, VTD NSP, VTD PBF, VTD PDN, VTD SSP, VTD WAB, VTD WKWD; Richmond County.

District 53: Harnett County: VTD PR08, VTD PR24, VTD PR25, VTD PR29, VTD PR32; Johnston County: VTD PR12A, VTD PR23A, VTD PR23B, VTD PR31A, VTD PR31B, VTD PR33.

District 54: Chatham County, Randolph County: VTD LB, VTD ST.

District 55: Anson County, Union County: VTD 001, VTD 002, VTD 003, VTD 004, VTD 007, VTD 008, VTD 009, VTD 010, VTD 011, VTD 021, VTD 023, VTD 024, VTD 025, VTD 026, VTD 027, VTD 034, VTD 036, VTD 043.

District 56: Orange County: VTD CB, VTD CF, VTD CH, VTD CO, VTD DA, VTD DM, VTD EA1, VTD EH, VTD ES, VTD GL, VTD HF, VTD KM, VTD LC, VTD NC, VTD NS, VTD OW, VTD RE, VTD RF, VTD SJ, VTD TH, VTD UNC, VTD WW.

District 57: Guilford County: VTD CG2, VTD CG3A, VTD CG3B, VTD G02, VTD G03, VTD G05, VTD G06, VTD G07, VTD G08, VTD G09, VTD G10, VTD G20, VTD G21, VTD G22, VTD G23, VTD G24, VTD G25, VTD G26, VTD G27, VTD G28, VTD G29, VTD G30, VTD G31, VTD G32, VTD G40A1, VTD G40A2, VTD G40B, VTD MON1, VTD MON2A.

District 58: Guilford County: VTD FEN1, VTD FR1, VTD G46, VTD G47, VTD G51, VTD G52, VTD G53, VTD G54, VTD G55, VTD G56, VTD G57, VTD G58, VTD G59, VTD G60, VTD G61, VTD G62, VTD G65, VTD G66, VTD G73, VTD G75, VTD JEF3, VTD SUM1, VTD SUM2, VTD SUM3.

District 59: Guilford County: VTD FEN2, VTD GIB, VTD GR, VTD H06, VTD JAM1, VTD JAM2, VTD JAM3, VTD JAM4, VTD JAM5, VTD JEF1, VTD JEF2, VTD JEF4, VTD MON2B, VTD MON3, VTD NCLAY1, VTD NCLAY2, VTD NMAD, VTD NWASH, VTD PG1, VTD PG2, VTD RC1, VTD RC2, VTD SCLAY, VTD SMAD, VTD SUM4, VTD SWASH.

District 60: Guilford County: VTD FR2, VTD H01, VTD H02, VTD H03, VTD H04, VTD H05, VTD H07, VTD H08, VTD H09, VTD H10, VTD H11, VTD H12, VTD H13, VTD H14, VTD H15, VTD H16, VTD H17, VTD H18, VTD H19A, VTD H19B, VTD H20A, VTD H20B, VTD H21, VTD H22, VTD H26, VTD H27-A, VTD H27-B, VTD H28, VTD H29A, VTD H29B.

District 61: Guilford County: VTD G01, VTD G04, VTD G11, VTD G12, VTD G13, VTD G14, VTD G15, VTD G16, VTD G17, VTD G18, VTD G19, VTD G33, VTD G34, VTD G35, VTD G36, VTD G37, VTD G38, VTD G39, VTD G42B, VTD G44, VTD G45, VTD G48, VTD G49, VTD G50, VTD G63, VTD G67, VTD G68, VTD G69, VTD G70, VTD G71, VTD G72, VTD G74.

District 62: Guilford County: VTD CG1, VTD FR3, VTD FR4, VTD FR5A, VTD FR5B, VTD G41A, VTD G41B, VTD G42A, VTD G43, VTD G64, VTD H23, VTD H24, VTD H25, VTD NCGR1, VTD NCGR2, VTD NDRI, VTD OR1, VTD OR2, VTD SDRI, VTD SF1, VTD SF2, VTD SF3, VTD SF4, VTD STOK.

District 63: Alamance County: VTD 002, VTD 004, VTD 005, VTD 011, VTD 035, VTD 03C, VTD 03N, VTD 03S, VTD 03W, VTD 1210, VTD 124, VTD 125, VTD 126, VTD 127, VTD 128, VTD 129, VTD 12N, VTD 12W, VTD 3N2.

District 64: Alamance County: VTD 001, VTD 007, VTD 013, VTD 063, VTD 064, VTD 06E, VTD 06N, VTD 06S, VTD 06W, VTD 08N, VTD 08S, VTD 09N, VTD 09S, VTD 103, VTD 10N, VTD 10S, VTD 12E, VTD 12S.

District 65: Rockingham County.

District 66: Wake County: VTD 13-01, VTD 13-06, VTD 13-07, VTD 13-08, VTD 13-09, VTD 13-10, VTD 13-11, VTD 19-11, VTD 19-12: Block(s) 1830542201017, 1830542201029, 1830542201030, 1830542201031, 1830542201032, 1830542201033, 1830542202004, 1830542202005, 1830542202006, 1830542202007, 1830542202008, 1830542202009, 1830542202012, 1830542202013, 1830542202014, 1830542202015, 1830542202016, 1830542202017, 1830542202018, 1830542202019, 1830542202020, 1830542202021, 1830542202022, 1830542202023, 1830542202024, 1830542202025, 1830542202026, 1830542202027, 1830542202029, 1830542202030, 1830542202031, 1830542202032, 1830542202033, 1830542202034, 1830542202035, 1830542202036, 1830542202037; VTD 19-13, VTD 19-14, VTD 19-15, VTD 19-17, VTD 19-20, VTD 19-21.

District 67: Montgomery County, Stanly County.

District 68: Union County: VTD 018, VTD 019, VTD 022, VTD 031, VTD 033, VTD 041, VTD 042, VTD 17A, VTD 17B, VTD 20A, VTD 20B, VTD 28A, VTD 28B, VTD 28C, VTD 28D.

District 69: Union County: VTD 005, VTD 006, VTD 012, VTD 013, VTD 014, VTD 015, VTD 016, VTD 030, VTD 032, VTD 035, VTD 039, VTD 040, VTD 29A, VTD 29B, VTD 29C, VTD 37A, VTD 37B, VTD 38A, VTD 38B.

District 70: Randolph County: VTD AE, VTD AN, VTD AR, VTD AS, VTD AW, VTD BC, VTD LC, VTD NM, VTD RN, VTD TB, VTD TR, VTD TT.

District 71: Forsyth County: VTD 122, VTD 405, VTD 501, VTD 502, VTD 503, VTD 504, VTD 601, VTD 602, VTD 603, VTD 604, VTD 605, VTD 606, VTD 607, VTD 701, VTD 702, VTD 703, VTD 704, VTD 705, VTD 706, VTD 707, VTD 708, VTD 709, VTD 806, VTD 808.

District 72: Forsyth County: VTD 201, VTD 203, VTD 204, VTD 205, VTD 206, VTD 301, VTD 302, VTD 303, VTD 304, VTD 305, VTD 306, VTD 401, VTD 402, VTD 403, VTD 404, VTD 801, VTD 802, VTD 803, VTD 804, VTD 805, VTD 809, VTD 901, VTD 902, VTD 903, VTD 904, VTD 905, VTD 906, VTD 907, VTD 909.

District 73: Cabarrus County: VTD 01-08, VTD 02-01, VTD 02-05, VTD 02-06, VTD 02-07, VTD 04-08, VTD 05-00, VTD 06-00, VTD 07-00, VTD 08-00: Block(s) 0250406002012, 0250406002014, 0250406002016, 0250406002019, 0250406002020, 0250406002022, 0250417021000, 0250417021001, 0250417021002, 0250417022029, 0250417022030, 0250417022031, 0250417022033, 0250417022035, 0250417022043; VTD 11-01, VTD 11-02, VTD 12-03, VTD 12-04, VTD 12-05, VTD 12-06, VTD 12-08, VTD 12-10, VTD 12-11, VTD 12-12, VTD 12-13.

District 74: Forsyth County: VTD 032, VTD 051, VTD 052, VTD 053, VTD 054, VTD 055, VTD 071, VTD 072, VTD 073, VTD 074, VTD 075, VTD 091, VTD 092, VTD 101, VTD 123, VTD 131, VTD 132, VTD 133, VTD 807, VTD 908.

District 75: Forsyth County: VTD 011, VTD 012, VTD 013, VTD 014, VTD 015, VTD 021, VTD 042, VTD 043, VTD 061, VTD 062, VTD 063, VTD 064, VTD 065, VTD 066, VTD 067, VTD 068, VTD 505, VTD 506, VTD 507.

District 76: Rowan County: VTD 001, VTD 008, VTD 010, VTD 011, VTD 012, VTD 015, VTD 018, VTD 021, VTD 022, VTD 023, VTD 025, VTD 026, VTD 028, VTD 030, VTD 031, VTD 034, VTD 035, VTD 036, VTD 038, VTD 039, VTD 040, VTD 041, VTD 042, VTD 045, VTD 14A.

District 77: Davie County, Rowan County: VTD 007, VTD 024, VTD 027, VTD 029, VTD 032; Yadkin County.

District 78: Moore County: VTD BEN, VTD DHR, VTD PHA1, VTD PHA2, VTD PHB1, VTD PHB2, VTD PHC, VTD RBN, VTD SLS, VTD TLT, VTD WEM, VTD WND; Randolph County: VTD DR, VTD GR, VTD PR, VTD RM, VTD SE, VTD SO, VTD SW, VTD UG.

District 79: Beaufort County, Dare County: VTD AVON, VTD BUX, VTD CHCA, VTD FRCO, VTD HAT, VTD KDH, VTD MATO, VTD NGHD, VTD WAN; Hyde County, Pamlico County.

District 80: Davidson County: VTD 012, VTD 014, VTD 016, VTD 018, VTD 020, VTD 042, VTD 044, VTD 054, VTD 056, VTD 060, VTD 062, VTD 064, VTD 066, VTD 068, VTD 070, VTD 072, VTD 074, VTD 076, VTD 088, VTD 80A, VTD 86A.

District 81: Davidson County: VTD 004, VTD 006, VTD 008, VTD 010, VTD 022, VTD 024, VTD 026, VTD 028, VTD 030, VTD 032, VTD 034, VTD 036, VTD 038, VTD 040, VTD 046, VTD 048, VTD 050, VTD 052, VTD 058, VTD 078, VTD 082, VTD 084.

District 82: Cabarrus County: VTD 01-02, VTD 01-04, VTD 01-07, VTD 01-10, VTD 01-11, VTD 02-02, VTD 02-03, VTD 02-08, VTD 02-09, VTD 08-00: Block(s) 0250406002013, 0250406002015, 0250406002021, 0250417011000, 0250417011001, 0250417011002, 0250417011003, 0250417011004, 0250417011005, 0250417011006, 0250417011007, 0250417011008, 0250417011009, 0250417011010, 0250417011011, 0250417011012, 0250417011013, 0250417011014, 0250417011015, 0250417011016, 0250417011017, 0250417011018, 0250417011019, 0250417011020, 0250417011021, 0250417011022, 0250417011023, 0250417011024, 0250417011025, 0250417011026, 0250417011027, 0250417011028, 0250417011029, 0250417011030, 0250417011031, 0250417011032, 0250417011033, 0250417011034, 0250417011035, 0250417011036, 0250417011037, 0250417011038, 0250417011039, 0250417011040, 0250417011041, 0250417011042, 0250417011043, 0250417011044, 0250417011045, 0250417011046, 0250417011047, 0250417012011, 0250417012012, 0250417012013, 0250417012014, 0250417012015, 0250417012016, 0250417012017, 0250417012018, 0250417012026, 0250417012027, 0250417012028, 0250417012029, 0250417012031, 0250417012032, 0250417012033, 0250417012034, 0250417012035, 0250417012036, 0250417012037, 0250417012038, 0250417012039, 0250417012040, 0250417012041, 0250417012042, 0250417012043, 0250417012044, 0250417012045, 0250417013000, 0250417013001, 0250417013002, 0250417013003, 0250417013004, 0250417013005, 0250417013006, 0250417013007, 0250417013008, 0250417013009, 0250417013010, 0250417013011, 0250417013012, 0250417013013, 0250417013014, 0250417013015, 0250417013017, 0250417013018, 0250417013019, 0250417013020, 0250417013021, 0250417013022, 0250417013023, 0250417013024, 0250417013025, 0250417013026, 0250417013027, 0250417013029, 0250417013030, 0250417013032, 0250417013036, 0250417013039, 0250417013040, 0250417013041, 0250417013042, 0250417013043, 0250417013044, 0250417013045, 0250417021003, 0250417021004, 0250417021005, 0250417021006, 0250417021007, 0250417021008, 0250417021009, 0250417021010, 0250417021011, 0250417021012, 0250417021013, 0250417021014, 0250417021015, 0250417021016, 0250417021017, 0250417021018, 0250417021019, 0250417021020, 0250417021021, 0250417021022, 0250417021023, 0250417021024, 0250417022034, 0250417022036, 0250417022037, 0250417022038, 0250417022039, 0250417022040, 0250417022041, 0250417022042, 0250417022044, 0250417022045, 0250417022046; VTD 09-00, VTD 10-00, VTD 12-09.

District 83: Cabarrus County: VTD 03-00, VTD 04-01, VTD 04-03, VTD 04-09, VTD 04-11, VTD 04-12, VTD 04-13; Rowan County: VTD 002, VTD 003, VTD 004, VTD 009, VTD 013, VTD 016, VTD 017, VTD 033, VTD 044, VTD 05A, VTD 19A.

District 84: Iredell County: VTD BA, VTD BE, VTD CD, VTD CH-A, VTD CH-B, VTD CS, VTD EM, VTD NH, VTD OL, VTD SB, VTD SH-A, VTD ST1, VTD ST2, VTD ST3, VTD ST4, VTD ST5, VTD ST6, VTD TB, VTD UG.

District 85: Avery County, McDowell County: VTD CCREEK, VTD DYSART, VTD FORT-1, VTD FORT-2, VTD HIGGIN, VTD MAR-1, VTD MAR-2, VTD MAR-3, VTD MAR-4, VTD MAR-5, VTD N.COVE, VTD NEBO, VTD PLEASA, VTD T.COVE, VTD WEST-M; Mitchell County, Yancey County.

District 86: Burke County.

District 87: Caldwell County, Watauga County: VTD 004.

District 88: Mecklenburg County: VTD 009, VTD 010, VTD 020, VTD 021, VTD 037, VTD 038, VTD 049, VTD 050, VTD 051, VTD 052, VTD 058, VTD 059, VTD 076, VTD 077, VTD 097, VTD 098, VTD 120, VTD 147, VTD 78.1.

District 89: Catawba County: VTD 001, VTD 002, VTD 003, VTD 005, VTD 006, VTD 009, VTD 010, VTD 020, VTD 021, VTD 022, VTD 025, VTD 027, VTD 031, VTD 032, VTD 034, VTD 040, VTD 041; Iredell County: VTD FT, VTD SH-B.

District 90: Surry County, Wilkes County: VTD 105, VTD 106, VTD 107, VTD 120, VTD 121, VTD 123, VTD 124, VTD 126.

District 91: Forsyth County: VTD 031, VTD 033, VTD 034, VTD 081, VTD 082, VTD 083, VTD 111, VTD 112, VTD 207; Stokes County.

District 92: Mecklenburg County: VTD 039, VTD 053, VTD 122, VTD 138, VTD 200, VTD 228, VTD 229, VTD 230, VTD 243.

District 93: Alleghany County, Ashe County, Watauga County: VTD 001, VTD 002, VTD 003, VTD 005, VTD 006, VTD 007, VTD 008, VTD 009, VTD 010, VTD 011, VTD 012, VTD 013, VTD 014, VTD 015, VTD 016, VTD 017, VTD 018, VTD 019, VTD 020.

District 94: Alexander County, Wilkes County: VTD 101, VTD 102, VTD 103, VTD 104, VTD 108, VTD 109, VTD 111, VTD 112, VTD 113A, VTD 114, VTD 115A, VTD 117, VTD 118, VTD 119, VTD 122, VTD 125, VTD 127, VTD 128, VTD 129.

District 95: Iredell County: VTD CC1, VTD CC2, VTD CC3, VTD CC4, VTD DV1-A, VTD DV1-B, VTD DV2-A, VTD DV2-B.

District 96: Catawba County: VTD 004, VTD 007, VTD 008, VTD 011, VTD 012, VTD 013, VTD 014, VTD 015, VTD 016, VTD 017, VTD 019, VTD 023, VTD 024, VTD 026, VTD 028, VTD 029, VTD 030, VTD 033, VTD 035, VTD 036, VTD 037, VTD 038, VTD 039.

District 97: Lincoln County.

District 98: Mecklenburg County: VTD 127, VTD 133, VTD 142, VTD 143, VTD 202, VTD 206, VTD 207, VTD 208, VTD 240, VTD 241: Block(s) 1190063071014, 1190063071015, 1190063071017, 1190063071019, 1190063071021, 1190063071022, 1190063071030, 1190063071031, 1190063071032, 1190063071095; VTD 242.

District 99: Mecklenburg County: VTD 042, VTD 082, VTD 105, VTD 132, VTD 141, VTD 149, VTD 204.1, VTD 212, VTD 237.

District 100: Mecklenburg County: VTD 006, VTD 062, VTD 063, VTD 083, VTD 085, VTD 090, VTD 094, VTD 096, VTD 099, VTD 100, VTD 102, VTD 103, VTD 115, VTD 118, VTD 125, VTD 130, VTD 216, VTD 217, VTD 235.

District 101: Mecklenburg County: VTD 079, VTD 080, VTD 081, VTD 089, VTD 134, VTD 150, VTD 209, VTD 211, VTD 223.1, VTD 224.

District 102: Mecklenburg County: VTD 001, VTD 002, VTD 005, VTD 008, VTD 011, VTD 013, VTD 014, VTD 015, VTD 017, VTD 018, VTD 027, VTD 028, VTD 029, VTD 030, VTD 033, VTD 035, VTD 044, VTD 046, VTD 109.

District 103: Mecklenburg County: VTD 087, VTD 088, VTD 129, VTD 137, VTD 139.1, VTD 140, VTD 144, VTD 148, VTD 225, VTD 226, VTD 227, VTD 231.

District 104: Mecklenburg County: VTD 007, VTD 019, VTD 032, VTD 034, VTD 036, VTD 047, VTD 048, VTD 057, VTD 064, VTD 065, VTD 066, VTD 067, VTD 068, VTD 070, VTD 071, VTD 072, VTD 073, VTD 074, VTD 075, VTD 092, VTD 101, VTD 106, VTD 110, VTD 111, VTD 114, VTD 117, VTD 119.

District 105: Mecklenburg County: VTD 069, VTD 086, VTD 091, VTD 093, VTD 112, VTD 113, VTD 121, VTD 131, VTD 136, VTD 215, VTD 218, VTD 219, VTD 220, VTD 221, VTD 232, VTD 233, VTD 234, VTD 236.

District 106: Mecklenburg County: VTD 107.1, VTD 126, VTD 128, VTD 135, VTD 145, VTD 146, VTD 151, VTD 214, VTD 238.1, VTD 239, VTD 241: Block(s) 1190062241000, 1190062241001, 1190062241002, 1190062241005, 1190062241006, 1190062241007, 1190062241008, 1190062241009, 1190062241010, 1190062241011, 1190062241012, 1190062241013, 1190062241090, 1190062241091, 1190062241092, 1190062241093, 1190062241108, 1190063051000, 1190063051001, 1190063051002, 1190063051003, 1190063051004, 1190063051005, 1190063051006, 1190063051007, 1190063051008, 1190063051009, 1190063051010, 1190063051011, 1190063051012, 1190063051013, 1190063051014, 1190063051015, 1190063051016, 1190063051017, 1190063051018, 1190063051019, 1190063051020, 1190063051021, 1190063051022, 1190063051023, 1190063051024, 1190063051025, 1190063051026, 1190063051027, 1190063051028, 1190063051029, 1190063051030, 1190063051031, 1190063051032, 1190063051033, 1190063051034, 1190063051035, 1190063051036, 1190063051037, 1190063051038, 1190063051039, 1190063051040, 1190063051041, 1190063051042, 1190063051043, 1190063051044, 1190063051045, 1190063051046, 1190063051047, 1190063051048, 1190063051049, 1190063051050, 1190063051051, 1190063051052, 1190063051053, 1190063051054, 1190063051055, 1190063051056, 1190063051057, 1190063051058, 1190063051059, 1190063051060, 1190063051061, 1190063051062, 1190063051063, 1190063051064, 1190063051065, 1190063051066, 1190063051067, 1190063051068, 1190063051069, 1190063051070, 1190063051071, 1190063051072, 1190063051073, 1190063051074, 1190063051075, 1190063051076, 1190063051077, 1190063051078, 1190063051079, 1190063061000, 1190063061001, 1190063061002, 1190063061003, 1190063061004, 1190063061005, 1190063061006, 1190063061007, 1190063061008, 1190063061009, 1190063061010, 1190063061011, 1190063061012, 1190063061013, 1190063061014, 1190063061015, 1190063061016, 1190063061017, 1190063061018, 1190063061019, 1190063061020, 1190063061021, 1190063061022, 1190063061023, 1190063061024, 1190063061025, 1190063061026, 1190063061027, 1190063061028, 1190063061029, 1190063061030, 1190063061031, 1190063061032, 1190063061033, 1190063071000, 1190063071001, 1190063071002, 1190063071003, 1190063071004, 1190063071005, 1190063071006, 1190063071007, 1190063071008, 1190063071009, 1190063071010, 1190063071011, 1190063071012, 1190063071013, 1190063071016, 1190063071018, 1190063071020, 1190063071023, 1190063071024, 1190063071025, 1190063071026, 1190063071027, 1190063071028, 1190063071029, 1190063071033, 1190063071034, 1190063071035, 1190063071036, 1190063071037, 1190063071038, 1190063071039, 1190063071040, 1190063071041, 1190063071042, 1190063071043, 1190063071044, 1190063071045, 1190063071046, 1190063071047, 1190063071048, 1190063071049, 1190063071050, 1190063071051, 1190063071052, 1190063071053, 1190063071054, 1190063071055, 1190063071056, 1190063071057, 1190063071058, 1190063071059, 1190063071060, 1190063071061, 1190063071062, 1190063071063, 1190063071064, 1190063071065, 1190063071066, 1190063071067, 1190063071068, 1190063071069, 1190063071070, 1190063071071, 1190063071072, 1190063071073, 1190063071074, 1190063071075, 1190063071076, 1190063071077, 1190063071078, 1190063071079, 1190063071080, 1190063071081, 1190063071082, 1190063071083, 1190063071084, 1190063071085, 1190063071086, 1190063071087, 1190063071088, 1190063071089, 1190063071090, 1190063071091, 1190063071092, 1190063071093, 1190063071094, 1190063071096, 1190063071097, 1190063071098, 1190063071099, 1190063071100, 1190063072000, 1190063072001, 1190063072002, 1190063072003, 1190063072004, 1190063072005, 1190063072006, 1190063072007, 1190063072008, 1190063072009, 1190063072010, 1190063072011, 1190063072012, 1190063072013, 1190063072014, 1190063072015, 1190063072016, 1190063072017, 1190063072018, 1190063072019, 1190063072020, 1190063072021, 1190063072022, 1190063072023, 1190063072024, 1190063072025, 1190063072026, 1190063072027, 1190063072028, 1190063072029, 1190063072030, 1190063072031, 1190063072032, 1190063072033, 1190063072034, 1190063072035, 1190063072036, 1190063072037, 1190063072038, 1190063072039, 1190063072040, 1190063072041, 1190063072042, 1190063072043, 1190063072044, 1190063072045, 1190063072046.

District 107: Mecklenburg County: VTD 012, VTD 016, VTD 022, VTD 023, VTD 024, VTD 025, VTD 026, VTD 031, VTD 040, VTD 041, VTD 054, VTD 055, VTD 056, VTD 210, VTD 213, VTD 222.

District 108: Gaston County: VTD 007, VTD 008, VTD 009, VTD 012, VTD 013, VTD 025, VTD 026, VTD 030, VTD 032, VTD 038, VTD 039, VTD 040, VTD 041, VTD 042, VTD 043, VTD 044, VTD 045, VTD 046.

District 109: Gaston County: VTD 001, VTD 002, VTD 003, VTD 010, VTD 011, VTD 014, VTD 015, VTD 016, VTD 017, VTD 018, VTD 019, VTD 023, VTD 024, VTD 027, VTD 028, VTD 029, VTD 031.

District 110: Cleveland County: VTD 0S-C, VTD CASAR, VTD FALSTN, VTD KINGST, VTD LAWNDL, VTD MULLS, VTD POLKVL, VTD S 5, VTD S-4A, VTD WACO; Gaston County: VTD 004, VTD 005, VTD 006, VTD 020, VTD 021, VTD 022, VTD 033, VTD 034, VTD 035, VTD 036, VTD 037.

District 111: Cleveland County: VTD 0S-S, VTD BETHWR, VTD BR, VTD GROVER, VTD KM N, VTD KM S, VTD LATT, VTD MRB-YO, VTD OAKGRV, VTD RIPPY, VTD SHANGI; Rutherford County: VTD 011, VTD 019, VTD 03A, VTD 05A, VTD 09A, VTD 10A.

District 112: Mecklenburg County: VTD 003, VTD 004, VTD 043, VTD 045, VTD 060, VTD 061, VTD 084, VTD 095, VTD 104, VTD 108, VTD 116, VTD 123, VTD 124, VTD 201, VTD 203, VTD 205.

District 113: Henderson County: VTD AR, VTD AT, VTD CB, VTD EF, VTD FR, VTD GR, VTD RR, VTD SB; McDowell County: VTD GLENWD, VTD M.COVE; Polk County, Rutherford County: VTD 013, VTD 014, VTD 018, VTD 027, VTD 028, VTD 029, VTD 030, VTD 034, VTD 04A, VTD 06A, VTD 16A.

District 114: Buncombe County: VTD 18.2, VTD 19.1, VTD 24.1, VTD 29.2, VTD 30.2, VTD 30.3, VTD 32.1, VTD 33.2, VTD 33.3, VTD 34.1, VTD 35.1, VTD 36.1, VTD 37.1, VTD 38.2, VTD 38.3, VTD 39.2, VTD 39.3, VTD 44.1, VTD 46.1, VTD 54.2, VTD 55.1, VTD 56.2, VTD 57.1, VTD 60.2, VTD 60.4, VTD 62.1, VTD 64.1.

District 115: Buncombe County: VTD 40.2, VTD 41.1, VTD 45.1, VTD 47.1, VTD 48.1, VTD 49.1, VTD 50.1, VTD 51.2, VTD 52.1, VTD 53.1, VTD 58.1, VTD 59.1, VTD 61.1, VTD 63.1, VTD 65.1, VTD 66.1, VTD 67.1, VTD 68.1, VTD 69.1, VTD 71.1.

District 116: Buncombe County: VTD 1.1, VTD 10.1, VTD 11.1, VTD 12.1, VTD 13.1, VTD 14.2, VTD 14.3, VTD 15.1, VTD 16.2, VTD 17.1, VTD 2.1, VTD 20.1, VTD 21.1, VTD 22.2, VTD 23.2, VTD 23.3, VTD 25.1, VTD 26.1, VTD 27.2, VTD 28.1, VTD 3.1, VTD 31.1, VTD 4.1, VTD 42.1, VTD 43.2, VTD 5.1, VTD 6.1, VTD 7.1, VTD 70.1, VTD 8.2, VTD 8.3, VTD 9.1.

District 117: Henderson County: VTD BC, VTD BK, VTD CC, VTD ED, VTD ES, VTD EV, VTD FL, VTD GM, VTD HC, VTD HS, VTD HV-1, VTD HV-2, VTD HV-3, VTD LJ, VTD LP, VTD MG, VTD NB, VTD NE, VTD NM, VTD NW, VTD PR, VTD PV, VTD RG, VTD SE, VTD SM, VTD SW.

District 118: Haywood County, Madison County.

District 119: Jackson County, Swain County, Transylvania County.

District 120: Cherokee County, Clay County, Graham County, Macon County.

(b) The names and boundaries of voting tabulation districts and blocks specified in this section are as shown on the Census Redistricting Data P.L. 94-171 TIGER/Line Shapefiles associated with the most recent federal decennial census.

(c) If any voting tabulation district boundary is changed, that change shall not change the boundary of a House district, which shall remain the same as it is depicted by the Census Redistricting Data P.L. 94-171 TIGER/Line Shapefiles associated with the most recent federal decennial census.

(d) Repealed by Session Laws 2011-416, s. 2, effective November 7, 2011, and applicable to elections held on or after January 1, 2012.

(e) The Legislative Services Officer shall certify a true copy of the block assignment file associated with any mapping software used to generate the language in subsection (a) of this section. The certified true copy of the block assignment file shall be delivered by the Legislative Services Officer to the Principal Clerk of the House of Representatives. If any area within North Carolina is not assigned to a specific district by subsection (a) of this section, the certified true copy of the block assignment file delivered to the Principal Clerk of the House of Representatives shall control. (Code, s. 2845; Rev., c. 4399; 1911, c. 151; C.S., s. 6088; 1921, c. 144; 1941, c. 112; 1961, c. 265; 1966, Ex. Sess., c. 5, s. 1; 1971, c. 483; 1981, c. 800; c. 1130, s. 1; 1982, Ex. Sess., c. 4; 1982, 2nd Ex. Sess., c. 1; 1984, Ex. Sess., c. 1, ss. 1, 2; c. 6, ss. 1-6; c. 7; 1991, c. 675, s. 1; 1991, Ex. Sess., c. 5, ss. 1, 2; 1993, c. 553, s. 34; 2001-459, s. 1; 2001-487, s. 77; 2002-1, Ex Sess., ss. 1, 2; 2002-2, Ex. Sess., s. 1; 2003-434, 1st Ex. Sess., ss. 1, 2; 2009-78, s. 1; 2011-404, s. 1; 2011-416, s. 2; 2017-208, s. 1; 2019-46, s. 1; 2019-220, s. 1; 2021-175, s. 1; 2022-4, s. 1; 2023-149, s. 1.)

§ 120-2.1.  Severability of Senate and House apportionment acts.

If any provision of any act of the General Assembly that apportions Senate or House districts is held invalid by any court of competent jurisdiction, the invalidity shall not affect other provisions that can be given effect without the invalid provision; and to this end the provisions of any said act are severable. (1981, c. 771, s. 1.)

§ 120-2.2: Repealed by Session Laws 2013-343, s. 1, effective July 23, 2013.

§ 120-2.3.  Contents of judgments invalidating apportionment or redistricting acts.

Every order or judgment declaring unconstitutional or otherwise invalid, in whole or in part and for any reason, any act of the General Assembly that apportions or redistricts State legislative or congressional districts shall find with specificity all facts supporting that declaration, shall state separately and with specificity the court's conclusions of law on that declaration, and shall, with specific reference to those findings of fact and conclusions of law, identify every defect found by the court, both as to the plan as a whole and as to individual districts. (2003-434, 1st Ex. Sess., s. 8.)

§ 120-2.4.  Opportunity for General Assembly to remedy defects.

(a) If the General Assembly enacts a plan apportioning or redistricting State legislative or congressional districts, in no event may a court impose its own substitute plan unless the court first gives the General Assembly a period of time to remedy any defects identified by the court in its findings of fact and conclusions of law. That period of time shall not be less than two weeks, provided, however, that if the General Assembly is scheduled to convene legislative session within 45 days of the date of the court order that period of time shall not be less than two weeks from the convening of that legislative session.

(a1) In the event the General Assembly does not act to remedy any identified defects to its plan within that period of time, the court may impose an interim districting plan for use in the next general election only, but that interim districting plan may differ from the districting plan enacted by the General Assembly only to the extent necessary to remedy any defects identified by the court.

(b) Notwithstanding any other provision of law or authority of the State Board of Elections under Chapter 163 of the General Statutes, the State Board of Elections shall have no authority to alter, amend, correct, impose, or substitute any plan apportioning or redistricting State legislative or congressional districts other than a plan imposed by a court under this section or a plan enacted by the General Assembly. (2003-434, 1st Ex. Sess., s. 9; 2016-125, 4th Ex. Sess., s. 20(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 4.7.)

§ 120-2.5: Repealed by Session Laws 2016-125, s. 22(f), effective December 16, 2016.

§ 120-3.  Pay of members and officers of the General Assembly.

(a) The Speaker of the House shall be paid an annual salary of thirty-eight thousand one hundred fifty-one dollars ($38,151) payable monthly, and an expense allowance of one thousand four hundred thirteen dollars ($1,413) per month. The President Pro Tempore of the Senate shall be paid an annual salary of thirty-eight thousand one hundred fifty-one dollars ($38,151) payable monthly, and an expense allowance of one thousand four hundred thirteen dollars ($1,413) per month. The Speaker Pro Tempore of the House shall be paid an annual salary of twenty-one thousand seven hundred thirty-nine dollars ($21,739) payable monthly, and an expense allowance of eight hundred thirty-six dollars ($836.00) per month. The Deputy President Pro Tempore of the Senate shall be paid an annual salary of twenty-one thousand seven hundred thirty-nine dollars ($21,739) payable monthly, and an expense allowance of eight hundred thirty-six dollars ($836.00) per month. The majority and minority leaders in the House and the majority and minority leaders in the Senate shall be paid an annual salary of seventeen thousand forty-eight dollars ($17,048) payable monthly, and an expense allowance of six hundred sixty-six dollars ($666.00) per month.

(b) Every other member of the General Assembly shall receive increases in annual salary only to the extent of and in the amounts equal to the average increases received by employees of the State, effective upon convening of the next Regular Session of the General Assembly after enactment of these increased amounts, except no such increase is granted upon the convening of the 1997 Regular Session of the General Assembly. Accordingly, upon convening of the 1997 Regular Session of the General Assembly, every other member of the General Assembly shall be paid an annual salary of thirteen thousand nine hundred fifty-one dollars ($13,951) payable monthly, and an expense allowance of five hundred fifty-nine dollars ($559.00) per month.

(c) The salary and expense allowances provided in this section are in addition to any per diem compensation and any subsistence and travel allowance authorized by any other law with respect to any regular or extra session of the General Assembly, and service on any State board, agency, commission, standing committee and study commission. (1929, c. 2, s. 1; 1951, c. 23, s. 1; 1965, c. 917; c. 1157, s. 1; 1967, c. 1120; 1969, c. 1278, s. 1; 1971, c. 1200, s. 5; 1973, c. 1482, s. 1; 1977, 2nd Sess., c. 1249, ss. 1, 2; 1979, 2nd Sess., c. 1137, s. 9.1; 1983, c. 761, s. 203; 1983 (Reg. Sess., 1984), c. 1034, s. 209; 1985, c. 479, s. 208; 1985 (Reg. Sess., 1986), c. 1014, s. 29; 1987, c. 738, s. 15; c. 830, s. 70; 1987 (Reg. Sess., 1988), c. 1086, s. 9; 1989, c. 752, s. 26; 1991 (Reg. Sess., 1992), c. 900, s. 35; 1993, c. 321, s. 52; 1993 (Reg. Sess., 1994), c. 769, s. 7.5; 1995, c. 507, s. 7.8; 2002-159, s. 39.)

§ 120-3.1.  Subsistence and travel allowances for members of the General Assembly.

(a) In addition to compensation for their services, members of the General Assembly shall be paid the following allowances:

(1) A weekly travel allowance for each week or fraction thereof that the General Assembly is in regular or extra session. The amount of the weekly travel allowance shall be calculated for each member by multiplying the actual round-trip mileage from that member's home to the City of Raleigh by the rate per mile which is the business standard mileage rate set by the Internal Revenue Service in Rev. Proc. 93-51, December 27, 1993.

(2) A travel allowance at the rate which is the business standard mileage rate set by the Internal Revenue Service in Rev. Proc. 93-51, December 27, 1993, whenever the member travels, whether in or out of session, as a representative of the General Assembly or of its committees or commissions, with the approval of the Legislative Services Commission.

(3) A subsistence allowance for meals and lodging at a daily rate equal to the maximum per diem rate for federal employees traveling to Raleigh, North Carolina, as set out at 58 Federal Register 67959 (December 22, 1993), while the General Assembly is in session and, except as otherwise provided in this subdivision, while the General Assembly is not in session when, with the approval of the Speaker of the House of Representatives in the case of Representatives or the President Pro Tempore of the Senate in case of Senators, the member is:

a. Traveling as a representative of the General Assembly or of its committees or commissions, or

b. Otherwise in the service of the State.

A member who is authorized to travel, whether in or out of session, within the United States outside North Carolina, may elect to receive, in lieu of the amount provided in the preceding paragraph, a subsistence allowance of twenty-six dollars ($26.00) a day for meals, plus actual expenses for lodging when evidenced by a receipt satisfactory to the Legislative Services Officer, the latter not to exceed the maximum per diem rate for federal employees traveling to the same place, as set out at 58 Federal Register 67950-67964 (December 22, 1993) and at 59 Federal Register 23702-23709 (May 6, 1994).

(4) A member may be reimbursed for registration fees as permitted by the Legislative Services Commission.

(b) Payment of travel and subsistence allowances shall be made to members of the General Assembly only after certification by the claimant as to the correctness thereof on forms prescribed by the Legislative Services Commission. Claims for travel and subsistence payments shall be paid at such times as may be prescribed by the Legislative Services Commission.

(c) When the General Assembly by joint action of the two houses adjourns to a day certain, which day is more than three days after the date of adjournment, the period between the date of adjournment and the date of reconvening shall for the purposes of this section be deemed to be a period when the General Assembly is not in session, and no member shall be entitled to subsistence and travel allowance during that period, except under circumstances which would entitle him to subsistence and travel allowance when the General Assembly is not in session.

(d) Repealed by Session Laws 1989 (Regular Session 1990), c. 1066, s. 24(a). (1957, c. 8; 1959, c. 939; 1961, c. 889; 1965, c. 86, s. 1; 1969, c. 1257, s. 1; 1971, c. 1200, ss. 1-4; 1973, c. 1482, s. 2; 1977, 2nd Sess., c. 1249, ss. 3, 4; 1979, 2nd Sess., c. 1137, s. 30; 1983, c. 761, ss. 25, 26; 1983 (Reg. Sess., 1984), c. 1034, ss. 184, 186; 1985, c. 479, s. 206; 1985 (Reg. Sess., 1986), c. 1014, s. 40(a); 1987 (Reg. Sess., 1988), c. 1086, s. 30(c); 1989, c. 117; 1989 (Reg. Sess., 1990), c. 1066, s. 24(a); 1991 (Reg. Sess., 1992), c. 900, s. 51; 1993, c. 321, ss. 24(b), (c); 1993 (Reg. Sess., 1994), c. 769, s. 7.28; 1996, 2nd Ex. Sess., c. 18, s. 8(b).)

§ 120-4:  Repealed by Session Laws 1985 (Reg.  Sess. 1986), c. 1014, s. 40(b).

§ 120-4.1.  Repealed by Session Laws 1973, c. 1482, s. 3.

§ 120-4.2.  Repeal of Legislative Retirement Fund.

(a) Effective as of the end of the term of the members of the 1973 General Assembly, G.S. 120-4.1 is repealed, subject to the following provisions to preserve vested and inchoate rights in the Legislative Retirement Fund:

(b) All persons who have at least four terms of creditable service as of the end of the 1973 term shall be entitled to receive the retirement benefits provided under G.S. 120-4.1 as it existed prior to this repealing act, but no credit shall be given for any service performed after the end of the 1973 term.

(c) Solely for purposes of administering the benefits authorized by G.S. 120-3 to 120-4.2, the authority and duties created by G.S. 120-4.1 as it existed prior to this repealing act shall continue in effect, except that the General Assembly may opt to make annual transfers instead of quarterly transfers of funds to the Department of State Treasurer. (1973, c. 1482, s. 3; 2014-97, s. 7.)

§§ 120-4.3 through 120-4.7.  Reserved for future codification purposes.

Article 1A.

Legislative Retirement System.

§ 120-4.8.  Definitions.

The following definitions apply in this Article, unless the context clearly requires otherwise:

(1) Accumulated contributions. - The sum of all the amounts deducted from the compensation of a member and credited to his individual account in the annuity savings fund, together with regular interest as provided in G.S. 135-7(b).

(2) Actuarial equivalent. - A benefit of equal value when computed upon the basis of the mortality tables as adopted by the Board of Trustees, and regular interest.

(3) Annuity. - Payment for life derived from the accumulated contributions of a member. All annuities are payable in equal monthly installments.

(4) Annuity reserve. - The present value of all payments to be made on account of any annuity, or benefit in lieu of any annuity, computed upon the basis of the mortality tables adopted by the Board of Trustees, and regular interest.

(5) Board of Trustees. - The Board of Trustees of the Teachers' and State Employees' Retirement System, which is responsible for administering the Legislative Retirement System.

(6) Compensation. - Salary and expense allowance paid for service as a legislator in the North Carolina General Assembly, exclusive of travel and per diem. Effective July 1, 2009, compensation also includes payment of military differential wages.

(7) Creditable service. - The total of a member's prior service plus membership service for which credit is allowable under this Article. In no event shall creditable service be deemed membership service for the purpose of determining eligibility for benefits accruing under this Article.

(8) Filing. - When used in reference to an application for retirement, the receipt of an acceptable application on a form provided by the Retirement System.

(9) Highest annual salary. - The twelve consecutive months of compensation authorized during a member's final legislative term for the highest position that a member ever held as a member of the General Assembly.

(10) Medical Board. - The board of physicians provided for in G.S. 135-6, which shall determine disability as provided in this Article.

(11) Member in service. - A member in service on or after June 15, 1983.

(12) Pension reserve. - The present value of all payments to be made on account of any pension, or benefit in lieu of any pension, computed upon the basis of the mortality tables adopted by the Board of Trustees, and regular interest.

(13) Pensions. - Payment for life derived from money provided by the State of North Carolina. All pensions are payable in equal monthly installments.

(14) Present member of the General Assembly. - A person who is a member of the North Carolina General Assembly on or after June 15, 1983.

(15) Regular interest. - Interest compounded annually at the rate determined by the Board of Trustees in accordance with G.S. 135-7(b) and G.S. 120-4.10.

(16) Retirement. - The withdrawal from active service with a retirement allowance granted under the provisions of this Article. In order for a member's retirement to become effective in any month, the member must render no service at any time during that month.

(17) Retirement System. - The Legislative Retirement System of North Carolina.

(18) Year. - The regular State fiscal year beginning July 1, and ending June 30 in the following calendar year, unless otherwise defined in rule adopted by the Board of Trustees. (1983, c. 761, s. 238; 1983 (Reg. Sess., 1984), c. 1034, s. 198; 1987, c. 738, s. 31(a); 1993 (Reg. Sess., 1994), c. 769, s. 7.29(a); 2009-66, s. 6(h); 2024-10, s. 17(a).)

§ 120-4.9.  Retirement system established.

A Retirement System is established and placed under the Board of Trustees of the Teachers' and State Employees' Retirement System for administrative purposes. This Retirement System is a governmental plan, within the meaning of Section 414(d) of the Internal Revenue Code. Therefore, the nondiscrimination rules of Sections 401(a)(5) and 401(a)(26) of the Code do not apply.

The Retirement System shall have all the power and privileges of a corporation and shall be known as the "Legislative Retirement System of North Carolina." By this name all of its business shall be transacted, all of its funds invested and all of its cash and securities and other property held. All direction and policies concerning the Legislative Retirement System shall be vested in the Board of Trustees.

Consistent with Section 401(a)(1) of the Internal Revenue Code, all member employee and employer contributions to this Retirement System shall be made to funds held in trust through trust instruments that have the purposes of distributing trust principal and income to retired members and their beneficiaries and of paying other definitely determinable benefits under this Chapter, after meeting the necessary expenses of administering this Retirement System. Neither the trust corpus nor income from this trust can be used for purposes other than the exclusive benefit of members or their beneficiaries, except that employer contributions made to the trust under a good faith mistake of fact may be returned to an employer, where the refund can occur within less than one year after the mistaken contribution was made, consistent with the rule adopted by the Board of Trustees. The Retirement System shall have a consolidated Plan document, consisting of relevant statutory provisions in this Chapter, associated regulations in the North Carolina Administrative Code, substantive and procedural information on the official forms used by the Retirement System, and policies and minutes of the Board of Trustees. (1983, c. 761, s. 238; 2012-130, s. 7(a); 2013-287, s. 6.)

§ 120-4.10.  Administration of retirement system.

The Board of Trustees of the Teachers' and State Employees' Retirement System shall be the trustee of the Retirement System. The provisions of this Article shall be administered by the Board of Trustees. (1983, c. 761, s. 238; 2013-287, s. 7.)

§ 120-4.11.  Membership.

The following members of the General Assembly and former members of the General Assembly are eligible for membership in the Retirement System:

(1) Members of the General Assembly who serve on and after June 15, 1983; and

(2) Former members of the General Assembly who served prior to June 15, 1983; and

a. Who elect to transfer current and future entitlements, or contributions, from the Legislative Retirement Fund established by Chapter 1269 of the 1969 Session Laws; or

b. Who have five or more years of service as a member of the General Assembly. (1983, c. 761, s. 238; 1983 (Reg. Sess., 1984), c. 1034, ss. 188, 189; 1985, c. 400, ss. 1, 7; 1987 (Reg. Sess., 1988), c. 1109; 2001-424, s. 32.30(a).)

§ 120-4.12.  Creditable service.

(a) Creditable service at retirement consists of the membership service rendered by the member of the Retirement System and any prior service purchased or granted by this Article.

(b) Membership Service means the number of years served as a member of the General Assembly as of the establishment of the Retirement System and thereafter. One year of membership service is equal to 12 months for which a legislator received compensation.

(c) Prior service means:

(1) The number of years a present member of the General Assembly served in the General Assembly prior to becoming a member of the Retirement System;

(2) The number of years served by former members of the General Assembly who were vested in the Legislative Retirement Fund. One year of prior service is equal to 12 months for which a legislator received compensation.

(c1) On or before December 31, 2024, any member of the Retirement System who was a member of the General Assembly as of January 1985 may purchase prior service credit for the month of January 1985 based upon seven percent (7%) of the compensation received for that period.

(d) Recodified as G.S. 120-4.12B(a) by Session Laws 2024-10, s. 15(b), effective June 20, 2024.

(e) Repealed by Session Laws 2024-10, s. 15(c), effective June 20, 2024.

(f) If a member who has not vested in this System on July 1, 2007, is convicted of an offense listed in G.S. 120-4.33 for acts committed after July 1, 2007, then that member shall forfeit all benefits under this System. If a member who has vested in this System on July 1, 2007, is convicted of an offense listed in G.S. 120-4.33 for acts committed after July 1, 2007, then that member is not entitled to any creditable service that accrued after July 1, 2007, regardless of whether that creditable service was earned by virtue of membership in the System, accrued by conversion of sick leave at the point of the member's retirement, accrued by transfer of service from another retirement system, purchased by the member in accordance with this Article, or accrued by any other means. No member shall forfeit any benefit or creditable service earned from a position not as a member of the General Assembly. For purposes of this subsection, creditable service attributable to the conversion of sick leave accrues in this System on the date of retirement, service transferred to this System from another system accrues in this System on the effective date of the transfer, and purchased service accrues in this System on the date of the purchase.

(g) If a member who is a present member of the General Assembly and who has not vested in this System on December 1, 2012, is convicted of an offense listed in G.S. 120-4.33A for acts committed after December 1, 2012, then that member shall forfeit all benefits under this System, except for a return of member contributions plus interest. If a member who is a present member of the General Assembly and has vested in this System on December 1, 2012, is convicted of an offense listed in G.S. 120-4.33A for acts committed after December 1, 2012, then that member is not entitled to any creditable service that accrued after December 1, 2012, regardless of whether that creditable service was earned by virtue of membership in the System, accrued by conversion of sick leave at the point of the member's retirement, accrued by transfer of service from another retirement system, purchased by the member in accordance with this Article, or accrued by any other means. For purposes of this subsection, creditable service attributable to the conversion of sick leave accrues in this System on the date of retirement, service transferred to this System from another system accrues in this System on the effective date of the transfer, and purchased service accrues in this System on the date of the purchase. (1983, c. 761, s. 238; 1983 (Reg. Sess., 1984), c. 1034, ss. 187, 190; 1989, c. 762, s. 1; 1993, c. 321, s. 71; 2007-179, s. 1(b); 2009-281, s. 1; 2011-183, s. 89; 2012-193, s. 8; 2020-48, s. 4.4(g), (h); 2024-10, ss. 15(b), (c), 17(b).)

§ 120-4.12A.  Reciprocity of creditable service with other state-administered retirement systems.

(a) Only for the purpose of determining eligibility for benefits accruing under this Article, creditable service standing to the credit of a member of the Consolidated Judicial Retirement System, Teachers' and State Employees' Retirement System, or Local Governmental Employees' Retirement System shall be added to the creditable service standing to the credit of a member of this System; provided, that in the event a person is a retired member of any of the foregoing retirement systems, such creditable service standing to the credit of the retired member prior to retirement shall be likewise counted.  In no instance shall service credits maintained in the aforementioned retirement systems be added to the creditable service in this System for application of this System's benefit accrual rate in computing a service retirement benefit unless specifically authorized by this Article.

(b) A person who was a former member of this System and who has forfeited his creditable service in this System by receiving a return of contributions and who has creditable service in the Consolidated Judicial Retirement System, Teachers' and State Employees' Retirement System, or the Local Governmental Employees' Retirement System may count such creditable service for the purpose of restoring the creditable service forfeited in this System under the terms and conditions as set forth in this Article and reestablish membership in this System.

(c) Creditable service under this section shall not be counted twice for the same period of time whether earned as a member, purchased, or granted as prior service credits. (1989 (Reg. Sess., 1990), c. 1066, s. 35(a).)

§ 120-4.12B.  Purchase of creditable service for service in Armed Forces.

(a) On or before December 31, 2024, any member of the Retirement System who has eight or more years of creditable service as a member of the General Assembly may purchase prior service credit for service in the Armed Forces of the United States at the same rates and conditions as set forth in G.S. 120-4.14 and G.S. 120-4.16; provided that credit is allowed only for the initial period of active duty in the Armed Forces of the United States up to the time the member was first eligible to be separated or released therefrom, and subsequent periods of such active duty as required by the Armed Forces of the United States up to the date of first eligibility for separation or release therefrom.

(b) On or after January 1, 2025, any member or retired member with five or more years of membership service may purchase creditable service for service in the Armed Forces of the United States by paying a lump sum amount to the Annuity Savings Fund. The amount payable shall be equal to the full liability increase of the Retirement System due to the additional service credits purchased plus an administrative fee that is set by the Board of Trustees. The full liability increase shall be calculated on the basis of the same assumptions used for the purposes of the actuarial valuation of the liabilities of the Retirement System, except for the following assumptions specific to this calculation: (i) the allowance shall be assumed to commence at the earliest age at which the member could retire on an unreduced retirement allowance and (ii) there shall be assumed annual postretirement allowance increases set by the Board of Trustees upon the advice of the consulting actuary.

(c) Only periods of active service in the Armed Forces of the United States are eligible for the purchase of creditable service under this section, except that service in the National Guard or any reserve component of the Armed Forces of the United States shall be eligible. To make a purchase under this section, the member is required to submit satisfactory evidence of the claimed service in the Armed Forces of the United States. No purchase of service credit under this section shall be made if a benefit is allowable under another public retirement system as a result of the service in the Armed Forces of the United States. (2024-10, ss. 15(a), (b), 16.)

§ 120-4.13.  Transfer of membership and benefits.

(a) The Board of Trustees shall set up procedures to transfer membership from the Legislative Retirement Fund to the Retirement System and to recompute benefits paid to retirees of the Legislative Retirement Fund who elect to transfer to the Retirement System.

(b) The accumulated contributions and creditable service of any member whose service as a member of the General Assembly has been or is terminated other than by retirement or death and who, while still a member of this Retirement System, became or becomes a member, as defined in G.S. 135-1(13), of the Teachers' and State Employees' Retirement System for a period of five or more years may, upon application of the member, be transferred from this Retirement System to the Teachers' and State Employees' Retirement System. In order to effect the transfer of a member's creditable service from the Legislative Retirement System to the Teachers' and State Employees' Retirement System, there shall be transferred from the Legislative Retirement System to the Teachers' and State Employees' Retirement System the sum of (i) the accumulated contributions of the member credited in the annuity savings fund and (ii) the amount of reserve held in the Legislative Retirement System as a result of previous contributions by the employer on behalf of the transferring member.

(c) The accumulated contributions and creditable service of any member whose service as a member of the General Assembly has been or is terminated other than by retirement or death and who, while still a member of this Retirement System, became or becomes a member, as defined in G.S. 135-53(11), of the Consolidated Judicial Retirement System for a period of five or more years may, upon application of the member, be transferred from this Retirement System to the Consolidated Judicial Retirement System. In order to effect the transfer of a member's creditable service from the Legislative Retirement System to the Consolidated Judicial Retirement System, there shall be transferred from the Legislative Retirement System to the Consolidated Judicial Retirement System the sum of (i) the accumulated contributions of the member credited in the annuity savings fund and (ii) the amount of reserve held in the Legislative Retirement System as a result of previous contributions by the employer on behalf of the transferring member. (1983, c. 761, s. 238; 2003-284, s. 30.18(a).)

§ 120-4.14.  Purchase of prior service.

Purchase of prior service rendered by a member of the General Assembly before becoming a member of the Retirement System that is not service that may be transferred pursuant to G.S. 120-4.12 shall be at the rate of one month of service for each month for which a legislator received compensation, computed as follows:

(1) For final legislative terms beginning with the 1975 General Assembly, seven percent (7%) of the highest legislative compensation at the time of purchase plus an administrative fee to be paid in lump sum.

(2) Repealed by Session Laws 2018-85, s. 5, effective June 25, 2018. (1983, c. 761, s. 238; c. 923, s. 217; 1983 (Reg. Sess., 1984), c. 1034, s. 191; 1985, c. 400, s. 2; 2018-85, s. 5.)

§ 120-4.15.  Repayment of contributions.

(a) On or before December 31, 2021, repayment of contributions withdrawn from the Legislative Retirement Fund and System shall be at the rate of seven percent (7%) of the highest monthly compensation received as a legislator at the time of purchase for each month of creditable service restored plus an administrative fee to be paid in lump sum.

(b) On and after January 1, 2022, but before January 1, 2025, repayment of contributions withdrawn from the Legislative Retirement Fund and System shall be in an amount equal to the full liability increase due to the additional service credits on the basis of the assumptions used for the purposes of the actuarial valuation of the liabilities of the Retirement System, except for the following assumptions specific to this calculation: (i) the allowance shall be assumed to commence at the earliest age at which the member could retire on an unreduced retirement allowance and (ii) assumed annual postretirement allowance increases as set by the Board of Trustees of the Teachers' and State Employees' Retirement System upon the advice of the consulting actuary. The calculation of the amount payable shall also include an administrative fee to be set by the Board of Trustees of the Teachers' and State Employees' Retirement System.

(c) On or after January 1, 2025, any member who withdrew his or her contributions in accordance with the provisions of G.S. 120-4.25 and who subsequently returns to service and completes at least five years of service, may, while in service, purchase creditable service in an amount up to the total amount of membership service associated with the withdrawn contributions, but not to exceed a total of five years. Creditable service shall be purchased under this subsection by paying a lump sum amount to the Annuity Savings Fund. The amount payable shall be equal to the full liability increase of the Retirement System due to the additional service credits purchased plus an administrative fee that is set by the Board of Trustees. The full liability increase shall be calculated on the basis of the same assumptions used for the purposes of the actuarial valuation of the liabilities of the Retirement System, except for the following assumptions specific to this calculation: (i) the allowance shall be assumed to commence at the earliest age at which the member could retire on an unreduced retirement allowance and (ii) there shall be assumed annual postretirement allowance increases set by the Board of Trustees upon the advice of the consulting actuary. (1983, c. 761, s. 238; c. 923, s. 217; 1983 (Reg. Sess., 1984), c. 1034, s. 192; 2020-29, s. 1(f); 2024-10, s. 17(c).)

§ 120-4.16.  Repayments and purchases.

(a) Repealed by Session Laws 2024-10, s. 17(d), effective June 20, 2024.

(b) Purchase of Service Credits Through Rollover Contributions From Certain Other Plans. - Notwithstanding any other provision of this Article to the contrary, subject to the requirements of this subsection and any rules adopted, or policies established, by the Board of Trustees and without regard to any limitations on contributions otherwise set forth in this Article, payments or repayments made for membership or creditable service allowed under this Article may be made by a member through rollover contributions to the Annuity Savings Fund from any of the following sources:

(1) An annuity contract described in Section 403(b) of the Internal Revenue Code.

(2) An eligible plan under Section 457(b) of the Internal Revenue Code that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state.

(3) An individual retirement account or annuity described in Section 408(a) or 408(b) of the Internal Revenue Code that is eligible to be rolled over and would otherwise be includible in gross income.

(4) A qualified plan described in Section 401(a) or 403(a) of the Internal Revenue Code.

No rollover contribution shall be made under this section, and the Retirement System shall not accept any amount as a rollover contribution, unless the amount required for the payment or repayment is eligible to be rolled over to a qualified trust in accordance with applicable law and the member provides evidence satisfactory to the Retirement System that the amount qualifies for rollover treatment. Unless received by the Retirement System in the form of a direct rollover, the rollover contribution must be paid to the Retirement System on or before the 60th day after the date it was received by the member.

(b1) Repealed by Session Laws 2024-10, s. 17(d), effective June 20, 2024.

(c) Purchase of Service Credits Through Plan-to-Plan Transfers. - Notwithstanding any other provision of this Article to the contrary, subject to the requirements of this section and any rules adopted, or policies established, by the Board of Trustees and without regard to any limitations on contributions otherwise set forth in this Article, payments or repayments made for membership or creditable service allowed under this Article may be made by a member through a direct transfer to the Annuity Savings Fund of funds from any of the following sources:

(1) An annuity contract described in Section 403(b) of the Internal Revenue Code.

(2) An eligible plan under Section 457(b) of the Internal Revenue Code that is maintained by a state, a political subdivision of a state, or any agency or instrumentality of a state or a political subdivision of a state.

(3) Supplemental Retirement Income Plans A, B, or C of North Carolina.

(4) Any other defined contribution plan qualified under Section 401(a) of the Internal Revenue Code that is maintained by the State of North Carolina, a political subdivision of the State or any other state, or any agency or instrumentality of the State or any other state or political subdivision of the State or any other state. (1983, c. 761, s. 238; 1987, c. 738, s. 31(b); 2002-71, s. 1; 2017-102, s. 18; 2020-29, s. 1(g); 2024-10, s. 17(d).)

§ 120-4.17.  Assets of retirement system.

(a) All of the assets of the Retirement System shall be credited according to the purpose for which they are held to one of two funds, either the Annuity Savings Fund or the Pension Accumulation Fund.

(b) The Annuity Savings Fund is the fund to which all members' contributions, and regular interest allowances provided for as in G.S. 135-7(b), shall be credited. From this fund shall be paid the accumulated contributions of a member.

(c) Upon the retirement of a member, his accumulated contributions  shall be transferred from the Annuity Savings Fund to the Pension Accumulation Fund. In the event that a retired former member should subsequently again become a member of the Retirement System as provided for in G.S. 120-4.11, any excess of his accumulated contributions at his date of retirement over the sum of the retirement allowance payments received by him since his date of retirement shall be transferred from the Pension Accumulation Fund to the Annuity Savings Fund and shall be credited to his individual account in the Annuity Savings Fund.

(d) The Pension Accumulation Fund is the fund in which accumulated  contributions by the State and amounts transferred from the Annuity Savings Fund in accordance with subsection (c) of this section and to which all income from the invested assets of the Retirement System are credited. From this fund is paid retirement allowances and any other benefits provided for under this Article except payments of accumulated contributions as provided in G.S. 120-4.14.

(e) The regular interest allowance on the members' accumulated contributions provided for as in G.S. 135-7(b) shall be transferred each year from the Pension Accumulation Fund to the Annuity Savings Fund. (1983, c. 761, s. 238.)

§ 120-4.18.  Management of funds.

The Board of Trustees shall manage the fund established by G.S. 120-4.17 pursuant to G.S. 135-7. (1983, c. 761, s. 238.)

§ 120-4.19.  Contributions by the members.

Effective upon convening of the 1985 Regular Session of the General Assembly, each member shall contribute by payroll deduction for each pay period for which he receives compensation seven percent (7%) of his compensation for the period.

Anything within this Article to the contrary notwithstanding, the State, pursuant to the provisions of Section 414(h)(2) of the Internal Revenue Code of 1954 as amended, shall pick up and pay the contributions which would be payable by the members under this section with respect to the services of such members rendered after the effective date of this paragraph. The members' contributions picked up by the State shall be designated for all purposes of the Retirement System as member contributions, except for the determination of tax upon a distribution from the System. These contributions shall be credited to the Annuity Savings Fund and accumulated within the Fund in a member's account which shall be separately established for the purpose of accounting for picked-up contributions. Member contributions picked up by the State shall be payable from the same source of funds used for the payment of compensation to a member. A deduction shall be made from a member's compensation equal to the amount of his contributions picked up by the State. This deduction, however, shall not reduce a member's compensation as defined in G.S. 120-4.8. Picked-up contributions shall be transmitted to the Retirement System monthly for the preceding month by means of a warrant drawn by the State payable to the Retirement System and shall be accompanied by a schedule of the picked-up contributions on such forms as may be prescribed. (1983, c. 761, s. 238; 1985, c. 400, s. 8; 2024-10, s. 18(f).)

§ 120-4.20.  Contributions by the State.

(a) Effective upon convening of the 1985 Regular Session of the General Assembly, the State shall contribute annually an amount equal to the sum of the "normal contribution" and the "accrued liability contribution."

(b) The normal contribution for any period shall be determined as a percentage, equal to the normal contribution rate, of the total compensation of the members for the period. The normal contribution rate shall be determined as the percentage represented by the ratio of (i) the annual normal cost to provide the benefits of the Retirement System, computed in accordance with recognized actuarial principles on the basis of methods and assumptions approved by the Board of Trustees, in excess of the part thereof provided by the members' contributions, to (ii) the total annual compensation of the members of the Retirement System.

(c) The accrued liability contribution for any period shall be determined as a percentage, equal to the accrued liability contribution rate, of the total compensation of the members for the period. The accrued liability contribution rate shall be determined as the percentage represented by the ratio of (i) the level annual contribution necessary to amortize the unfunded accrued liability over a period of 15 years, computed in accordance with recognized actuarial principles on the basis of methods and assumptions approved by the Board of Trustees, to (ii) the total annual compensation of the members of the Retirement System.

(d) The unfunded accrued liability as of any date shall be determined, in accordance with recognized actuarial principles on the basis of methods and assumptions approved by the Board of Trustees, as the excess of (i) the then present value of the benefits to be provided under the Retirement System in the future over (ii) the sum of the assets of the Retirement System then currently on hand in the Annuity Savings Fund and the Pension Accumulation Fund, plus the then present value of the stipulated contributions to be made in the future by the members, plus the then present value of the normal contributions expected to be made in the future by the State.

(e) The normal contribution rate and the accrued liability contribution rate shall be determined after each annual valuation of the Retirement System and shall remain in effect until a new valuation is made.

(f) The annual contributions by the State for any year shall be at  least sufficient, when combined with the amount held in the Pension Accumulation Fund at the start of the year, to provide the retirement  allowances and other benefits payable out of the fund during the current year. (1983, c. 761, s. 238.)

§ 120-4.21.  Service retirement benefits.

(a) Eligibility; Application. - Any member may retire with full benefits who has reached 65 years of age with five years of creditable service. Any member may retire with reduced benefits who has reached the age of 50 years with 20 years of creditable service or 60 years with five years of creditable service. The member shall make electronic submission or written application to the Board of Trustees to retire on a service retirement allowance on the first day of the particular calendar month he designates. The designated date shall be no less than one day nor more than 120 days from the filing of the application. During this period of notification, a member may separate from service without forfeiting his retirement benefits.

(b) Computation. - Upon retirement from service in accordance with subsection (a) of this section before July 1, 1990, a member shall receive a service retirement allowance computed as follows:

(1) For a member whose retirement date occurs on or after his 65th birthday and upon completion of five years of creditable service, four percent (4%) of his "highest annual salary," multiplied by the number of years of creditable service.

(2) For a member whose retirement date occurs on or after his 60th and before his 65th birthday and upon completion of five years of creditable service, computation as in subdivision (1) of this subsection, reduced by one-fourth of one percent (¼ of 1%) for each month his retirement date precedes his 65th birthday.

(b1) Computation. - Upon retirement from service in accordance with subsection (a) of this section on or after July 1, 1990, but before February 1, 1995, a member shall receive a service retirement allowance computed as follows:

(1) For a member whose retirement date occurs on or after his 65th birthday and upon completion of five years of creditable service, four and two-hundredths percent (4.02%) of his "highest annual salary," multiplied by the number of years of creditable service.

(2) For a member whose retirement date occurs on or after his 60th and before his 65th birthday and upon completion of five years of creditable service, computation as in subdivision (1) of this subsection, reduced by one-fourth of one percent (¼ of 1%) for each month his retirement date precedes his 65th birthday.

(b2) Computation. - Upon retirement from service in accordance with subsection (a) of this section on or after February 1, 1995, a member shall receive a service retirement allowance computed as follows:

(1) For a member whose retirement date occurs on or after his 65th birthday and upon completion of five years of creditable service, four and two-hundredths percent (4.02%) of his "highest annual salary", multiplied by the number of years of creditable service.

(2) For a member whose retirement date occurs on or after his 60th and before his 65th birthday and upon completion of five years of creditable service, computation as in subdivision (1) of this subsection, reduced by one-fourth of one percent (¼ of 1%) for each month his retirement date precedes his 65th birthday.

(3) For a member whose retirement date occurs on or after his 50th birthday and before his 60th birthday and upon completion of 20 years of creditable service, computation as in subdivision (2) of this subsection, reduced by the same percentage as provided for in Article 1 of Chapter 135 of the General Statutes.

(c) Limitations Applicable to Members Retiring Before September 1, 2005. - In no event shall any member receive a service retirement allowance greater than seventy-five percent (75%) of his "highest annual salary".

(d) Limitations Applicable to Members Retiring on or After September 1, 2005. - In no event shall any member receive a service retirement allowance greater than seventy-five percent (75%) of  the member's "highest annual salary" nor shall a member receive any service retirement allowance whatsoever while employed in a position that makes the member a contributing member of either the Teachers' and State Employees' Retirement System or the Consolidated Judicial Retirement System. If the member should become a member of either of these systems, payment of the member's service retirement allowance shall be suspended until the member withdraws from membership in that system. (1993 (Reg. Sess., 1994), c. 769, s. 7.30(p); 2001-424, s. 32.30(b); 2005-276, s. 29.30A(j); 2006-226, ss. 23(a), (b); 2007-431, s. 3; 2009-66, s. 12(k).)

§ 120-4.22.  Disability retirement benefits.

(a) Eligibility; Application. - Upon application by or on behalf of the member, any member in service who has completed at least five years of creditable service and who has not reached his 60th birthday may, after medical certification, be retired on a disability retirement allowance by the Board of Trustees on the first day of the particular calendar month designated by the applicant. The designated date shall be no less than one day nor more than 120 days from the filing of the application.

(b) Medical Certification. - After a medical examination of the member, the medical board shall certify to the Board of Trustees that the member is mentally or physically incapacitated for further performance of duty as a member of the General Assembly, that the incapacity was incurred at the time of active employment and has been continuous thereafter, that the incapacity is likely to be permanent and whether the member should be retired.

(c) Computation. - Upon retirement for disability pursuant to subsection (a) of this section, a member shall receive a disability retirement allowance equal to a service retirement allowance calculated on the basis of the member's "highest annual salary" and the creditable service he would have had by the age of 60 had he continued in service.

(d) Limitations. - In no event shall any member receive a disability retirement allowance greater than seventy-five percent (75%) of his "highest annual salary". (1983, c. 761, s. 238; 1983 (Reg. Sess., 1984), c. 1034, ss. 195, 196; 1987, c. 513, s. 1; c. 738, s. 31(d); 2001-424, s. 32.30(c); 2009-66, s. 3(l).)

§ 120-4.22A.  Post-retirement increases in allowances.

(a) Retired members and beneficiaries of the Retirement System shall receive post-retirement increases in allowances on the same basis as post-retirement increases in allowances are provided to retired members and beneficiaries of the Teachers' and State Employees' Retirement System.

(b) In accordance with subsection (a) of this section, from and after July 1, 1986, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1986, shall be increased by the same amount as provided to retired members and beneficiaries of the Teachers' and State Employees' Retirement System pursuant to the provisions of G.S. 135-5(ii) and (jj).

(c) In accordance with subsection (a) of this section, from and after July 1, 1987, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1987, shall be increased by the same amount as provided to retired members and beneficiaries of the Teachers' and State Employees' Retirement System pursuant to the provisions of G.S. 135-5(ii) and (jj).

(d) In accordance with subsection (a) of this section, from and after July 1, 1988, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1988, shall be increased by the same amount as provided to retired members and beneficiaries of the Teachers' and State Employees' Retirement System pursuant to the provisions of G.S. 135-5(ll) and (mm).

(e) In accordance with subsection (a) of this section, from and after July 1, 1989, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1989, shall be increased by the same amount as provided to retired members and beneficiaries of the Teachers' and State Employees' Retirement System pursuant to the provisions of G.S. 135-5(ll) and (mm).

(f) In accordance with subsection (a) of this section, from and after July 1, 1990, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1990, shall be increased by the same amount as provided to retired members and beneficiaries of the Teachers' and State Employees' Retirement System pursuant to the provisions of G.S. 135-5(rr) and (ss).

(g) In accordance with subsection (a) of this section, from and after July 1, 1992, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1992, shall be increased by one and six-tenths percent (1.6%) of the allowance payable on July 1, 1992. Furthermore, from and after July 1, 1992, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 1992, but before June 30, 1992, shall be increased by a prorated amount of one and six-tenths percent (1.6%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 1992 and June 30, 1992.

(h) In accordance with subsection (a) of this section, from and after July 1, 1993, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1993, shall be increased by one and six-tenths percent (1.6%) of the allowance payable on January 1, 1993. Furthermore, from and after July 1, 1993, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 1993, but before June 30, 1993, shall be increased by a prorated amount of one and six-tenths percent (1.6%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 1993, and June 30, 1993.

(i) In accordance with subsection (a) of this section, from and after July 1, 1994, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1994, shall be increased by three and one-half percent (3.5%) of the allowance payable on January 1, 1994. Furthermore, from and after July 1, 1994, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 1994, but before June 30, 1994, shall be increased by a prorated amount of three and one-half percent (3.5%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 1994, and June 30, 1994.

(j) In accordance with subsection (a) of this section, from and after July 1, 1995, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1995, shall be increased by two percent (2%) of the allowance payable on January 1, 1995. Furthermore, from and after July 1, 1995, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 1995, but before June 30, 1995, shall be increased by a prorated amount of two percent (2%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 1995, and June 30, 1995.

(k) In accordance with subsection (a) of this section, from and after September 1, 1996, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1996, shall be increased by four and four-tenths percent (4.4%) of the allowance payable on January 1, 1996. Furthermore, from and after September 1, 1996, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 1996, but before June 30, 1996, shall be increased by a prorated amount of four and four-tenths percent (4.4%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 1996, and June 30, 1996.

(l) In accordance with subsection (a) of this section, from and after July 1, 1997, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1997, shall be increased by four percent (4%) of the allowance payable on June 1, 1997. Furthermore, from and after July 1, 1997, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 1997, but before June 30, 1997, shall be increased by a prorated amount of four percent (4%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 1997, and June 30, 1997.

(m) In accordance with subsection (a) of this section, from and after July 1, 1998, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1998, shall be increased by two and one-half percent (2.5%) of the allowance payable on June 1, 1998. Furthermore, from and after July 1, 1998, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 1998, but before June 30, 1998, shall be increased by a prorated amount of two and one-half percent (2.5%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 1998, and June 30, 1998.

(n) In accordance with subsection (a) of this section, from and after July 1, 1999, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 1999, shall be increased by two and three-tenths percent (2.3%) of the allowance payable on June 1, 1999. Furthermore, from and after July 1, 1999, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 1999, but before June 30, 1999, shall be increased by a prorated amount of two and three-tenths percent (2.3%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 1999, and June 30, 1999.

(o) In accordance with subsection (a) of this section, from and after July 1, 2000, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 2000, shall be increased by three and six-tenths percent (3.6%) of the allowance payable on June 1, 2000. Furthermore, from and after July 1, 2000, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 2000, but before June 30, 2000, shall be increased by a prorated amount of three and six-tenths percent (3.6%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 2000, and June 30, 2000.

(p) In accordance with subsection (a) of this section, from and after July 1, 2001, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 2001, shall be increased by two percent (2%) of the allowance payable on June 1, 2001. Furthermore, from and after July 1, 2001, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 2001, but before June 30, 2001, shall be increased by a prorated amount of two percent (2%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 2001, and June 30, 2001.

(q) In accordance with subsection (a) of this section, from and after July 1, 2002, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 2002, shall be increased by one and four-tenths percent (1.4%) of the allowance payable on June 1, 2002. Furthermore, from and after July 1, 2002, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 2002, but before June 30, 2002, shall be increased by a prorated amount of one and four-tenths percent (1.4%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 2002, and June 30, 2002.

(r) In accordance with subsection (a) of this section, from and after July 1, 2003, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 2003, shall be increased by one and twenty-eight hundredths percent (1.28%) of the allowance payable on June 1, 2003. Furthermore, from and after July 1, 2003, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 2003, but before June 30, 2003, shall be increased by a prorated amount of one and twenty-eight hundredths percent (1.28%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 2003, and June 30, 2003.

(s) From and after July 1, 2004, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 2004, shall be increased by one and seven-tenths percent (1.7%) of the allowance payable on June 1, 2004, in accordance with G.S. 135-5(o). Furthermore, from and after July 1, 2004, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 2004, but before June 30, 2004, shall be increased by a prorated amount of one and seven-tenths percent (1.7%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 2004, and June 30, 2004.

(t) In accordance with subsection (a) of this section, from and after July 1, 2005, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 2005, shall be increased by two percent (2%) of the allowance payable on June 1, 2005. Furthermore, from and after July 1, 2005, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 2005, but before June 30, 2005, shall be increased by a prorated amount of two percent (2%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 2005, and June 30, 2005.

(u) In accordance with subsection (a) of this section, from and after July 1, 2006, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 2006, shall be increased by three percent (3%) of the allowance payable on June 1, 2006. Furthermore, from and after July 1, 2006, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 2006, but before June 30, 2006, shall be increased by a prorated amount of three percent (3%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 2006, and June 30, 2006.

(v) In accordance with subsection (a) of this section, from and after July 1, 2007, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 2007, shall be increased by two and two-tenths percent (2.2%) of the allowance payable on June 1, 2007. Furthermore, from and after July 1, 2007, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 2007, but before June 30, 2007, shall be increased by a prorated amount of two and two-tenths percent (2.2%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 2007, and June 30, 2007.

(w) In accordance with subsection (a) of this section, from and after July 1, 2008, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 2008, shall be increased by two and two-tenths percent (2.2%) of the allowance payable on June 1, 2008. Furthermore, from and after July 1, 2008, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 2008, but before June 30, 2008, shall be increased by a prorated amount of two and two-tenths percent (2.2%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 2008, and June 30, 2008.

(x) In accordance with subsection (a) of this section, from and after July 1, 2012, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 2012, shall be increased by one percent (1%) of the allowance payable on June 1, 2012. Furthermore, from and after July 1, 2012, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 2012, but before June 30, 2012, shall be increased by a prorated amount of one percent (1%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 2012, and June 30, 2012.

(y) In accordance with subsection (a) of this section, from and after July 1, 2014, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 2014, shall be increased by one percent (1%) of the allowance payable on June 1, 2014. Furthermore, from and after July 1, 2014, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 2014, but before June 30, 2014, shall be increased by a prorated amount of one percent (1%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 2014, and June 30, 2014.

(z) In accordance with subsection (a) of this section, on or before October 31, 2016, a one-time cost-of-living supplement payment shall be made to or on account of beneficiaries who are living as of September 1, 2016, and whose retirement commenced on or before September 1, 2016. The payment shall be one and six-tenths percent (1.6%) of the beneficiary's annual retirement allowance payable as of September 1, 2016, and shall not be prorated for date of retirement commencement. If the beneficiary dies before the payment is made, then the payment shall be payable to the member's legal representative. No beneficiary shall be deemed to have acquired a vested right to any future supplemental payments.

(aa) In accordance with subsection (a) of this section, from and after July 1, 2017, the retirement allowance to or on account of beneficiaries whose retirement commenced on or before January 1, 2017, shall be increased by one percent (1%) of the allowance payable on June 1, 2017. Furthermore, from and after July 1, 2017, the retirement allowance to or on account of beneficiaries whose retirement commenced after January 1, 2017, but before June 30, 2017, shall be increased by a prorated amount of one percent (1%) of the allowance payable as determined by the Board of Trustees based upon the number of months that a retirement allowance was paid between January 1, 2017, and June 30, 2017.

(bb) In accordance with subsection (a) of this section, on or before October 31, 2018, a one-time cost-of-living supplement payment shall be made to or on account of beneficiaries who are living as of September 1, 2018, and whose retirement commenced on or before September 1, 2018. The payment shall be one percent (1%) of the beneficiary's annual retirement allowance payable as of September 1, 2018, and shall not be prorated for date of retirement commencement. If the beneficiary dies before the payment is made, then the payment shall be payable to the member's legal representative. No beneficiary shall be deemed to have acquired a vested right to any future supplemental payments.

(cc) In accordance with subsection (a) of this section, on or before December 31, 2021, a one-time cost-of-living supplement payment shall be made to or on account of beneficiaries who are living as of September 1, 2021, and whose retirement commenced on or before September 1, 2021. The payment shall be two percent (2%) of the beneficiary's annual retirement allowance payable as of September 1, 2021, and shall not be prorated for date of retirement commencement. If the beneficiary dies before the payment is made, then the payment shall be payable to the member's legal representative. No beneficiary shall be deemed to have acquired a vested right to any future supplemental payments.

(dd) In accordance with subsection (a) of this section, after September 1, 2022, but on or before October 31, 2022, a one-time cost-of-living supplement payment shall be made to or on account of beneficiaries who are living as of September 1, 2022, and whose retirement commenced on or before September 1, 2022. The payment shall be four percent (4%) of the beneficiary's annual retirement allowance payable as of September 1, 2022, and shall not be prorated for date of retirement commencement. If the beneficiary dies before the payment is made, then the payment shall be payable to the member's legal representative. No beneficiary shall be deemed to have acquired a vested right to any future supplemental payments.

(ee) In accordance with subsection (a) of this section, on or before November 30, 2023, a one-time cost-of-living supplement payment shall be made to or on account of beneficiaries who are living as of October 1, 2023, and whose retirement commenced on or before October 1, 2023. The payment shall be four percent (4%) of the beneficiary's annual retirement allowance payable as of October 1, 2023, and shall not be prorated for date of retirement commencement. If the beneficiary dies before the payment is made, then the payment shall be payable to the member's legal representative. No beneficiary shall be deemed to have acquired a vested right to any future supplemental payments. (1985 (Reg. Sess., 1986), c. 1014, s. 49(c); 1987, c. 738, s. 27(d); 1987 (Reg. Sess., 1988), c. 1086, s. 22(d); 1989, c. 752, s. 41(d); 1989 (Reg. Sess., 1990), c. 1077, s. 11; 1991 (Reg. Sess., 1992), c. 900, s. 53(d); 1993, c. 321, s. 74(a); 1993 (Reg. Sess., 1994), c. 769, s. 7.30(k); 1995, c. 507, s. 7.22(c); 1996, 2nd Ex. Sess., c. 18, s. 28.21(c); 1997-443, s. 33.22(f); 1998-153, s. 21(c); 1999-237, s. 28.23(c); 2000-67, s. 26.20(f); 2001-424, s. 32.22(c); 2002-126, s. 28.8(d); 2003-284, s. 30.17(c); 2004-124, s. 31.17(c); 2005-276, s. 29.25(c); 2006-66, s. 22.18(b); 2007-323, s. 28.20(c); 2008-107, s. 26.23(c); 2012-142, s. 25.13(c); 2014-100, s. 35.14(c); 2016-94, s. 36.21(c); 2017-57, s. 35.19A(c); 2018-5, s. 35.28(c); 2021-180, s. 39.23(c); 2022-74, s. 39.20(c); 2023-134, s. 39.27(c).)

§ 120-4.23.  Reexamination for disability retirement allowance.

Any disability retiree who has not reached age 65 shall be reexamined pursuant to G.S. 135-5(e). After he reaches age 65, no further examinations are required. (1983, c. 761, s. 238.)

§ 120-4.24.  Return to membership of former member.

If a retired former member of the Retirement System or of the Legislative Retirement Fund returns to service as a member of the General Assembly, his retirement allowance shall cease and he shall be restored as a member of the Retirement System. The computation of the amount of benefits to which he may subsequently become entitled under this Article shall be computed as follows:

Upon his subsequent retirement, he shall be paid a retirement allowance determined as follows:

(1) For a member who earns at least three years' membership service after restoration to service, the retirement allowance shall be computed on the basis of his compensation and service before and after the period of prior retirement without restrictions.

(2) For a member who does not earn three years' membership service after restoration to service, the retirement allowance shall be equal to the sum of the retirement allowance to which he would have been entitled had he not been restored to service, without modification of the election of an optional allowance previously made, and the retirement allowance that results from service earned since being restored to service. (1983, c. 761, s. 238; 1987, c. 738, s. 39(a).)

§ 120-4.25.  Return of accumulated contributions.

If a member ceases to be a member of the General Assembly except by death or retirement, the member shall, upon submission of an application, be paid not earlier than 60 days following the date of termination of service the sum of the member's accumulated contributions provided the member has not in the meantime returned to service. Upon payment of this sum his or her membership in the System ceases. If the individual becomes a member afterwards, no credit shall be allowed for any service previously rendered except as provided in G.S. 120-4.14 and the payment shall be in full and complete discharge of any rights in or to any benefits otherwise payable under this Article. Upon receipt of proof satisfactory to the Board of Trustees of the death, prior to retirement, of a member or former member, there shall be paid to the person or persons the member or former member nominated by electronic submission in a form approved by the Board of Trustees or by written designation duly acknowledged and filed with the Board of Trustees, if the person or persons are living at the time of the member's death, otherwise to the member's legal representatives, the amount of the member's accumulated contributions at the time of the member's death, unless the beneficiary elects to receive the alternate benefit under the provisions of G.S. 120-4.28. (1983, c. 761, s. 238; 1983 (Reg. Sess., 1984), c. 1034, s. 197; 1987, c. 738, s. 31(e); 1993, c. 531, s. 1; 2009-66, s. 11(k); 2014-88, s. 2(c); 2017-129, s. 3(f).)

§ 120-4.26.  Benefit payment options.

(a) Any member may elect to receive benefits in a retirement allowance payable throughout life, or the member may elect to receive the actuarial equivalent of the retirement allowance in a reduced allowance payable throughout life under the provisions of one of the options set forth in this section. No election may be made after the first payment becomes normally due and the first payment date has occurred, nor may an election be revoked or a nomination changed, except as provided for by this section.

(b) If a member dies after the effective date of retirement for which the member has been approved, then one of the following shall apply:

(1) If the Board of Trustees has received an election of benefits under this section that is properly filed and acknowledged by the member and the member dies before the date when the first payment on account of any benefit normally becomes due and the first benefit payment has occurred, then the retirement benefit shall be payable as provided for by the member's election of benefits.

(2) If the member dies prior to the receipt by the Board of Trustees of an election of benefits under this section that is properly filed and acknowledged by the member, then one of the following shall apply:

a. If the member has no designated beneficiary for a return of accumulated contributions, then the administrator or executor of the member's estate shall elect an option under this section and name the beneficiary or beneficiaries.

b. If the member has only one designated beneficiary for a return of accumulated contributions, then that beneficiary may elect to receive the benefit.

c. If the member has more than one designated beneficiary for a return of accumulated contributions, then the administrator or executor of the member's estate shall elect an option under this section and name the beneficiary or beneficiaries.

(c) The election of Option 2 or Option 3 or the nomination of the person under either of those options shall be revoked if the person nominated dies prior to the date the first payment becomes normally due and the first payment date has occurred. The election may be revoked by the member prior to the date the first payment becomes normally due and the first payment date has occurred.

(d) If a member has elected Option 2 or Option 3 and nominated his or her spouse to receive a retirement allowance upon the member's death, and the spouse predeceases the member after the first payment becomes normally due or the first payment date has occurred and the member remarries, then, within 90 days of the remarriage, the member may nominate a new spouse to receive the retirement allowance under the previously elected option. The new nomination shall be effective on the first day of the month in which it is made and shall provide for a retirement allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately prior to the effective date of the new nomination.

(e) Any member having elected Options 2 or 3 and nominated his or her spouse to receive a retirement allowance upon the member's death may, after divorce from that spouse, revoke the nomination and elect a new option, effective on the first day of the month in which the new option is elected, providing for a retirement allowance computed to be the actuarial equivalent to the retirement allowance in effect immediately prior to the effective date of the new option.

(f) The benefit payment options under this section are as follows:

(1) Option 1. - For Members Retiring Prior to July 1, 1993. - If a member dies within 10 years from the member's retirement date, an amount equal to the member's accumulated contributions at retirement, less one-one hundred twentieth (1/120) for each month for which the member has received a retirement allowance payment, shall be paid to the member's legal representative or to the person the member nominates by written designation acknowledged and filed with the Board of Trustees.

(2) Option 2. - Upon a member's death, the member's reduced retirement allowance shall be continued throughout the life of and paid to the person the member nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of the member's retirement. If the person selected is other than the member's spouse, then the reduced retirement allowance payable to the member shall not be less than one half of the retirement allowance without optional modification which would otherwise be payable to the member.

(3) Option 3. - Upon a member's death, one half of the member's reduced retirement allowance shall be continued throughout the life of and paid to the person the member nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of the member's retirement. (1983, c. 761, s. 238; 1985, c. 649, s. 9; 1993, c. 321, s. 74.1(a); 1998-212, s. 28.26(a); 2023-105, s. 5.3; 2024-8, s. 4(a).)

§ 120-4.26A.  Benefits on death after retirement.

In the event of the death of a retired member while in receipt of a retirement allowance under the provisions of this Article, there shall be paid to such person or persons as the retiree shall have nominated by electronic submission in a form approved by the Board of Trustees or by written designation duly acknowledged and filed with the Board of Trustees, if such person or persons are living at the time of the retiree's death, otherwise to the retiree's legal representatives, a death benefit equal to the excess, if any, of the accumulated contributions of the retiree at the date of retirement over the total of the retirement allowances paid prior to the death of the retiree.

In the event that a retirement allowance becomes payable to the designated survivor of a retired member under the provisions of G.S. 120-4.26 and such retirement allowance to the survivor shall terminate upon the death of the survivor before the total of the retirement allowances paid to the retiree and the designated survivor combined equals the amount of the accumulated contributions of the retiree at the date of retirement, the excess, if any, of such accumulated contributions over the total of the retirement allowances paid to the retiree and the survivor combined shall be paid in a lump sum to such person or persons as the retiree shall have nominated by electronic submission in a form approved by the Board of Trustees or by written designation duly acknowledged and filed with the Board of Trustees, if such person or persons are living at the time such payment falls due, otherwise to the retiree's legal representative. (1993, c. 321, s. 74.1(b); 2009-66, s. 11(l).)

§ 120-4.27.  Death benefit.

The designated beneficiary of a member who dies while in service after completing one year of creditable service shall receive a lump-sum payment of an amount equal to the deceased member's highest annual salary, to a maximum of fifteen thousand dollars ($15,000). For purposes of this death benefit "in service" means currently serving as a member of the North Carolina General Assembly. "In service" also means service in the Uniformed Services, as that term is defined in section 4303(16) of the Uniformed Services Employment and Reemployment Rights Act, Public Law 103-353, if that service begins during the member's term of office. If the participant does not return immediately after that service to employment with a covered employer in this System, then the participant shall be deemed "in service" until the date on which the participant was first eligible to be separated or released from his or her involuntary military service.

The death benefit provided by this section shall be designated a group life insurance benefit payable under an employee welfare benefit plan that is separate and apart from the Retirement System but under which the members of the Retirement System shall participate and be eligible for group life insurance benefits. The Board of Trustees is authorized to provide the death benefit in the form of group life insurance either by purchasing a contract or contracts of group life insurance with any life insurance company or companies licensed and authorized to transact business in the State of North Carolina for the purpose of insuring the lives of qualified members in service, or by establishing or affiliating with a separate trust fund.

Upon receipt of proof, satisfactory to the Board of Trustees, of the death of a retired member of the Retirement System or Retirement Fund on or after July 1, 1988, but before January 1, 1999, there shall be paid a death benefit to the surviving spouse of a deceased retired member, or to the deceased retired member's legal representative if not survived by a spouse; provided the retired member has elected, when first eligible, to make, and has continuously made, in advance of his death required contributions as determined by the Retirement System on a fully contributory basis, through retirement allowance deductions or other methods adopted by the Retirement System, to a group death benefit trust fund administered by the Board of Trustees separate and apart from the Retirement System's Annuity Savings Fund and Pension Accumulation Fund. This death benefit shall be a lump-sum payment in the amount of five thousand dollars ($5,000) upon the completion of twenty-four months of contributions required under this subsection. Should death occur before the completion of twenty-four months of contributions required under this subsection, the deceased retired member's surviving spouse or legal representative if not survived by a spouse shall be paid the sum of the retired member's contributions required by this subsection plus interest to be determined by the Board of Trustees.

Upon receipt of proof, satisfactory to the Board of Trustees, of the death of a retired member of the Retirement System or Retirement Fund on or after January 1, 1999, but before July 1, 2004, there shall be paid a death benefit to the surviving spouse of a deceased retired member, or to the deceased retired member's legal representative if not survived by a spouse; provided the retired member has elected, when first eligible, to make, and has continuously made, in advance of his death required contributions as determined by the Retirement System on a fully contributory basis, through retirement allowance deductions or other methods adopted by the Retirement System, to a group death benefit trust fund administered by the Board of Trustees separate and apart from the Retirement System's Annuity Savings Fund and Pension Accumulation Fund. This death benefit shall be a lump-sum payment in the amount of six thousand dollars ($6,000) upon the completion of 24 months of contributions required under this subsection. Should death occur before the completion of 24 months of contributions required under this subsection, the deceased retired member's surviving spouse or legal representative if not survived by a spouse shall be paid the sum of the retired member's contributions required by this subsection plus interest to be determined by the Board of Trustees.

Upon receipt of proof, satisfactory to the Board of Trustees, of the death of a retired member of the Retirement System or Retirement Fund on or after July 1, 2004, but before July 1, 2007, there shall be paid a death benefit to the surviving spouse of a deceased retired member, or to the deceased retired member's legal representative if not survived by a spouse; provided the retired member has elected, when first eligible, to make, and has continuously made, in advance of his death required contributions as determined by the Retirement System on a fully contributory basis, through retirement allowance deductions or other methods adopted by the Retirement System, to a group death benefit trust fund administered by the Board of Trustees separate and apart from the Retirement System's Annuity Savings Fund and Pension Accumulation Fund. This death benefit shall be a lump-sum payment in the amount of nine thousand dollars ($9,000) upon the completion of 24 months of contributions required under this subsection. Should death occur before the completion of 24 months of contributions required under this subsection, the deceased retired member's surviving spouse or legal representative if not survived by a spouse shall be paid the sum of the retired member's contributions required by this subsection plus interest to be determined by the Board of Trustees.

Upon receipt of proof, satisfactory to the Board of Trustees, of the death of a retired member of the Retirement System or Retirement Fund on or after July 1, 2007, but before January 1, 2015, there shall be paid a death benefit to the surviving spouse of a deceased retired member, or to the deceased retired member's legal representative if not survived by a spouse; provided the retired member has elected, when first eligible, to make, and has continuously made, in advance of his death required contributions as determined by the Retirement System on a fully contributory basis, through retirement allowance deductions or other methods adopted by the Retirement System, to a group death benefit trust fund administered by the Board of Trustees separate and apart from the Retirement System's Annuity Savings Fund and Pension Accumulation Fund. This death benefit shall be a lump-sum payment in the amount of ten thousand dollars ($10,000) upon the completion of 24 months of contributions required under this subsection. Should death occur before the completion of 24 months of contributions required under this subsection, the deceased retired member's surviving spouse or legal representative if not survived by a spouse shall be paid the sum of the retired member's contributions required by this subsection plus interest to be determined by the Board of Trustees.

Upon receipt of proof, satisfactory to the Board of Trustees, of the death of a retired member of the Retirement System or Retirement Fund on or after January 1, 2015, there shall be paid a death benefit to the person or persons designated by the member or, if not survived by a designated beneficiary, to the deceased retired member's legal representative; provided the retired member has elected, when first eligible, to make, and has continuously made, in advance of the member's death required contributions as determined by the Retirement System on a fully contributory basis, through retirement allowance deductions or other methods adopted by the Retirement System, to a group death benefit trust fund, the North Carolina Teachers' and State Employees' Benefit Trust, administered by the Board of Trustees separate and apart from the Retirement System's Annuity Savings Fund and Pension Accumulation Fund. Employer and non-employer contributions to the Benefit Trust and earnings on those contributions are irrevocable. The assets of the Benefit Trust are dedicated to providing benefits to members and beneficiaries in accordance with the Plan's benefit terms. The assets of the Benefit Trust are not subject to the claims of creditors of the employees and non-employees making contributions to the Benefit Trust, are not subject to the claims of any creditors of the Benefit Trust's trustees and administrators, and are not subject to the claims of creditors of members and beneficiaries. Benefit Trust assets may be used for reasonable expenses to administer benefits provided by the Fund as approved by the Board of Trustees.

The death benefit payable under this subsection shall be a lump-sum payment in the amount of ten thousand dollars ($10,000) upon the completion of 24 months of contributions required under this subsection. Should death occur before the completion of 24 months of contributions required under this subsection, the deceased retired member's designated beneficiary or beneficiaries, or legal representative if not survived by a designated beneficiary, shall be paid the sum of the retired member's contributions required by this subsection plus interest to be determined by the Board of Trustees. (1983, c. 761, s. 238; 1985, c. 400, s. 9; 1987, c. 824, s. 1; 1998-212, s. 28.27(d); 2004-147, s. 4; 2007-496, s. 3; 2009-66, s. 6(d); 2014-112, s. 3(d); 2017-129, s. 2(q); 2022-16, s. 4.1; 2023-105, s. 1.3.)

§ 120-4.28.  Survivor's alternate benefit.

The designated beneficiary of a member who dies in service before retirement but after age 60 and after completing five years of creditable service or after completing 12 years of creditable service is entitled to Option 2 prescribed by G.S. 120-4.26.

In the event that a retirement allowance becomes payable to the principal beneficiary designated to receive a return of accumulated contributions pursuant to this subsection and that beneficiary dies before the total of the retirement allowances paid equals the amount of those accumulated contributions over the total of the retirement allowances paid to the beneficiary, the allowance shall be paid in a lump sum to the person or persons the member has designated as the contingent beneficiary for return of accumulated contributions, if the person or persons are living at the time the payment falls due, otherwise to the principal beneficiary's legal representative. In the event that a retirement allowance becomes payable to the contingent beneficiary designated to receive a return of accumulated contributions pursuant to subsection (m) of this section and that beneficiary dies before the total of the retirement allowances paid equals the amount of the accumulated contributions of the member at the date of the member's death, the excess of those accumulated contributions over the total of the retirement allowances paid to the beneficiary shall be paid in a lump sum to the contingent beneficiary's legal representative. (1983, c. 761, s. 238; 1983 (Reg. Sess., 1984), c. 1034, s. 199; 1985, c. 400, s. 3; 1987, c. 738, ss. 31(d), 37(c); 2012-130, s. 5; 2023-105, s. 7.3.)

§ 120-4.29.  Exemption from garnishment, attachment.

Except for the applications of the provisions of G. S. 110-136, and in connection with a court-ordered equitable distribution under G.S. 50-20, the right of a person to a pension, annuity, or retirement allowance, to the return of contributions, or to the receipt of the pension, annuity or retirement allowance itself, any optional benefit or any other right accrued or accruing to any person under the provisions of this Article, and the moneys in the various funds created by this Article, are exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and shall be unassignable except as this Article specifically provides. Notwithstanding any provisions to the contrary, any overpayment of benefits or erroneous payments to a member in a State-administered retirement system, the Disability Salary Continuation Plan, or the Disability Income Plan of North Carolina, including any benefits paid to, or State Health Plan premiums or claims paid on behalf of, any member who is later determined to have been ineligible for those benefits or unentitled to those amounts, may be offset against any retirement allowance, return of contributions, or any other right accruing under this Article to the same person, the person's estate, or designated beneficiary. (1983, c. 761, s. 238; 1985, c. 402; c. 649, s. 5; 1989, c. 792, s. 2.2; 1991, c. 636, s. 13; 2017-135, s. 9(c).)

§ 120-4.30.  Termination or partial termination; discontinuance of contributions.

In the event of the termination or partial termination of the Retirement System or in the event of complete discontinuance of contributions under the Retirement System, the rights of all affected members to benefits accrued to the date of such termination, partial termination, or discontinuance, to the extent funded as of such date, or the amounts credited to the members' accounts, shall be nonforfeitable and fully vested. (1987, c. 177, s. 1(a), (b).)

§ 120-4.31.  Internal Revenue Code compliance.

(a) Notwithstanding any other provisions of law to the contrary, compensation for any calendar year after 1988 in which employee or employer contributions are made and for which annual compensation is used for computing any benefit under this Article shall not exceed the higher of two hundred thousand dollars ($200,000) or the amount determined by the Commissioner of Internal Revenue as the limitation for calendar years after 1989; provided the imposition of the limitation shall not reduce a member's benefit below the amount determined as of December 31, 1988.

Effective January 1, 1996, the annual compensation of a member taken into account for determining all benefits provided under this Article shall not exceed one hundred fifty thousand dollars ($150,000), as adjusted pursuant to section 401(a)(17)(B) of the Internal Revenue Code and any regulations issued under the Code. However, with respect to a person who became a member of the Retirement System prior to January 1, 1996, the imposition of this limitation on compensation shall not reduce the amount of compensation which may be taken into account for determining the benefits of that member under this Article below the amount of compensation which would have been recognized under the provisions of this Article in effect on July 1, 1993.

Effective January 1, 2002, the annual compensation of a person, who became a member of the Retirement System on or after January 1, 1996, taken into account for determining all benefits accruing under this Article for any plan year after December 31, 2001, shall not exceed two hundred thousand dollars ($200,000) or the amount otherwise set by the Internal Revenue Code or determined by the Commissioner of Internal Revenue as the limitation for calendar years after 2002.

All the provisions in this subsection have been enacted to make clear that the Plan shall not base contributions or Plan benefits on annual compensation in excess of the limits prescribed by Section 401(a)(17) of the Internal Revenue Code, as adjusted from time to time, subject to certain federal grandfathering rules.

(b) Notwithstanding any other provisions of law to the contrary, the annual benefit payable on behalf of a member shall, if necessary, be reduced to the extent required by Section 415(b) and with respect to calendar years commencing prior to January 1, 2000, Section 415(e) of the Internal Revenue Code, as adjusted by the Secretary of the Treasury or his delegate pursuant to Section 415(d) of the Code. If a member is a participant under any qualified defined contributions plan that is required to be taken into account for the purposes of the limitation contained in Section 415 of the Internal Revenue Code, the annual benefit payable under this Article shall be reduced to the extent required by Section 415(e) prior to making any reduction under the defined contribution plan provided by the employer. However, with respect to a member who has benefits accrued under this Article but whose benefit had not commenced as of December 31, 1999, the combined plan limitation contained in Section 415(e) of the Internal Revenue Code shall not be applied to such member for calendar years commencing on or after January 1, 2000.

(c) On and after September 8, 2009, and for all Plan years to which the minimum distribution rules of the Internal Revenue Code are applicable, with respect to any member who has terminated employment, the Plan shall comply with federal income tax minimum distribution rules by applying a reasonable and good faith interpretation to Section 401(a)(9) of the Internal Revenue Code.

(c1) A member who has contributions in this System and is not eligible for a retirement benefit as set forth in G.S. 120-4.21 shall be paid his or her contributions in a lump sum as provided in G.S. 120-4.25 by April 1 of the calendar year following the later of the calendar year in which the member (i) attains the applicable age under section 401(a)(9)(C)(v) of the Internal Revenue Code or (ii) has ceased to be a member of the General Assembly, except by death. If the member fails, following reasonable notification, to complete a refund application by the required date, then the requirement that a refund application be completed shall be waived and the refund shall be paid without a refund application as a single lump-sum payment with applicable required North Carolina and federal income taxes withheld.

A member who has contributions in this System and is eligible for a retirement benefit as set forth in G.S. 120-4.21 shall begin to receive a monthly benefit no later than April 1 of the calendar year following the later of the calendar year in which the member (i) attains the applicable age under section 401(a)(9)(C)(v) of the Internal Revenue Code or (ii) has ceased to be a member of the General Assembly, except by death. If the member fails, following reasonable notification, to complete the retirement process under this Article by the required beginning date, then the requirement that a retirement application and an election of payment plan form be completed shall be waived and the retirement allowance shall be paid as a single life annuity. The single life annuity shall be calculated and processed in accordance with G.S. 120-4.21.

For purposes of this subsection, a member shall not be considered to have ceased to be a member of the General Assembly if the member is actively contributing to the Teachers' and State Employees' Retirement System, Local Governmental Employees' Retirement System, or Consolidated Judicial Retirement System. A retirement benefit or lump-sum refund shall not be paid under this subsection if the member is actively contributing to the Teachers' and State Employees' Retirement System, Local Governmental Employees' Retirement System, or Consolidated Judicial Retirement System."

(d) This subsection applies to distributions and rollovers from the Plan. The Plan does not have mandatory distributions within the meaning of Section 401(a)(31) of the Internal Revenue Code. With respect to distributions from the Plan and notwithstanding any other provision of the Plan to the contrary that would otherwise limit a distributee's election under this Article, a distributee (including, after December 31, 2006, a non-spouse beneficiary if that non-spouse beneficiary elects a direct rollover only to an inherited traditional or Roth IRA as permitted under applicable federal law) may elect, at the time and in the manner prescribed by the Plan administrator, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. As used in this subsection, an "eligible retirement plan" means an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) of the Code, on and after January 1, 2009, a Roth IRA, or a qualified trust described in Section 401(a) of the Code, that accepts the distributee's eligible rollover distribution. Effective on and after January 1, 2002, an eligible retirement plan also means an annuity contract described in Section 403(b) of the Code and an eligible plan under Section 457(b) of the Code that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into that plan from this Plan. As used in this subsection, a "direct rollover" is a payment by the Plan to the eligible retirement plan specified by the distributee. Provided, an eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution shall not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of 10 years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Code; and the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net realized appreciation with respect to employer securities). Effective as of January 1, 2002, and notwithstanding the exclusion of any after-tax portion from such a rollover distribution in the preceding sentence, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions that are not includible in gross income. That portion may be transferred, pursuant to applicable federal law, to an individual retirement account or annuity described in Section 408(a) or (b) of the Code, to a qualified defined benefit plan, or to a qualified defined contribution plan described in Section 401(a), 403(a), or 403(b) of the Code that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. The definition of eligible retirement plan shall also apply in the case of a distribution to surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Internal Revenue Code, or a court-ordered equitable distribution of marital property, as provided under G.S. 50-20.1. Effective on and after January 1, 2007, notwithstanding any other provision of this subsection, a nonspouse beneficiary of a deceased member may elect, at the time and in the manner prescribed by the administrator of the Board of Trustees of this Retirement System, to directly roll over any portion of the beneficiary's distribution from the Retirement System; however, such rollover shall conform with the provisions of section 402(c)(11) of the Code. (1989, c. 276, s. 1; 1993, c. 531, s. 2; 1995, c. 361, s. 4; 2002-71, s. 2; 2009-66, s. 1(c); 2012-130, s. 4(a); 2015-164, s. 10(d); 2020-48, s. 1.2(d); 2024-9, s. 3(d).)

§ 120-4.32.  Deduction for payments allowed.

(a) Any beneficiary who is a member of a domiciled employees' or retirees' association that has at least 2,000 members, the majority of whom are active or retired employees of the State or public school employees, may authorize, in writing, the periodic deduction from the beneficiary's retirement benefits a designated lump sum to be paid to the employees' or retirees' association. The authorization shall remain in effect until revoked by the beneficiary. A plan of deductions pursuant to this section shall become void if the employees' or retirees' association engages in collective bargaining with the State, any political subdivision of the State, or any local school administrative unit.

(b) Any beneficiary eligible for coverage under the State Health Plan may also authorize, in writing, the monthly deduction from the beneficiary's retirement benefits of a designated lump sum to be paid to the State Health Plan for any dependent whom the beneficiary wishes to cover under the State Health Plan. In the event that the beneficiary's own State Health Plan coverage is contributory, in whole or in part, the beneficiary may also authorize a designated lump sum to be paid to the State Health Plan on behalf of the beneficiary. In addition, a beneficiary may similarly authorize the deduction for supplemental voluntary insurance benefits, provided that the deduction is authorized by the Department of State Treasurer and is payable to a company with which the Department of State Treasurer has or had an exclusive contractual relationship. Any such authorization shall remain in effect until revoked by the beneficiary. (2002-126, s. 6.4(d); 2012-178, s. 4(a).)

§ 120-4.33.  Forfeiture of retirement benefits for certain felonies.

(a) Except as provided in G.S. 120-4.12(f), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony under the federal laws listed in subsection (b) of this section or the laws of this State listed in subsection (c) of this section if all of the following apply:

(1) The federal or State offense is committed while serving as a member of the General Assembly.

(2) The conduct on which the federal or State offense is based is directly related to the member's service as a member of the General Assembly.

(b) The federal offenses covered by this section are as follows:

(1) A felony violation of 18 U.S.C. § 201 (Bribery of public officials and witnesses), 18 U.S.C. § 286 (Conspiracy to defraud the Government with respect to claims), 18 U.S.C. § 287 (False, fictitious or fraudulent claims), 18 U.S.C. § 371 (Conspiracy to commit offense or to defraud United States), 18 U.S.C. § 597 (Expenditures to influence voting), 18 U.S.C. § 599 (Promise of appointment by candidate), 18 U.S.C. § 606 (Intimidation to secure political contributions), 18 U.S.C. § 641 (Public money, property, or records), 18 U.S.C. § 666 (Embezzlement and theft), 18 U.S.C. § 1001 (Statements or entries generally), 18 U.S.C. § 1341 (Frauds and swindles), 18 U.S.C. § 1343 (Fraud by wire, radio, or television), 18 U.S.C. § 1503 (Influencing or injuring officer or juror generally), 18 U.S.C. § 1951 (Interference with commerce by threats or violence), 18 U.S.C. § 1952 (Interstate and foreign travel or transportation in aid of racketeering enterprises), 18 U.S.C. § 1956 (Laundering of monetary instruments), 18 U.S.C. § 1962 (Prohibited activities), or section 7201 of the Internal Revenue Code (Attempt to evade or defeat tax).

(2) Reserved for future codification purposes.

(c) The offenses under the laws of this State covered by this section are as follows:

(1) A felony violation of Article 29, 30, or 30A of Chapter 14 of the General Statutes (Relating to bribery, obstructing justice, and secret listening) or G.S. 14-228 (Buying and selling offices), or Part 1 of Article 14 of Chapter 120 of the General Statutes (Code of Legislative Ethics), Article 20 or 22 of Chapter 163 of the General Statutes (Relating to absentee ballots, corrupt practices and other offenses against the elective franchise, and regulating of contributions and expenditures in political campaigns).

(2) Perjury or false information as follows:

a. Perjury committed under G.S. 14-209 in falsely denying the commission of an act that constitutes an offense within the purview of an offense listed in subdivision (1) of subsection (c) of this section.

b. Subornation of perjury committed under G.S. 14-210 in connection with the false denial of another as specified by subdivision (2) of this subsection.

c. Perjury under Article 22A of Chapter 163 of the General Statutes.

(d) All monies forfeited under this section shall be remitted to the Civil Penalty and Forfeiture Fund. (2007-179, s. 1(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

§ 120-4.33A.  Forfeiture of retirement benefits for certain felonies related to employment or holding office.

(a) Except as provided in G.S. 120-4.12(g), the Board of Trustees shall not pay any retirement benefits or allowances, except for a return of member contributions plus interest, to any member who is convicted of any felony under federal law or the laws of this State if all of the following apply:

(1) The offense is committed while the member is serving as a member of the General Assembly.

(2) The conduct resulting in the member's conviction is directly related to the member's office.

(b) Repealed by Session Laws 2020-48, s. 4.3(d), effective June 26, 2020.

(c) If a member or former member whose benefits under the System were forfeited under this section, except for the return of member contributions plus interest, subsequently receives an unconditional pardon of innocence, or the conviction is vacated or set aside for any reason, then the member or former member may seek a reversal of the benefit forfeiture by presenting sufficient evidence to the State Treasurer. If the State Treasurer determines a reversal of the benefit forfeiture is appropriate, then all benefits will be restored upon repayment of all accumulated contributions plus interest. Repayment of all accumulated contributions that have been received by the individual under the forfeiture provisions of this section must be made in a total lump-sum payment with interest compounded annually at a rate of six and one-half percent (6.5%) for each calendar year from the year of forfeiture to the year of repayment. An individual receiving a reversal of benefit forfeiture must receive reinstatement of the service credit forfeited. (2012-193, s. 7; 2020-48, s. 4.3(d).)

§ 120-4.33B.  Prohibition on purchase of forfeited service.

Any member whose retirement benefits have been forfeited under G.S. 120-4.3 or G.S. 120-4.3A is prohibited from subsequently purchasing or repurchasing either those forfeited benefits or any creditable membership service associated with those forfeited benefits and that service may not be used for the purposes of eligibility for benefits in any retirement system that provides reciprocal benefits. (2018-52, s. 6(d); 2020-48, s. 4.5(d).)

§ 120-4.34.  Improper receipt of decedent's retirement allowance.

A person is guilty of a Class 1 misdemeanor if the person, with the intent to defraud, receives money as a result of cashing, depositing, or receiving a direct deposit of a decedent's retirement allowance and the person (i) knows that he or she is not entitled to the decedent's retirement allowance, (ii) receives the benefit at least two months after the date of the retiree's or beneficiary's death, and (iii) does not attempt to inform this Retirement System of the retiree's or beneficiary's death. (2011-232, s. 10(d); 2013-288, s. 9(e).)

Article 2.

Duty and Privilege of Members.

§ 120-5.  Presiding officers may administer oaths.

The President of the Senate is authorized to administer oaths for the qualification of Senators and officers of the Senate, and the Speaker of the House of Representatives is authorized to administer oaths for the qualification of all officers of the House and all members who shall appear after the election of Speaker. (1883, c. 19; Code, s. 2855; Rev., s. 4400; C.S., s. 6089.)

§ 120-6.  Members to convene at appointed time and place.

Every person elected to represent any county or district in the General Assembly shall appear at such time and place as may be appointed for the meeting thereof, on the first day, and attend to the public business as occasion shall require. (1787, c. 277, s. 1, P.R.; R.C., c. 52, s. 27; Code, s. 2847; Rev., s. 4401; C.S., s. 6090.)

§ 120-6.1.  Request that reconvened session not be held.

(a) As provided by Section 22(7) of Article II of the Constitution of North Carolina, if within 30 days after adjournment, a bill is returned by the Governor with objections and veto message to that house in which it shall have originated, the Governor shall reconvene that session as provided by Section 5(11) of Article III of the Constitution for reconsideration of the bill, unless the Governor prior to reconvening the session receives written requests dated no earlier than 30 days after such adjournment, signed by a majority of the members of each house that a reconvened session to reconsider vetoed legislation is unnecessary. If sufficient requests are received such that the session will not be reconvened, the Governor shall immediately issue a proclamation to that effect and so notify the President Pro Tempore of the Senate and the principal clerks and presiding officers of both houses.

(b) The form for the requests shall be:

"To the Governor:

A reconvened session to reconsider vetoed legislation is unnecessary.

This ________ day of ________, ________,

__________, Member of the [Senate] [House of Representatives]"

Petitions as they are received are public records and shall be maintained by the Office of the Governor. (1995, c. 20, s. 15.1; 1997-1, s. 2.)

§ 120-7.  Penalty for failure to discharge duty.

If any member shall fail to appear, or shall neglect to attend to the duties of his office, he shall forfeit and pay for not appearing ten dollars ($10.00), and two dollars ($2.00) for every day he may be absent from his duties during the session, to be deducted from his pay as a member; but a majority of the members of either house of the General Assembly may remit such fines and forfeitures, or any part thereof, where it shall appear that such member has been prevented from attending to his duties by sickness or other sufficient cause. (1787, c. 277, s. 2, P.R.; R.C., c. 52, s. 28; Code, s. 2848; Rev., s. 4402; C.S., s. 6091.)

§ 120-8.  Expulsion for corrupt practices in election.

If any person elected a member of the General Assembly shall by himself or any other person, directly or indirectly, give, or cause to be given, any money, property, reward or present whatsoever, or give, or cause to be given by himself or another, any treat or entertainment of meat or drink, at any public meeting or collection of the people, to any person for his vote or to influence him in his election, such person shall, on due proof, be expelled from his seat in the General Assembly. (1801, c. 580, s. 2, P.R.; R.C., c. 52, s. 24; Code, s. 2846; Rev., s. 4403; C.S., s. 6092.)

§ 120-9.  Freedom of speech.

(a) The members shall have freedom of speech and debate in the General Assembly, and shall not be liable to impeachment or question, in any court or place out of the General Assembly, for words therein spoken.

(b) Nothing in Article 17 of this Chapter shall be construed to limit the application of this section. (1787, c. 277, s. 3, P.R; R.C., c. 52, s. 29; Code, s. 2849; Rev., s. 4404; C.S., 6093; 1991 (Reg. Sess., 1992), c. 1037, s. 1; 2000-140, s. 28; 2023-134, s. 27.7(h).)

Article 3.

Contests.

§ 120-10: Repealed by Session Laws 2005-3, s. 1, effective March 10, 2005.

§ 120-10.1.  Contesting a seat.

Except as otherwise provided by rules of the house, a contest of the qualifications as a candidate or election of a member of the House of Representatives or the Senate under Article II, Section 20 of the Constitution shall be conducted in accordance with the provisions of this Article. (2005-3, s. 2.)

§ 120-10.2.  Definitions.

As used in this Article, the following terms mean:

(1) Clerk. - The Principal Clerk of the house in which the election of the seat is being contested.

(2) Committee. - The Committee on Rules of the appropriate house unless, by rule, the house has designated another committee to hear contests.

(3) Contest. - A challenge to the apparent election of a member of the General Assembly or a request to determine an undecided election to a seat of the General Assembly in accordance with the provisions of this Article.

(4) Contestant. - An unsuccessful candidate in an election to which this Article applies who initiates a contest.

(5) Contestee. - A candidate in an election to which this Article applies who is not a contestant.

(6) Notice of intent. - The notice required to initiate a contest in accordance with the provisions of this Article.

(7) Unsuccessful candidate. - A candidate for an elective office to which this Article applies who has not been issued a certificate of election. (2005-3, s. 2.)

§ 120-10.3.  Initiating a contest.

(a) Who May Initiate. - A contest may be initiated only by a contestant by the filing of a written notice of the intent to petition for a contest in accordance with this section.

(b) When May Initiate. - The notice of intent may be filed no earlier than the date provided in G.S. 163-182.5 for the canvass by the board of elections with jurisdiction for the office under G.S. 163-182.4. The notice of intent must be filed no later than the latter of: (i) 10 days after a certificate of election has been issued, or (ii) 10 days after the conclusion of the election protest procedure under Article 15A of Chapter 163 of the General Statutes, but in no event may a contestant initiate a contest later than 30 days after the convening of a regular or special session of the General Assembly next after the election.

(c) Content of Notice. - A notice of intent shall state the grounds for the contest. The grounds shall be either or both of the following:

(1) Objections to the eligibility or qualifications of the contestee as a candidate in the election based on specific allegations.

(2) Objections to the conduct or results of the election accompanied by specific allegations that if proven true would have a probable impact on the outcome of the election.

The notice of intent shall also state that a contestee shall file an answer to the notice of intent in accordance with G.S. 120-10.4. The notice of intent shall be signed by the contestant and shall be verified in accordance with Rule 11(b) of the Rules of Civil Procedure. (2005-3, s. 2; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

§ 120-10.4.  Answering a notice of intent.

Within 10 days after service of the notice of intent on a contestee, a contestee shall file a written answer with the clerk. The contestee's answer shall admit or deny the allegations on which the contestant relies, or state that the contestee has no knowledge or information concerning an allegation which shall be deemed denial, and state any other defenses, in law or fact, on which the contestee relies and any different or additional issues the contestee wants considered. The answer shall be signed by the contestee and shall be verified in accordance with Rule 11(b) of the Rules of Civil Procedure. The failure to file an answer shall be deemed to be a general denial of the allegations. (2005-3, s. 2.)

§ 120-10.5.  Filings and service.

The notice of intent to contest shall be filed by the contestant with the clerk and copies thereof served by the contestant on the contestee as provided under Rule 4(j)(1) of the Rules of Civil Procedure. Proof of service shall be filed with the clerk in accordance with G.S. 1-75.10. The answer, petition, and any reply and copies thereof shall be filed with the clerk, and copies shall be served on the opposing party or the opposing party's counsel, if any, in the manner prescribed by Rule 5 of the Rules of Civil Procedure. (2005-3, s. 2.)

§ 120-10.6.  Discovery.

(a) Depositions. - After service of the notice of intent, any party, after five days notice to the other party or parties may take depositions to sustain or invalidate the election. The contestant shall complete the taking of depositions to submit with the contestant's petition at any time within 20 days following the date of service of the notice of intent, and a contestee shall complete the taking of the contestee's depositions within 30 days following the date of service of the notice of intent on the contestee. By written stipulation of the parties, the testimony of any witness may be filed in the form of an affidavit by the witness within the same time limitations prescribed for the taking of depositions. Every deposition shall be taken before a person authorized by law to administer oaths, who shall certify and seal the deposition in the same manner as in judicial civil proceedings and file the same with the clerk.

(b) Witnesses. - Subpoenas for witnesses in a contest shall be issued upon the application of either party or upon motion of the committee under the same procedures as under Article 5A of this Chapter and shall be enforced as provided under G.S. 120-19.4. Witnesses shall be entitled to the same allowances and privileges, and be subject to the same penalties, as witnesses summoned to attend the courts. (2005-3, s. 2.)

§ 120-10.7.  Petitions.

(a) Filing. - A written petition shall be filed by the contestant with the clerk within 40 days following the date of service of the notice of intent. The petition shall set forth the facts and arguments supporting the case of the contestant. A contestee may file a written reply to the petition within five days following its service on the contestee.

(b) Affidavits. - No affidavit may be made a part of, or filed in support of, a petition or reply thereto unless the affidavit has previously been filed with the clerk, pursuant to the written stipulation of the parties or their counsel, on or before the date established by G.S. 120-10.6 for the completion of the taking of depositions by the proponent of the affidavit. (2005-3, s. 2.)

§ 120-10.8.  Referral to committee.

(a) Referral. - The clerk shall refer the notice, answer, petition, reply, depositions, and affidavits to the committee, which documents shall constitute part of the record in the contest. The committee shall hear the contest and conduct such investigation as has been directed by resolution of its house.

(b) Procedure. - The committee shall set a schedule for taking depositions and receiving affidavits. The committee may consider the contestant's and contestee's recommendations for the procedural schedule. The committee may hold hearings and may compel the attendance of witnesses and the production of documents in its inquiry in accordance with Article 5A of this Chapter. The committee may accept the filing of briefs. The committee may order the recount of the ballots in the election and may seek and obtain the assistance of the State Board of Elections in the interpretation and counting of ballots.

(c) Compel Discovery. - No witness in a contest shall be excused from discovering whether the witness voted in the election that is the subject of the contest or the witness's qualification to vote, except as to the witness's conviction for any offense which would disqualify the witness from voting. If the witness was not a qualified voter, the witness shall be compelled to discover for whom the witness voted; but any witness making such discovery shall not be subject to criminal or penal prosecution for having voted in the election.

(d) Report. - The committee shall report its findings as to the law and the facts and make recommendations to the house for its action. (2005-3, s. 2; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

§ 120-10.9.  Basis for decision.

(a) Eligibility and Qualification. - If the contest is as to the eligibility or qualifications of the contestee, the house shall determine if the contestee is eligible and qualified. If it determines that the contestee is not eligible or not qualified, it shall order a new election.

(b) Conduct or Results of Election. - If the contest is as to the conduct or results of the election, the house shall determine which candidate received the highest number of votes. If it can determine which candidate received the highest number of votes, it shall seat that person as a member of the house. If it cannot determine which candidate received the highest number of votes, it may order a new election, or may order such other relief, as may be necessary and proper. If it determines that two or more candidates shall be equal and highest in votes, the provisions of G.S. 163-182.8 shall apply. (2005-3, s. 2; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

§ 120-10.10.  Jurisdiction.

A contest of any election held at the same time and place as members of the General Assembly are elected shall be considered by the newly elected house. Any other contest shall be heard by the house sitting at the time of the election. (2005-3, s. 2.)

§ 120-10.11.  Judicial proceedings abated.

Notwithstanding any other provision of law, upon the initiation of a contest under this Article, any judicial proceedings involving either the contestant or the contestee encompassing the issues set forth in the notice of intent or an answer thereto concerning the election that is the subject of the contest shall abate. The clerk shall file a copy of the notice of intent and final determination with the court in any judicial proceeding pending prior to the filing of the notice of intent. (2005-3, s. 2.)

§ 120-10.12.  Determination of house not reviewable.

The decision of one of the houses of the General Assembly in determining a contest pursuant to this Article may not be reviewed by the General Court of Justice. (2005-3, s. 2.)

§ 120-10.13.  Bad faith costs assessed.

The prevailing party in any contest may recover that party's costs incurred in conjunction with the contest in a civil action, upon a showing that the other party filed, pursued, maintained, or defended the contest in bad faith and without substantial justification. (2005-3, s. 2.)

§ 120-10.14.  Applicability.

This Article applies only to a general or special election and does not apply to a primary or any other part of the nominating process. (2005-3, s. 2.)

§ 120-11: Repealed by Session Laws 2005-3, s. 1, effective March 10, 2005.

Article 3A.

Sessions; Electronic Voting.

§ 120-11.1.  Time of meeting.

The regular session of the Senate and House of Representatives shall be held biennially beginning at 12:00 noon on the second Wednesday in January next after their election, and on that day they shall meet solely to elect officers, adopt rules, and otherwise organize the session. When they adjourn that day, they stand adjourned until 12:00 noon on the third Wednesday after the second Monday in January next after their election. (1967, c. 1181; 1989 (Reg. Sess., 1990), c. 1066, s. 21; 2012-194, s. 66.5(a); 2015-264, s. 68.)

§ 120-11.2.  Installation and use of electronic voting apparatus.

(a) The General Assembly of North Carolina shall, in accordance with rules adopted by each of the respective bodies, vote by use of electronic voting apparatus. The electronic voting apparatus shall be purchased by and installed under the direct supervision of the Legislative Services Commission as soon as is practicable, but in any event the apparatus shall be installed and fully operational as soon as possible after January 1, 1975.

(b) The rules of the House of Representatives and the Senate shall be amended so as to provide for the installation and use of electronic voting apparatus.

(c) Working plans for the installation of electronic voting equipment shall be submitted to the Legislative Services Commission for approval to the end that the architectural integrity of the building may be preserved. (1973, c. 488, ss. 1-3.)

Article 4.

Reports of Officers to General Assembly.

§ 120-12.  Reports from State institutions and departments.

It shall be the duty of the chief officer of each department of the State and of the boards of directors of all institutions supported in whole or in part by appropriations from the State, to submit to the General Assembly, with their respective reports, bills providing for the support and management of their respective departments; these reports, with those of the other officers of the executive department, shall be submitted to the Governor, to be transmitted by him with his message to the General Assembly. (1800, c. 557, s. 2, P.R.; Code, s. 2865; Rev., s. 4410; C.S., s. 6099.)

§ 120-12.1.  Reports on vacant positions in various departments.

The Judicial Department, the Department of Justice, the Department of Adult Correction, and the Department of Public Safety shall each report by February 1 of each year to the Chairs of the House and Senate Appropriations Committees and the Chairs of the House and Senate Appropriations Subcommittees on Justice and Public Safety on all positions within that department that have remained vacant for 12 months or more. The report shall include the original position vacancy dates, the dates of any postings or repostings of the positions, and an explanation for the length of the vacancies. (1998-212, s. 16.23; 2011-145, s. 19.1(g), (h); 2012-83, s. 42; 2013-410, s. 10; 2021-180, s. 19C.9(mmm).)

§ 120-13:  Repealed by Session Laws 1961, c. 243, s. 1.

Article 5.

Investigating Committees.

§ 120-14.  Power of committees.

Any committee of investigation raised either by joint resolution or resolution of either house of the General Assembly has full power to send for persons and papers, and, if necessary, to compel attendance and production of papers by attachment or otherwise. (1869-70, c. 5, s. 1; Code, s. 2853; Rev., s. 4412; C.S., s. 6100.)

§ 120-15.  Chairman may administer oaths.

The chairman of any committee or any person in his presence, and under his direction, shall have power and authority to administer oaths. (1869-70, c. 5, s. 3; Code, s. 2856; Rev., s. 4413; C.S., s. 6101.)

§ 120-16.  Pay of witnesses.

Any witness appearing and giving testimony shall be entitled to receive from the person at whose instance he was summoned ten cents (10¢) for every mile traveling to and from his residence, and ferriage, to be recovered in the district court upon the certificate of the commissioner. (1800, c. 557, s. 2, P.R.; R.C., c. 52, s. 33; Code, s. 2860; Rev., s. 4414; C.S., s. 6102; 1973, c. 108, s. 69.)

§ 120-17.  Appearance before committee.

Every person desiring to appear either in person or by attorney to introduce testimony, or to offer argument for or against the passage of an act or resolution, before any committee of either house of the General Assembly, shall first make application to such committee, stating in writing his object, the number and names of his witnesses, and the nature of their testimony. If the committee consider the information likely to be important, or the interest of the applicant to be great, they shall appoint a time and place for hearing the same, with such limitations as may be deemed necessary. (1868-9, c. 270, s. 10; Code, s. 2858; Rev., s. 4415; C.S., s. 6103.)

§ 120-18.  Appeal from denial of right to be heard.

If any committee shall refuse to grant the request of any citizen to be heard before it in a matter touching his interests, he may appeal to the house of which the committee is a part; and if he shows good reason for his request the house shall order it to be granted. (1868-9, c. 270, s. 11; Code, s. 2859; Rev., s. 4416; C.S., s. 6104.)

§ 120-19.  State officers, etc., upon request, to furnish data and information to legislative committees or commissions.

Except as provided in G.S. 105-259, all officers, agents, agencies and departments of the State are required to give to any committee of either house of the General Assembly, or any committee or commission whose funds are appropriated or transferred to the General Assembly or to the Legislative Services Commission for disbursement, upon request, all information and all data within their possession, or ascertainable from their records. This requirement is mandatory and shall include requests made by any individual member of the General Assembly, one of its standing committees or the chair of a standing committee, or any other legislative panel duly appointed by the President Pro Tempore and/or the Speaker of the House or an agent or employee of such a legislative panel. (Resolution 19, 1937, p. 927; 1993, c. 485, s. 37; 2001-491, s. 33.1; 2019-80, s. 3.)

Article 5A.

Committee Activity.

§ 120-19.1.  Hearings; examination of witnesses; counsel.

(a) Committees of either the House or Senate of the General Assembly of North Carolina may hold separate or joint hearings, call witnesses, and compel testimony relevant to any bill, resolution or other matter properly before the committee.

(b) Witnesses may be examined under oath.

(c) When any person is examined before a committee, any member wishing to ask a question must address it to the chairman or presiding officer, who repeats the question or directs the witness to answer the member's question.  Staff members or counsel employed by the committee may propound questions to the chairman for a witness to answer.

(d) Objections to the propriety of a question are directed to the committee as a whole.  The committee must determine whether the objection is to be sustained or overruled by majority vote of the committee.

(e) When any witness is examined under oath, the proceedings must be taken and transcribed verbatim.  Upon request, a witness must be furnished a copy of the transcript of his appearance before the committee.

(f) Witnesses may be accompanied by their own counsel for the purpose of advising them concerning their rights. (1973, c. 543.)

§ 120-19.2.  Invitations to witnesses; when hearings and examinations held; subpoenas.

(a) Committees of the General Assembly may invite witnesses to appear and testify concerning pending legislation or other matters properly before the committee and may require the attendance of witnesses by subpoena as hereinafter provided. The committee may submit questions in writing to the witness in advance of his appearance. Witnesses may be permitted, in the discretion of the committee, to submit written, sworn statements in addition to or in lieu of sworn oral testimony before the committee.

(b) Hearings and examinations of witnesses concerning pending legislation or other appropriate matter may be conducted during sessions of the General Assembly, during recesses, and in the interim period between sessions, at such times as committees are authorized to convene.

(c) A subpoena for the purpose of obtaining the testimony of a witness may be issued by the chairman of a committee, upon authorization of the Speaker of the House or the Speaker pro tempore of the House for House committees, and the President of the Senate or the President pro tempore of the Senate for Senate committees, and by majority vote of the committee. A subpoena for the purpose of obtaining the testimony of a witness before a joint committee of the House and Senate may be issued by the joint action of the cochairmen of the joint committee, upon authorization of one of the above officers from each house and by majority vote of the joint committee. The subpoena shall be signed by the committee chairman and either the Speaker of the House, the President of the Senate, the President pro tempore of the Senate, or the Speaker pro tempore of the House and shall be directed to the witness, and state the name of the witness, and a description of any papers, documents, or records that he is required to bring with him; and the subpoena shall state the subject matter of the hearing before the committee, the name of the committee, and the name and address of the committee chairman; and the subpoena shall also clearly designate the date, time, and place at which the witness's presence is required.

(d) Any witness shall have five days' notice of hearing, unless waived by the witness, and subpoenas may be served by a member of the General Assembly Special Police, the State Bureau of Investigation, the State Highway Patrol, or within their respective jurisdiction by any sheriff or deputy, or any municipal police officer or other law-enforcement officer. Members of the General Assembly Special Police may serve subpoenas issued under this Chapter anywhere in the State. In addition, a subpoena may be served in the manner provided for service of subpoenas under the North Carolina Rules of Civil Procedure.

(e) The form of subpoena shall generally follow the practice in the General Court of Justice in North Carolina with such additional information or modification as shall be approved by the Legislative Services Commission.

(f) Return of the subpoena shall be to the Legislative Services Officer, where a permanent record shall be maintained for five years, and one copy of the subpoena shall be immediately filed with the committee chairman and one copy transmitted to the Speaker of the House, the President of the Senate, the President pro tempore of the Senate, or the Speaker pro tempore of the House, as the case may be. (1973, c. 543; 2011-63, s. 2.)

§ 120-19.3.  Witness fees and expenses.

Witnesses subpoenaed to testify before a committee of either house of the General Assembly or a joint committee of the General Assembly shall be entitled to the same fees and expenses as are allowable for witnesses in criminal proceedings in the superior court division of the General Court of Justice. (1973, c. 543.)

§ 120-19.4.  Failure to respond to subpoena or refusal to testify punishable as contempt.

(a) Any person who without good cause fails to obey a subpoena which was served upon him, or, fails or refuses to testify shall be deemed to be in contempt of the committee and shall be punished as in the case of a civil contempt under the procedures set out in subsection (b). Any person whose action in the immediate presence of the committee directly tends to disrupt its proceedings may also be punished as in the case of a civil contempt under the procedures set out in subsection (b).

(b) If by a majority vote the committee deems that any person is in contempt under the provisions of subsection (a) the committee shall file a complaint signed by the chairman in the General Court of Justice, superior court division, requesting that the court issue an order directing that the person appear within a reasonable time and show good cause why he should not be held in contempt of the committee or its processes. If the person does not establish good cause the court shall punish the person in accordance with the provisions of G.S. 5A-12 or G.S. 5A-21, whichever is applicable. (1973, c. 543; 1977, c. 344, s. 2; 1985, c. 790, s. 5.)

§ 120-19.4A.  Requests to State Bureau of Investigation for background investigation of a person who must be confirmed by legislative action.

The President of the Senate or the Speaker of the House may request that the State Bureau of Investigation perform a background investigation on a person who must be appointed or confirmed by the General Assembly, the Senate, or the House of Representatives. The person being investigated shall be given written notice by regular mail at least 10 days prior to the date that the State Bureau of Investigation is requested to perform the background investigation by the presiding officer of the body from which the request originated. There is a rebuttable presumption that the person being investigated received the notice if the presiding officer has a copy of the notice. The State Bureau of Investigation shall perform the requested background investigation and shall provide the information, including criminal records, to the presiding officer of the body from which the request originated. A copy of the information also shall be provided to the person being investigated. The term "background investigation" shall be limited to an investigation of a person's criminal record, educational background, employment record, records concerning the listing and payment of taxes, and credit record, and to a requirement that the person provide the information contained in the statements of economic interest required to be filed by persons subject to Chapter 138A of the General Statutes. (1987, c. 867, s. 2; 2008-213, s. 89; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

§ 120-19.5.  Committee staff assistance.

Upon a certificate of need from the Speaker of the House, the President of the Senate, the President pro tempore of the Senate, or the Speaker pro tempore of the House and upon request of the committee chairman, the Legislative Services Officer is authorized to assign to any standing committee having interim research, drafting, or hearing assignment one or more members of his staff who shall function as research assistant and counsel to the committee when needed. (1973, c. 543.)

§ 120-19.6.  Interim committee activity; rules.

(a) Upon a general directive by resolution of the house in question or upon a specific authorization of either the Speaker of the House, President of the Senate, President Pro Tempore of the Senate or the Speaker Pro Tempore of the House, any standing committee, select committee or subcommittee of either house of the General Assembly is authorized to meet in the interim period between sessions or during recesses of the General Assembly to consider specific bills or resolutions or other matters properly before the committee. No particular form of authority is needed, but this section is intended to promote better coordination by having a system of authorization for meetings of the committees of the General Assembly between sessions or during recesses. Meetings will be held in Raleigh, but with the approval of the Speaker or Speaker Pro Tempore, a House committee may meet elsewhere; and with the approval of the President or President Pro Tempore, a Senate committee may meet elsewhere. In addition, committees may meet at such places as authorized by specific resolution or action of either body of the General Assembly.

(a1) The Speaker of the House or the President Pro Tempore of the Senate may authorize, in writing, the creation of interim study committees to study and investigate governmental agencies and institutions and matters of public policy to assist that chamber in performing its duties in the most efficient and effective manner. The Speaker of the House or the President Pro Tempore of the Senate may appoint members of the relevant chamber, State officers and employees, and members of the public to the interim study committee. An interim study committee created under this subsection shall be deemed a committee of the relevant chamber for the purposes of this Article. Interim study committee members who are State officers and employees or members of the public shall receive subsistence and travel expenses as provided in G.S. 120-3.1, 138-5, or 138-6, as appropriate.

(b) In all other respects, committees shall function in the interim period between sessions or during recesses in the same manner and under the rules generally applicable to committees of the house in question of the General Assembly during the session of the General Assembly.

(c) Any committee during the interim period that meets upon specific authorization of the Speaker of the House, President of the Senate, President Pro Tempore of the Senate or Speaker Pro Tempore of the House shall limit its activities to those matters contained in the authorization, and shall suspend its activities upon written directive of such officer. Any interim committee that meets upon a directive by resolution of the house in question of the General Assembly shall limit its activities to those matters contained in the authorization. (1973, c. 543; 2001-491, s. 33.2.)

§ 120-19.7.  Subcommittees.

By consent and approval of a majority of any committee, the chairman may designate a subcommittee of not less than five persons to conduct hearings, call witnesses, and inquire into any matters properly before the committee. A duly constituted subcommittee shall have all of the powers of the full committee, but any subcommittee shall cease its activities upon majority vote of the full committee, or as provided in G.S. 120-19.6. (1973, c. 543.)

§ 120-19.8.  Limitation by resolution of either house.

The provisions of G.S. 120-19.5 pertaining to staff assistance and the provisions of G.S. 120-19.6 pertaining to interim committee activity shall not apply to the House if the House by rule or resolution shall adopt an alternate method of staff assistance or interim committee activity and shall not apply to the Senate if the Senate by rule or resolution shall adopt an alternate method of staff assistance or interim committee activity. Either house of the General Assembly shall have the right to determine any matter concerning the scope of its internal procedure by appropriate rule or resolution without the joinder of the other. (1973, c. 543.)

§ 120-19.9.  Local acts affecting State highway system to be considered by transportation committees.

Any local bill affecting the State highway system shall, prior to its passage, be referred to a committee of either the House or Senate charged with the responsibility of examining bills or issues related to transportation or to the State highway system. (1987, c. 747, s. 24.)

Article 6.

Acts, Journals, and Reports to the General Assembly.

§ 120-20.  When acts take effect.

Acts of the General Assembly shall be in force only from and after 60 days after the adjournment of the session in which they shall have passed, unless the commencement of the operation thereof be expressly otherwise directed. (1799, c. 527, P.R.; R.C., c. 52, s. 35; 1868-9, c. 270, s. 1; Code, s. 2862; Rev., s. 4417; C.S., s. 6105; 1995, c. 20, s. 3.)

§ 120-20.1.  Coded bill drafting.

(a) Whenever in any act:

(1) It is stated that:

a. A law "reads as rewritten:"; or

b. Laws "read as rewritten:"; and

(2) The law is set out showing material struck through or underlined, or both

the material struck through is being deleted from the existing law, and the material underlined is being added to the existing law.

(b) Notwithstanding subsection (a) of this section, underlining in a column heading is existing law, and a double underline shows a column heading being added to existing law.

(b1) In any part of a law enacted in the format provided by this section, the material deleted from existing law and the material being added to existing law are the only changes made, the setting out of material not deleted or added is for illustration only, and the fact that two different acts amend the same law, when one or more of those is in the format provided by this section, does not in itself create a conflict.

(b2) In any act ratified on or after January 11, 1989, when a new section, subsection, or subdivision is added to the General Statutes, and that section, subsection, or subdivision is underlined, the underlining is not part of the law, but merely an illustration that the material in the bill which enacted the law is new.

(c) As used in this section "act" and "law" also includes joint and simple resolutions.

(d) This section applies to acts ratified on or after February 9, 1987. (1987, c. 138; c. 485, s. 4; 1989, c. 770, s. 40; 2001-487, s. 78.)

§§ 120-21 through 120-22.  Repealed by Session Laws 1969, c. 1184, s. 8.

§§ 120-23 through 120-25.  Transferred to G.S. 147-43.1 to 147-43.3 by Session Laws 1943, c. 543.

§ 120-26.  Repealed by Session Laws 1943, c. 543.

§ 120-27.  Journals; preparation and filing by clerks of houses.

It shall be the duty of the principal clerks of the two houses of the General Assembly to hasten the preparation of their journals for the printer, so that in no case at any time shall the journal of either house of any one day's proceedings remain unprepared for the printer by the clerk for a longer period than six days after its approval, and such clerks shall, immediately after the preparation of any and every day's proceedings of their respective houses, send the same to the office of the Secretary of State. (1872-3, c. 45, ss. 2, 3; Code, ss. 3627, 3628; Rev., s. 5100; C.S., s. 7299.)

§ 120-28.  Journals indexed by clerks.

The principal clerks of the two houses of the General Assembly shall provide full and complete indexes for the journals of their respective houses. (1866-7, c. 71; 1881, c. 292; Code, s. 2868; Rev., s. 4421; C.S., s. 6112.)

§ 120-29.  Journals deposited with Secretary of State.

The principal clerks of the Senate and House of Representatives, as soon as may be practicable after the close of each session, shall deposit in the office of the Secretary of State the journals of the General Assembly; and the Secretary of State shall make and certify copies of any part or entry of the journals, and may take for the copy of each entry made and certified the same fee as for the copy of a grant. (1819, c. 1020, P.R.; R.C., c. 52, s. 36; Code, s. 2867; Rev., s. 4420; C.S., s. 6113.)

§ 120-29.1.  Approval of bills.

(a) If the Governor approves a bill, the Governor shall write upon the same, below the signatures of the presiding officers of the two houses, the fact, date, and time of approval, as follows: "Approved ____.m. this ____ day of ____,  ____" and shall sign the same as follows: "____ Governor". The Governor shall then return the approved bill to the enrolling clerk.

(b) If any bill becomes law because of the failure of the Governor to take any action, it shall be the duty of the Governor to return the measure to the enrolling clerk, who shall sign the following certificate on the measure and deposit it with the Secretary of State: "This bill having been presented to the Governor for signature on the ____ day of ____, ____ and the Governor having failed to approve it within the time prescribed by law, the same is hereby declared to have become a law.

This ____ day of ____, ____, ____ Enrolling Clerk".

(c) If the Governor returns any bill to the house of origin with objections, the Governor shall write such objections on the measure or cause the objections to be attached to the measure. When any such bill becomes law after reconsideration of the two houses, the principal clerk of the second house to act shall, below the objections of the Governor, sign the following certificate: "Became law notwithstanding the objections of the Governor, ____.m. this ____ day of ____, ____". The principal clerk of the second house to act shall fill in the time. The enrolling clerk shall deposit the measure with the Secretary of State.

(d) In calculating the period under Section 22(7) of Article II of the North Carolina Constitution, the day on which the bill is presented to the Governor shall be excluded and the entire last day of the period is included. (1995, c. 20, s. 2; 1997-1, s. 3; 2010-96, s. 15.)

§ 120-29.5.  State agency reports to the General Assembly.

(a) Submission. - Whenever a report is directed by law or resolution to be made to the General Assembly, the State agency preparing the report shall deliver one copy of the report to each of the following officers: the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the House Principal Clerk, and the Senate Principal Clerk; and two copies of the report to the Legislative Library. The State agency is encouraged to inform members of the General Assembly that an electronic copy is available. This section does not affect any responsibilities for depositing documents with the State Library or the State Publications Clearinghouse under Chapter 125 of the General Statutes.

(b) Publication. - A State agency submitting a report pursuant to subsection (a) of this section or a report directed by law or resolution to be made to a committee or subcommittee of the General Assembly shall publish the report on a public Internet Web site maintained by the State agency. (2004-203, s. 49(b); 2019-250, s. 5.10(a).)

§ 120-30:  Repealed by Session Laws 1961, c.  24.

Article 6A.

Submission of Acts.

§§ 120-30.1 through 120-30.9: Repealed by Session Laws 1965, c.  1142.

§ 120-30.9A.  Purpose.

The purpose of this Article is to ensure compliance with Section 5 of the Voting Rights Act of 1965 by designating certain officials who shall submit to the Attorney General of the United States any statute enacted by the General Assembly or action taken by any local government which affects any voting qualification, prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1964, in any jurisdiction covered by Section 5 of the Voting Rights Act of 1965. (1985, c. 579, s. 1; 1997-456, s. 27.)

§ 120-30.9B.  Statewide statutes; State Board of Elections.

(a) The Executive Director of the State Board of Elections or, in the discretion of the Legislative Services Commission, a person designated by the Legislative Services Commission shall seek approval as required by 42 U.S.C. § 1973c for all of the following:

(1) Within 30 days of the time they become laws all acts of the General Assembly that amend, delete, add to, modify or repeal any provision of Chapter 163 of the General Statutes or any other statewide legislation, except relating to Chapter 7A of the General Statutes or as provided in subsection (b) of this section, which constitutes a "change affecting voting" under Section 5 of the Voting Rights Act of 1965; and

(2) Within 30 days all alterations of precinct boundaries under G.S. 163-132.2(c) in counties covered by Section 5 of the Voting Rights Act of 1965.

(b) With respect to acts of the General Assembly that amend, delete, add to, modify, or repeal any provision relating to apportioning or redistricting of State legislative or congressional districts, the Attorney General of North Carolina shall seek approval of the plan as required by 42 U.S.C. § 1973c. If the Attorney General of North Carolina fails within 30 days of enactment of the plan to seek approval of the plan, then the Legislative Services Commission may authorize another appropriate person to seek approval of the plan as authorized by law. (1985, c. 579, s. 1; 1989, c. 440, s. 4; 1995, c. 20, s. 4; 2001-319, s. 11; 2003-434, 1st Ex. Sess., s. 12; 2011-145, s. 22.3; 2011-391, s. 48; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

§ 120-30.9C.  The judicial system; Administrative Office of the Courts.

The Administrative Officer of the Courts shall submit to the Attorney General of the United States within 30 days of the time they become laws all acts of the General Assembly that amend, delete, add to, modify or repeal any provision of Chapter 7A of the General Statutes of North Carolina which constitutes a "change affecting voting" under Section 5 of the Voting Rights Act of 1965. (1985, c. 579, s. 1; 1995, c. 20, s. 5.)

§ 120-30.9D.  Constitutional amendments; Secretary of State.

The Secretary of State shall submit to the Attorney General of the United States within 30 days of ratification all acts of the General Assembly that amend the North Carolina Constitution and which constitute a "change affecting voting" under Section 5 of the Voting Rights Act of 1965. (1985, c. 579, s. 1.)

§ 120-30.9E.  Counties; County Attorney.

The County Attorney of any county covered by the Voting Rights Act of 1965 shall submit to the Attorney General of the United States within 30 days:

(1) Of the time they become laws, any local acts of the General Assembly; and

(2) Of adoption actions of the county board of commissioners, or the county board of elections or any other county agency which constitutes a "change affecting voting" under Section 5 of the Voting Rights Act of 1965 in that county. (1985, c. 579, s. 1; 1995, c. 20, s. 6.)

§ 120-30.9F.  Municipalities; municipal attorney.

The municipal attorney of any municipality covered by the Voting Rights Act of 1965 shall submit to the Attorney General of the United States within 30 days:

(1) Of the time they become laws, any local acts of the General Assembly; and

(2) Of adoption actions of the municipal governing body or any other municipal agency or county board of elections which constitutes a "change affecting voting" under Section 5 of the Voting Rights Act of 1965 in that municipality; provided that, if required or allowed by regulations or practices of the United States Department of Justice, a municipal attorney may delay submission of any annexation ordinance or group of ordinances until all previously submitted annexation ordinances have been precleared or otherwise received final disposition. (1985, c. 579, s. 1; 1989, c. 598, s. 4; 1995, c. 20, s. 7; 2011-31, s. 12; 2012-194, s. 22(a).)

§ 120-30.9G.  School Administrative Units; State Board of Education; Local Boards of Education Attorney.

(a) The State Board of Education shall submit to the Attorney General of the United States within 30 days any rules, policies, procedures, or actions taken pursuant to G.S. 115C-64.4 which could result in the appointment of a caretaker administrator or board to perform any of the powers and duties of a local board of education where that school administrative unit is covered by the Voting Rights Act of 1965.

(b) The attorney for any local board of education where that school administrative unit is covered by the Voting Rights Act of 1965 shall submit to the Attorney General of the United States within 30 days:

(1) Of the time they become laws, any local acts of the General Assembly; and

(2) Of adoption actions of the local boards of education which constitutes a "change affecting voting" under Section 5 of the Voting Rights Act of 1965 in that school administrative unit. If the change affecting voting is a merger of two or more school administrative units, the change shall be submitted jointly by the attorneys of the school administrative units involved, or by one of them by agreement of the attorneys involved. (1985, c. 579, s. 1; 1991, c. 529, s. 2; 1995, c. 20, s. 8.)

§ 120-30.9H.  Decision letters of U.S. Attorney General published in North Carolina Register.

All letters and other documents received by the authorities required by this Article to submit any "changes affecting voting" from the Attorney General of the United States in which a final decision is made concerning a submitted "change affecting voting" shall be filed with the Codifier of Rules. The Codifier shall publish the letters and other documents in the North Carolina Register. (1985 (Reg. Sess., 1986), c. 1032, s. 11; 2023-134, s. 21.2(j).)

§ 120-30.9I.  Alternate submission authority.

Notwithstanding any other provision of this Article, in the event that the person or party responsible under G.S. 120-30.9E, 120-30.9F, or 120-30.9G for submitting any local act of the General Assembly shall delay, obstruct, or refuse to make a submittal to the Attorney General of the United States, the Attorney General of North Carolina may submit that local act.  Any person or party responsible under this Article for making such a submission shall promptly provide any information and materials the Attorney General of North Carolina might request to facilitate making the submission and making any supplements to the submission. (1991, c. 761, s. 21.1.)

§ 120-30.9J.  Repeal of acts and ordinances which were denied preclearance.

Any (i) city or county ordinance or resolution, (ii) act, policy, or resolution of a county board of elections, or (iii) public or local law enacted by the General Assembly, for which prior to June 25, 2013, either the United States Department of Justice interposed an objection or the United States District Court for the District of Columbia denied a declaratory judgment under Section 5 of the Voting Rights Act of 1965 is repealed. This section shall not apply to any ordinance, resolution, act, policy, or law to which the United States Department of Justice withdrew its objection or, after the United States Department of Justice interposed an objection, the United States District Court for the District of Columbia issued a declaratory judgment that such ordinance, resolution, act, policy, or law did not violate Section 5 of the Voting Rights Act of 1965. (2013-343, s. 1.)

Article 6B.

Legislative Research Commission.

§ 120-30.10.  Creation; appointment of members; members ex officio.

(a) There is hereby created a Legislative Research Commission to consist of five Senators to be appointed by the President pro tempore of the Senate and five Representatives to be appointed by the Speaker of the House. The President pro tempore of the Senate and the Speaker of the House, or their designees, shall be ex officio members of the Legislative Research Commission. Provided, that when the President of the Senate has been elected by the Senate from its own membership, then the President of the Senate shall make the appointments of the Senate members of the Legislative Research Commission, shall serve ex officio as a member of the Commission and shall perform the duties otherwise vested in the President pro tempore by G.S. 120-30.13 and 120-30.14.

(b) The President Pro Tempore of the Senate and the Speaker of the House may appoint additional members of the General Assembly to work with the regular members of the Research Commission on study committees. The terms of the additional study committee members shall be limited by the same provisions as apply to regular commission members, and they may be further limited by the appointing authorities.

(c) The President Pro Tempore of the Senate and the Speaker of the House may appoint persons who are not members of the General Assembly to advisory subcommittees. The terms of advisory subcommittee members shall be limited by the same provisions as apply to regular Commission members, and they may be further limited by the appointing authorities. (1965, c. 1045, s. 1; 1975, c. 692, s. 1; 2012-194, s. 66.7(a).)

§ 120-30.11.  Time of appointments; terms of office.

Appointments to the Legislative Research Commission shall be made not earlier than the close of each regular session of the General Assembly held in the odd-numbered year nor later than 15 days subsequent to the close. The term of office shall begin on the day of appointment, and shall end on January 15 of the next odd-numbered year. No moneys appropriated to the Legislative Research Commission may be expended for meetings of the Commission, its committees or subcommittees held after January 15 of the next odd-numbered year and before the appointment of the next Legislative Research Commission. (1965, c. 1045, s. 2; 1975, c. 692, s. 2; 1977, c. 915, s. 4; 1981, c. 688, s. 19; 1983, c. 63, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 178; 1991 (Reg. Sess., 1992), c. 900, s. 16.)

§ 120-30.12.  Vacancies.

Vacancies in the appointive membership of the Legislative Research Commission occurring during a term shall be filled for the unexpired term by appointment by the officer who made the original appointment. Vacancies in the ex officio membership shall be filled for the unexpired term by election by the remaining members of the Commission. Every vacancy shall be filled by a member of the same house as that of the person causing the vacancy.

If for any reason the office of President pro tempore of the Senate becomes vacant, the five Senate members of the Legislative Research Commission shall elect one of their own number to perform and exercise the duties imposed and powers granted pursuant to this Article, and such Senator so elected shall serve until the Senate shall elect a President pro tempore. If for any reason the office of Speaker of the House of Representatives becomes vacant, the five members of the House of Representatives of the Legislative Research Commission shall elect one of their own number to perform and exercise the duties imposed and powers granted pursuant to this Article, and such member of the House of Representatives so elected shall serve until the House of Representatives shall elect a Speaker. (1965, c. 1045, s. 3; 1969, c. 1037.)

§ 120-30.13.  Cochairmen; rules of procedure; quorum.

The President pro tempore of the Senate and the Speaker of the House, or their designees, shall serve as cochairmen of the Legislative Research Commission. The Commission shall adopt rules of procedure governing its meetings. Eight members, including ex officio members, shall constitute a quorum of the Commission. (1965, c. 1045, s. 4; 2012-194, s. 66.7(b).)

§ 120-30.14.  Meetings.

The first meeting of the Legislative Research Commission shall be held at the call of the President Pro Tempore of the Senate in the State Legislative Building or in another building designated by the Legislative Services Commission. Thereafter the Commission shall meet at the call of the chairmen. Every member of the preceding General Assembly has the right to attend all sessions of the Commission, and to present his views at the meeting on any subject under consideration. (1965, c. 1045, s. 5; 1981, c. 772, s. 1.)

§ 120-30.15.  Repealed by Session Laws 1969, c. 1184, s. 8.

§ 120-30.16.  Cooperation with Commission.

The Legislative Research Commission may call upon any department, agency, institution, or officer of the State or of any political subdivision thereof for such facilities and data as may be available, and these departments, agencies, institutions, and officers shall cooperate with the Commission and its committees to the fullest possible extent. (1965, c. 1045, s. 7.)

§ 120-30.17.  Powers and duties.

The Legislative Research Commission has the following powers and duties:

(1) Pursuant to the direction of the General Assembly or either house thereof, or of the chairmen, to make or cause to be made such studies of and investigations into governmental agencies and institutions and matters of public policy as will aid the General Assembly in performing its duties in the most efficient and effective manner.

(2) To report to the General Assembly the results of the studies  made. The reports may be accompanied by the recommendations of the Commission and bills suggested to effectuate the recommendations.

(3), (4) Repealed by Session Laws 1969, c. 1184, s. 8.

(5), (6) Repealed by Session Laws 1981, c. 688, s. 2.

(7) To obtain information and data from all State officers, agents, agencies and departments, while in discharge of its duty, pursuant to the provisions of G.S. 120-19 as if it were a committee of the General Assembly.

(8) To call witnesses and compel testimony relevant to any matter properly before the Commission or any of its committees. The  provisions of G.S. 120-19.1 through G.S. 120-19.4 shall apply to the proceedings of the Commission and its committees as if each were a joint committee of the General Assembly. In addition to the other signatures required for the issuance of a subpoena under this subsection, the subpoena shall also be signed by the members of the Commission or of its committee who vote for the issuance of the subpoena.

(9) For studies authorized to be made by the Legislative Research Commission, to request another State agency, board, commission or committee to conduct the study if the Legislative Research Commission determines that the other body is a more appropriate vehicle with which to conduct the study. If the other body agrees, and no legislation specifically provides otherwise, that body shall conduct the study as if the original authorization had assigned the study to that body and shall report to the General Assembly at the same time other studies to be conducted by the Legislative Research Commission are to be reported. The other agency shall conduct the transferred study within the funds already assigned to it. (1965, c. 1045, s. 8; 1969, c. 1184, s. 8; 1977, c. 915, s. 3; 1981, c. 688, s. 2; 1983, c. 905, s. 7; 1985, c. 790, s. 7.)

§ 120-30.18.  Facilities; compensation of members; payments from appropriations.

The facilities of the State Legislative Building, and any other State office building used by the General Assembly, shall be available to the Commission for its work. Members of the General Assembly serving on the Legislative Research Commission or its study committees shall be reimbursed for travel and subsistence expenses at the rates set out in G.S. 120-3.1. Advisory subcommittee members shall be reimbursed and compensated at the rates set out in G.S. 138-5 (public members) and G.S. 138-6 (State officials or employees). All expenses of the Commission shall be paid from funds appropriated for the Commission. (1965, c. 1045, s. 9; 1975, c. 692, s. 3; 1981, c. 772, s. 2.)

§§ 120-30.19 through 120-30.23.  Reserved for future codification purposes.

Article 6C.

Review of Administrative Rules.

§§ 120-30.24 through 120-30.28:  Repealed by Session Laws 1983, c.  927, s.  2.

§ 120-30.29:  Repealed by Session Laws 1981, c.  688, s. 8.

§ 120-30.29A:  Repealed by Session Laws 1983, c.  927, s. 2.

§§ 120-30.30 through 120-30.31:  Repealed by Session Laws 1981, c.  688, s. 8.

§ 120-30.32:  Repealed by Session Laws 1983, c.  927, s. 2.

§ 120-30.33:  Repealed by Session Laws 1981, c.  688, s. 8.

§§ 120-30.34 through 120-30.40:  Repealed by Session Laws 1983, c.  927, s.  2.

Article 6D.

Local Government Fiscal Information Act.

§ 120-30.41.  Short title.

This Article may be cited as the "Local Government Fiscal Information Act." (1979, 2nd Sess., c. 1262, s. 1.)

§ 120-30.42.  Definitions.

For the purposes of this Article, "unit of local government" means counties, cities, towns, and incorporated villages, sanitary districts, mosquito control districts, hospital districts, metropolitan sewerage districts, metropolitan water districts, county water and sewer districts, special airport districts, water and sewer authorities, county boards of education and city boards of education. (1979, 2nd Sess., c. 1262, s. 2.)

§ 120-30.43.  Purpose.

It is the purpose of this Article to provide procedures for the preparation and distribution of fiscal information on bills, resolutions, amendments to bills and resolutions or rules which if enacted or adopted would have a fiscal impact on the units of local government of this State. (1979, 2nd Sess., c. 1262, s. 3.)

§ 120-30.44.  Fiscal note defined.

For purposes of this Article, "fiscal note" means a realistic statement of the estimated effect on the expenditures or revenues of units of local government of implementing or complying with a proposed bill, resolution or rule. (1979, 2nd Sess., c. 1262, s. 4.)

§ 120-30.45.  Fiscal note on legislation.

(a) Every bill and resolution introduced in the General Assembly proposing any change in the law that could increase or decrease expenditures or revenues of a unit of local government shall have attached to it at the time of its consideration by the General Assembly a fiscal note prepared by the Fiscal Research Division. The fiscal note shall identify and estimate, for the first five fiscal years the proposed change would be in effect, all costs of the proposed legislation. If, after careful investigation, the Fiscal Research Division determines that no dollar estimate is possible, the note shall contain a statement to that effect, setting forth the reasons why no dollar amount can be given. No comment or opinion shall be included in the fiscal note with regard to the merits of the measure for which the note is prepared. However, technical and mechanical defects may be noted.

(b) The sponsor of each bill or resolution to which this section applies shall present a copy of the bill or resolution with the request for a fiscal note to the Fiscal Research Division. Upon receipt of the request and the copy of the bill or resolution, the Fiscal Research Division shall prepare the fiscal note as promptly as possible. The Fiscal Research Division shall prepare the fiscal note and transmit it to the sponsor within two weeks after the request is made, unless the sponsor agrees to an extension of time.

(c) This fiscal note shall be attached to the original of each proposed bill or resolution that is reported favorably by any committee of the General Assembly, but shall be separate from the bill or resolution and shall be clearly designated as a fiscal note. A fiscal note attached to a bill or resolution pursuant to this subsection is not a part of the bill or resolution and is not an expression of legislative intent proposed by the bill or resolution.

(d) If a committee of the General Assembly reports favorably a proposed bill or resolution with an amendment that proposes a change in the law that could increase or decrease expenditures or revenues of a unit of local government, the chair of the committee shall obtain from the Fiscal Research Division and attach to the amended bill or resolution a fiscal note as provided in this section.

(e) The Office of State Budget and Management, the Department of Revenue, the Department of the State Treasurer, the Department of the State Auditor, the State department most directly concerned, and, where appropriate, officials of units of local government, upon the request of Fiscal Research Division, shall assist the Fiscal Research Division in the preparation of the fiscal note.

(f) Copies of fiscal notes prepared by the Fiscal Research Division shall be furnished to the sponsor of the bill or resolution, the chairmen of the Local Government Committees, and the chairmen of the Appropriations, Finance, Rules, or the Senate Ways and Means Committees as appropriate. (1979, 2nd Sess., c. 1262, s. 5; 1995, c. 415, s. 6; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)

§ 120-30.46.  Fiscal information related to requests for State appropriations.

Any State department, institution, agency, or other authority making requests for State appropriations to fund changes in existing programs or for implementing new programs shall, if such changes or new programs would require local expenditures, incorporate as a part of the information submitted in support of the request a statement of the estimated fiscal effect on the units of local government. (1979, 2nd Sess., c. 1262, s. 6.)

§ 120-30.47.  Legislation introduced by request.

Any State department, institution, agency, or other authority requesting a member or members of the General Assembly to introduce legislation which if enacted would have a fiscal impact on the units of local government of this State shall furnish to such member or members, and to the Fiscal Research Division, a fiscal note containing a realistic estimate of the effect of the measure for the ensuing two fiscal periods. (1979, 2nd Sess., c. 1262, s. 7.)

§ 120-30.48.  Fiscal impact of administrative rules.

An agency is required to prepare a fiscal note on a proposed administrative rule that affects the expenditures or revenues of a unit of local government as provided in G.S. 150B-21.4. (1979, 2nd Sess., c. 1262, s. 8; 1987, c. 827, ss. 1, 55; 1991, c. 418, s. 13.)

§ 120-30.49.  Compiling federal mandates; annual report.

(a) The Fiscal Research Division shall, in consultation with the appropriate staff of the Legislative Analysis and Legislative Drafting Divisions, make an annual report to the General Assembly pertaining to the fiscal effect of federal mandates on, or federal law on which is conditioned the receipt of federal funds by the State and units of local government. The annual report on federal mandates shall include all of the following:

(1) A listing of federal laws that require the State and any unit of local government, including a county, city, school administrative unit, or other local entity funded by or through a unit of local government to carry out additional or modified responsibilities.

(2) An estimate of the amount of any increase or decrease in the costs to the State and units of local government in providing or delivering public services required by federal law that are funded in whole or in part by the State or units of local government.

(3) A listing of any other federal actions directly affecting the expenditures or revenues of the State and units of local government.

(b) The Office of State Budget and Management shall assist the Fiscal Research Division in the preparation of the annual report on federal mandates upon the request of the Division. Each State department, agency, or institution shall cooperate fully with the Fiscal Research Division in compiling the annual report on federal mandates and shall supply information to the Division in accordance with G.S. 120-32.01. The North Carolina Association of County Commissioners, the North Carolina League of Municipalities, and units of local government shall cooperate with the Fiscal Research Division in compiling the annual report on federal mandates, as requested, by supplying information relevant to the expenditures or revenues of units of local government.

(c) Copies of the annual report on federal mandates to the State and units of local government shall be provided to members of the General Assembly and to the Governor, the Office of State Budget and Management, the North Carolina Association of County Commissioners, and the North Carolina League of Municipalities. (1995, c. 415, s. 7; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2018-142, s. 4(c).)

Article 7.

Legislative Services Commission.

§ 120-31.  Legislative Services Commission organization.

(a) The Legislative Services Commission shall consist of the President pro tempore of the Senate or a Senator designated by the President Pro Tempore, four Senators appointed by the President pro tempore of the Senate, the Speaker of the House of Representatives or a member of the House of Representatives designated by the Speaker, and four Representatives appointed by the Speaker of the House of Representatives. The President pro tempore of the Senate, and the Speaker of the House shall serve until the selection and qualification of their respective successors as officers of the General Assembly. The initial appointive members shall be appointed after the date of ratification of this Article and each shall serve for the remainder of his elective term of office and until his successor is appointed or until he ceases to be a member of the General Assembly, whichever occurs first. A vacancy in one of the appointive positions shall be filled in the same manner that the vacated position was originally filled, and the person so appointed shall serve for the remainder of the unexpired term of the person whom he succeeds. In the event the office of Speaker becomes vacated, the four Representatives shall elect one of themselves to perform the duties of the Speaker as required by this Article. In the event the office of President pro tempore becomes vacated, the four Senators shall elect one of themselves to perform the duties of President pro tempore as required by this Article. Members so elevated shall perform the duties required by this Article until a Speaker or a President pro tempore is duly elected by the appropriate house.

(b) The President pro tempore of the Senate or his designee from the Commission membership shall be the chairman of the Commission in odd-numbered years and the Speaker of the House of Representatives or his designee from the Commission membership shall be chairman of the Commission in even-numbered years.

(c) The Commission may elect from its membership such other officers as it deems appropriate, and may appoint other members of the General Assembly to serve on any committee of the Commission.

(c1) Six members of the Commission constitute a quorum.

(d) The Commission may adopt rules governing its own organization and proceedings.

(e) Members of the Commission, when the General Assembly is not in session, shall be reimbursed for subsistence and travel allowance as provided for members of the General Assembly when in session for such days as they are engaged in the performance of their duties.

(f) In any case where any provision of law or any rule of the Legislative Services Commission requires approval of any action by the Legislative Services Commission, approval of that action by the President Pro Tempore of the Senate and by the Speaker of the House of Representatives constitutes approval of the Commission. (1969, c. 1184, s. 1; 1971, c. 1116, ss. 1-3; 1999-431, s. 3.6(a); 2011-291, s. 1.1(a); 2014-115, ss. 53(a), (b).)

§ 120-32.  Commission duties.

The Legislative Services Commission is authorized to:

(1) Determine the number, titles, classification, functions, compensation, and other conditions of employment of the joint legislative service employees of the General Assembly, including but not limited to the following departments:

a. Legislative Services Officer and personnel.

b. Electronic document writing system.

c. Proofreaders.

d. Legislative printing.

e. Enrolling clerk and personnel.

f. Library.

g. Research and bill drafting.

h. Printed bills.

i. Disbursing and supply.

j. Repealed by Session Laws 2021-180, s. 27.2(a), effective July 1, 2021.

Temporary employees of the General Assembly are exempt from the provisions of G.S. 135-3(8)c., as to compensation earned in that status.

(2) Determine the classification and compensation of employees of the respective houses other than staff elected officers; however, the hiring of employees of each house and their duties shall be prescribed by the rules and administrative regulations of the respective house;

(2a) Obtain a criminal history record check of a prospective employee, volunteer, or contractor of the General Assembly and lobbyists and liaison personnel registered under Chapter 120C of the General Statutes. The criminal history record check shall be conducted by the State Bureau of Investigation as provided in G.S. 143B-973. G.S.143B-1209.55. The criminal history report shall be provided to the Legislative Services Officer and is not a public record under Chapter 132 of the General Statutes.

(3) Acquire and dispose of personal property or fixtures required by the General Assembly, its agencies and commissions and maintain custody of same between sessions. It shall be a Class 1 misdemeanor for any person(s) to remove any state-owned personal property or fixtures from the State Legislative Building for any purpose whatsoever, except as approved by the Legislative Services Commission;

(4) Contract for services required of the General Assembly, its agencies, and commissions; however, any departure from established operating procedures, requiring a substantial expenditure of funds, shall be approved by appropriate resolution of the General Assembly;

(5) a. Provide for engrossing and enrolling of bills,

b. Appoint an enrolling clerk to act under its supervision in the enrollment and ratification of acts;

(6) a. Provide for the duplication and limited distribution of copies of ratified laws and joint resolutions of the General Assembly and forward such copies to the persons authorized to receive same,

b. Maintain such records of legislative activities and publish such documents as it may deem appropriate for the operation of the General Assembly;

(7) a. Provide for the indexing and printing of the session laws of each regular, extra or special session of the General Assembly and provide for the printing of the journal of each house of the General Assembly,

b. Provide and supply to the Secretary of State such bound volumes of the journals and session laws and of these publications in electronic format as may be required by the Secretary of State to be distributed under the provisions of G.S. 147-45, 147-46.1 and 147-48.

(8) Repealed by Session Laws 1985 (Regular Session, 1986), c. 1014, s. 40(c).

(9) Establish a bill drafting division to draft bills at the request of members or committees of the General Assembly.

(10) Select the locations for buildings occupied by the General Assembly, and to name any building occupied by the General Assembly.

(11) Specify, at its sole discretion, the operating and capital uses within the General Assembly budget of funds appropriated to the General Assembly, including which funds remain available for expenditure after the end of the biennial fiscal period and which funds revert under G.S. 143C-1-2.

(12) Provide insurance to provide excess indemnity for any occurrence which results in a claim against any member of the General Assembly, as provided in G.S. 143-300.2 through G.S. 143-300.6. That insurance may not provide for any indemnity to be payable for any claim not covered by the above cited statutes, nor for any criminal act by a member, nor for any act committed by a member or former member prior to the inception of insurance.

(13) Provide insurance to provide excess indemnity for any occurrence that results in a claim against any employee, officer, or committee, subcommittee, or commission member in the legislative branch other than a member of the General Assembly, as provided in G.S. 143-300.2 through G.S. 143-300.6. That insurance may not provide for any indemnity to be payable for any claim not covered by the above cited statutes, nor for any criminal act, nor for any act committed prior to the inception of insurance.

(14) Prepare the Constitutional Amendments Publication pursuant to G.S. 147-54.10. (1969, c. 1184, s. 2; 1971, c. 685, s. 2; c. 1200, s. 8; 1977, c. 802, s. 50.60; 1981 (Reg. Sess., 1982), c. 1191, s. 67; 1983 (Reg. Sess., 1984), c. 1034, s. 182; 1985, c. 479, s. 176(a), (b); 1985 (Reg. Sess., 1986), c. 1014, s. 40(c); 1993, c. 539, s. 912; 1994, Ex. Sess., c. 24, s. 14(c); 2001-424, s. 32.21A(a); 2001-513, s. 16(c); 2006-203, s. 59; 2007-78, s. 1; 2013-360, s. 36.13; 2020-29, s. 11; 2021-180, s. 27.2(a); 2023-134, ss. 19F.4(nn), 27.4(a), 27.5(a).)

§ 120-32.01.  Information to be supplied.

(a) Every State department, State agency, or State institution shall furnish the Legislative Services Office and the Legislative Analysis, Fiscal Research, and Legislative Drafting Divisions any information or records requested by them and access to any facilities and personnel requested by them. Except when accessibility is prohibited by a federal statute, federal regulation, or State statute, every State department, State agency, or State institution shall give the Legislative Services Office and these divisions access to any database or stored information maintained by computer, telecommunications, or other electronic data processing equipment, whether stored on tape, disk, or otherwise, and regardless of the medium for storage or transmission.

(b) Notwithstanding subsection (a) of this section, access to the BEACON/HR payroll system by the Legislative Analysis and Legislative Drafting Divisions shall only be through the Fiscal Research Division.

(c) Consistent with subsection (a) of this section and notwithstanding any other law relating to privacy of personnel records, the Retirement Systems Division of the Department of State Treasurer shall furnish the Fiscal Research Division direct online read-only access to active and retired member information or records maintained by the Retirement Systems Division in online information systems. Direct online read-only access shall not include access to medical records of individual members or to tax records and other tax-related documents of members and beneficiaries. Nothing in this subsection limits the provisions of subsection (a) of this section.

(d) For the purpose of ensuring financial transparency, accountability, and efficient operation of the Medicaid program finances by the Department of Health and Human Services, employees of the Fiscal Research Division designated by the Director of Fiscal Research shall have access to all records related to the Medicaid program. The Department of Health and Human Services shall cooperate fully with the designated employees of the Fiscal Research Division to facilitate (i) the evaluation of all financial and policy components of the Medicaid program, including financial projections, (ii) the evaluation of the budgetary construction and management of the Medicaid program, and (iii) the identification of unusual financial events. The Department shall also provide the Fiscal Research Division with electronic access to any departmental data for assessing or predicting Medicaid financial outcomes, and to any modeling software used for assessing or predicting Medicaid program financial outcomes. Employees of the Department shall not impede, delay, or restrict the provision of information or limit access to any departmental personnel necessary for the Fiscal Research Division to perform its monitoring and analysis of the Medicaid program.

Nothing in this subsection grants Fiscal Research Division employees access to medical records of individuals or other information protected under the Health Information Portability and Accountability Act (HIPAA).

Nothing in this subsection limits the provisions of subsection (a) of this section.

(e) The Department of Health and Human Services shall provide its annual financial projection of Medicaid program expenditures and requirements for any future fiscal years to the Chairs of the House Appropriations Committee and to the Chairs of the Senate Appropriations/Base Budget Committee no later than the date the Governor presents budget recommendations in accordance with G.S. 143C-3-5. Prior to providing this projection, the Secretary shall cooperatively engage designated employees of the Fiscal Research Division in ongoing bilateral analytical discussions about historical, current, and unanticipated factors that may impact projected Medicaid program financial outcomes that may affect the formulation of an official departmental annual financial projection.

Nothing in this subsection limits the provisions of subsection (a) of this section. (1983 (Reg. Sess., 1984), c. 1034, s. 177; 1996, 2nd Ex. Sess., c. 18, s. 8.2; 2007-78, s. 2; 2007-103, s. 1; 2011-145, s. 29.21C; 2012-142, s. 6.12; 2012-178, s. 1; 2018-142, s. 4(d); 2021-180, s. 27.2(d), (g).)

§ 120-32.02.  Legislative commissions' and committees' employees and consultants.

(a) In the construction of a statute creating, continuing, or modifying a commission or committee whose funds are appropriated or transferred to the General Assembly or to the Legislative Services Commission for disbursement, unless that construction would be inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute, the creation, continuation, or modification of the commission or committee shall not be construed as a grant of authority to the commission or committee to hire its own employees or to contract for consultant or other services.

(b) Notwithstanding any other provision of law, a commission or committee whose funds are appropriated or transferred to the General Assembly or to the Legislative Services Commission for disbursement and which has the power to contract for consultants or hire employees, or both, may contract for consultants, or hire employees, or both, only upon the prior approval of the Legislative Services Commission.  A contract for employment or consultant services by such a commission or committee is void and unenforceable unless approved by the Legislative Services Commission prior to the contract being entered into.

(c) This section shall not apply to contracts of employment or for consultant services for standing or select committees of either house of the General Assembly, or subcommittees thereof, which shall be entered into by either the Speaker of the House or the President Pro Tempore of the Senate, as appropriate, and governed by the provisions of G.S. 120-35. (1987 (Reg. Sess., 1988), c. 1100, s. 9.1.)

§ 120-32.03.  Grants and contributions to legislative commissions and committees.

(a) In the construction of a statute creating, continuing, or modifying a commission or committee whose funds are appropriated or transferred to the General Assembly or to the Legislative Services Commission for disbursement, unless that construction would be inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute, the creation, continuation, or modification of the commission or committee shall not be construed as a grant of authority to the commission or committee to apply for, receive or accept grants, loans, and advances of non-State funds, or to receive and accept contributions from any source, of money, property, labor, or any other thing of value in order for it to conduct its work.

(b) Notwithstanding any other provision of law, a commission or committee whose funds are appropriated or transferred to the General Assembly or to the Legislative Services Commission for disbursement may, only with specific approval of the Legislative Services Commission, apply for, receive, or accept grants and contributions, from any source, of money, property, labor, or any other thing of value, to be held and used for the purposes set forth in the act creating the commission or committee. Any thing of value remaining at the termination of the commission or committee shall be deposited with the Legislative Services Commission to be employed for the use of the General Assembly. (1987 (Reg. Sess., 1988), c. 1100, s. 9.1.)

§ 120-32.04.  North Carolina Youth Legislative Assembly Fund.

The North Carolina Youth Legislative Assembly Fund is created as a special and nonreverting fund. Conference registration fees, gifts, donations, or contributions to or for the North Carolina Youth Legislative Assembly (YLA) program shall be credited to the Fund.

The Fund shall be used solely to support planning and execution of the YLA program. (2000-67, s. 23.1; 2004-124, s. 19.10; 2014-100, s. 30.3; 2016-94, s. 32.5(k).)

§ 120-32.1.  Use and maintenance of buildings and grounds.

(a) The Legislative Services Commission shall:

(1) Establish policy for the use of the State legislative buildings and grounds.

(2) Maintain and care for the State legislative buildings and grounds, but the Commission may delegate the actual work of the maintenance of those buildings and grounds to the Department of Administration, which shall perform the work as delegated.

(3) Provide security for the State legislative buildings and grounds.

(4) Allocate space within the State legislative buildings and grounds.

(5) Have the exclusive authority to assign parking space in the State legislative buildings and grounds and any spaces provided in Lot 7 of the State Government Parking Complex in accordance with G.S. 143-340(18a).

(a1) The Legislative Services Commission may establish a policy for allowing lobbyists and liaison personnel registered under Chapter 120C of the General Statutes to obtain a pass authorizing expedited entry into the State Legislative Building and the Legislative Office Building during the hours these buildings are open to the public. The policy may include a process to revoke or suspend a pass for violating the policy and may provide for the deactivation of all expedited entry passes for any reason deemed advisable by the Commission. The Commission may charge lobbyists a fee of up to two thousand dollars ($2,000) and liaison personnel up to one thousand dollars ($1,000) per pass each regular session. Fees shall not be prorated or refunded.

(b) The Legislative Services Officer shall have posted the rules adopted by the Legislative Services Commission under the authority of this section in a conspicuous place in the State Legislative Building and the Legislative Office Building. The Legislative Services Officer shall have filed a copy of the rules, certified by the chairman of the Legislative Services Commission, in the office of the Secretary of State and in the office of the Clerk of the Superior Court of Wake County. When so posted and filed, these rules shall constitute notice to all persons of the existence and text of the rules. Any person, whether on his own behalf or for another, or acting as an agent or representative of any person, firm, corporation, partnership or association, who knowingly violates any of the rules adopted, posted and filed under the authority of this section is guilty of a Class 1 misdemeanor. Any person, firm, corporation, partnership or association who combines, confederates, conspires, aids, abets, solicits, urges, instigates, counsels, advises, encourages or procures another or others to knowingly violate any of the rules adopted, posted and filed under the authority of this section is guilty of a Class 1 misdemeanor. The President Pro Tempore of the Senate and the Speaker of the House of Representatives may waive in writing the application of any rule adopted by the Legislative Services Commission to either or both of the House and Senate Sergeants-at-Arms of the General Assembly, and such a jointly-executed waiver shall be a defense against any prosecution for violation of such rule. Such a waiver shall extend no longer than the expiration of their then current term of office. A copy of such waiver shall be delivered to the Chief of the General Assembly Special Police.

(c) The Legislative Services Commission may cause to be removed at the owner's expense any vehicle parked in the State legislative buildings and grounds in violation of the rules of the Legislative Services Commission and may cause to be removed any vehicle parked in any State-owned parking space leased to an employee of the General Assembly where the vehicle is parked without the consent of the employee to whom the space is leased.

(c1) No rule adopted under this section shall prohibit the transportation or storage of a firearm in a closed compartment or container within a person's locked vehicle or in a locked container securely affixed to a person's vehicle. Notwithstanding any other provision of law, a legislator or legislative employee who parks a vehicle in a State-owned parking space that is leased or assigned to that legislator or legislative employee may transport a firearm to the parking space and store that firearm in the vehicle parked in the parking space, provided that: (i) the firearm is in a closed compartment or container within the legislator's or legislative employee's locked vehicle, or (ii) the firearm is in a locked container securely affixed to the legislator or legislative employee's vehicle.

(d) For the purposes of this section, the term "State legislative buildings and grounds" means:

(1) The State Legislative Building.

(1a) The areas between the outer walls of the State Legislative Building and the far curbline of those sections of Jones, Wilmington, Salisbury, and Lane Streets that border the land on which it is situated.

(1b) The Legislative Office Building, which shall include the following areas:

a. The garden area and outer stairway.

b. The loading dock area bounded by the wall on the east abutting the Halifax Street Mall, the southern edge of the southernmost exit lane on Salisbury Street for the parking deck, and the Salisbury Street sidewalk.

c. The area between its outer wall and the near curbline of that section of Lane Street that borders the land on which it is situated.

d. The area bounded by its western outer wall, the extension of a line along its northern outer wall to the middle of Salisbury Street, following the middle line of Salisbury Street to the nearest point of the intersection of Lane and Salisbury Streets, and thence east to the near curbline of the Legislative Office Building at its southwestern corner.

(1c) Any State-owned parking lot which is leased to the General Assembly.

(1d) The bridge between the State Legislative Building and the Halifax Street Mall.

(1e) A portion of the brick sidewalk surface area of the Halifax Street Mall, described as follows: beginning at the northeast corner of the Legislative Office Building, thence east across the brick sidewalk to the inner edge of the sidewalk adjacent to the grassy area of the Mall, thence south along the inner edge of the sidewalk to the southwest outer corner of the grassy area of the Mall, thence east along the inner edge of the sidewalk adjacent to the southern outer edge of the grassy area of the Mall to a point north of the northeast corner of the pedestrian surface of the Lane Street pedestrian bridge, thence south from that point to the northeast corner of the pedestrian surface of the bridge, thence west along the southern edge of the brick sidewalk area of the Mall to the southeast corner of the Legislative Office Building, thence north along the east wall of the Legislative Office Building, to the point of beginning.

(1f) From the center of Lane Street to the far curbline on the south side of the street; between the western edge of the Lane Street driveway to the gardens behind the State Records Center, and Wilmington Street.

(2) Repealed by Session Laws 1998-156, s. 1, effective September 24, 1998.

(3) The parking spaces in the upper level of State Parking Deck 65 located under the Halifax Street Mall. (1973, c. 99, s. 1; 1975, c. 145, s. 3; 1981, c. 772, ss. 3, 4; 1991 (Reg. Sess., 1992), c. 1044, s. 7(a); 1993, c. 539, s. 913; 1994, Ex. Sess., c. 24, s. 14(c); 1996, 2nd Ex. Sess., c. 18, ss. 8(c), 8.1; 1998-156, s. 1; 2003-284, s. 19B.2; 2006-264, s. 60; 2011-63, s. 3; 2011-268, s. 25; 2017-199, s. 1; 2023-134, s. 27.4(b).)

§ 120-32.1A.  Evacuation of legislative buildings and grounds.

The Chief of the General Assembly Police, or the Chief's designee, shall exercise at all times those means that, in the opinion of the Chief, or the Chief's designee, may be effective in protecting the State legislative buildings and grounds and the persons within those buildings and grounds from fire, bombs, bomb threats, or any other emergency or potentially hazardous conditions, including both the ordering and control of the evacuation of those buildings and grounds. The Chief, or the Chief's designee, may employ the assistance of other available law enforcement agencies and emergency agencies to aid and assist in evacuations of the legislative buildings and grounds. (1997-112, s. 2.)

§ 120-32.2.  General Assembly Special Police.

(a) All sworn members of the General Assembly Special Police employed by the Legislative Services Office are special police officers, and have all the powers of policemen of cities, within any of the following areas of jurisdiction, while on official duty:

(1) Within those areas of the City of Raleigh and of the unincorporated parts of Wake County surrounded by the innermost right-of-way of Interstate 440.

(2) Throughout the State:

a. While accompanying a member of the General Assembly who is conducting, or traveling to or from, his or her official duties.

b. While preparing for, or providing security to, a session of either or both houses of the General Assembly, or official events directly related to that session.

c. While performing advance work for continuity of government planning and performing advance work and providing security for the protection of legislative members, staff, and the public for any meeting of a study, standing, select, or joint select committee, a caucus, or any committee or commission meeting of the General Assembly, or any state, regional, or national meetings of legislative bodies or organizations representing legislative bodies, and while accompanying a member of the General Assembly to or from any event listed in this subdivision.

d. While conducting a criminal investigation of a threat of physical violence against the General Assembly, a member or staff of the General Assembly, or their immediate family.

e. While accompanying a member of the General Assembly for the purpose of providing executive protection in response to a threat of physical violence.

f. While serving a subpoena issued by the General Assembly or any committee of the General Assembly authorized to issue a subpoena under the provisions of Chapter 120 of the General Statutes.

(b) General Assembly Special Police officers may arrest persons outside the areas described in subsection (a) of this section when the person arrested has committed a criminal offense within any of the areas, for which the officer could have arrested the person within that area, and the arrest is made during such person's immediate and continuous flight from that area.

(c) The General Assembly Special Police officers have the exclusive authority and responsibility for enforcing the parking rules of the Legislative Services Commission. (1975, c. 145, s. 1; 1981, c. 772, s. 5; 1991 (Reg. Sess., 1992), c. 1044, s. 7(b); 2005-359, s. 1; 2008-145, s. 1; 2011-63, s. 1.)

§ 120-32.3.  Oath of General Assembly Special Police officers.

Before exercising the duties of a special police officer, each General Assembly Special Police officer shall take an oath before some officer empowered to administer oaths, and the oaths shall be filed with the Clerk of Superior Court of Wake County. The oath of office shall be as follows:

"State of North Carolina, Wake County.

"I, ________, do solemnly swear (or affirm) that I will well and truly execute the duties of General Assembly Special Police officer in the State Legislative Building and other buildings and grounds subject to the jurisdiction of the Legislative Services Commission and in other areas designated by law, according to the best of my skill and ability and according to law; and that I will use my best endeavors to enforce all rules and regulations of the Legislative Services Commission concerning use of those buildings and grounds and all laws of the State of North Carolina. So help me, God.

"Sworn and subscribed to before me, this the ____ day of ______, A.D. ____"

  (1975, c. 145, s. 2; 1981, c. 772, s. 6; 2005-359, s. 2; 2008-145, s. 2.)

§ 120-32.4.  Subpoena and contempt powers.

The provisions of G.S. 120-19.1 through 120-19.4 shall apply to the proceedings of the Legislative Services Commission as if it were a joint committee of the General Assembly. (1977, c. 344, s. 5.)

§ 120-32.5.  Leave for temporary employees.

Temporary part-time or full-time employees of the General Assembly who have four years of aggregate employment with the General Assembly (temporary or permanent) shall receive the same holidays, vacation leave, and sick leave as permanent part-time or full-time employees of the General Assembly respectively, or as may be determined by the Legislative Services Commission. (1983, c. 923, s. 217.)

§ 120-32.6.  Certain employment authority.

(a) Use of Private Counsel. - G.S. 114-2.3, 143C-6-9(b), and 147-17(a) through (c1) shall not apply to the General Assembly.

(b) General Assembly Acting on Behalf of the State of North Carolina in Certain Actions. - Whenever the validity or constitutionality of an act of the General Assembly or a provision of the Constitution of North Carolina is the subject of an action in any State or federal court, the Speaker of the House of Representatives and the President Pro Tempore of the Senate, as agents of the State through the General Assembly, shall be necessary parties and shall be deemed to be a client of the Attorney General for purposes of that action as a matter of law and pursuant to Section 7(2) of Article III of the North Carolina Constitution. In such cases, the General Assembly shall be deemed to be the State of North Carolina to the extent provided in G.S. 1-72.2(a) unless waived pursuant to this subsection. Additionally, in such cases, the General Assembly through the Speaker of the House of Representatives and President Pro Tempore of the Senate jointly shall possess final decision-making authority with respect to the defense of the challenged act of the General Assembly or provision of the North Carolina Constitution. In any such action, the General Assembly, through the Speaker of the House of Representatives and the President Pro Tempore of the Senate, may waive such representation and decline to participate in the action by written notice to the Attorney General.

(c) General Assembly Counsel Shall Be Lead Counsel. - In those instances when the General Assembly employs counsel in addition to or other than the Attorney General, the Speaker of the House of Representatives and the President Pro Tempore of the Senate may jointly designate the counsel employed by the General Assembly as lead counsel in the defense of the challenged act of the General Assembly or provision of the North Carolina Constitution. The lead counsel so designated shall possess final decision-making authority with respect to the representation, counsel, or service for the General Assembly. Other counsel for the General Assembly shall, consistent with the Rules of Professional Conduct, cooperate with such designated lead counsel.

(d) The rights provided by this section shall be supplemental to those provided by any other provision of law.

(e) Notwithstanding any other provision of law, the participation of the Speaker of the House of Representatives and the President Pro Tempore of the Senate in any action challenging the validity of a North Carolina statute or provision of the North Carolina Constitution under State or federal law, as a party or otherwise, shall not constitute a waiver of legislative immunity or legislative privilege of any individual legislator or legislative officer or staff of the General Assembly. (2006-201, s. 3; 2011-145, s. 22.5; 2014-100, s. 17.3A(a); 2017-57, ss. 6.7(g), (l).)

§ 120-33.  Duties of enrolling clerk.

(a) All bills passed by the General Assembly shall be enrolled for ratification under the supervision of the enrolling clerk.

(b) Prior to enrolling any bill, the enrolling clerk shall substitute the corresponding Arabic numeral(s) for any date or section number of the General Statutes or of any act of the General Assembly which is written in words. The enrolled bill shall have the word "RATIFIED" following the bill number.

(c) All bills shall be typewritten and carefully proofread before enrollment.

(d) Upon ratification of an act or joint resolution, the enrolling clerk shall present one true ratified copy:

(1) To the Governor of any act except acts not required to be presented to the Governor under Article II, Section 22 of the Constitution of North Carolina; and

(2) To the Secretary of State of:

a. Acts not required to be presented to the Governor under Article II, Section 22 of the Constitution of North Carolina; and

b. Joint resolutions.

In the case of any bill presented to the Governor, the enrolling clerk shall write upon the bill the time and date presented to the Governor.

(d1) The enrolling clerk shall present to the Secretary of State one true ratified copy of:

(1) Any bill which has become law with the approval of the Governor as provided by G.S. 120-29.1(a);

(2) Any bill which has become law without the approval of the Governor as provided by G.S. 120-29.1(b); and

(3) Any bill which has become law notwithstanding the objections of the Governor, as provided by G.S. 120-29.1(c).

(d2) No bill required to be presented to the Governor under Article II, Section 22 of the Constitution of North Carolina shall be so presented until the next business day after the bill was ratified, unless expressly ordered by that house where such bill was ordered enrolled. For the purpose of this section, a business day is a weekday other than one on which there is both a State employee holiday and neither house is in session. No bill required to be presented to the Governor under Article II, Section 22 of the North Carolina Constitution shall be recalled from the Enrolling Clerk or Governor after it has been ratified but before it has been acted upon by the Governor except by joint resolution.

(e) Repealed by Session Laws 1995, c. 20, s. 1.

(f) The enrolling clerk upon completion of duties after each session shall deposit the original bills and resolutions enrolled for ratification with the Secretary of State. (1969, c. 1184, s. 3; 1995, c. 20, s. 1; 1997-1, s. 1.)

§ 120-34.  Printing of session laws; numbering of session laws.

(a) The Legislative Services Commission shall publish all laws and joint resolutions passed at each session of the General Assembly and the executive orders of the Governor issued since the adjournment of the prior session of the General Assembly. The laws and joint resolutions shall be kept separate and indexed separately. Each volume shall contain a certificate from the Secretary of State stating that the volume was printed under the direction of the Legislative Services Commission from ratified acts and resolutions and executive orders of the Governor on file in the Office of the Secretary of State. The Commission may publish the Session Laws and House and Senate Journals of extra and special sessions of the General Assembly in the same volume or volumes as those of regular sessions of the General Assembly. In printing the ratified acts and resolutions, the signatures of the presiding officers and the Governor shall be omitted.

The enrolling clerk or the Legislative Services Office shall assign to each bill that becomes law a number in the order the bill became law, and the laws shall be printed in the Session Laws in that order. The number shall be preceded by the phrase "Session Law" or the letters "S.L." followed by the calendar year it was ordered enrolled, followed by a hyphen and the sequential law number. Laws of Extra Sessions shall so indicate. In the case of any bill required to be presented to the Governor, and which became law, the Session Laws shall carry, below the date of ratification, editorial notes as to what time and what date the bill became law. In any case where the Governor has returned a bill to the General Assembly with objections, those objections shall be printed verbatim in the Session Laws, regardless of whether or not the bill became law notwithstanding the objections.

(b) All index references with respect to the session laws shall refer to the Chapter numbers of such laws in lieu of page numbers, and all index references to resolutions shall refer to the resolution numbers of the resolutions in lieu of page numbers, to the end that the indexes shall thereby be made consistent with the index to the General Statutes which refers to the section numbers and not to page numbers.

(c) There shall be printed not more than 2,500 volumes of the session laws and 600 volumes of the journals of each house of each session of the General Assembly, all of which shall be bound, and delivered to the Secretary of State for distribution by him under the provisions of G.S. 147-45, G.S. 147-46.1, G.S. 147-48 and other applicable statutes. (1969, c. 1184, s. 4; 1971, c. 685, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 179; 1995, c. 20, s. 12; 1997-456, s. 45; 2001-513, s. 16(d).)

§ 120-35.  Payment for expenses.

Actual expenses for the joint operation of the General Assembly shall be paid by the State Treasurer upon authorization of the President pro tempore of the Senate and the Speaker of the House of Representatives. Expenses for the operation of the Senate shall be paid upon authorization of the President pro tempore of the Senate. Expenses for the operation of the House shall be paid upon authorization of the Speaker of the House. (1969, c. 1184, s. 5; 1971, c. 1200, s. 6.)

§ 120-36.  Legislative Services Officer of the General Assembly.

(a) The Legislative Services Officer of the General Assembly shall be appointed by and serve at the pleasure of the Legislative Services Commission, and his compensation shall be fixed by the Legislative Services Commission.

(b) The Legislative Services Officer of the General Assembly shall perform such duties as are assigned to him by the Legislative Services Commission and shall be available to the Legislative Research Commission to provide such clerical, printing, drafting, and research duties as are necessary to the proper functions of the Legislative Research Commission. (1969, c. 1184, s. 6.)

Article 7A.

Fiscal Research Division.

§ 120-36.1.  Fiscal Research Division of Legislative Services Commission established.

There is hereby established the Fiscal Research Division of the Legislative Services Commission, which shall be solely a staff agency of the General Assembly, shall be responsible to the General Assembly through the Commission, and shall be independent of all other officers, agencies, boards, commissions, divisions, and other instrumentalities of State government. The Division shall not be subject to the Executive Budget Act or the North Carolina Human Resources Act. (1971, c. 659, s. 1; 2013-382, s. 9.1(c).)

§ 120-36.2.  Organization.

(a) The Legislative Services Commission shall appoint a Director of Fiscal Research, who shall serve at the pleasure of the Commission. The Director of Fiscal Research shall be responsible to the Legislative Services Officer in the performance of his duties.

(b) The Director of Fiscal Research shall assign the duties and supervise and direct the activities of the employees of the Division.

(c) The Director and employees of the Division shall receive salaries that shall be fixed by the Commission, shall receive the travel and subsistence allowances fixed by G.S. 138-6 and 138-7, and shall be entitled to the other benefits available to State employees. (1971, c. 659, s. 1; 2006-259, s. 22.)

§ 120-36.3.  Functions.

In addition to the functions prescribed in Article 7 of Chapter 120, the Legislative Services Commission, acting through the Fiscal Research Division, shall have the following powers and duties:

(1) To make periodic and special analyses of past receipts and expenditures and of current requests and recommendations for appropriations of State departments, agencies, and institutions, giving special consideration to the requests and recommendations for appropriations to continue current programs and services;

(2) To review and evaluate compliance by State departments, agencies, and institutions with such legislative directions as may be contained in the State budget;

(3) To examine the structure and organization of State departments, agencies, and institutions and recommend such changes as considerations of increased efficiency might indicate;

(4) To make such other studies, analyses, and inquiries into the  affairs of State government as may be directed by the Legislative Services Commission, by the Committee on Appropriations of either house, or by either house of the General Assembly.

(5) To make periodic reports on the activities of the Division and special reports on the above-mentioned studies, reviews, analyses, evaluations, examinations, and inquiries to the Committee on Appropriations of either house of the General Assembly, or to either house of the General Assembly, as may be appropriate. The reports of the Division shall, where feasible, include estimates of the financial savings achieved by or anticipated to result from its recommendations. (1971, c. 659, s. 1.)

§ 120-36.4: Repealed by Session Laws 1983 (Regular Session 1984), c.  1034, s. 176.

§ 120-36.5.  Office space and equipment.

The Fiscal Research Division shall be provided with suitable office space and equipment. (1971, c. 659, s. 1; 1981; c. 772, s. 7; c. 859, s. 13.3.)

§ 120-36.6.  Legislative Fiscal Research staff participation.

The Legislative Services Officer shall designate a member of the Fiscal Research staff and a member of the Legislative Analysis or Legislative Drafting staff who may attend all meetings of the Council of State, unless the Council has voted to exclude them from the specific meeting, provided that no final action may be taken while they are so excluded. The Legislative Services Officer and the Director of Fiscal Research shall be notified of all meetings, hearings, and trips in the same manner and at the same time as notice is given to members of the Council. The Legislative Services Officer and the Director of Fiscal Research shall be provided with a copy of all reports, memoranda, and other informational material which are distributed to the members of the Council; these reports, memoranda, and materials shall be delivered to the Legislative Services Officer and the Director of Fiscal Research at the same time that they are distributed to the members of the Council. (1971, c. 659, s. 2; 1983 (Reg. Sess., 1984), c. 1034, s. 177.1; 1996, 2nd Ex. Sess., c. 18, s. 8(d); 2006-203, s. 60; 2013-234, s. 7; 2018-142, s. 4(e).)

§ 120-36.7.  Long-term fiscal notes.

(a) Budget Outlook; Proposed Legislation. - Every fiscal analysis of the State budget outlook shall encompass the upcoming five-year period.  Every fiscal analysis of the impact of proposed legislation on the State budget shall estimate the impact for the first five fiscal years the legislation would be in effect.

(b) Proposed State Buildings. - Upon the request of a member of the General Assembly, the Fiscal Research Division shall prepare a fiscal analysis of proposed legislation to appropriate funds for a State building.  The analysis shall estimate the projected maintenance and operating costs of the building for the first 20 fiscal years after it is completed.

(c) Proposed New Programs. - Upon the request of a member of the General Assembly, the Fiscal Research Division shall prepare a fiscal analysis of proposed legislation to create a new State program.  The analysis shall identify and estimate all personnel costs of the proposed new program for the first five fiscal years it will operate.  The analysis shall also include a five-year estimate of space requirements, an indication of whether those requirements can be satisfied using existing State-owned facilities, and estimated costs of occupying leased space where State-owned space is not available.

(d) Proposed Increases in Incarceration. - Every bill and resolution introduced in the General Assembly proposing any change in the law that could cause a net increase in the length of time for which persons are incarcerated or the number of persons incarcerated, whether by increasing penalties for violating existing laws, by criminalizing behavior, or by any other means, shall have attached to it at the time of its consideration by the General Assembly a fiscal note prepared by the Fiscal Research Division.  The fiscal note shall be prepared in consultation with the Sentencing Policy and Advisory Commission and shall identify and estimate, for the first five fiscal years the proposed change would be in effect, all costs of the proposed net increase in incarceration, including capital outlay costs if the legislation would require increased cell space.  If, after careful investigation, the Fiscal Research Division determines that no dollar estimate is possible, the note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given.  No comment or opinion shall be included in the fiscal note with regard to the merits of the measure for which the note is prepared.  However, technical and mechanical defects may be noted.

The sponsor of each bill or resolution to which this subsection applies shall present a copy of the bill or resolution with the request for a fiscal note to the Fiscal Research Division.  Upon receipt of the request and the copy of the bill or resolution, the Fiscal Research Division shall prepare the fiscal note as promptly as possible.  The Fiscal Research Division shall prepare the fiscal note and transmit it to the sponsor within two weeks after the request is made, unless the sponsor agrees to an extension of time.

This fiscal note shall be attached to the original of each proposed bill or resolution that is reported favorably by any committee of the General Assembly, but shall be separate from the bill or resolution and shall be clearly designated as a fiscal note.  A fiscal note attached to a bill or resolution pursuant to this subsection is not a part of the bill or resolution and is not an expression of legislative intent proposed by the bill or resolution.

If a committee of the General Assembly reports favorably a proposed bill or resolution with an amendment that proposes a change in the law that could cause a net increase in the length of time for which persons are incarcerated or the number of persons incarcerated, whether by increasing penalties for violating existing laws, by criminalizing behavior, or by any other means, the chair of the committee shall obtain from the Fiscal Research Division and attach to the amended bill or resolution a fiscal note as provided in this section. (1991, c. 689, s. 340; 1993, c. 561, s. 21.)

§ 120-36.7A.  Reports; consultation.

Whenever a provision of law directs any entity to submit a report to or consult with the Joint Legislative Commission on Governmental Operations, the entity shall also submit a copy of the report or materials provided with the consultation to the Fiscal Research Division. (2023-134, s. 27.10(c).)

Article 7B.

Legislative Analysis Division.

§ 120-36.8.  Certification of legislation required by federal law.

(a) Every bill and resolution introduced in the General Assembly proposing any change in the law which purports to implement federal law or to be required or necessary for compliance with federal law, or on which is conditioned the receipt of federal funds shall have attached to it at the time of its consideration by the General Assembly a certification prepared by the Legislative Analysis Division, in consultation with the Legislative Drafting and Fiscal Research Divisions, identifying the federal law requiring passage of the bill or resolution. The certification shall contain a statement setting forth the reasons why the bill or resolution is required by federal law. If the bill or resolution is not required by federal law or exceeds the requirements of federal law, then the certification shall state the reasons for that opinion. No comment or opinion shall be included in the certification with regard to the merits of the measure for which the certification is prepared. However, technical and mechanical defects may be noted.

(b) The sponsor of each bill or resolution to which this section applies shall present a copy of the bill or resolution with the request for certification to the Legislative Analysis Division. Upon receipt of the request and the copy of the bill or resolution, the Legislative Analysis Division shall consult with the Legislative Drafting and Fiscal Research Divisions, and may consult with the Office of State Budget and Management or any State agency on preparation of the certification as promptly as possible. The Legislative Analysis Division shall prepare the certification and transmit it to the sponsor within two weeks after the request is made, unless the sponsor agrees to an extension of time.

(c) This certification shall be attached to the original of each proposed bill or resolution that is reported favorably by any committee of the General Assembly, but shall be separate from the bill or resolution and shall be clearly designated as a certification. A certification attached to a bill or resolution pursuant to this section is not a part of the bill or resolution and is not an expression of legislative intent proposed by the bill or resolution.

(d) If a committee of the General Assembly reports favorably a proposed bill or resolution with an amendment proposing any change in the law which purports to implement federal law or to be required or necessary for compliance with federal law, the chair of the committee shall obtain from the Legislative Analysis Division and attach to the amended bill or resolution a certification as provided in this section. (1995, c. 415, s. 8; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2001-487, s. 79; 2018-142, s. 4(f).)

§ 120-36.9: Reserved for future codification purposes.

§ 120-36.10: Reserved for future codification purposes.

Article 7C.

Program Evaluation. [Repealed]

§ 120-36.11.  Program Evaluation Division established; definitions. [Repealed] (2007-78, s. 3; 2018-101, s. 1; repealed by 2021-180, s. 27.2(a), effective July 1, 2021.)

§ 120-36.12.  (Repealed) Functions of Program Evaluation Division. (2007-78, s. 3; 2008-196, s. 2(a); 2018-101, s. 1; repealed by 2021-180, s. 27.2(a), effective July 1, 2021.)

§ 120-36.13.  Biennial work plan for evaluations and measurability assessments. [Repealed] (2007-78, s. 3; 2008-196, s. 1(a); 2012-80, s. 2; 2015-264, s. 68.5(a); 2018-101, s. 1; repealed by 2021-180, s. 27.2(a), effective July 1, 2021.)

§ 120-36.14.  Contents of an evaluation report by the Program Evaluation Division. [Repealed] (2007-78, s. 3; 2015-264, s. 68.5(b); 2018-101, s. 1; repealed by 2021-180, s. 27.2(a), effective July 1, 2021.)

§ 120-36.15.  Joint Legislative Program Evaluation Oversight Committee established. [Repealed]  ( 2007-78, s. 3; 2018-101, s. 1; repealed by 2021-180, s. 27.2(a), effective July 1, 2021.)

§ 120-36.16.  Powers and duties of Joint Legislative Program Evaluation Oversight Committee. [Repealed] ( 2007-78, s. 3; 2007-484, s. 31; 2015-264, s. 68.5(c); 2018-101, s. 1; repealed by 2021-180, s. 27.2(a), effective July 1, 2021.)

§ 120-36.17: Repealed by Session Laws 2018-101, s. 1, effective June 26, 2018.

Article 7D.

Codification of Statutes.

§ 120-36.21.  Codification of Statutes.

The Legislative Services Officer shall assign to staff of the General Assembly the following duties:

(1) To supervise the recodification of all the statute law of North Carolina and supervise the keeping of such recodifications current by including therein all laws hereafter enacted by supplements thereto issued periodically, all of which recodifications and supplements shall be appropriately annotated.

(2) In order that the laws of North Carolina, as set out in the General Statutes of North Carolina, may be made and kept as simple, as clear, as concise and as complete as possible, and in order that the amount of construction and interpretation of the statutes required of the courts may be reduced to a minimum, to establish and maintain a system of continuous statute research and correction. To that end the staff shall:

a. Make a systematic study of the general statutes of the State, as set out in the General Statutes and as hereafter enacted by the General Assembly, for the purpose of ascertaining what ambiguities, conflicts, duplications and other imperfections of form and expression exist therein and how these defects may be corrected.

b. Consider such suggestions as may be submitted with respect to the existence of such defects and the proper correction thereof.

c. Prepare for submission to the General Assembly from time to time bills to correct such defects in the statutes as its research discloses. (1939, c. 315, s. 5; 1941, c. 35; 1943, c. 382; 2011-97, s. 1.)

§ 120-36.22.  Revisor of Statutes.

The member of the staff of the General Assembly who is assigned to perform the duties prescribed by G.S. 120-36.21(2) shall be known as the Revisor of Statutes. (1947, c. 114, s. 1; 1957, c. 541, s. 10; 1967, c. 260, s. 2; 2011-97, s. 1.)

Article 8.

Elected Officers.

§ 120-37.  (Effective until July 1, 2024) Elected officers; salaries; staff.

(a) At the convening of the first session of the General Assembly following each biennial election of members of the General Assembly, each house shall elect a principal clerk for a term of two years, subject to the condition that each officer shall serve at the pleasure of the house that elected him or her and until his or her successor is elected. The reading clerk and sergeant-at-arms of the Senate shall serve for terms of two years, subject to the condition that each serves at the pleasure of the Senate and until the officer's successor is elected. The reading clerk and sergeant-at-arms of the House of Representatives shall serve as provided in the rules of the House.

(b) The sergeant at arms and the reading clerk in each house shall be paid a salary of five hundred thirteen dollars ($513.00) per week plus subsistence at the same daily rate provided for members of the General Assembly, plus mileage at the rate provided for members of the General Assembly for one round trip only from their homes to Raleigh and return. The sergeants at arms shall serve during sessions of the General Assembly and at such time prior to the convening of, and subsequent to adjournment or recess of, sessions as may be authorized by the Legislative Services Commission. The reading clerks shall serve during sessions only.

(c) The principal clerks shall be full-time officers. Each principal clerk shall be entitled to other benefits available to permanent legislative employees and shall be paid an annual salary of one hundred thirty thousand thirty-five dollars ($130,035), payable monthly. Each principal clerk shall also receive such additional compensation as approved by the Speaker of the House of Representatives or the President Pro Tempore of the Senate, respectively, for additional employment duties beyond those provided by the rules of their House. The Legislative Services Commission shall review the salary of the principal clerks prior to submission of the proposed operating budget of the General Assembly to the Governor and shall make appropriate recommendations for changes in those salaries. Any changes enacted by the General Assembly shall be by amendment to this paragraph.

(d) The Legislative Services Commission may authorize additional full-time staff employees of the office of each principal clerk. The Speaker may assign to the Principal Clerk of the House additional duties for the periods between sessions and during recesses of the General Assembly. The President pro tempore of the Senate may assign to the Principal Clerk of the Senate additional duties for the periods between sessions and during recesses of the General Assembly.

(e) The principal clerks and the sergeants-at-arms may, upon authorization of the Legislative Services Commission, employ temporary assistants to prepare for each legislative session, serve during the session, and perform necessary duties following adjournment.

(f) Following adjournment sine die of each session of the General Assembly, each principal clerk shall retain in the clerk's office for a period of two years every bill and resolution considered by but not enacted or adopted by the clerk's house, together with the calendar books and other records deemed worthy of retention. At the end of two years, these materials shall be turned over to the Office of Archives and History of the Department of Natural and Cultural Resources for ultimate retention or disposition. (1969, c. 1184, s. 7; 1977, 2nd Sess., c. 1278; 1979, c. 838, s. 82; 1979, 2nd Sess., c. 1137, s. 8; 1981, c. 1127, s. 9; 1983, c. 761, s. 197; 1983 (Reg. Sess., 1984), c. 1034, s. 208; c. 1116, s. 110; 1985, c. 479, ss. 205, 207; c. 757, s. 189; 1985 (Reg. Sess., 1986), c. 1014, ss. 30, 31; 1987, c. 738, ss. 16, 17; 1987 (Reg. Sess., 1988), c. 1086, ss. 10, 11; c. 1100, s. 16(c); 1989, c. 752, ss. 27, 28; 1991, c. 756, s. 34; 1991 (Reg. Sess., 1992), c. 900, ss. 36, 37; 1993, c. 321, ss. 53, 54; 1993 (Reg. Sess., 1994), c. 769, ss. 7.6, 7.7; 1995, c. 507, ss. 7.9, 7.10; 1996, 2nd Ex. Sess., c. 18, ss. 28.7, 28.8; 1997-443, ss. 33.13, 33.14; 1998-153, ss. 10, 11; 1998-212, s. 28.7(a); 1999-237, ss. 28.7, 28.8; 2000-67, ss. 26.7, 26.8; 2001-424, ss. 32.8, 32.9; 2002-159, s. 35(f); 2004-124, ss. 31.8(b), 31.9(b); 2005-276, ss. 29.8, 29.9, 19B.1; 2005-345, s. 40; 2006-66, ss. 22.8, 22.9; 2006-203, s. 61; 2007-323, ss. 28.8, 28.9; 2008-107, ss. 26.8, 26.9; 2012-142, s. 25.1B(b), (c); 2014-100, s. 35.4(b), (c); 2015-241, s. 14.30(s); 2016-94, ss. 36.8, 36.9; 2017-57, ss. 35.6, 35.7; 2018-5, ss. 35.9, 35.10; 2019-177, s. 6; 2019-209, ss. 3.9(a), (a1), 3.10(a), (a1); 2021-180, ss. 39.10(a), (b), 39.11(a), (b); 2022-74, ss. 39.10, 39.11; 2023-134, ss. 39.11(a), 39.12(a).)

§ 120-37.  (Effective July 1, 2024) Elected officers; salaries; staff.

(a) At the convening of the first session of the General Assembly following each biennial election of members of the General Assembly, each house shall elect a principal clerk for a term of two years, subject to the condition that each officer shall serve at the pleasure of the house that elected him or her and until his or her successor is elected. The reading clerk and sergeant-at-arms of the Senate shall serve for terms of two years, subject to the condition that each serves at the pleasure of the Senate and until the officer's successor is elected. The reading clerk and sergeant-at-arms of the House of Representatives shall serve as provided in the rules of the House.

(b) The sergeant at arms and the reading clerk in each house shall be paid a salary of five hundred twenty-eight dollars ($528.00) per week plus subsistence at the same daily rate provided for members of the General Assembly, plus mileage at the rate provided for members of the General Assembly for one round trip only from their homes to Raleigh and return. The sergeants at arms shall serve during sessions of the General Assembly and at such time prior to the convening of, and subsequent to adjournment or recess of, sessions as may be authorized by the Legislative Services Commission. The reading clerks shall serve during sessions only.

(c) The principal clerks shall be full-time officers. Each principal clerk shall be entitled to other benefits available to permanent legislative employees and shall be paid an annual salary of one hundred thirty-three thousand nine hundred thirty-six dollars ($133,936), payable monthly. Each principal clerk shall also receive such additional compensation as approved by the Speaker of the House of Representatives or the President Pro Tempore of the Senate, respectively, for additional employment duties beyond those provided by the rules of their House. The Legislative Services Commission shall review the salary of the principal clerks prior to submission of the proposed operating budget of the General Assembly to the Governor and shall make appropriate recommendations for changes in those salaries. Any changes enacted by the General Assembly shall be by amendment to this paragraph.

(d) The Legislative Services Commission may authorize additional full-time staff employees of the office of each principal clerk. The Speaker may assign to the Principal Clerk of the House additional duties for the periods between sessions and during recesses of the General Assembly. The President pro tempore of the Senate may assign to the Principal Clerk of the Senate additional duties for the periods between sessions and during recesses of the General Assembly.

(e) The principal clerks and the sergeants-at-arms may, upon authorization of the Legislative Services Commission, employ temporary assistants to prepare for each legislative session, serve during the session, and perform necessary duties following adjournment.

(f) Following adjournment sine die of each session of the General Assembly, each principal clerk shall retain in the clerk's office for a period of two years every bill and resolution considered by but not enacted or adopted by the clerk's house, together with the calendar books and other records deemed worthy of retention. At the end of two years, these materials shall be turned over to the Office of Archives and History of the Department of Natural and Cultural Resources for ultimate retention or disposition. (1969, c. 1184, s. 7; 1977, 2nd Sess., c. 1278; 1979, c. 838, s. 82; 1979, 2nd Sess., c. 1137, s. 8; 1981, c. 1127, s. 9; 1983, c. 761, s. 197; 1983 (Reg. Sess., 1984), c. 1034, s. 208; c. 1116, s. 110; 1985, c. 479, ss. 205, 207; c. 757, s. 189; 1985 (Reg. Sess., 1986), c. 1014, ss. 30, 31; 1987, c. 738, ss. 16, 17; 1987 (Reg. Sess., 1988), c. 1086, ss. 10, 11; c. 1100, s. 16(c); 1989, c. 752, ss. 27, 28; 1991, c. 756, s. 34; 1991 (Reg. Sess., 1992), c. 900, ss. 36, 37; 1993, c. 321, ss. 53, 54; 1993 (Reg. Sess., 1994), c. 769, ss. 7.6, 7.7; 1995, c. 507, ss. 7.9, 7.10; 1996, 2nd Ex. Sess., c. 18, ss. 28.7, 28.8; 1997-443, ss. 33.13, 33.14; 1998-153, ss. 10, 11; 1998-212, s. 28.7(a); 1999-237, ss. 28.7, 28.8; 2000-67, ss. 26.7, 26.8; 2001-424, ss. 32.8, 32.9; 2002-159, s. 35(f); 2004-124, ss. 31.8(b), 31.9(b); 2005-276, ss. 29.8, 29.9, 19B.1; 2005-345, s. 40; 2006-66, ss. 22.8, 22.9; 2006-203, s. 61; 2007-323, ss. 28.8, 28.9; 2008-107, ss. 26.8, 26.9; 2012-142, s. 25.1B(b), (c); 2014-100, s. 35.4(b), (c); 2015-241, s. 14.30(s); 2016-94, ss. 36.8, 36.9; 2017-57, ss. 35.6, 35.7; 2018-5, ss. 35.9, 35.10; 2019-177, s. 6; 2019-209, ss. 3.9(a), (a1), 3.10(a), (a1); 2021-180, ss. 39.10(a), (b), 39.11(a), (b); 2022-74, ss. 39.10, 39.11; 2023-134, ss. 39.11(a), (b), 39.12(a), (b).)

§§ 120-38 through 120-39:  Repealed by Session Laws 1969, c.  1184, s. 7.

Article 9.

Lobbying.

§§ 120-40 through 120-47:  Recodified as G.S.  120-47.1 through 120-47.10.

Article 9A.

Legislative Branch Lobbying [Repealed].

§§ 120-47.1 through 120-47.12: Repealed by Session Laws 2006-201, s. 17, effective January 1, 2007.

Article 10.

Influencing Public Opinion or Legislation.

§§ 120-48 through 120-55:  Repealed by Session Laws 1991, c.  740, s. 1.2.

Article 11.

Legislative Intern Program.

§ 120-56: Repealed by Session Laws 2011-266, s. 1.10, effective July 1, 2011.

§ 120-57: Repealed by Session Laws 2017-102, s. 19, effective July 12, 2017.

Article 12.

Commission on Children with Special Needs.

§§ 120-58 through 120-70.  Repealed by Session Laws 1999-395, s. 21B.1, effective July 1, 1999.

Article 12A.

Joint Legislative Utility Review Committee.

§ 120-70.1: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-70.2: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-70.3: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-70.4: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-70.5: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-70.6: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

Article 12B.

Commission on Children and Youth.

§§ 120-70.7 through 120-70.30:  Repealed by Session Laws 1989, c.  802, s. 10.3.

Article 12C.

Joint Select Committee on Low-Level Radioactive Waste.

§ 120-70.31: Repealed by Session Laws 2011-266, s. 1.31(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.2(a) effective June 24, 2011.

§ 120-70.32: Repealed by Session Laws 2011-266, s. 1.31(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.2(a) effective June 24, 2011.

§ 120-70.33: Repealed by Session Laws 2011-266, s. 1.31(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.2(a) effective June 24, 2011.

§ 120-70.34: Repealed by Session Laws 2011-266, s. 1.31(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.2(a) effective June 24, 2011.

§ 120-70.35: Repealed by Session Laws 2011-266, s. 1.31(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.2(a) effective June 24, 2011.

§ 120-70.36: Repealed by Session Laws 2011-266, s. 1.31(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.2(a) effective June 24, 2011.

§ 120-70.37: Repealed by Session Laws 2011-266, s. 1.31(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.2(a) effective June 24, 2011.

Article 12D.

Environmental Review Commission.

§ 120-70.41.  Commission established.

The Environmental Review Commission is hereby established. (1987 (Reg. Sess., 1988), c. 1100, s. 4.1.)

§ 120-70.42.  Membership; cochairs; vacancies; quorum.

(a) The Environmental Review Commission shall consist of six Senators appointed by the President Pro Tempore of the Senate, six Representatives appointed by the Speaker of the House of Representatives, who shall serve at the pleasure of their appointing officer, the Chair or a Cochair of the Senate Committee on Agriculture, Environment, and Natural Resources or the equivalent committee, the Chair or a Cochair of the House of Representatives Committee on Environment and Natural Resources or the equivalent committee, the Chair or a Cochair of the Senate Committee on Appropriations - Natural and Economic Resources or the equivalent committee, and the Chair or a Cochair of the House of Representatives Committee on Appropriations - Natural and Economic Resources or the equivalent committee.

(b) The President Pro Tempore of the Senate shall designate one or more Senators and the Speaker of the House of Representatives shall designate one or more Representatives to serve as cochairs.

(c) Except as otherwise provided in this subsection, a member of the Commission shall continue to serve for so long as the member remains a member of the General Assembly and no successor has been appointed. A member of the Commission who does not seek reelection or is not reelected to the General Assembly may complete a term of service on the Commission until the day on which a new General Assembly convenes. A member of the Commission who resigns or is removed from service in the General Assembly shall be deemed to have resigned or been removed from service on the Commission. Any vacancy that occurs on the Environmental Review Commission shall be filled in the same manner as the original appointment.

(d) A quorum of the Environmental Review Commission shall consist of seven members. (1987 (Reg. Sess., 1988), c. 1100, s. 4.1; 1989, c. 727, s. 139; 1991, c. 739, s. 5; 1997-31, s. 1; 2002-176, s. 4; 2003-340, s. 4; 2010-180, s. 2; 2011-291, s. 1.13.)

§ 120-70.43.  Powers and duties.

(a) The Environmental Review Commission shall have the following powers and duties:

(1) To evaluate actions of all boards, commissions, departments, and other agencies of the State and local governments as such actions relate to the environment or protection of the environment, including but not limited to an evaluation of:

a. Benefits of each program relative to costs;

b. Achievement of program goals;

c. Use of measures by which the success or failure of a program can be measured; and

d. Conformity with legislative intent;

(2) To study on a continuing basis the organization of State government as it relates to the environment or to the protection of public health and the environment, including but not limited to:

a. Improvements in administrative structure, practices, and procedures;

b. Increased integration and coordination of programs and functions;

c. Increased efficiency in budgeting and use of resources;

d. Efficient administration of licensing, permitting, and grant programs;

e. Prompt, effective response to environmental emergencies;

f. Opportunities for effective citizen participation; and

g. Broadening of career opportunities for professional staff;

(3) To make any recommendations it deems appropriate regarding the reorganization and consolidation of environmental regulatory agencies and the recodification of statutes relating to the environment, including but not limited to:

a. Ways in which agencies may operate more efficiently and economically;

b. Ways in which agencies can provide better services to the State and to the people; and

c. Instances in which functions of agencies are duplicative, overlapping, incomplete in scope or coverage, fail to accomplish legislative objectives, or for any other reason should be redefined or redistributed;

(4) To review and evaluate changes in federal law and regulations, relevant court decisions, and changes in technology affecting the environment or protection of the environment;

(5) To review existing and proposed State law and rules affecting the environment or protection of the environment and to determine whether any modification of law or rules is in the public interest;

(6) To make reports and recommendations, including draft legislation, to the General Assembly from time to time as to any matter relating to the powers and duties set out in this section; and

(7) To undertake such additional studies as it deems appropriate or as may from time to time be requested by the President Pro Tempore of the Senate, the Speaker of the House of Representatives, either house of the General Assembly, the Legislative Research Commission, or the Joint Legislative Commission on Governmental Operations and to make such reports and recommendations to the General Assembly regarding such studies as it deems appropriate; provided that the Environmental Review Commission shall not undertake any study which the General Assembly has assigned to another legislative commission or committee.

(b) The Environmental Review Commission may continue the study of environmental agency consolidation and reorganization. The study of environmental agency consolidation shall include, but is not limited to:

(1) Monitoring the implementation of Session Laws 1989, c. 727;

(2) Evaluation of the organization, programs, and operation of the Department of Environmental Quality;

(3) Evaluation of the organization, functions, powers, and duties of the components of the Department of Environmental Quality, including boards, commissions, councils, and regional offices; and

(4) Recodification of the General Statutes relating to the environment and environmental agencies.

(c) In addition to its general powers and duties, the Environmental Review Commission shall have the following powers and duties with respect to hazardous waste management:

(1) To study the current and projected need for hazardous waste treatment, storage, and disposal capacity in the State in light of anticipated generation of hazardous waste and alternatives for hazardous waste treatment and disposal;

(2) To evaluate the potential for the development of additional hazardous waste treatment, storage, and disposal capacity by the private sector;

(3) To study the necessity for and scope of hazardous waste treatment, storage, and disposal facilities which are sited, owned, or operated by the State;

(4) To review progress in securing a volunteer county to host a hazardous waste treatment facility;

(5) To study incentives and compensation for the community which hosts, either voluntarily or involuntarily, a hazardous waste treatment facility, including any additional incentives and compensation which may be needed, whether there should be differential compensation for a volunteer county, options for use of funds by local governments, distribution of compensation among local governments, and methods of providing flexibility in the development of an incentives and compensation package for a particular local community;

(6) To review progress in developing interstate agreements for the treatment, storage, and disposal of hazardous waste;

(7) To assist in the development of cooperative, comprehensive regional approach to hazardous waste treatment and disposal;

(8), (9) Repealed by Session Laws 2001-474, s. 12, effective November 29, 2001.

(10) To study the capacity assurance requirement under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767, 42 U.S.C. 9601 et seq., as amended, and the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613, as amended as it relates to the continued eligibility of North Carolina for remedial actions under Superfund;

(11) To study alternatives available to the State for dealing with hazardous waste and the ramifications of those alternatives; and

(12) To receive and evaluate reports of every State agency, board, and commission which has any power or duty with respect to hazardous waste management. (1987 (Reg. Sess., 1988), c. 1100, s. 4.1; 1989, c. 168, s. 46(b); c. 727, s. 225(a); 1991, c. 739, s. 6; 1991 (Reg. Sess., 1992), c. 990, s. 4; 1997-443, s. 11A.119(a); 2001-474, s. 12; 2011-266, s. 1.31(b); 2011-291, s. 2.31; 2015-241, s. 14.30(u).)

§ 120-70.44.  Additional powers.

(a) The Environmental Review Commission, while in the discharge of official duties, may exercise all the powers provided for under the provisions of G.S. 120-19, and G.S. 120-19.1 through G.S. 120-19.4. The Environmental Review Commission may meet at any time upon the call of either cochairman, whether or not the General Assembly is in session. The Environmental Review Commission may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission.

(b) Notwithstanding any rule or resolution to the contrary, proposed legislation to implement any recommendation of the Environmental Review Commission regarding any study the Environmental Review Commission is authorized to undertake or any report authorized or required to be made by or to the Environmental Review Commission may be introduced and considered during any session of the General Assembly.

(c) The Commission may contract for consultants or hire employees in accordance with G.S. 120-32.02. (1987 (Reg. Sess., 1988), c. 1100, s. 4.1; 1989, c. 784, s. 5; 2006-255, s. 3.1.)

§ 120-70.45.  Compensation and expenses of members.

Members of the Environmental Review Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1. (1987 (Reg. Sess., 1988), c. 1100, s. 4.1.)

§ 120-70.46.  Staffing.

The Legislative Services Officer shall assign as staff to the Environmental Review Commission professional employees of the General Assembly, as approved by the Legislative Services Commission. Clerical staff shall be assigned to the Environmental Review Commission through the offices of the Directors of the Legislative Assistants of the Senate and House of Representatives. The expenses of employment of clerical staff shall be borne by the Environmental Review Commission. (1987 (Reg. Sess., 1988), c. 1100, s. 4.1; 1996, 2nd Ex. Sess., c. 18, s. 8(f); 2007-495, s. 12.)

§ 120-70.47.  Funding.

From funds available to the General Assembly, the Legislative Services Commission shall allocate monies to fund the work of the Environmental Review Commission. (1987 (Reg. Sess., 1988), c. 1100, s. 4.1.)

§ 120-70.48.  Reserved for future codification purposes.

§ 120-70.49.  Reserved for future codification purposes.

Article 12E.

Joint Legislative Transportation Oversight Committee.

§ 120-70.50.  Creation and membership of Joint Legislative Transportation Oversight Committee.

The Joint Legislative Transportation Oversight Committee is established. The Committee consists of 22 members as follows:

(1) Eleven members of the Senate appointed by the President Pro Tempore of the Senate, at least three of whom are members of the minority party; and

(2) Eleven members of the House of Representatives appointed by the Speaker of the House of Representatives, at least three of whom are members of the minority party.

Terms on the Committee are for two years and begin on January 15 of each odd-numbered year, except the terms of the initial members, which begin on appointment. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

A member continues to serve until his successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. (1989, c. 692, s. 1.2; 1993, c. 321, s. 169.2(a); 2001-486, s. 2.4; 2011-291, s. 1.7(c).)

§ 120-70.51.  Purpose and powers of Committee.

(a) The Joint Legislative Transportation Oversight Committee may:

(1) Review reports prepared by the Department of Transportation or any other agency of State government related, in any manner, to transportation, when those reports are required by any law.

(2) Monitor the funds deposited in and expenditures from the North Carolina Highway Trust Fund, the Highway Fund, the General Fund, or any other fund when those expenditures are related, in any manner, to transportation.

(3) Determine whether funds related, in any manner, to transportation are being spent in accordance with law.

(4) Determine whether any revisions are needed in the funding for a program for which funds in the Trust Fund, the Highway Fund, the General Fund, or any other fund when those expenditures are related, in any manner, to transportation may be used, including revisions needed to meet any statutory timetable or program.

(4a) Examine the importance of railroads and railroad infrastructure improvements to economic development in North Carolina, including improvements to short-line railroads.

(4b) Study issues important to the future of passenger and freight rail service in North Carolina.

(4c) Determine methods to expedite property disputes between railroads and private landowners.

(4d) Study all aspects of the operation, structure, management, and long-range plans of the North Carolina Railroad.

(5) Report to the General Assembly at the beginning of each regular session concerning its determinations of needed changes in the funding or operation of programs related, in any manner, to transportation.

(b) The Committee may make interim reports to the General Assembly on matters for which it may report to a regular session of the General Assembly. A report to the General Assembly may contain any legislation needed to implement a recommendation of the Committee. (1989, c. 692, s. 1.2; 1993, c. 321, s. 169.2(b); 2011-291, s. 1.7(d).)

§ 120-70.52.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Transportation Oversight Committee. The Committee shall meet at least once a quarter and may meet at other times upon the joint call of the cochairs.

(b) A quorum of the Committee is nine members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through 120-19.4.

(c) The Committee shall be funded by appropriations made from the Highway Trust Fund to the Department of Transportation. Members of the Committee receive subsistence and travel expenses as provided in G.S. 120-3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee. (1989, c. 692, s. 1.2; 1993, c. 321, s. 169.2(c); 1996, 2nd Ex. Sess., c. 18, s. 8(g); 2013-410, s. 38(f).)

§§ 120-70.53 through 120-70.59.  Reserved for future codification purposes.

Article 12F.

Joint Legislative Commission on Seafood and Aquaculture.

§ 120-70.60: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-70.61: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-70.62: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-70.63: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-70.64: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-70.65: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-70.66: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

Article 12G.

Commission on the Family.

§§ 120-70.70 through 120-70.75:  Repealed by Session Laws 1997-443, s.  12.15.

§§ 120-70.76 through 120-70.79.  Reserved for future codification purposes.

Article 12H.

Joint Legislative Education Oversight Committee.

§ 120-70.80.  Creation and membership of Joint Legislative Education Oversight Committee.

The Joint Legislative Education Oversight Committee is established. The Committee consists of 22 members as follows:

(1) Eleven members of the Senate appointed by the President Pro Tempore of the Senate, at least three of whom are members of the minority party; and

(2) Eleven members of the House of Representatives appointed by the Speaker of the House of Representatives, at least three of whom are members of the minority party.

Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd-numbered year. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

A member continues to serve until his successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. (1989 (Reg. Sess., 1990), c. 1066, s. 115; 1997-456, s. 46(a); 1997-495, s. 91(a); 1999-431, s. 3.7(a); 2001-486, s. 2.5; 2011-291, s. 1.5(c).)

§ 120-70.81.  Purpose and powers of Committee.

(a) The Joint Legislative Education Oversight Committee shall examine, on a continuing basis, the several educational institutions in North Carolina, in order to make ongoing recommendations to the General Assembly on ways to improve public education from kindergarten through higher education. In this examination, the Committee may:

(1) Study the budgets, programs, and policies of the Department of Public Instruction, the State Board of Education, the Community Colleges System Office, the Board of Governors of The University of North Carolina, and the constituent institutions of The University of North Carolina to determine ways in which the General Assembly may encourage the improvement of all education provided to North Carolinians and may aid in the development of more integrated methods of institutional accountability;

(2) Repealed by Session Laws 2017-126, s. 16, effective July 20, 2017.

(3) Study other states' educational initiatives in public schools, community colleges, and public universities, in order to provide an ongoing commentary to the General Assembly on these initiatives and to make recommendations for implementing similar initiatives in North Carolina; and

(4) Study any other educational matters that the Committee considers necessary to fulfill its mandate.

(5) Study the needs of children and youth. This study may include, but is not limited to:

a. Developing strategies for addressing the issues of school dropout, teen suicide, and adolescent pregnancy.

b. Identifying and evaluating the impact on children and youth of other economic and environmental issues.

(b) The Committee may make interim reports to the General Assembly on matters for which it may report to a regular session of the General Assembly. A report to the General Assembly may contain any legislation needed to implement a recommendation of the Committee. (1989 (Reg. Sess., 1990), c. 1066, s. 115; 1999-84, s. 20; 2011-291, s. 1.5(d); 2017-126, s. 16.)

§ 120-70.82.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Education Oversight Committee. The Committee shall meet at least once a quarter and may meet at other times upon the joint call of the cochairs.

(b) A quorum of the Committee is 10 members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.

(c) Members of the Committee receive subsistence and travel expenses as provided in G.S. 120-3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee. (1989 (Reg. Sess., 1990), c. 1066, s. 115; 1996, 2nd Ex. Sess., c. 18, s. 8(i); 1997-456, s. 46(b); 1997-495, s. 91(b).)

§ 120-70.83.  Additional powers.

The Joint Legislative Education Oversight Committee, while in discharge of official duties, shall have access to any paper or document, and may compel the attendance of any State official or employee before the Committee or secure any evidence under G.S. 120.19. In addition, G.S. 120-19.1 through G.S. 120-19.4 shall apply to the proceedings of the Committee as if it were a joint committee of the General Assembly. (1997-18, s. 15(b).)

§ 120-70.84.  Reports to the Committee.

By March 1, 2014, and by January 1, 2015, and annually thereafter, Teach for America, Inc., (TFA) shall report to the offices of the President Pro Tempore of the Senate and the Speaker of the House of Representatives, the Senate Appropriations/Base Budget Committee, the House Appropriations Committee, the Senate Appropriations Committee on Education/Higher Education, the House Appropriations Committee on Education, the Joint Legislative Education Oversight Committee, and the Fiscal Research Division on the operation of its programs under subsection (a) of Section 8.21 of S.L. 2013-360, including at least all of the following information:

(1) The total number of applications received nationally from candidates seeking participation in the program.

(2) The total number of applications received from candidates who are residents of North Carolina and information on the source of these candidates, including the number of (i) recent college graduates and the higher institution the candidates attended, (ii) mid-career level and lateral entry industry professionals, and (iii) veterans of the United States Armed Forces.

(3) The total number of North Carolina candidates accepted by TFA.

(4) The total number of accepted candidates placed in North Carolina, including the number of accepted candidates who are residents of North Carolina.

(5) The regions in which accepted candidates have been placed, the number of candidates in each region, and the number of students impacted by placement in those regions.

(6) Success of recruitment efforts, including the Teach Back Home program and targeting of candidates who are (i) working in areas related to STEM education, (ii) mid-career level and lateral entry industry professionals, and (iii) veterans of the United States Armed Forces.

(7) Success of retention efforts, including the Teach Beyond Two and Make it Home programs, and the percentage of accepted candidates working in their placement communities beyond the initial TFA two-year commitment period and the number of years those candidates teach beyond the initial commitment.

(7a) The percentage of candidates who are residents of North Carolina and become principals in a North Carolina public school following the initial TFA two-year commitment period.

(8) A financial accounting of how the State funds appropriated to TFA were expended in the previous year, including at least the following information:

a. Funds expended by region of the State.

b. Details on program costs, including at least the following:

1. Recruitment, candidate selection, and placement.

2. Preservice training and preparation costs.

3. Operational and administrative costs, including development and fundraising, alumni support, management costs, and marketing and outreach.

c. Funds received through private fundraising, specifically by sources in each region of the State. (2013-360, s. 8.21(b); 2019-165, s. 3.6(a).)

§ 120-70.85.  Reserved for future codification purposes.

§ 120-70.86.  Reserved for future codification purposes.

§ 120-70.87.  Reserved for future codification purposes.

§ 120-70.88.  Reserved for future codification purposes.

§ 120-70.89.  Reserved for future codification purposes.

Article 12I.

Joint Legislative Oversight Committee on Early Childhood Education and Development Initiatives.

§§ 120-70.90 through 120-70.92:  Repealed by Session Laws 1996, Second Extra Session, c. 18, s. 24.29(g).

Article 12J.

Joint Legislative Oversight Committee on Justice and Public Safety.

§ 120-70.93.  Creation and membership of Joint Legislative Oversight Committee on Justice and Public Safety.

The Joint Legislative Oversight Committee on Justice and Public Safety is established. The Committee consists of 22 members as follows:

(1) Eleven members of the Senate appointed by the President Pro Tempore of the Senate, at least three of whom are members of the minority party; and

(2) Eleven members of the House of Representatives appointed by the Speaker of the House of Representatives, at least three of whom are members of the minority party.

Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd-numbered year, except the terms of the initial members, which begin on appointment and end on the day of the convening of the 1995 General Assembly. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

A member continues to serve until his successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. (1994, Ex. Sess., c. 24, s. 49(a); 1997-443, s. 21.4(a); 2001-138, s. 2; 2011-291, s. 1.4(c).)

§ 120-70.94.  Purpose and powers of Committee.

(a) The Joint Legislative Oversight Committee on Justice and Public Safety shall examine, on a continuing basis, the correctional, law enforcement, and juvenile justice systems in North Carolina, in order to make ongoing recommendations to the General Assembly on ways to improve those systems and to assist those systems in realizing their objectives of protecting the public and of punishing and rehabilitating offenders. In this examination, the Committee shall:

(1) Study the budget, programs, and policies of the Department of Public Safety and the Department of Adult Correction to determine ways in which the General Assembly may improve the effectiveness of the Departments.

(2) Examine the effectiveness of the Division of Prisons of the Department of Adult Correction in implementing the public policy stated in G.S. 148-26 of providing work assignments and employment for inmates as a means of reducing the cost of maintaining the inmate population while enabling inmates to acquire or retain skills and work habits needed to secure honest employment after their release.

(2a) Examine the effectiveness of the Department of Public Safety in implementing the duties and responsibilities charged to the Department in G.S. 143B-601(1) through (9) and the overall effectiveness and efficiency of law enforcement in the State.

(2b) Examine the effectiveness of the Division of Juvenile Justice of the Department of Public Safety in implementing the duties and responsibilities charged to the Division in Part 3 of Article 13 of Chapter 143B of the General Statutes and the overall effectiveness and efficiency of the juvenile justice system in the State.

(3) Recodified as subdivision (a)(13) by Session Laws 2011-291, s. 1.4(c), effective June 24, 2011.

(3a) Study and evaluate the funding sources and needs of domestic violence programs providing services to domestic violence victims and programs providing treatment to domestic violence abusers.

(4) Study legal services funding for domestic violence victims and explore additional sources of funding.

(5) Explore sources of additional funding for all domestic violence programs, including visitation centers.

(6) Examine current programs and explore new programs to provide effective services to domestic violence victims and treatment to domestic violence abusers.

(7) Examine law enforcement and judicial responses to domestic violence.

(8) Review data collected on domestic violence cases pursuant to G.S. 15A-1382.1.

(9) Study the effectiveness of the Crime Victims Rights Act as it relates to domestic violence.

(10) Study the needs of juveniles. This study may include, but is not limited to:

a. Determining the adequacy and appropriateness of services:

1. To children and youth receiving child welfare services.

2. To children and youth in the juvenile court system.

3. Provided by the Division of Social Services of the Department of Health and Human Services and the Division of Juvenile Justice of the Department of Public Safety.

4. To children and youth served by the Mental Health, Developmental Disabilities, and Substance Abuse Services system.

b. Developing methods for identifying and providing services to children and youth not receiving but in need of child welfare services, children and youth at risk of entering the juvenile court system, and children and youth exposed to domestic violence situations.

c. Identifying obstacles to ensuring that children who are in secure or nonsecure custody are placed in safe and permanent homes within a reasonable period of time and recommending strategies for overcoming those obstacles. The Commission shall consider what, if anything, can be done to expedite the adjudication and appeal of abuse and neglect charges against parents so that decisions may be made about the safe and permanent placement of their children as quickly as possible.

(11) Evaluate problems associated with juveniles who are beyond the disciplinary control of their parents, including juveniles who are runaways, and develop solutions for addressing the problems of those juveniles.

(12) Identify strategies for the development and funding of a comprehensive statewide database relating to children and youth to facilitate State agency planning for delivery of services to children and youth.

(13) Study any other matter that the Committee considers necessary.

(b) The Committee may make interim reports to the General Assembly on matters for which it may report to a regular session of the General Assembly. A report to the General Assembly may contain any legislation needed to implement a recommendation of the Committee. (1994, Ex. Sess., c. 24, s. 49(a); 1997-443, s. 21.4(a); 2001-138, s. 1; 2011-145, s. 19.1(g), (h), (l), (ii); 2011-291, s. 1.4(c); 2012-194, s. 23; 2017-186, s. 2(iiiii); 2021-180, s. 19C.9(nnn).)

§ 120-70.95.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Oversight Committee on Justice and Public Safety. The Committee shall meet at least once a quarter and may meet at other times upon the joint call of the cochairs.

(b) A quorum of the Committee is nine members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.

(c) Members of the Committee receive subsistence and travel expenses as provided in G.S. 120-3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee. (1994, Ex. Sess., c. 24, s. 49(a); 1996, 2nd Ex. Sess., c. 18, s. 8(k); 1997-443, s. 21.4(a); 2001-138, s. 2; 2011-291, s. 1.4(c).)

§§ 120-70.96 through 120-70.99.  Reserved for future codification purposes.

Article 12K.

Joint Legislative Administrative Procedure Oversight Committee.

§ 120-70.100.  Creation and membership of Joint Legislative Administrative Procedure Oversight Committee.

(a) The Joint Legislative Administrative Procedure Oversight Committee is established. The Committee consists of 16 members as follows:

(1) Eight members of the Senate appointed by the President Pro Tempore of the Senate, at least three of whom are members of the minority party.

(2) Eight members of the House of Representatives appointed by the Speaker of the House of Representatives, at least three of whom are members of the minority party.

(b) Members of the Committee shall serve a term of two years beginning on January 15 of each odd-numbered year. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee. A member continues to serve until the member's successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. (1995, c. 507, s. 27.8(a); 2011-291, s. 1.3(b); 2012-187, s. 1.)

§ 120-70.101.  Purpose and powers of Committee.

The Joint Legislative Administrative Procedure Oversight Committee has the following powers and duties:

(1) To review rules to which the Rules Review Commission has objected to determine if statutory changes are needed to enable the agency to fulfill the intent of the General Assembly.

(2) To receive reports prepared by the Rules Review Commission containing the text and a summary of each rule approved by the Commission.

(3) Repealed by Session Laws 2009-125, s. 1, effective October 1, 2009.

(3a) To review the activities of State occupational licensing boards to determine if the boards are operating in accordance with statutory requirements and if the boards are still necessary to achieve the purposes for which they were created. This review shall not include decisions concerning board personnel matters or determinations on individual licensing applications or individual disciplinary actions.

(4) To review State regulatory programs to determine if the programs overlap, have conflicting goals, or could be simplified and still achieve the purpose of the regulation.

(5) To review existing rules to determine if the rules are necessary or if the rules can be streamlined.

(6) To review the rule-making process to determine if the procedures for adopting rules give the public adequate notice of and information about proposed rules.

(7) To review any other concerns about administrative law to determine if statutory changes are needed.

(8) To report to the General Assembly from time to time concerning the Committee's activities and any recommendations for statutory changes. (1995, c. 507, s. 27.8(a); 1996, 2nd Ex. Sess., c. 18, s. 7.10(h); 2009-125, s. 1; 2011-291, s. 1.3(b); 2012-187, s. 1.)

§ 120-70.102.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Administrative Procedure Oversight Committee. The Committee shall meet at least once a quarter and may meet at other times upon the joint call of the cochairs.

(b) A quorum of the Committee is nine members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.

(c) Members of the Committee receive subsistence and travel expenses as provided in G.S. 120-3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Committee may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be paid by the Committee. (1995, c. 507, s. 27.8(a); 1996, 2nd Ex. Sess., c. 18, s. 8(l); 2011-291, s. 1.3(b); 2012-187, s. 1.)

§ 120-70.103: Repealed by Session Laws 2009-125, s. 5, effective October 1, 2009.

§ 120-70.104.  Reserved for future codification purposes.

Article 12L.

Revenue Laws Study Committee.

§ 120-70.105.  Creation and membership of the Revenue Laws Study Committee.

(a) Membership. - The Revenue Laws Study Committee is established. The Committee consists of 20 members as follows:

(1) Ten members appointed by the President Pro Tempore of the Senate; the persons appointed may be members of the Senate or public members.

(2) Ten members appointed by the Speaker of the House of Representatives; the persons appointed may be members of the House of Representatives or public members.

(b) Terms. - Terms on the Committee are for two years and begin on January 15 of each odd-numbered year, except the terms of the initial members, which begin on appointment. Legislative members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

A member continues to serve until a successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. (1997-483, s. 14.1; 1998-98, s. 39; 2009-574, s. 51.1.)

§ 120-70.106.  Purpose and powers of Committee.

(a) The Revenue Laws Study Committee may:

(1) Study the revenue laws of North Carolina and the administration of those laws.

(2) Review the State's revenue laws to determine which laws need clarification, technical amendment, repeal, or other change to make the laws concise, intelligible, easy to administer, and equitable.

(2a) Review any tax provision set to sunset within one year of the beginning of next regular session of the General Assembly to determine whether the sunset needs to be extended.

(3) Call upon the Department of Revenue to cooperate with it in the study of the revenue laws.

(4) Report to the General Assembly at the beginning of each regular session concerning its determinations of needed changes in the State's revenue laws.

These powers, which are enumerated by way of illustration, shall be liberally construed to provide for the maximum review by the Committee of all revenue law matters in this State.

(b) The Committee may make interim reports to the General Assembly on matters for which it may report to a regular session of the General Assembly. A report to the General Assembly may contain any legislation needed to implement a recommendation of the Committee. When a recommendation of the Committee, if enacted, would result in an increase or decrease in State revenues, the report of the Committee must include an estimate of the amount of the increase or decrease.

(c) The Revenue Laws Study Committee must review the effect Article 42 of Chapter 66 of the General Statutes, as enacted by S.L. 2006-151, has on the issues listed in this section to determine if any changes to the law are needed:

(1) Competition in video programming services.

(2) The number of cable service subscribers, the price of cable service by service tier, and the technology used to deliver the service.

(3) The deployment of broadband in the State.

The Committee must review the impact of this Article on these issues every two years and report its findings to the North Carolina General Assembly. The Committee must make its first report to the 2008 Session of the North Carolina General Assembly.

(d) An establishment to which permits may be issued pursuant to G.S. 18B-1006(n1), as enacted by S.L. 2016-23, is designated a special class of property under Section 2(2) of Article V of the North Carolina Constitution, and the motor fuel sold by that establishment is taxable in accordance with this subsection. Notwithstanding G.S. 105-449.80, the motor fuel excise tax rate for an establishment to which permits may be issued pursuant to G.S. 18B-1006(n1), as enacted by S.L. 2016-23, is twenty-eight cents (28¢) per gallon. The Revenue Laws Study Committee shall annually compare the motor fuel excise tax rate imposed by this subsection with the rate levied by the State of South Carolina on motor fuels and may recommend a change in the rate imposed by this subsection to an amount no greater than the rate then in effect for the State of South Carolina. An establishment designated as a special class of property by this subsection may obtain monthly refunds on the difference between the motor fuel excise tax imposed under G.S. 105-449.80 and the motor fuel excise tax imposed by this subsection. The Department of Revenue shall calculate for each calendar year the difference between the motor fuel excise tax that would have been imposed under G.S. 105-449.80 on the motor fuel sold by an establishment classified by this subsection in the absence of this classification and the motor fuel excise tax that was imposed on the motor fuel sold by the establishment due to the classification. The difference in taxes, together with any interest, penalties, or costs that may accrue thereon, are a lien on the real property underlying the establishment as provided in G.S. 105-355(a). The difference in taxes shall be carried forward in the records of the Department as deferred taxes. The deferred taxes for the preceding three calendar years are due and payable on the day this subsection becomes ineffective due to the occurrence of a disqualifying event; provided, however, the amount collected for deferred taxes pursuant to this subsection does not exceed the tax value of the property. A disqualifying event occurs when the title to the real property underlying the establishment is transferred to a new owner. A lien for deferred taxes is extinguished when the amount required by this subsection is paid. (1997-483, s. 14.1; 2006-151, s. 21; 2016-23, s. 2(b); 2017-102, s. 19.1; 2018-5, s. 38.6(g)-(l); 2019-246, s. 5.)

§ 120-70.107.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Revenue Laws Study Committee. The Committee shall meet upon the joint call of the cochairs.

(b) A quorum of the Committee is nine members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.

(c) The Committee shall be funded by the Legislative Services Commission from appropriations made to the General Assembly for that purpose. Members of the Committee receive subsistence and travel expenses as provided in G.S. 120-3.1 and G.S. 138-5. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. Upon approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee. (1997-483, s. 14.1.)

§ 120-70.108: Repealed by Session Laws 2011-266, s. 1.15, effective July 1, 2011.

§ 120-70.109.  Reserved for future codification purposes.

Article 12M.

Joint Legislative Health Care Oversight Committee.

§ 120-70.110: Repealed by Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§ 120-70.111: Repealed by Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§ 120-70.112: Repealed by Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§§ 120-70.113 through 120-70.119.  Reserved for future codification purposes.

Article 12N.

Joint Legislative Growth Strategies Oversight Committee.

§ 120-70.120:  Expired.

§ 120-70.121:  Expired.

§ 120-70.122:  Expired.

§§ 120-70.123 through 120-70.129:  Expired.

Article 12O.

Joint Legislative Economic Development and Global Engagement Oversight Committee.

§ 120-70.130.  Creation and membership of Joint Legislative Economic Development and Global Engagement Oversight Committee.

The Joint Legislative Economic Development and Global Engagement Oversight Committee is established. The Committee consists of 22 members as follows:

(1) Eleven members of the Senate appointed by the President Pro Tempore of the Senate, at least three of whom are members of the minority party; and

(2) Eleven members of the House of Representatives appointed by the Speaker of the House of Representatives, at least three of whom are members of the minority party.

Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd-numbered year, except the terms of the initial members, which begin on appointment and end on the day of the convening of the 2007 General Assembly. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

A member continues to serve until a successor is appointed. A vacancy shall be filled by the officer who made the original appointment. (2005-241, s. 7; 2011-291, s. 1.10(a); 2011-292, s. 1.)

§ 120-70.131.  Purpose and powers of Committee.

(a) The Joint Legislative Economic Development and Global Engagement Oversight Committee shall examine, on a continuing basis, economic development and global engagement issues and strategies in North Carolina in order to make ongoing recommendations to the General Assembly on ways to promote cost-effective economic development initiatives, economic growth, and stimulating job creation in the global economy. In this examination, the Committee may:

(1) Study the budgets, programs, and policies of the Department of Commerce, the North Carolina Partnership for Economic Development, and other State, regional, and local entities involved in economic development.

(2) Analyze legislation from other states regarding economic development.

(3) Analyze proposals produced by the Economic Development Board.

(3a) Request the Department of Commerce to provide an annual report by January 15 of each year on the effectiveness of the following economic development programs:

a. Job Development Investment Grant Program (JDIG).

b. One North Carolina.

c. Article 3J Credits.

d. Job Maintenance and Capital Development Fund (JMAC).

(4) Analyze North Carolina's current international activity in the business, State government, and education sectors.

(5) Analyze barriers to international trade that may be addressed by legislation.

(6) Explore ways to increase coordination, synchronization, and intercommunication between State and local governmental entities.

(7) Collect and analyze data on global business trends.

(8) Study foreign representation opportunities for North Carolina that could solicit, target, educate, and recruit international businesses to North Carolina.

(9) Analyze incentives designed to encourage small businesses to export goods and service solutions.

(10) Study methods for positioning North Carolina as a portal to North America for international trade.

(11) Explore opportunities to increase foreign direct investment in North Carolina.

(12) Study any other matters that the Committee considers necessary to fulfill its mandate.

(b) The Committee may make interim reports to the General Assembly on matters for which it may report to a regular session of the General Assembly. A report to the General Assembly may contain any legislation needed to implement a recommendation of the Committee. (2005-241, s. 7; 2011-291, s. 1.10(b); 2011-292, s. 1.)

§ 120-70.132.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Economic Development and Global Engagement Oversight Committee. The Committee shall meet upon the joint call of the cochairs.

(b) A quorum of the Committee is seven members. Only recommendations, including proposed legislation, receiving at least six affirmative votes may be included in a Committee report to the General Assembly. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.

(c) The cochairs of the Committee may call upon other knowledgeable persons or experts to assist the Committee in its work.

(d) Members of the Committee shall receive subsistence and travel expenses as provided in G.S. 120-3.1, 138-5, or 138-6, as appropriate. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee. (2005-241, s. 7; 2011-292, s. 1.)

Article 12P.

Joint Legislative Elections Oversight Committee.

§ 120-70.140.  Creation and membership of Joint Legislative Elections Oversight Committee.

The Joint Legislative Elections Oversight Committee is established. The Committee consists of 18 members as follows:

(1) Nine members of the Senate appointed by the President Pro Tempore of the Senate. The President Pro Tempore shall appoint members proportionally according to the partisan composition of the Senate.

(2) Nine members of the House of Representatives appointed by the Speaker of the House of Representatives. The Speaker shall appoint members proportionally according to the partisan composition of the House.

Terms on the Committee are for two years and begin on January 15 of each odd-numbered year, except the terms of the initial members, which begin on appointment and end on January 15 of the next odd-numbered year. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

A member continues to serve until his or her successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. (2008-150, s. 1(a).)

§ 120-70.141.  Purpose and powers of Committee.

(a) The Joint Legislative Elections Oversight Committee shall examine, on a continuing basis, election administration and campaign finance regulation in North Carolina, in order to make ongoing recommendations to the General Assembly on ways to improve elections administration and campaign finance regulation. In this examination, the Committee shall do the following:

(1) Study the budgets, programs, and policies of the State Board of Elections and the county boards of elections to determine ways in which the General Assembly may improve election administration.

(1a) Study the budgets, programs, and policies of the State Board of Elections and the county boards of elections to determine ways in which the General Assembly may improve campaign finance regulation.

(2) Examine election statutes and court decisions to determine any legislative changes that are needed to improve election administration and campaign finance regulation.

(3) Study other states' initiatives in election administration and campaign finance regulation to provide an ongoing commentary to the General Assembly on these initiatives and to make recommendations for implementing similar initiatives in North Carolina; and

(4) Study any other election matters that the Committee considers necessary to fulfill its mandate.

(b) The Committee may make interim reports to the General Assembly on matters for which it may report to a regular session of the General Assembly. A report to the General Assembly may contain any legislation needed to implement a recommendation of the Committee. (2008-150, s. 1(a); 2016-125, 4th Ex. Sess., s. 6; 2017-6, ss. 2, 3, 8; 2018-146, ss. 3.1(a), (b), 6.1.)

§ 120-70.142.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Elections Oversight Committee. The Committee shall meet at least once a quarter and may meet at other times upon the joint call of the cochairs.

(b) A quorum of the Committee is 10 members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.

(c) Members of the Committee receive subsistence and travel expenses as provided in G.S. 120-3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee. (2008-150, s. 1(a).)

§ 120-70.143.  Additional powers.

The Joint Legislative Elections Oversight Committee, while in discharge of official duties, shall have access to any paper or document and may compel the attendance of any State official or employee before the Committee or secure any evidence under G.S. 120-19. In addition, G.S. 120-19.1 through G.S. 120-19.4 shall apply to the proceedings of the Committee as if it were a joint committee of the General Assembly. (2008-150, s. 1(a).)

Article 12Q.

Joint Legislative Emergency Management Oversight Committee.

§ 120-70.150.  Creation and membership of Joint Legislative Emergency Management Oversight Committee.

The Joint Legislative Emergency Management Oversight Committee is established. The Committee consists of 12 members as follows:

(1) Six members of the Senate appointed by the President Pro Tempore of the Senate; and

(2) Six members of the House of Representatives appointed by the Speaker of the House of Representatives.

Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd-numbered year, except the terms of the initial members, which begin on appointment and end on the day of the convening of the 2013 General Assembly. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

A member continues to serve until a successor is appointed. A vacancy shall be filled by the officer who made the original appointment. (2012-90, s. 6.)

§ 120-70.151.  Purpose and powers of Committee.

(a) The Joint Legislative Emergency Management Oversight Committee shall examine, on a continuing basis, issues related to emergency management in North Carolina in order to make ongoing recommendations to the General Assembly on ways to promote effective emergency preparedness, management, response, and recovery. The Committee may examine:

(1) Whether the State building code sufficiently addresses issues related to commercial and residential construction in hurricane and flood prone areas.

(2) The public health infrastructure in place to respond to natural and nonnatural disasters.

(3) Hurricane preparedness, evacuation, and response.

(4) Energy security issues.

(5) Terrorism preparedness and response, including bioterrorism.

(6) Flood and natural disaster preparation and response.

(7) Any other topic the Committee believes is related to its purpose.

(b) The Committee may make interim reports to the General Assembly on matters for which it may report to a regular session of the General Assembly. A report to the General Assembly may contain any legislation needed to implement a recommendation of the Committee. (2012-90, s. 6.)

§ 120-70.152.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Emergency Management Oversight Committee. The Committee shall meet upon the joint call of the cochairs.

(b) A quorum of the Committee is seven members. Only recommendations, including proposed legislation, receiving at least six affirmative votes may be included in a Committee report to the General Assembly. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.

(c) The cochairs of the Committee may call upon other knowledgeable persons or experts to assist the Committee in its work.

(d) Members of the Committee shall receive subsistence and travel expenses as provided in G.S. 120-3.1, 138-5, or 138-6, as appropriate. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee.

(e) In appointing members to the Committee, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall take into consideration the goal of having members appointed to the Committee who have knowledge and experience relating to areas that are most impacted by disasters and emergencies. (2012-90, s. 6.)

§ 120-70.153: Reserved for future codification purposes.

§ 120-70.154: Reserved for future codification purposes.

Article 12R.

Joint Legislative Oversight Committee on Unemployment Insurance.

§ 120-70.155.  Creation and membership.

(a) The Joint Legislative Oversight Committee on Unemployment Insurance is established. The Committee consists of eight members appointed as follows:

(1) Four members of the House of Representatives appointed by the Speaker of the House of Representatives.

(2) Four members of the Senate appointed by the President Pro Tempore of the Senate.

(b) The members serve for a term of two years. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee. A member continues to serve until a successor is appointed. A vacancy shall be filled by the officer who made the original appointment. (2013-2, s. 10; 2013-224, s. 19; 2020-3, s. 1.4(c).)

§ 120-70.156.  Purpose and powers of Committee.

(a) Purpose. - The Joint Legislative Oversight Committee on Unemployment Insurance is directed to study and review all unemployment insurance matters, workforce development programs, and reemployment assistance efforts of the State. The following duties and powers, which are enumerated by way of illustration, shall be liberally construed to provide maximum review by the Committee of these matters:

(1) Study the unemployment insurance laws of North Carolina and the administration of those laws.

(2) Review the State's unemployment insurance laws to determine which laws need clarification, technical amendment, repeal, or other change to make the laws concise, intelligible, and easy to administer.

(3) Monitor the payment of the debt owed by the Unemployment Trust Fund to the federal government.

(4) Review and determine the adequacy of the balances in the Unemployment Trust Fund and the Unemployment Insurance Reserve Fund.

(5) Study the workforce development programs and reemployment assistance efforts of the Division of Workforce Solutions of the Department of Commerce.

(6) Call upon the Department of Commerce to cooperate with it in the study of the unemployment insurance laws and the workforce development efforts of the State.

(b) The Committee may report its findings and recommendations to any regular session of the General Assembly. A report to the General Assembly may contain any legislation needed to implement a recommendation of the Committee. (2013-2, s. 10; 2013-224, s. 19; 2020-3, s. 1.4(c).)

§ 120-70.157.  Organization of Committee.

The Speaker of the House of Representatives shall designate one representative as cochair, and the President Pro Tempore of the Senate shall designate one senator as cochair. The Joint Legislative Oversight Committee on Unemployment Insurance may meet upon the joint call of the cochairs. A quorum of the Committee is five members.

The Committee may meet in the Legislative Building or the Legislative Office Building. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. The House of Representatives and the Senate's Directors of Legislative Assistants shall assign clerical staff to the Committee, and the expenses relating to the clerical employees shall be borne by the Committee. The Committee may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02. Members of the Committee shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1, 138-5, or 138-6, as appropriate. (2013-2, s. 10; 2013-224, s. 19; 2020-3, s. 1.4(c).)

§ 120-70.158: Repealed by Session Laws 2020-3, s. 1.4(c), effective May 4, 2020.

Article 13.

Joint Legislative Commission on Governmental Operations.

§ 120-71.  Legislative findings; creation of Commission.

(a) The General Assembly finds that the scope, cost, and complexity of State and local government operations require continual review and evaluation by those charged with the responsibility for making public policy decisions and deciding on the appropriation of State funds. It is imperative that members of the General Assembly have the resources to determine whether the public service needs of the citizens of this State are being met and have mechanisms to collect evidence as to whether public policy and appropriations have resulted in expected program benefits. Legislative examination and review of public policies and expenditures are an integral part of legislative duties and responsibilities and therefore should be strengthened.

(b) In order to undertake the ongoing examination, evaluation, and investigation of State agencies, public authorities, units of local government, and non-State entities receiving public funds, and of their actual effectiveness in implementing public policy or providing public services, there is hereby established the Joint Legislative Commission on Governmental Operations which shall have the powers and duties as provided in this Article. (1975, c. 490; 2023-134, s. 27.10(b).)

§ 120-72.  Definitions.

The following definitions apply in this Article:

(1) Agency employee. - Defined in G.S. 120-131.1.

(2) Commission. - The Joint Legislative Commission on Governmental Operations.

(3) Commission staff. - A legislative employee whose primary responsibility is to provide professional or administrative services to the Commission.

(4) Document. - Defined in G.S. 120-129.

(5) Legislative employee. - Defined in G.S. 120-129.

(6) Local funds. - Any moneys held by a unit of local government or a public authority except moneys deposited in a trust fund.

(7) Non-state entity. - A unit of local government, a public authority, or an individual, firm, partnership, association, or corporation, or any other private organization or group acting as a unit.

(8) Program. - A specific activity or set of activities established or described by law, administrative rule, executive order, policy, or local ordinance.

(9) Public authority. - Defined in G.S. 143C-1-1.

(10) Public funds. - State funds, local funds, or both. The term does not apply to State funds or local funds received by a non-State entity that is an individual, a firm, a partnership, an association, a corporation, or any other private organization or group acting as a unit unless the non-State entity received the funds to (i) conduct a program or (ii) provide a service to a State agency, a unit of local government, or a public authority.

(11) State agency. - A unit of the executive, legislative, or judicial branch of State government, such as a department, institution, division, commission, board, council, community college, or The University of North Carolina.

(12) State funds. - Defined in G.S. 143C-1-1.

(13) Unit of local government. - Defined in G.S. 143C-1-1. (1975, c. 490; 2023-134, s. 27.10(b).)

§ 120-73.  Repealed by 2023 134, s. 27.10(a), effective October 3, 2023.

§ 120-74.  Appointment of members; terms of office.

The Commission shall consist of 42 members. The President pro tempore of the Senate, the Speaker pro tempore of the House, the Deputy President pro tempore of the Senate, the Majority Leader of the House of Representatives, and the Majority Leader of the Senate and the Speaker of the House shall serve as ex officio members of the Commission. The Speaker of the House of Representatives shall appoint 21 members from the House, at least five of whom are members of the minority party. The President pro tempore of the Senate shall appoint 21 members from the Senate, at least five of whom are members of the minority party. A quorum of the Commission shall be a majority of its members. Vacancies created by resignation or otherwise shall be filled by the original appointing authority. Members shall serve two-year terms beginning and ending on January 15 of the odd-numbered years. Members shall not be disqualified from completing a term of service on the Commission because they fail to run or are defeated for reelection. Resignation or removal from the General Assembly shall constitute resignation or removal from membership on the Commission. (1975, c. 490; 1977, c. 988, s. 1; 1979, c. 932, s. 9; 1981, c. 859, s. 85; 1985, c. 757, s. 142(a)-(c); 1991, c. 72, s. 1; 1995, c. 542, s. 24.1(a); 1997-495, s. 92; 1999-405, s. 1; 1999-431, s. 3.5(a); 2001-486, s. 2.6; 2011-291, s. 1.2(c); 2021-90, s. 20(a).)

§ 120-75.  Organization of the Commission; subcommittees.

(a) The President pro tempore of the Senate and the Speaker of the House of Representatives shall serve as cochairs of the Commission. Either of the cochairs may call a meeting of the Commission.

(b) In addition to the provisions of G.S. 120-19.7, the cochairs of the Commission may jointly authorize, in writing, subcommittees which shall have the power to conduct hearings, call witnesses, and inquire into any matters properly before the Commission. The cochairs of the Commission shall appoint members of a subcommittee. The President Pro Tempore of the Senate shall appoint the Senate cochair, and the Speaker of the House of Representatives shall appoint the House cochair of a subcommittee. Either cochair of a subcommittee may call a meeting of the subcommittee. A quorum of a subcommittee shall be a majority of its members. A member of the House of Representatives or the Senate may be appointed to a subcommittee, even if the member has not been appointed to the Commission. A duly constituted subcommittee shall have all the powers of the Commission and may utilize Commission staff. Members of a subcommittee shall receive subsistence and travel expenses as provided in G.S. 120-78. Members of a subcommittee serve at the pleasure of the appointing officer. The cochairs may dissolve a subcommittee of the Commission at any time. (1975, c. 490; 1977, c. 988, s. 2; 1981, c. 859, s. 86; 1991, c. 72, s. 2; 2021-90, s. 20(b); 2023-134, s. 27.10(b).)

§ 120-75.1.  Powers and duties.

The Commission shall have the following powers and duties:

(1) To study the efficiency, economy, and effectiveness of any State agency, public authority, unit of local government, or non-State entity receiving public funds.

(2) To evaluate the implementation of public policies, as articulated by enacted law, administrative rule, executive order, policy, or local ordinance, by any State agency, public authority, unit of local government, or non-State entity receiving public funds.

(3) To investigate possible instances of misfeasance, malfeasance, nonfeasance, mismanagement, waste, abuse, or illegal conduct by the following:

a. Officers and employees of a State agency, public authority, or unit of local government, as it relates to the officer's or employee's performance of his or her public duties.

b. Officers and employees of a non-State entity receiving, directly or indirectly, public funds, as it relates to the officer's or employee's responsibilities regarding the receipt of public funds.

(4) To receive reports as required by law or as requested by the Commission.

(5) To make periodic reports, including recommended legislation to the General Assembly.

(6) To access and review the following:

a. Any documents or records related to any contract awarded by a State agency, including, but not limited to, (i) records related to the drafting and approval of the contract and (ii) documents and records of the contractor that the Commission determines will assist in verifying accounts or will contain data affecting fees or performance.

b. Any records related to any subcontract of a contract awarded by a State agency that is utilized to fulfill the contract, including, but not limited to, (i) records related to the drafting and approval of the subcontract and (ii) documents and records of the contractor or subcontractor that the Commission determines will assist in verifying accounts or will contain data affecting fees or performance. (2023-134, s. 27.10(b).)

§ 120-76.  Repealed by 2023 134, s. 27.10(a), effective October 3, 2023.

§ 120-76.1.  Prior consultation with the Commission; reporting requirements.

(a) The Governor shall consult the Commission before doing any of the following:

(1) Authorizing expenditures in excess of the total requirements of a purpose or program as enacted by the General Assembly and as provided by G.S. 143C-6-4.

(2) Proceeding to reduce programs subsequent to a reduction of ten percent (10%) or more in the federal fund level certified to a department and any subsequent changes in distribution formulas.

(3) Taking measures under Article III, Section 5(3) of the North Carolina Constitution to effect necessary economies in State expenditures required for balancing the budget due to a revenue shortfall, including, but not limited to, (i) making loans among funds, (ii) personnel freezes or layoffs, (iii) capital project reversions, (iv) program eliminations, and (v) use of reserves. However, if the Commission fails to meet within 10 calendar days of a request from the Governor for its consultation, the Governor may proceed to take the actions the Governor deems appropriate and necessary and shall then report those actions at the next meeting of the Commission.

(4) Approving a new capital improvement project funded from gifts, grants, receipts, special funds, self-liquidating indebtedness, and other funds or any combination of funds for the project not specifically authorized by the General Assembly. The budget for each capital project must include projected revenues in an amount not less than projected expenditures.

(a1) Notwithstanding the provisions of subdivision (1) of subsection (a) of this section, whenever the Governor determines that an expenditure is required because of an emergency as that term is defined in G.S. 166A-19.3(6), the Governor may take action without consulting the Commission if the Governor determines the expenditure is directly related to the emergency. The Governor shall report to the Commission on any expenditures made under this subsection no later than 30 days after making the expenditure and shall identify in the report the emergency, the expenditure, how the funds were used, and how the use of the funds was related to the emergency. To the extent it may apply, this subsection does not supersede the requirements of G.S. 166A-19.30(b).

(b) Any agency, board, commission, or other entity required by any provision of law to consult with the Commission prior to taking an action shall submit a detailed report of the action under consideration to the Chairs of the Commission. If the Commission does not hold a meeting to hear the consultation within 90 days of receiving the submission of the detailed report, the consultation requirement is satisfied. With regard to capital improvement projects of The University of North Carolina, if the Commission does not hold a meeting to hear the consultation within 30 days of receiving the submission of the detailed report, the consultation requirement of subdivision (4) of subsection (a) of this section is satisfied.

(c) Consultations regarding the establishment of new fees and charges and the increase of existing fees and charges are governed by G.S. 12-3.1, and this section does not apply to those consultations. (1996, 2nd Ex. Sess., c. 18, s. 7.4(a); 2005-276, s. 6.7(a); 2007-322, s. 10; 2011-291, s. 1.2(e); 2023-134, s. 27.10(b).)

§ 120-77.  Additional powers; confidentiality; penalties.

(a) The Commission shall have the power to compel the following in the discharge of its duties under this Article:

(1) Access to any document or system of record held by a:

a. State agency pursuant to the provisions of G.S. 120-19.

b. Unit of local government or public authority.

c. A non-State entity receiving, directly or indirectly, public funds, to the extent the documents relate to the receipt, purpose, or implementation of a program or service paid for with public funds.

(2) Attendance of any officer or employee of any:

a. State agency.

b. Unit of local government or public authority.

c. Non-State entity receiving public funds provided the officer or employee is responsible for implementing a program or providing a service paid for with public funds.

(b) Unless prohibited by federal law, the Commission and Commission staff shall be provided access to all of the following in the discharge of their duties under this Article:

(1) Any building or facility allocated to or leased by a State agency.

(2) Any building or facility owned or leased by a unit of local government or public authority.

(3) Any building or facility owned or leased by a non-State entity receiving public funds provided (i) the building or facility is used to implement a program or provide a service paid for with public funds and (ii) the access is reasonably related to the receipt, purpose, or implementation of a program or service paid for with public funds.

(c) The Commission cochairs shall each designate one Commission staff member who shall have access to the BEACON/HR payroll system.

(d) Any confidential information obtained by the Commission shall remain confidential and is not a public record as defined in G.S. 132-1.

(e) Any document or information obtained or produced by Commission staff in furtherance of staff's duties to the Commission is confidential and is not a public record as defined in G.S. 132-1.

(f) Any request made to an agency employee by Commission staff and any communication between Commission staff and an agency employee is confidential. An agency employee shall treat as confidential to a member of Commission staff any request from and any communication with the member. The nature and existence of the request and communications shall only be revealed by an agency employee to another agency employee to the extent that it is necessary to fulfill a request for document production or to gather more information as requested by the member of Commission staff. A violation of this subsection by an agency employee shall be grounds for disciplinary action, including dismissal.

(g) A person who conceals, falsifies, or refuses to provide to the Commission any document, information, or access to any building or facility as required by this Article with the intent to mislead, impede, or interfere with the Commission's discharge of its duties under this Article shall be guilty of a Class 2 misdemeanor.

(h) The provisions of G.S. 120-19.1 through 120-19.4 shall apply to the proceedings of the Commission as if it were a joint committee of the General Assembly. (1975, c. 490; 1977, c. 344, s. 1; 2022-6, s. 15.2; 2023-134, s. 27.10(b).)

§ 120-78.  Compensation and expenses of Commission member; staffing.

Members of the Commission or a subcommittee of the Commission who are also members of the General Assembly, shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1 for General Assembly members. The Commission shall be funded by the Legislative Services Commission from appropriations made to the General Assembly for that purpose.

Commission staff are not subject to the State Budget Act or to the North Carolina Human Resources Act. (1975, c. 490; 1977, c. 988, s. 3; 1991, c. 72, s. 3; 2023-134, s. 27.10(b).)

§ 120-79.  Repealed by Session Laws 2023-134, s. 27.10(a), effective October 3, 2023.

§§ 120-80 through 120-84.  Reserved for future codification purposes.

Article 13A.

Joint Legislative Committee to Review Federal Block Grant Funds.

§§ 120-84.1 through 120-84.5:  Repealed by Session Laws 1987, c.  738, s. 120(d).

Article 13B.

Joint Legislative Commission on Future Strategies for North Carolina.

§ 120-84.6: Repealed by Session Laws 2011-266, s. 1.28(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-84.7: Repealed by Session Laws 2011-266, s. 1.28(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-84.8: Repealed by Session Laws 2011-266, s. 1.28(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-84.9: Repealed by Session Laws 2011-266, s. 1.28(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-84.10: Repealed by Session Laws 2011-266, s. 1.28(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-84.11: Repealed by Session Laws 2011-266, s. 1.28(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-84.12: Repealed by Session Laws 2011-266, s. 1.28(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

Article 14.

Legislative Ethics Act.

Part 1. Code of Legislative Ethics.

§ 120-85: Repealed by Session Laws 2006-201, s. 4, effective January 1, 2007.

§ 120-85.1.  Definitions.

As used in this Article, the following terms mean:

(1) Business with which associated. - As defined in G.S. 138A-3.

(2) Confidential information. - As defined in G.S. 138A-3.

(3) Economic interest. - As defined in G.S. 138A-3.

(4) Immediate family. - As defined in G.S. 138A-3.

(5) Legislator. - As defined in G.S. 138A-3.

(6) Nonprofit corporation or organization with which associated. - As defined in G.S. 138A-3.

(7) Vested trust. - As defined in G.S. 138A-3. (2006-201, s. 5; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

§ 120-86.  Bribery, economic threats made to influence legislation; violations.

(a) No person shall offer or give to a legislator or a member of a legislator's immediate family, or to a business with which the legislator is associated, and no legislator shall solicit or receive, anything of monetary value, including a gift, favor or service or a promise of future employment, based on any understanding that the legislator's vote, official actions or judgment would be influenced thereby, or where it could reasonably be inferred that the thing of value would influence the legislator in the discharge of the legislator's duties.

(b) It shall be unlawful for the partner, client, customer, or employer of a legislator or the agent of that partner, client, customer, or employer, directly or indirectly, to threaten economically that legislator with the intent to influence the legislator in the discharge of the legislator's duties.

(b1) It shall be unlawful for any person, directly or indirectly, to threaten economically another person in order to compel the threatened person to attempt to influence a legislator in the discharge of the legislator's duties.

(c) It shall be unethical for a legislator to contact the partner, client, customer, or employer of another legislator if the purpose of the contact is to cause the partner, client, customer, or employer, directly or indirectly, to threaten economically that legislator with the intent to influence that legislator in the discharge of the legislator's duties.

(d) Repealed by Session Laws 2006-201, s. 6, effective January 1, 2007.

(e) Violation of subsection (a), (b), or (b1) is a Class F felony. Violation of subsection (c) is not a crime but is punishable under G.S. 120-103.1. (1975, c. 564, s. 1; 1983, c. 780, s. 2; 1993, c. 539, s. 1302; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 19.27(a); 2006-201, s. 6.)

§ 120-86.1.  Personnel-related action unethical.

It shall be unethical for a legislator to take, promise, or threaten any legislative action, as defined in G.S. 120C-100(9), for the purpose of influencing or in retaliation for any action regarding State employee hirings, promotions, grievances, or disciplinary actions subject to Chapter 126 of the General Statutes. (1997-520, s. 7; 2006-201, s. 20(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

§ 120-87.  Disclosure of confidential information.

(a) No legislator shall use or disclose in any way confidential information gained in the course of the legislator's official activities or by reason of the legislator's official position that could result in financial gain for: (i) the legislator; (ii) a business with which the legislator is associated; (iii) a nonprofit corporation or organization with which the legislator is associated; (iv) a member of the legislator's immediate family; or (v) any other person.

(b) Repealed by Session Laws 2006-201, s. 4, effective January 1, 2007. (1975, c. 564, s. 1; 2004-199, s. 31(b); 2006-201, s. 4; 2007-347, s. 1; 2007-484, s. 16.)

§ 120-88: Repealed by Session Laws 2006-201, s. 4, effective January 1, 2007.

Part 2. Statement of Economic Interest.

§ 120-89: Repealed by Session Laws 2006-201, s. 4, effective January 1, 2007.

§ 120-90: Repealed by Session Laws 2001-119, s. 2.

§ 120-91:  Repealed by 1987 (Reg.  Sess., 1988), c. 1028, s. 3.

§§ 120-92 through 120-94: Repealed by Session Laws 2006-201, s. 4, effective January 1, 2007.

§ 120-95:  Repealed by 1987 (Reg.  Sess., 1988), c. 1028, s. 3.

§ 120-96: Repealed by Session Laws 2006-201, s. 4, effective January 1, 2007.

§ 120-97:  Repealed by 1987 (Reg.  Sess., 1988), c. 1028, s. 3.

§ 120-98: Repealed by Session Laws 2006-201, s. 4, effective January 1, 2007.

Part 3. Legislative Ethics Committee.

§ 120-99.  Creation; composition.

(a) The Legislative Ethics Committee is created and shall consist of 12 members, six Senators appointed by the President Pro Tempore of the Senate, and six members of the House of Representatives appointed by the Speaker of the House. The President Pro Tempore of the Senate shall appoint three members from a list of nominees submitted by the majority leader of the Senate and three members from a list of nominees submitted by the minority leader of the Senate. The Speaker of the House shall appoint three members from a list of nominees submitted by the majority leader of the House and three members from a list of nominees submitted by the minority leader of the House. The nominating majority or minority leader shall submit to the person making the appointment a list of twice the number of vacancies on the Committee that are to be filled from that leader's nominees.

(b) The President Pro Tempore of the Senate and the Speaker of the House as the appointing officers shall each designate a cochair of the Legislative Ethics Committee from the respective officer's appointees to serve as cochair for the current General Assembly, and until the cochair's successor is designated. The cochair appointed by the President Pro Tempore of the Senate shall preside over the Legislative Ethics Committee during the odd-numbered year, and the cochair appointed by the Speaker of the House shall preside in the even-numbered year. A cochair may preside at anytime during the absence of the presiding cochair or upon the presiding cochair's designation. In the event a cochair is unable to act as cochair on a specific matter before the Legislative Ethics Committee, and so indicates in writing to the appointing officer and the Legislative Ethics Committee, the respective officer shall designate from that officer's appointees a member to serve as cochair for that specific matter.

(c) Repealed by Session Laws 2006-201, s. 8, effective January 1, 2007.

(d) The appointments of the President Pro Tempore of the Senate and the Speaker of the House shall ensure that the composition of the Legislative Ethics Committee is bipartisan in equal numbers. (1975, c. 564, s. 1; 1985, c. 790, s. 6; 1991, c. 739, s. 15; 1995, c. 180, s. 1; 2004-199, s. 31(d); 2006-201, ss. 7, 8; 2009-10, s. 1.)

§ 120-100.  Term of office; vacancies.

(a) Appointments to the Legislative Ethics Committee shall be made immediately after the convening of the regular session of the General Assembly in odd-numbered years. The term of office for members of the Legislative Ethics Committee shall be four years from the date of the convening of the General Assembly in which the member is appointed to the Committee. Members shall not serve two consecutive full terms.

(b) A vacancy occurs on the Legislative Ethics Committee when a member resigns or is no longer a member of the General Assembly. A vacancy occurring for any reason during a term shall be filled for the unexpired term by the authority making the appointment which caused the vacancy, and the person appointed to fill the vacancy shall, if possible, be a member of the same political party as the member who caused the vacancy, from a list of two nominees submitted by that party's leader.

(c) In the event a member of the Legislative Ethics Committee is unable to act on a specific matter before the Legislative Ethics Committee, and so indicates in writing to the appointing officer and the Legislative Ethics Committee, the appointing officer may appoint another member of the respective chamber from a list of two members submitted by the majority leader or minority leader who nominated the member who is unable to act on the matter to serve as a member of the Legislative Ethics Committee for the specific matter only. If on any specific matter, the number of members of the Legislative Ethics Committee who are unable to act on a specific matter exceeds four members, the appropriate appointing officer shall appoint other members of the General Assembly to serve as members of the Legislative Ethics Committee for that specific matter only. (1975, c. 564, s. 1; 1995, c. 180, s. 2; 2004-199, s. 31(e); 2009-10, s. 2.)

§ 120-101.  Quorum; expenses of members.

(a) Eight members constitute a quorum of the Committee. A vacancy on the Committee does not impair the right of the remaining members to exercise all the powers of the Committee.

(b) The members of the Committee, while serving on the business of the Committee, are performing legislative duties and are entitled to the subsistence and travel allowances to which members of the General Assembly are entitled when performing legislative duties. (1975, c. 564, s. 1; 1995, c. 180, s. 3; 2006-201, s. 9.)

§ 120-102.  Powers and duties of Committee.

(a) In addition to the other powers and duties specified in this Article, the Committee may:

(1) through (4)  Repealed by Session Laws 2006-201, s. 10, effective January 1, 2007.

(5) Prepare a list of ethical principles and guidelines to be used by legislators and legislative employees to identify potential conflicts of interest and prohibited behavior, prepare advisory memoranda to legislators and legislative employees on specific ethical concerns, and suggest rules of conduct that shall be adhered to by legislators and legislative employees.

(5a) Advise each General Assembly committee of specific danger areas where conflicts of interest may exist and to suggest rules of conduct that should be adhered to by committee members in order to avoid conflict.

(6) Advise General Assembly members or render written opinions if so requested by the member about questions of ethics or possible points of conflict and suggested standards of conduct of members upon ethical points raised.

(6a) Review, modify, or overrule advisory opinions issued to legislators by the State Ethics Commission under G.S. 138A-3.

(7) Propose rules of legislative ethics and conduct. The rules, when adopted by the House of Representatives and the Senate, shall be the standards adopted for that term.

(8) Upon receipt of information that a legislator owes money to the State and is delinquent in making repayment of such obligation, investigate and dispose of the matter according to the terms of this Article.

(9) Investigate alleged violations in accordance with G.S. 120-103.1 and hire separate legal counsel, through the Legislative Services Commission, for these purposes.

(10) Adopt procedures to implement this Article.

(11) Perform other duties as may be necessary to accomplish the purposes of this Article.

(b) G.S. 120-19.1 through G.S. 120-19.8 shall apply to the proceedings of the Legislative Ethics Committee as if it were a joint committee of the General Assembly, except that both cochairs shall sign all subpoenas on behalf of the Committee. Notwithstanding any other 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. (1975, c. 564, s. 1; 1979, c. 864, s. 3; 1991, c. 700, s. 1; 2006-201, s. 10; 2007-348, s. 1; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

§ 120-103: Repealed by Session Laws 2006-201, s. 11, effective January 1, 2007.

§ 120-103.1.  Investigations by the Committee.

(a) Institution of Proceedings. - On its own motion, upon receipt by the Committee of a signed and sworn, under oath or affirmation, allegation of unethical conduct by a legislator from a registered voter or upon receipt of a referral of a complaint from the State Ethics Commission under Chapter 138A of the General Statutes, the Committee shall conduct an investigation into any of the following:

(1) The application or alleged violation of Chapter 138A of the General Statutes.

(2) Repealed by Session Laws 2007-348, s. 2, effective August 9, 2007.

(3) The alleged violation of the criminal law by a legislator while acting in the legislator's official capacity as a participant in the lawmaking process.

(a1) Complaints on Its Own Motion. - An investigation initiated by the Committee on its own motion instituted under subsection (a) of this section shall be treated as a complaint for purposes of this section and need not be sworn or verified. Any requirements under this section that require the Committee to notify the complainant shall not apply to complaints taken up by the Committee on its own motion. If the Committee is acting on a complaint referred to the Committee by the Commission where the Commission was acting on its own motion, the Committee shall be deemed to have satisfied the notice requirements by providing notice to the Commission. Any notice provided to the Commission under this section is confidential and shall not be disclosed by the Commission.

(a2) Notice of Allegation. - Upon receipt by the Committee of a complaint or the referral of a complaint, or upon the initiation by the Committee of an inquiry under subsection (a1) of this section, the Committee shall immediately provide written notice to the legislator who is the subject of the allegation or inquiry.

(b) Initial Consideration of a Complaint. - All of the following shall apply to the Committee's initial consideration of a complaint:

(1) The Committee may, in its sole discretion, request additional information to be provided by the complainant within a specified period of time of no less than seven business days.

(2) The Committee may decline to accept or further investigate a complaint if it determines that any of the following apply:

a. The complaint is frivolous or brought in bad faith.

b. The individuals and conduct complained of have already been the subject of a prior complaint.

c. The conduct complained of is primarily a matter more appropriately and adequately addressed and handled by other federal, State, or local agencies or authorities, including law enforcement authorities. If other agencies or authorities are conducting an investigation of the same actions or conduct involved in a complaint filed under this section, the Committee may stay its complaint investigation pending final resolution of the other investigation.

(3) Repealed by Session Laws 2009-549, s. 1, effective August 28, 2009.

(4) Notwithstanding any other provisions of this section, complaints filed with the Committee concerning the conduct of the Lieutenant Governor shall be referred to the State Ethics Commission under Chapter 138A of the General Statutes without investigation by the Committee.

(c) Investigation of Complaints. - The Committee shall investigate all complaints properly before the Committee in a timely manner. If the Committee receives a complaint or a referral of a complaint while the General Assembly is in Regular Session, the Committee shall proceed under this subsection within 10 business days of receiving the complaint or the referral. If the Committee receives a complaint or a referral of a complaint at any other time, the Committee shall proceed under this subsection within 20 business days of receiving the complaint or the referral. Within the applicable time period, the Committee shall do at least one of the following:

(1) Dismiss the complaint.

(2) Initiate a preliminary investigation of the complaint.

(3) Refer the complaint for further investigation and a hearing in accordance with subsection (i) of this section.

(4) Make recommendations to the house in which the legislator who is the subject of the complaint is a member without further investigation, if either of the following apply:

a. The referral is from the State Ethics Commission.

b. The referral alleges conduct that may be unethical but the Committee determines it does not have jurisdiction under subsection (a) of this section.

(c1) Preliminary Investigation. - The Committee may initiate a preliminary investigation if it determines that the complaint alleges facts sufficient to constitute a violation of matters over which the Committee has jurisdiction as set forth in subsection (a) of this section. In determining whether there is reason to believe that a violation has or may have occurred, a member of the Committee may take general notice of available information even if not formally provided to the Committee in the form of a complaint. The Committee may utilize the services of a hired investigator when conducting investigations. The Committee shall provide written notification of the initiation of a preliminary investigation under this subsection to the legislator who is the subject of the complaint within 10 days of the date of the Committee's decision to initiate an investigation. The Committee shall conclude the preliminary inquiry within 20 business days of initiating the preliminary investigation but may extend the amount of time if the Committee determines it does not have sufficient information to proceed under subsection (g) or (h) of this section.

(d) Repealed by Session Laws 2009-549, s. 1, effective August 28, 2009.

(e) Investigation by the Committee of Matters Other Than Complaints. -

The Committee may investigate matters other than complaints properly within the jurisdiction of the Committee under subsection (a) of this section. For any investigation initiated under this subsection, the Committee may take any action it deems necessary or appropriate to further compliance with this Article, including the initiation of a complaint, the issuance of an advisory opinion under G.S. 120-104, or referral to appropriate law enforcement or other authorities pursuant to subdivision (j)(2) of this section.

(f) Legislator Cooperation with Investigation. - Legislators shall promptly and fully cooperate with the Committee in any Committee-related investigation. Failure to cooperate fully with the Committee in any investigation shall be grounds for sanctions under this section.

(g) Dismissal of Complaint After Preliminary Investigation. - If the Committee determines at the end of its preliminary investigation that the complaint does not allege facts sufficient to constitute a violation of matters over which the Committee has jurisdiction as set forth in subsection (a) of this section, the Committee shall dismiss the complaint and provide written notice of the dismissal to the individual who filed the complaint and to the legislator against whom the complaint was filed.

(h) Probable Cause Determination and Notice of Hearing. - If at the end of its preliminary investigation, the Committee determines that probable cause exists to proceed with further investigation into the conduct of a legislator, the Committee shall determine the charges that will be the basis for further investigation of the complaint and provide written notice to the legislator that the Committee will conduct further investigation and the charges against the legislator. The legislator shall be given an opportunity to file a written response to the charges with the Committee.

The Committee shall give full and fair consideration to the complaint and to the legislator's response to the complaint. Except as provided in subsection (h2) of this section, if the Committee determines that the complaint cannot be resolved without further investigation and a hearing, or if the legislator requests a public hearing, the Committee shall hold a hearing on the charges against the legislator. The Committee shall send a notice of the hearing to the complainant and to the legislator. The notice shall contain the charges against the legislator and the time and place for the hearing. The Committee shall begin the hearing no sooner than 15 days and no later than 90 days after the date of the notice of hearing.

(h1) Repealed by Session Laws 2013-146, s. 1, effective June 19, 2013.

(h2) Private Admonishment. - The Committee may issue a private admonishment without holding a hearing, subject to the requirements of subsection (k) of this section.

(i) Hearing. - All the following shall apply to any hearing on a complaint held by the Committee:

(1)-(3) Repealed by Session Laws 2009-549, s. 1, effective August 28, 2009.

(4) Oral evidence shall be taken only on oath or affirmation.

(5) The hearing shall be open to the public, except for matters that could otherwise be considered in closed session under G.S. 143-318.11, matters involving minors, or matters involving a personnel record. In any event, the deliberations by the Committee on a complaint may be held in closed session.

(6) The legislator being investigated shall have the right to present evidence, call and examine witnesses, cross-examine witnesses, introduce exhibits, and be represented by counsel.

(j) Disposition of Investigations After Hearing. - Except as permitted under subsections (b) and (g) of this section, after the hearing, the Committee shall dispose of the matter before the Committee under this section, in any of the following ways:

(1) If the Committee finds that the alleged violation is not established by clear and convincing evidence, the Committee shall dismiss the complaint.

(2) If the Committee finds that the alleged violation is established by clear and convincing evidence, the Committee shall do one or more of the following:

a. Issue a public or private admonishment to the legislator.

b. Refer the matter to the Attorney General for investigation and referral to the district attorney for possible prosecution or the appropriate house for appropriate action, or both, if the Committee finds substantial evidence of a violation of a criminal statute.

c. Refer the matter to the appropriate house for appropriate action, which may include censure and expulsion.

(3) If the Committee issues an admonishment as provided in subdivision (2)a. of this subsection, the legislator affected may, upon written request to the Committee, have the matter referred as provided under subdivision (2)c. of this subsection.

(k) Effect of Dismissal or Private Admonishment. - If the Committee dismisses a complaint or issues a private admonishment prior to commencing a hearing under subsection (i) of this section, the Committee shall retain its records or findings in confidence, unless the legislator 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 admonishment, then the Committee may make public the earlier admonishment and the records and findings related to it.

(l) Confidentiality. - The complaint, response, records, and findings of the Committee connected to an inquiry under this section shall be confidential and not matters of public record, except as otherwise provided in this section or when the legislator under inquiry requests in writing that the complaint, response, and findings be made public. Once a hearing under subsection (i) of this section commences the complaint, response, Committee's report to the house, and all other documents offered at the hearing in conjunction with the complaint, that are not otherwise privileged or confidential under law, shall be public records. If no hearing is held, at such time as the Committee recommends sanctions to the house of which the legislator is a member, the complaint, response, and Committee's report to the house shall be made public.

(m) Concurrent Jurisdiction. - Any action or lack of action by the Committee under this section shall not limit the right of each house of the General Assembly to discipline or to expel its members.

(n) Reports. - The Committee shall publish annual statistics on complaints filed with or considered by the Committee, including the number of complaints filed, the number of complaints dismissed, the number of complaints resulting in admonishment, the number of complaints referred to the appropriate house for appropriate action, the number of complaints referred for criminal prosecution, and the number and age of complaints pending action by the Committee. (2006-201, s. 12; 2007-347, s. 2; 2007-348, ss. 2-4; 2008-187, s. 20; 2008-213, ss. 1(a), 3; 2009-549, s. 1; 2010-169, s. 23(f), (g); 2013-146, s. 1; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 4.2(c), 6.1.)

§ 120-104.  Advisory opinions.

(a) At the request of any member of the General Assembly, the Committee shall render formal advisory opinions on specific questions involving legislative ethics.

(b) The Committee shall receive and review recommended advisory opinions issued to legislators, except the Lieutenant Governor, by the State Ethics Commission under G.S. 138A-13. The opinion shall not be considered a formal advisory opinion until the advisory opinion is adopted by the Committee. The Committee may modify or overrule the recommended advisory opinions issued to legislators by the State Ethics Commission, and the final action on the opinion by the Committee shall control.

(c) A legislator who acts in reliance on a formal advisory opinion issued by the Committee under this section shall be entitled to the immunity granted under G.S. 138A-13(e).

(d) Staff to the Committee may issue informal, nonbinding advisory opinions under procedures adopted by the Committee.

(e) The Committee may interpret this Article and Chapter 138A of the General Statutes as it applies to legislators, except the Lieutenant Governor, and these interpretations are binding on all legislators upon publication.

(f) The Committee shall submit its formal advisory opinions to the State Ethics Commission, and the State Ethics Commission shall publish the Committee's opinions under G.S. 138A-13(h). The Committee shall edit for publication purposes as necessary to protect the identities of the individuals requesting opinions prior to submission to the State Ethics Commission. The Committee may distribute the edited formal advisory opinion to members of the General Assembly prior to publication by the State Ethics Commission.

(g) Except as provided under subsection (f) of this section, a request made by a legislator to the Committee for an advisory opinion, advisory opinions issued under this section, recommended advisory opinions received from the State Ethics Commission, and any supporting documents submitted or caused to be submitted to the Committee in connection with requests for advisory opinions or recommended advisory opinions are confidential. Neither the identity of the legislator making the request nor the existence of the request may be revealed to any person without the consent of the legislator. A legislator requesting or receiving an advisory opinion may authorize the release to any other person, the State, or any governmental unit of the request, the recommended advisory opinion, the advisory opinion, or any supporting documents.

For purposes of this section, "document" is as defined in G.S. 120-129. Requests for advisory opinions, recommended advisory opinions, advisory opinions issued by the Committee, and any supporting documents are not "public records" as defined in G.S. 132-1.

(h) Requests for advisory opinions may be withdrawn by the requestor at any time prior to the issuance of an advisory opinion. (1975, c. 564, s. 1; 2006-201, s. 13; 2007-347, s. 3; 2007-348, ss. 5, 6; 2008-213, s. 2(a); 2010-169, s. 22(e); 2013-146, s. 2; 2017-6, s. 3;  2018-146, ss. 3.1(a), (b), 6.1.)

§ 120-105.  Continuing study of ethical questions.

The Committee shall conduct continuing studies of questions of legislative ethics including revisions and improvements of this Article and Chapter 138A and Chapter 120C of the General Statutes. The Committee shall report to the General Assembly from time to time recommendations for amendments to the statutes and legislative rules which the Committee deems desirable in promoting, maintaining and effectuating high standards of ethics in the legislative branch of State government. (1975, c. 564, s. 1; 2006-201, s. 14; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

§ 120-106.  Article applicable to presiding officers.

The provisions of this Article shall apply to the presiding officers of the General Assembly. (1975, c. 564, s. 2.)

§§ 120-107 through 120-111.  Reserved for future codification purposes.

Article 14A.

Committees on Pensions and Retirement.

§ 120-111.1.  Creation.

A standing committee is hereby created in the House of Representatives to be known as the Committee on Pensions and Retirement, to consist of a minimum of four members to be appointed by the Speaker of the House of Representatives. A standing committee is hereby created in the Senate to be known as the Committee on Pensions and Retirement, to consist of the following members at the minimum: the Chairmen of the Senate Committees on Appropriations, Finance and Ways and Means. (1979, 2nd Sess., c. 1250, s. 1; 1981, c. 85, s. 2; 1989 (Reg. Sess., 1990), c. 899.)

§ 120-111.2.  Duties.

With respect to public officers and public employees to whom State-administered retirement benefit or pension plans are applicable, the Senate and House Committees on Pensions and Retirement shall:

(1) Study the benefits, including those available under Social Security and any other federal programs available to the public officers and employees.

(2) Consider all aspects of retirement and pension financing, planning and operation, including the financing of accrued liabilities of each retirement or pension fund, health program, and other fringe benefits.

(3) Request the Governor, the State Treasurer, the State Auditor and any other agency or department head which has information relevant to these committees' study to prepare any reports deemed necessary by the committee.

(4) Recommend legislation which will insure and maintain sound retirement and pension policy for all funds.

(5) Analyze each item of proposed pension and retirement legislation in accordance with Article 15 of Chapter 120 of the General Statutes.

(6) Study, analyze, and report on related subjects directed to be studied by joint resolution, resolution of either house of the General Assembly, or by direction of the Speaker of the House or President of the Senate. (1979, 2nd Sess., c. 1250, s. 1; 1981, c. 85, s. 3; 1987, c. 1091, s. 4; 1989, c. 261, s. 2.)

§ 120-111.3.  Analysis of legislation.

Every bill, which creates or modifies any provision for the retirement of public officers or public employees or for the payment of retirement benefits or of pensions to public officers or public employees, shall, upon introduction in either house of the General Assembly, be referred to the Committee on Pensions and Retirement of each house. When the bill is reported out of committee it shall be accompanied by a written report by the Committee on Pensions and Retirement containing, among other matters which the Committee deems relevant, the actuarial note required by Article 15 of Chapter 120 of the General Statutes, and pursuant to the Rules of the General Assembly, and an evaluation of the proposed legislation's actuarial soundness and adherence to sound retirement and pension policy. Any bill referred to the Committee on Pensions and Retirement cannot be further considered by that house until such bill has received a favorable report, a report without prejudice, or has been recalled from that committee.

Whenever a bill is considered by the Committee on Pensions and Retirement that proposes changes in the benefits of any State-administered retirement or pension plan to be financed by unencumbered actuarial experience gains generated either through a change in actuarial assumptions adopted by the plan for the previous budget year or through a continuation of the actuarial assumptions adopted by the plan for the previous budget year, the Committee shall give equal consideration to the effects that such unencumbered actuarial gains would have upon annual employer or State contributions to the plan and to the amount by which the plan's unfunded accrued liabilities, if any, might be reduced. If such unencumbered actuarial experience gains could be used to modify annual employer or State contributions to the plan resulting in a corresponding effect upon State appropriations, the Committee on Pensions and Retirement shall, upon a favorable report, refer the bill to the Committee on Appropriations of the same house before the bill is considered by that house. (1979, 2nd Sess., c. 1250, s. 1; 1981, c. 85, s. 4; 1985, c. 187; c. 400, s. 10; 1987 (Reg. Sess., 1988), c. 1110, s. 11.1.)

§ 120-111.4.  Staff and actuarial assistance.

Upon application of the chairman of the Senate or House Committee on Pensions and Retirement, the Legislative Services Commission shall provide staff, including actuarial assistance, to aid the committee in its work. (1979, 2nd Sess., c. 1250, s. 1; 1981, c. 85, s. 5.)

§ 120-111.5.  House Standing Committee on State Personnel.

If the House of Representatives does not have a Committee on Pensions and Retirement but does have a Committee on State Personnel, then any reference to the "Committee on Pensions and Retirement" in the remainder of this Article shall, as to the House of Representatives, be construed as a reference to the "Committee on State Personnel." (2011-14, s. 1.)

Article 15.

Legislative Actuarial Note Act.

§ 120-112.  Title.

This Article may be cited as the "Legislative Actuarial Note Act". (1977, c. 503, s. 1; 1987 (Reg. Sess., 1988), c. 1091, s. 1; 1993, c. 553, s. 35.)

§ 120-113.  Duties and functions of Fiscal Research Division.

(a) The Fiscal Research Division of the Legislative Services Commission of the General Assembly shall have authority to evaluate on a continuing basis all aspects of any State, municipal, or other retirement system, funded in whole or in part out of public funds, and all aspects of any program of hospital, medical, disability, or related benefits provided for teachers and State employees, funded in whole or in part by State funds, as to actuarial soundness. The Fiscal Research Division shall make periodic detailed reports to the General Assembly specifically setting forth the findings of such evaluations. In conducting its evaluations the division shall have complete access without charge to all books, accounts, and personnel of the retirement systems, and to all books, accounts, and personnel of agencies and contractors charged with providing programs of hospital, medical, disability, or related benefits for teachers and State employees.

(b) No provision of this Article shall be deemed or in any way construed to preclude the authority of any retirement system funded in whole or in part out of public funds to hire an actuary for any such retirement system.  No provision of this Article shall be deemed or in any way construed to preclude the authority of any program of hospital, medical, disability, or related benefits provided for teachers and State employees, funded in whole or in part by State funds, to hire an actuary for any such program.

(c) The Fiscal Research Division shall, in addition to the powers and functions conferred by this Article, render such assistance as the Legislative Services Commission may require with respect to any other matter requiring actuarial evaluations. (1977, c. 503, s. 2; 1987 (Reg. Sess., 1988), c. 1091, s. 2.)

§ 120-114.  Actuarial notes; Retirement System cost estimates.

(a) Every bill, joint resolution, and simple or concurrent resolution introduced in the General Assembly proposing any change in the law relative to any State, municipal, or other retirement system, funded in whole or in part out of public funds, or any program of hospital, medical, disability, or related benefits provided for teachers and State employees, funded in whole or in part by State funds, shall have attached to it at the time of its consideration by any committee of either house of the General Assembly a brief explanatory statement or note which shall include a reliable estimate of the financial and actuarial effect of the proposed change in any such retirement system or program of hospital, medical, disability, or related benefits. This actuarial note shall be attached to the original of each proposed bill or resolution which is reported favorably by any committee of either house of the General Assembly, but shall be separate therefrom, shall be clearly designated as an actuarial note and shall not constitute a part of the law or other provisions or expression of legislative intent proposed by the bill or resolution.

(b) The author of each bill or resolution shall present a copy of the bill or resolution, with his request for an actuarial note, to the Fiscal Research Division which shall have the duty to prepare said actuarial note as promptly as possible. Actuarial notes shall be prepared and transmitted to the author or authors no later than two weeks after the request for the actuarial note is made, unless an extension of time is agreed to by the author or authors as being necessary in preparation of the note. Any person who signs an actuarial note knowing it to contain false information shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than six months, or both.

(c) The author of each bill or resolution shall also present a copy of the bill or resolution to any actuary employed by the retirement system, or to any actuary employed by a program of hospital, medical, disability, or related benefits provided for teachers and State employees, affected by the bill or resolution in question. Actuarial notes shall be prepared and transmitted to the author or authors of the measure no later than two weeks after the request for the actuarial note is received, unless an extension of time is agreed to by the author or authors as being necessary in preparation of the note. Any person who signs an actuarial note knowing it to contain false information shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than six months, or both. The provisions of this subsection may be waived for any local government retirement or pension plans not administered by the State, and for any local government program of hospital, medical, disability, or related benefits for local government employees not administered by the State.

(d) The note shall be factual and shall, if possible, provide a reliable estimate of both the immediate effect and, if determinable or reasonably foreseeable, the long range fiscal and actuarial effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. No comment or opinion shall be included in the actuarial note with regard to the merits of the measure for which the note is prepared. However, technical and mechanical defects may be noted.

(e) At any time any committee of either house reports any legislative instrument, to which an actuarial note or notes are attached at the time of committee consideration, with any amendment of such nature as would substantially affect the cost to or the revenues of any retirement system, or program of hospital, medical, disability, or related benefits for teachers and State employees, as stated in the actuarial note or notes attached to the measure at the time of such consideration, it shall be the responsibility of the chairman of the committee reporting such instrument to obtain from the Fiscal Research Division an actuarial note of the fiscal and actuarial effect of the change proposed by the amendment reported. Such actuarial note shall be attached to the report of the committee on the measure as a supplement thereto. A floor amendment to a bill or resolution to which an actuarial note was attached at the time of committee consideration of the bill or resolution shall not be in order, if the amendment affects the costs to or the revenues of a retirement system, or program of hospital, medical, disability, or related benefits provided for teachers and State employees, unless the amendment is accompanied by an actuarial note, prepared by the Fiscal Research Division, as to the actuarial effect of the amendment.

(f) In addition to the other requirements of this section, if a bill or resolution contemplates removing a public agency as a participating employer from the Teachers' and State Employees' Retirement System or the Local Governmental Employees' Retirement System, the Fiscal Research Division shall obtain an estimate of cost of the withdrawal liability the agency would owe under procedures established by the Boards of Trustees of the Retirement Systems.

(g) In addition to the other requirements of this section, if a bill or resolution adds or modifies service purchase provisions, the Fiscal Research Division shall obtain an estimate of the cost impact of those provisions using the 30-year United States Treasury constant maturity and cost-of-living adjustment and salary increase assumptions consistent with that rate as of December of the year of the most recent actuarial valuation in addition to the cost of the provision using the valuation assumptions. (1977, c. 503, s. 3; 1985, c. 189; 1987 (Reg. Sess., 1988), c. 1091, s. 3; 1989, c. 261; 2015-168, ss. 2(a), (b); 2016-82, s. 3.)

§§ 120-115 through 120-120.  Reserved for future codification purposes.

Article 16.

Legislative Appointments to Boards and Commissions.

§ 120-121.  Legislative appointments.

(a) In any case where the General Assembly is called upon by law to appoint a member to any board or commission, that appointment shall be made by enactment of a bill.

(b) A bill may make more than one appointment.

(c) The bill shall state the name of the person being appointed, the board or commission to which the appointment is being made, the effective date of the appointment, the date of expiration of the term, the county of residence of the appointee, and whether the appointment is made upon the recommendation of the Speaker of the House of Representatives, President Pro Tempore of the Senate, or the President of the Senate.

(d) Nothing in this section or any other statute precludes any member of the General Assembly from proposing an amendment to any bill making an appointment to a board or commission, or from introducing a bill to make an appointment to a board or commission, where an appointment by the General Assembly is authorized by law.

(e) The following applies in any case where the Speaker of the House of Representatives or the President Pro Tempore of the Senate is directed by law to make a recommendation for an appointment by the General Assembly, and the legislator is also directed to make the recommendation in consultation with or upon the recommendation of a third party:

(1) The recommendation or consultation is discretionary and is not binding upon the legislator.

(2) The third party must submit the recommendation or consultation at least 60 days prior to the expiration of the term or within 10 business days from the occurrence of a vacancy.

(3) Failure by the third party to submit the recommendation or consultation to the legislator within the time periods required under this subsection shall be deemed a waiver by the third party of the opportunity.

(f) The following applies in any case where the Speaker of the House of Representatives or the President Pro Tempore of the Senate is directed by law to make a recommendation for an appointment by the General Assembly, and the legislator is also directed to make the recommendation from nominees provided by a third party:

(1) The third party must submit the nominees at least 60 days prior to the expiration of the term or within 10 business days from the occurrence of a vacancy.

(2) Failure by the third party to submit the nomination to the legislator within the time periods required under this subsection shall be deemed a waiver by the third party of the opportunity. (1981 (Reg. Sess., 1982), c. 1191, s. 2; 1983, c. 717, s. 111; 1985, c. 290, s. 9; 2015-286, s. 1.3(a).)

§ 120-122.  Vacancies in legislative appointments.

When a vacancy occurs in any office subject to appointment by the General Assembly upon the recommendation of the Speaker of the House of Representatives, upon the recommendation of the President Pro Tempore of the Senate, or upon the recommendation of the President of the Senate, and the vacancy occurs either: (i) after election of the General Assembly but before convening of the regular session; (ii) when the General Assembly has adjourned to a date certain, which date is more than 20 days after the date of adjournment; (iii) after sine die adjournment of the regular session; or (iv) when the term of office expires and a successor has not been appointed, then the Governor may appoint a person to serve until the expiration of the term or until the General Assembly fills the vacancy, whichever occurs first. The General Assembly may fill the vacancy in accordance with G.S. 120-121 during a regular or extra session. When a person is holding over in office after the expiration of the term, for the purpose of this section that office may be filled as if it were vacant. Before making an appointment, the Governor shall consult the officer who recommended the original appointment to the General Assembly (the Speaker of the House of Representatives, the President Pro Tempore of the Senate, or the President of the Senate), and ask for a written recommendation. After receiving the written recommendation, the Governor must within 30 days either appoint the person recommended or inform the officer who made the recommendation that he is rejecting the recommendation. Failure to act within 30 days as required under the provisions of the preceding sentence shall be deemed to be approval of the candidate, and the candidate shall be eligible to enter the office in as full and ample extent as if the Governor had executed the appointment. The Governor shall not appoint a person other than the person so recommended. Any position subject to initial appointment by the General Assembly but not filled prior to sine die adjournment of the Session at which the position was created or adjournment to a date certain which date is more than 20 days after the date of adjournment of the session at which the position was created may be filled by the Governor under this section as if it were a vacancy occurring after the General Assembly had made an appointment. (1981 (Reg. Sess., 1982), c. 1191, s. 2; 1983, c. 717, ss. 112, 113; 1985, c. 752, ss. 1, 2; 1993, c. 563, s. 13; 2004-187, s. 5; 2004-195, s. 7.)

§ 120-123.  Service by members of the General Assembly on certain boards and commissions.

No member of the General Assembly may serve on any of the following boards or commissions:

(1) The Board of Agriculture, as established by G.S. 106-2.

(1a) Not effectuated.

(1b) The Rules Review Commission as established by G.S. 143B-30.1.

(2) Repealed by Session Laws 2007-484, s. 17, effective August 30, 2007.

(3) Repealed by Session Laws 2007-323, s. 19.1(c), effective July 1, 2007.

(3a) The State Banking Commission, as established by Article 2 of Chapter 53C of the General Statutes.

(4) Repealed by Session Laws 2021-90, s. 2(c), effective July 22, 2021.

(5) The Board of Transportation, as established by G.S. 143B-350.

(6) The Board of Trustees Teachers' and State Employees' Retirement System, as established by G.S. 135-6.

(6a) Repealed by Session Laws 1991 (Regular Session, 1992), c. 1030, s. 33.

(7) The Coastal Resources Commission, as established by G.S. 113A-104.

(8) The Environmental Management Commission, as established by G.S. 143B-283.

(8a) The Genetic Engineering Review Board, as created by G.S. 106-769.

(9) The State Fire and Rescue Commission, as established by G.S. 58-78-1.

(10) The Public Officers and Employees Liability Insurance Commission, as established by G.S. 58-32-1.

(11) Repealed by Session Laws 1983 (Regular Session, 1984), c. 995, s. 4.

(12) Repealed by Session Laws 1987, c. 71, s. 4.

(13) The North Carolina Criminal Justice Education and Training Standards Commission, as established by G.S. 17C-3.

(14) The North Carolina Housing Finance Agency Board of Directors, as established by G.S. 122A-4.

(15) The North Carolina Seafood Industrial Park Authority, as established by G.S. 113-315.25.

(16) Repealed by Session Laws 1985, c. 479, s. 153(b).

(17) The Board of Trustees of the North Carolina School of Science and Mathematics, as established by G.S. 116-233.

(18) The North Carolina Board of Science and Technology, as established by G.S. 143B-426.30.

(19) Repealed by Session Laws 1989, c. 500, s. 107(b).

(20) Repealed by Session Laws 1989 (Regular Session, 1990), c. 1024, s. 23(a).

(21) The Board of Trustees of the University of North Carolina Center for Public Media, as established by G.S. 116-37.1.

(22) The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services, as established by G.S. 143B-147.

(23) Repealed by Session Laws 1993, c. 501, s. 12.

(24) The North Carolina Alcoholism Research Authority, as established by G.S. 122C-431.

(25) Repealed by Session Laws 2002-126, s. 6.6(b), effective November 12, 2002.

(25a) The North Carolina Global TransPark Authority as established under G.S. 63A-3.

(26) The North Carolina State Ports Authority, as established by G.S. 136-260.

(27) The Property Tax Commission, as established by G.S. 105-288.

(28) The Social Services Commission, as established by G.S. 143B-154.

(29) The North Carolina State Commission of Indian Affairs, as established by G.S. 143B-407.

(30) The Wildlife Resources Commission, as established by G.S. 143-240.

(31) The North Carolina Council for Women, as established by G.S. 143B-393.

(31a) The North Carolina Structural Pest Control Committee, as established by G.S. 106-65.23.

(32) The Board of Trustees of North Carolina Museum of Art, established by G.S. 140-5.13.

(33) The North Carolina Sheriffs' Education and Training Standards Commission, established by G.S. 17E.

(33a) Repealed by Session Laws 1987, c. 738, s. 41(d).

(34) The Board of Trustees of the North Carolina Public Employee Deferred Compensation Plan, as established by G.S. 143B-426.24.

(34a) Repealed by Session Laws 1989 (Regular Session, 1990), c. 1024, s. 23(b).

(34b) The North Carolina Housing Partnership, as established by G.S. 122E-4.

(35) The Board of Trustees of the State Health Plan for Teachers and State Employees, as established by G.S. 135-39.

(36) Repealed by Session Laws 2004-199, s. 27(b), effective August 17, 2004.

(37) The State Board of Chiropractic Examiners as established by G.S. 90-139.

(38) The North Carolina Manufactured Housing Board, as established by G.S. 143-143.10.

(39) Repealed by Session Laws 1987, c. 71, s. 4.

(40) The Alarm System Licensing Board, as established by G.S. 74D-4.

(41) Repealed by Session Laws 1985 (Regular Session, 1986), c. 1011, s. 2.1(c).

(42) The Crime Victims Compensation Commission, as established by G.S. 15B-3.

(43) The North Carolina Council on Ocean Affairs, as established by G.S. 143B-390.10.

(44) The Child Care Commission, as established by G.S. 143B-168.3.

(45) Repealed by Session Laws 1995, c. 517, s. 39, effective October 1, 1995.

(45a) Repealed by Session Laws 2011-266, s. 1.38(c), effective July 1, 2015.

(46) The Board of Directors of the North Carolina Arboretum, as established in G.S. 116-240.

(47) The North Carolina Agricultural Finance Authority, as established by G.S. 122D-4.

(48) Reserved for future codification purposes.

(49) The Northeastern North Carolina Farmers Market Commission as established by G.S. 106-720.

(50) The Southeastern North Carolina Farmers Market Commission as established by G.S. 106-727.

(50a) The North Carolina Board of Dietetics/Nutrition as created by Article 25 of Chapter 90 of the General Statutes.

(51) The State Building Commission, as established by G.S. 143-135.25.

(52) The Commission on School Facility Needs, established by G.S. 115C-489.4.

(53) (Effective retroactively to September 1, 1997) The North Carolina Marine Fisheries Commission as established by G.S. 143B-289.51.

(54) Repealed by Session Laws 2001-474, s. 13, effective November 29, 2001.

(55) Repealed by Session Laws 1998-217, s. 45, effective October 31, 1998.

(56) Repealed by Session Laws 2001-474, s. 13, effective November 29, 2001.

(57) Repealed by Session Laws 2004-129, s. 35, effective July 1, 2004.

(58) The Appraisal Board created in G.S. 93E-1-5.

(59) Repealed by Session Laws 1997-286, s. 7.

(59a) The North Carolina Principal Fellows and TP3 Commission established by G.S. 116-74.41.

(60) Repealed by Session Laws 1997-443, s. 8.26b.

(61) The State Health Plan Purchasing Alliance Board, as established by G.S. 143-625.

(62) Repealed by Session Laws 2013-360, s. 15.28(c), effective June 30, 2014.

(63) Repealed by Session Laws 2011-145, s. 7.31(b), as added by Session Laws 2011-391, s. 17, effective July 1, 2011 and Session Laws 2011-266, s. 1.37(b), effective July 1, 2011.

(63a) The North Carolina Code Officials Qualification Board, as established by G.S. 143-151.9.

(64) A facility authority established under Part 4 of Article 20 of Chapter 160A of the General Statutes.

(64a) The North Carolina Educational Facilities Finance Agency, as established by G.S. 115E-4.

(65) Repealed by Session Laws 1998-217, s. 45.

(66) The Local Government Commission, as established by G.S. 159-3.

(67) Repealed by Session Laws 2013-360, s. 14.3(i), effective August 1, 2013.

(68) The State Human Resources Commission.

(69) The North Carolina Partnership for Children, Inc., established pursuant to Part 10B of Article 3 of Chapter 143B of the General Statutes, and all local partnerships established pursuant to this Part.

(70) The Tobacco Trust Fund Commission established in Article 75 of Chapter 143 of the General Statutes.

(71) The Health and Wellness Trust Fund Commission established in Article 21 of Chapter 130A of the General Statutes.

(72) Repealed by Session Laws 2008-134, s. 73(c), effective July 28, 2008.

(73) Repealed by Session Laws 2000-149, s. 5, as amended by Session Laws 2003-425, s. 3, effective December 31, 2003.

(74) The North Carolina Respiratory Care Board as created by Article 37 of Chapter 90 of the General Statutes.

(75) The North Carolina Turnpike Authority.

(76) Repealed by Session Laws 2023-136, s. 1.1(b), effective October 10, 2023.

(77) Repealed by Session Laws 2003-425, s. 4, as amended by Session Laws 2006-66, s. 12.3(a), effective December 31, 2011.

(78) The North Carolina State Lottery Commission, as established in Chapter 18C of the General Statutes.

(79) Expired pursuant to 2010-31, s. 13.5(e), as amended by 2013-360, s. 14.2, effective July 1, 2013.

(80) The Rural Infrastructure Authority, as created by G.S. 143B-472.128.

(81) Repealed by Session Laws 2016-94, s. 7.14(d), effective July 1, 2016.

(82) The Domestic Violence Commission, as established in Part 10C of Article 9 of Chapter 143B of the General Statutes.

(83) The Governor's Crime Commission of the Department of Public Safety, as established in G.S. 143B-1100. (1981 (Reg. Sess., 1982), c. 1191, s. 2; 1983, c. 328, s. 1.1; c. 558, s. 5; c. 559, s. 4; c. 717, ss. 2, 3, 43.2, 99, 105, 110; c. 761, s. 179; c. 778, s. 2; c. 786, s. 9; c. 789, s. 2; c. 832, ss. 2, 6; c. 871, s. 3; c. 899, s. 3; 1983 (Reg. Sess., 1984), c. 995, ss. 4, 19; 1985, c. 202, s. 5; c. 479, s. 153(b); c. 589, s. 37; c. 666, s. 80; c. 746, s. 6; c. 757, ss. 155(b), 167(h), 179(e), 206(f), 208(c); 1985 (Reg. Sess., 1986), c. 1011, ss. 2, 2.1(c); c. 1014, ss. 63(h), 99; c. 1028, s. 33; c. 1029, s. 14.3; 1987, c. 71, ss. 4, 5; c. 622, s. 15; c. 641, s. 21; c. 738, s. 41(d); c. 765, s. 2; c. 841, s. 4; c. 850, s. 18; 1987 (Reg. Sess., 1988), c. 993, s. 27; 1989, c. 139, s. 2; c. 168, s. 8; c. 239, s. 7; c. 500, ss. 107(b), 109(g); c. 625, s. 24; c. 727, s. 140; c. 750, s. 4; c. 752, s. 148(c); 1989 (Reg. Sess., 1990), c. 827, s. 14; c. 1024, s. 23(a)-(d); c. 1074, s. 32(a)-(c); 1991, c. 134, s. 1; c. 301, s. 1; c. 668, s. 2; c. 749, s. 6; 1991 (Reg. Sess., 1992), c. 900, s. 14(f); c. 1007, s. 37; c. 1030, ss. 33, 51.14; c. 1044, s. 10(b); 1993, c. 321, ss. 85(d), 135(b), 309.1(b); c. 405, s. 18.1; c. 419, s. 13.1; c. 501, s. 12; c. 529, s. 3.9; 1993 (Reg. Sess., 1994), c. 777, s. 4(f); 1995, c. 324, s. 17.9(i); c. 458, s. 2; c. 490, ss. 12(b), 17(b), 21(b), 30(b), 37(b); c. 517, s. 39(d); 1997-286, s. 7; 1997-443, s. 8.26; 1997-506, s. 42; 1998-181, s. 3; 1998-212, s. 12.37B(e); 1998-217, s. 45; 1998-224, s. 19(c); 1998-225, s. 1.2; 2000-147, s. 5; 2000-148, s. 2; 2000-149, ss. 2, 5; 2000-162, s. 2; 2001-474, s. 13; 2001-487, s. 21(b); 2002-126, s. 6.6(b); 2002-133, s. 5; 2002-172, s. 2.5; 2003-416, s. 2; 2003-425, ss. 2, 3; 2004-129, s. 35; 2004-199, s. 27(b); 2005-344, s. 8; 2006-66, s. 12.3(a); 2007-93, s. 1; 2007-323, ss. 19.1(c), 28.22A(o); 2007-345, s. 12; 2007-484, s. 17; 2008-134, s. 73(c); 2010-31, s. 13.5(b); 2011-145, ss. 7.31(b), 14.6(c); 2011-266, ss. 1.37(b), 1.38(c); 2011-391, s. 17; 2012-56, s. 47; 2013-360, ss. 14.2, 14.3(i), 15.10(c), 15.28(c); 2013-382, s. 9.1(c); 2015-9, s. 2.4; 2016-94, s. 7.14(d); 2019-60, s. 1(m); 2019-139, s. 2.1; 2021-90, s. 2(c); 2023-136, s. 1.1(b).)

§ 120-124.  Appointments made by legislators.

(a) In any case where a legislator is called upon by law to appoint a member to a board or commission upon the recommendation of or in consultation with a third party, the recommendation or consultation is discretionary and is not binding upon the legislator. The third party must submit the recommendation or consultation at least 60 days prior to the expiration of the term or within 10 business days from the occurrence of a vacancy.

(b) In any case where a legislator is called upon by law to appoint a member to a board or commission from nominees provided by a third party, the third party must submit the nominees at least 60 days prior to the expiration of the term or within 10 business days from the occurrence of a vacancy. This subsection does not apply to nominations made under G.S. 120-99(a) or G.S. 120-100(b).

(c) Failure to submit the recommendation, consultation, or nomination within the time periods required under this section shall be deemed a waiver by the third party of the opportunity. (2015-286, s. 1.3(b).)

Article 17.

Confidentiality of Legislative Communications.

§ 120-129.  Definitions.

As used in this Article:

(1) Document. - All records, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, communications, or other documentary material regardless of physical form or characteristics made or received in the transaction of legislative business.

(1a) Legislative commission. - Any commission or committee which the Legislative Services Commission is directed or authorized to staff by law or resolution and which it does, in fact, staff.

(2) Legislative employee. - Employees and officers of the General Assembly, consultants and counsel to members and committees of either house of the General Assembly or of legislative commissions who are paid by State funds, students at an accredited law school while in an externship program at the General Assembly approved by the Legislative Services Commission, and employees of the School of Government at the University of North Carolina at Chapel Hill. The term does not include legislators and members of the Council of State.

(3) Legislator. - Any of the following with respect to the North Carolina Senate or House of Representatives:

a. A member-elect.

b. A member-designate.

c. A member. (1983, c. 900, s. 1; 1983 (Reg. Sess., 1984), c. 1038, ss. 1-3; 2006-264, s. 29(i); 2009-129, s. 1; 2010-96, s. 20; 2010-169, s. 24(a); 2023-134, s. 27.7(a).)

§ 120-130.  Drafting and information requests to legislative employees.

(a) A drafting request made to a legislative employee from a legislator is confidential. Neither the identity of the legislator making the request nor, except to the extent necessary to answer the request, the existence of the request may be revealed to any person who is not a legislative employee without the consent of the legislator.

(b) An information request made to a legislative employee from a legislator is confidential. Neither the identity of the legislator making the request nor, except to the extent necessary to answer the request, the existence of the request may be revealed to any person who is not a legislative employee without the consent of the legislator. Notwithstanding the preceding sentences of this subsection, the periodic publication by the Fiscal Research Division of the Legislative Services Office of a list of information requests is not prohibited, if the identity of the legislator making the request is not revealed.

(c) Any supporting documents submitted or caused to be submitted to a legislative employee by a legislator in connection with a drafting or information request are confidential. Except to the extent necessary to answer the request, neither the document nor copies of it, nor the identity of the person, firm, or association producing it, may be provided to any person who is not a legislative employee without the consent of the legislator.

(d) Drafting or information requests or supporting documents are not "public records" as defined by G.S. 132-1. (1983, c. 900, s. 1.)

§ 120-131.  Documents produced by legislative employees.

(a) Documents prepared by legislative employees upon the request of legislators are confidential. Except as provided in subsection (b) of this section, the existence of the document may not be revealed nor may a copy of the document be provided to any person who is not a legislative employee without the consent of the legislator.

(b) A document prepared by a legislative employee upon the request of a legislator becomes available to the public when the document is one of the following:

(1) A bill or resolution once introduced.

(2) A proposed amendment or committee substitute for a bill or resolution once offered at a committee meeting or on the floor of a house.

(3) A proposed conference committee report once offered at a joint meeting of the conference committees.

(4) A bill, resolution, memorandum, written analysis, letter, or other document resulting from a drafting or information request once distributed at a legislative commission or standing committee or subcommittee meeting not held in executive session, closed session, or on the floor of a house.

(5) A letter or other written communication appointing an individual to serve on a board, commission, or other position in accordance with this Chapter.

(b1) A document prepared by a legislative employee upon the request of any legislator, that pursuant to this Article does not become available to the public, is not a "public record," as defined by G.S. 132-1.

(c) This section does not prohibit the dissemination of information or language contained in any document which has been prepared by a legislative employee in response to a substantially similar request from another legislator, provided that the identity of the requesting legislator and the fact that he or she had made such a request is not divulged.

(d) Administrative documents prepared by legislative employees shall become available to the public, and subject to retention schedules thereof, in accordance with policies adopted by the Legislative Services Commission. (1983, c. 900, s. 1; 1983 (Reg. Sess., 1984), c. 1038, s. 4; 1993 (Reg. Sess., 1994), c. 570, s. 9; 2023-134, s. 27.7(b).)

§ 120-131.1.  Requests from legislative employees for assistance in the preparation of fiscal notes and evaluation reports.

(a) A request, including any accompanying documents, made to an agency employee by a legislative employee of the Fiscal Research Division for assistance in the preparation of a fiscal note is confidential. An agency employee who receives such a request or who learns of such a request made to another agency employee of his or her agency shall reveal the existence of the request only to other agency employees of the agency to the extent that it is necessary to respond to the request, and to the agency employee's supervisor and to the Office of State Budget and Management. All documents prepared by the agency employee in response to the request of the Fiscal Research Division are also confidential and shall be kept confidential in the same manner as the original request, except that documents submitted to the Fiscal Research Division in response to the request cease to be confidential under this section when the Fiscal Research Division releases a fiscal note based on the documents.

(a1) Repealed by Session Laws 2021-180, s. 27.2(a), effective July 1, 2021.

(b) As used in this section, "agency employee" means an employee or officer of every agency of North Carolina government or its subdivisions, including every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority, or other unit of government of the State or of any county, unit, special district, or other political subdivision of government.

(c) Violation of this section may be grounds for disciplinary action. (1995, c. 324, s. 8.1(a); c. 507, s. 8.2; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2008-196, s. 1(b); 2021-180, s. 27.2(a).)

§ 120-132.  Testimony by legislative employees.

(a) Except as provided in subsections (b) and (c) of this section, no present or former legislative employee may disclose any information that the individual, while employed or retained by the State, may have acquired:

(1) In a standing, select, or conference committee or subcommittee of either house of the General Assembly or a legislative commission;

(2) On the floor of either house of the General Assembly, in any office of a legislator, or at any other location of the State legislative buildings and grounds as defined in G.S. 120-32.1(d);

(3) As a result of communications that are confidential under G.S. 120-130 and G.S. 120-131.

(b) A present or former legislative employee may disclose information acquired under subsection (a) of this section that would be reflected in the official public record or was otherwise publicly disseminated.

(c) In accordance with this Article, the common law of legislative privilege, and the common law of legislative immunity, a legislative employee or former legislative employee may disclose information acquired under this Article if the legislator or former legislator consents. (1983, c. 900, s. 1; 1983 (Reg. Sess., 1984), c. 1038, s. 5; 2010-169, s. 24(b); 2023-134, s. 27.7(c).)

§ 120-133.  Repealed by Session Laws 2023-134, s. 27.7(d), effective October 3, 2023.

§ 120-134.  Penalty.

Violation of any provision of this Article shall be grounds for disciplinary action in the case of employees, for referral to the academic institution for appropriate discipline in the case of law student externs, and for removal from office in the case of public officers. No criminal penalty shall attach for any violation of this Article. (1983, c. 900, s. 1; 1983 (Reg. Sess., 1984), c. 1038, s. 6; 2009-129, s. 2.)

§ 120-135.  Legislator is custodian of documents.

(a) Each legislator, while in office and after leaving office, shall be the custodian of all documents, supporting documents, drafting requests, and information requests made or received by that legislator while a legislator.

(b) A legislator, while in office or after leaving office, shall not be required to reveal or to consent to reveal any document, supporting document, drafting request, or information request made or received by that legislator while a legislator. (2023-134, s. 27.7(e).)

§ 120-136.  Reserved for future codification purposes.

§ 120-137.  Legislative privilege.

Nothing in this Chapter nor in Chapter 132 of the General Statutes shall be construed as a waiver of the common law of legislative privilege or legislative immunity by a legislator or former legislator. A legislator or former legislator may assert the common law of legislative privilege or the common law of legislative immunity in all instances. (2023-134, s. 27.7(e).)

§ 120-138.  Reserved for future codification purposes.

§ 120-139.  Reserved for future codification purposes.

Article 18.

Review of Proposals to License New Occupations and Professions.

§§ 120-140 through 120-149:  Expired.

Article 18A.

Review of Proposals to License New Occupations and Professions.

§ 120-149.1: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-149.2: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-149.3: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-149.4: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-149.5: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-149.6: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

Article 19.

Agriculture and Forestry Awareness Study Commission.

§ 120-150.  Creation; appointment of members.

(a) There is created an Agriculture and Forestry Awareness Study Commission. Members of the Commission shall be citizens of North Carolina who are interested in the vitality of the agriculture and forestry sectors of the State's economy. Members shall be as follows:

(1) Three appointed by the Governor.

(2) Three appointed by the President Pro Tempore of the Senate.

(3) Three appointed by the Speaker of the House.

(4) The chairs of the House Agriculture Committee.

(5) The chairs of the Senate Committee on Agriculture, Environment, and Natural Resources.

(6) The Commissioner of Agriculture or the Commissioner's designee.

(7) A member of the Board of Agriculture designated by the chair of the Board of Agriculture.

(8) The President of the North Carolina Farm Bureau Federation, Inc., or the President's designee.

(9) The President of the North Carolina State Grange or the President's designee.

(10) The Secretary of Environmental Quality or the Secretary's designee.

(11) The President of the North Carolina Forestry Association, Inc., or the President's designee.

(b) Members shall be appointed for two-year terms beginning October 1 of each odd-numbered year. The Chairs of the House Agriculture Committee and the Chairs of the Senate Committee on Agriculture, Environment, and Natural Resources shall serve as cochairs. The President Pro Tempore of the Senate and the Speaker of the House of Representatives may each appoint an additional member of the Senate and House, respectively, to serve as cochair. If appointed, these cochairs shall be voting members of the Commission. A quorum of the Commission is nine members.

(c) Cochairs' terms on the Commission are for two years and begin on the convening of the General Assembly in each odd-numbered year. Except as otherwise provided in this subsection, a cochair of the Commission shall continue to serve for so long as the cochair remains a member of the General Assembly and no successor has been appointed. A cochair of the Commission who does not seek reelection or is not reelected to the General Assembly may complete a term of service on the Commission until the day on which a new General Assembly convenes. A member of the Commission who resigns or is removed from service in the General Assembly shall be deemed to have resigned or been removed from service on the Commission. (1985, c. 792, s. 20.1; 1989, c. 727, s. 218(81); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1991 (Reg. Sess., 1992), c. 785, s. 1; 1993, c. 23, s. 1; 1995, c. 490, s. 5; 1997-443, s. 11A.119(a); 2001-474, s. 14; 2010-142, s. 9; 2014-103, s. 6; 2015-241, s. 14.30(v); 2018-113, s. 7; 2020-18, s. 4.)

§ 120-151.  Advisory Committee.

Upon proper motion and by a vote of a majority of the members present, the Commission may appoint an Advisory Committee. Members of the Advisory Committee should be from the various organizations, commodity groups, associations, and councils representing agriculture and forestry. The purpose of the Advisory Committee shall be to render technical advice and assistance to the Commission. The Advisory Committee shall consist of no more than 20 members plus a chairman who shall be appointed by the cochairmen of the Commission. (1985, c. 792, s. 20.1; 1991 (Reg. Sess., 1992), c. 785, s. 2.)

§ 120-152.  Subsistence and travel expenses.

The members of the Commission who are members of the General Assembly shall receive subsistence and travel allowances at the rate set forth in G.S. 120-3.1. Members who are officials or employees of the State of North Carolina shall receive subsistence and travel allowances at the rate set forth in G.S. 138-6. All other members plus the Chairman of the Advisory Committee shall be paid the per diem allowances at the rates set forth in G.S. 138-5. Other members of the Advisory Committee shall serve on a voluntary basis and not receive subsistence and travel expenses. (1985, c. 792, s. 20.1.)

§ 120-153.  Facilities and staff.

The Commission may hold its meetings in the State Legislative Building with the approval of the Legislative Services Commission. The Legislative Services Commission shall provide necessary professional and clerical assistance to the Commission. (1985, c. 792, s. 20.1.)

§ 120-154.  Duties.

The Commission shall bring to the attention of the General Assembly the influence of agriculture and forestry on the economy of the State, develop alternatives for increasing the public awareness of agriculture and forestry, study the present status of agriculture and forestry, identify problems limiting future growth and development of the industry, develop an awareness of the importance of science and technological development to the future of agriculture and forestry industries, and formulate plans for new State initiatives and support for agriculture and forestry and for the expansion of opportunities in these sectors.

In conducting its study the Commission may hold public hearings and meetings across the State.

The Commission shall report to the General Assembly at least one month prior to the first regular session of each General Assembly. (1985, c. 792, s. 20.1; 1991 (Reg. Sess., 1992), c. 785, s. 3.)

§ 120-155.  Reserved for future codification purposes.

§ 120-156.  Reserved for future codification purposes.

§ 120-157.  Reserved for future codification purposes.

Article 20.

Joint Legislative Committee on Local Government.

Part 1. Organization.

§ 120-157.1.  Committee established.

(a) The Joint Legislative Committee on Local Government is established. The Committee shall consist of 14 members, appointed as follows:

(1) Seven members of the Senate appointed by the President Pro Tempore of the Senate, at least two of whom shall be members of the minority party. At least one member shall be a former city or county commissioner, city or county manager, or other city or county elected official.

(2) Seven members of the House of Representatives appointed by the Speaker of the House of Representatives, at least two of whom shall be members of the minority party. At least one member shall be a former city or county commissioner, city or county manager, or other city or county elected official.

(b) Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd-numbered year. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

(c) A member continues to serve until a successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. (2011-291, s. 1.8(a).)

§ 120-157.2.  Purpose and powers of Committee.

(a) The Joint Legislative Committee on Local Government shall review and monitor local government capital projects that are required to go before the Local Government Commission and require debt to be issued over one million dollars ($1,000,000), with the exception of schools, jails, courthouses, and administrative buildings. Any project that fits these criteria must be reported to the Committee Chairs, Committee Assistant, and the Fiscal Research Division at least 45 days prior to presentation before the Local Government Commission.

(b) The Committee may make interim reports to the General Assembly on matters for which it may report to a regular session of the General Assembly. A report to the General Assembly shall include the purpose, scope, debt requirements, financing methods, and repayment plans of any local governmental capital project reviewed pursuant to subsection (a) of this section and may contain any legislation needed to implement a recommendation of the Committee. (2011-291, s. 1.8(a).)

§ 120-157.3.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Committee on Local Government. The Committee may meet on days when the members of the General Assembly are entitled to subsistence pursuant to G.S. 120-3.1 and may meet at other times upon the joint call of the cochairs.

(b) A quorum of the Committee is eight members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the power of a joint committee under G.S. 120-19 and G.S. 120-19.1 thorough G.S. 120-19.4.

(c) Members of the Committee may receive subsistence and travel expenses as provided in G.S. 120-3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee. (2011-291, s. 1.8(a).)

§ 120-157.4.  Additional powers.

The Joint Legislative Committee on Local Government, while in discharge of official duties, shall have access to any paper or document, and may compel the attendance of any State official or employee before the Committee or secure any evidence under G.S. 120-19. In addition, G.S. 120-19.1 through G.S. 120-19.4 shall apply to the proceedings of the Committee as if it were a joint committee of the General Assembly. (2011-291, s. 1.8(a).)

§ 120-158.  Creation of Municipal Incorporations Subcommittee.

(a) There is created the Municipal Incorporations Subcommittee of the Joint Legislative Committee on Local Government.

(b) The Subcommittee shall consist of six members, appointed as follows:

(1) Three Senators appointed by the President Pro Tempore of the Senate, at least one of whom shall be a former city or county commissioner, city or county manager, or other local elected official.

(2) Three House members appointed by the Speaker of the House of Representatives, at least one of whom shall be a former city or county commissioner, city or county manager, or other local elected official.

(3), (4) Repealed by Session Laws 2011-291, s. 1.8(a), effective June 24, 2011. (1985 (Reg. Sess., 1986), c. 1003, s. 1; 1991, c. 739, s. 17; 2011-291, s. 1.8(a).)

§ 120-159.  Terms; meetings.

(a) Members shall be appointed for terms ending June 30, 1987, and subsequently for two-year terms beginning July 1, 1987, and biennially thereafter. A member eligible when appointed may continue for the remainder of the term regardless of the member's continued eligibility for the category. The Municipal Incorporations Subcommittee shall elect a chair from its membership for a one-year term.

(b) The Subcommittee may meet on days when the members of the General Assembly are entitled to subsistence pursuant to G.S. 120-3.1 and may meet at other times upon the joint call of the cochairs. (1985 (Reg. Sess., 1986), c. 1003, s. 1; 2011-291, s. 1.8(a).)

§ 120-160: Repealed by Session Laws 2011-291, s. 1.8(a), effective June 24, 2011.

§ 120-161: Repealed by Session Laws 2011-291, s. 1.8(a), effective June 24, 2011.

§ 120-162.  Reserved for future codification purposes.

Part 2. Procedure for Incorporation Review.

§ 120-163.  Petition.

(a) The process of seeking the recommendation of the Municipal Incorporations Subcommittee is commenced by filing with the Municipal Incorporations Subcommittee a petition signed by fifteen percent (15%) of the registered voters of the area proposed to be incorporated, but by not less than 25 registered voters of that area, asking for incorporation. The voter shall sign the petition and also clearly print that voter's name adjacent to the signature. The petition must also contain the voter's residence address and date of birth.

(b) The petition must be verified by the county board of elections of the county where the voter is alleged to be registered. The board of elections shall cause to be examined the signature, shall place a check mark beside the name of each signer who is qualified and registered to vote in that county in the area proposed to be incorporated, and shall attach to the petition a certificate stating the number of voters registered in that county in the area proposed to be incorporated, and the total number of registered voters who have been verified. The county board of elections shall return the petition to the person who presented it within 15 working days of receipt. That period of 15 working days shall be tolled for any period of time that is also either two weeks before or one week after a primary or election being conducted by the county board of elections.

(c) The petition must include a proposed name for the city, a map of the city, a list of proposed services to be provided by the proposed municipality, the names of three persons to serve as interim governing board, a proposed charter, a statement of the estimated population, assessed valuation, degree of development, population density, and recommendations as to the form of government and manner of election. The petition must contain a statement that the proposed municipality will have a budget ordinance with an ad valorem tax levy of at least five cents (5¢) on the one hundred dollar ($100.00) valuation upon all taxable property within its corporate limits. The petition must contain a statement that the proposed municipality will offer four of the following services no later than the first day of the third fiscal year following the effective date of the incorporation: (i) police protection; (ii) fire protection; (iii) solid waste collection or disposal; (iv) water distribution; (v) street maintenance; (vi) street construction or right-of-way acquisition; (vii) street lighting; and (viii) zoning. In order to qualify for providing police protection, the proposed municipality must propose either to provide police service or to have services provided by contract with a county or another municipality that proposes that the other government be compensated for providing supplemental protection. The petition must contain a statement from the Local Government Commission regarding the proposed municipality's prospects for financial viability and effective fiscal management. The proposed municipality may not contain any noncontiguous areas.

(d) The petitioners must present to the Municipal Incorporations Subcommittee the verified petition from the county board of elections.

(e) A petition must be submitted to the Municipal Incorporations Subcommittee at least 60 days prior to convening of the next regular session of the General Assembly in order for the Municipal Incorporations Subcommittee to make a recommendation to that session. (1985 (Reg. Sess., 1986), c. 1003, s. 1; 1999-458, s. 1; 2001-353, s. 6; 2011-291, s. 2.32; 2021-124, s. 2.)

§ 120-164.  Notification.

(a) Not later than five days before submitting the petition to the Municipal Incorporations Subcommittee, the petitioners shall notify:

(1) The board or boards of county commissioners of the county or counties where the proposed municipality is located;

(2) All cities within that county or counties; and

(3) All cities in any other county that are within five miles of the proposed municipality of the intent to present the petition to the Municipal Incorporations Subcommittee.

(b) The petitioners shall also publish, one per week for two consecutive weeks, with the second publication no later than seven days before submitting the petition to the Municipal Incorporations Subcommittee notice in a newspaper of general circulation in the area proposed to be incorporated of the intent to present the petition to the Municipal Incorporations Subcommittee. (1985 (Reg. Sess., 1986), c. 1003, s. 1; 2011-291, s. 2.33.)

§ 120-165.  Initial inquiry.

(a) The Municipal Incorporations Subcommittee shall, upon receipt of the petition, determine if the requirements of G.S. 120-163 and G.S. 120-164 have been met. If it determines that those requirements have not been met, it shall return the petition to the petitioners. The Municipal Incorporations Subcommittee shall also publish in the North Carolina Register notice that it has received the petition.

(b) If it determines that those requirements have been met, it shall conduct further inquiry as provided by this Part. (1985 (Reg. Sess., 1986), c. 1003, s. 1; 2011-291, s. 2.34.)

§ 120-166.  Additional criteria; nearness to another municipality.

(a) The Municipal Incorporations Subcommittee may not make a positive recommendation if the proposed municipality is located within one mile of a municipality of 5,000 to 9,999, within three miles of a municipality of 10,000 to 24,999, within four miles of a municipality of 25,000 to 49,999, or within five miles of a municipality of 50,000 or over, according to the most recent decennial federal census, or according to the most recent annual estimate of the Office of State Budget and Management if the municipality was incorporated since the return of that census. For purposes of this section, "municipality" means a city as defined by G.S. 160A-1(2) or a county that has exercised its authority under Article 24 of Chapter 153A of the General Statutes.

(b) Subsection (a) of this section does not apply in the case of proximity to a specific municipality if:

(1) The proposed municipality is entirely on an island that the nearby city is not on;

(2) The proposed municipality is separated by a major river or other natural barrier from the nearby city, such that provision of municipal services by the nearby city to the proposed municipality is infeasible or the cost is prohibitive, and the Municipal Incorporations Subcommittee shall adopt policies to implement this subdivision;

(3) The municipalities within the distances described in subsection (a) of this section by resolution express their approval of the incorporation; or

(4) An area of at least fifty percent (50%) of the proposed municipality has petitioned for annexation to the nearby city under G.S. 160A-31 within the previous 12 months before the incorporation petition is submitted to the Municipal Incorporations Subcommittee but the annexation petition was not approved. (1985 (Reg. Sess., 1986), c. 1003, s. 1; 1989 (Reg. Sess., 1990), c. 1024, s. 25; 1998-150, s. 2; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2005-35, s. 2; 2011-291, s. 2.35.)

§ 120-167.  Additional criteria; population.

The Commission may not make a positive recommendation unless the proposed municipality has a permanent population of at least 100 and a population density (either permanent or seasonal) of at least 250 persons per square mile. (1985 (Reg. Sess., 1986), c. 1003, s. 1; 1999-458, s. 2.)

§ 120-168.  Additional criteria; development.

The Municipal Incorporations Subcommittee may not make a positive recommendation unless forty percent (40%) of the area is developed for residential, commercial, industrial, institutional, or governmental uses, or is dedicated as open space under the provisions of a zoning ordinance, subdivision ordinance, conditional or special use permit, or recorded restrictive covenants. (1985 (Reg. Sess., 1986), c. 1003, s. 1; 1999-458, s. 3; 2011-291, s. 2.36.)

§ 120-169.  Additional criteria; area unincorporated.

The Municipal Incorporations Subcommittee may not make a positive recommendation if any of the proposed municipality is included within the boundary of another incorporated municipality, as defined by G.S. 153A-1(1), or if any of the proposed municipality is included within the boundary of a county that has exercised its authority under Article 24 of Chapter 153A of the General Statutes. (1985 (Reg. Sess., 1986), c. 1003, s. 1; 2005-35, s. 3; 2011-291, s. 2.37.)

§ 120-169.1.  Additional criteria; level of development, services; financial impact on other local governments.

(a) Repealed by Session Laws 1999-458, s. 4.

(b) Services. - The Municipal Incorporations Subcommittee may not make a positive recommendation unless the area to be incorporated submits a plan for providing a reasonable level of municipal services. This plan shall be based on the proposed services stated in the petition under G.S. 120-163(c).

(c) The Municipal Incorporations Subcommittee in its report shall indicate the impact on other municipalities and counties of diversion of already levied local taxes or State-shared revenues from existing local governments to support services in the proposed municipality. (1998-150, s. 3; 1999-458, s. 4; 2011-291, s. 2.38.)

§ 120-170.  Findings as to services.

The Commission may not make a positive recommendation unless it finds that the proposed municipality can provide at a reasonable tax rate the services requested by the petition, and finds that the proposed municipality can provide at a reasonable tax rate the types of services usually provided by similar municipalities. In making findings under this section, the Commission shall take into account municipal services already being provided. (1985 (Reg. Sess., 1986), c. 1003, s. 1.)

§ 120-171.  Procedures if findings made.

(a) If the Commission finds that it may not make a positive recommendation because of the provisions of G.S. 120-166 through G.S. 120-170, it shall make a negative recommendation to the General Assembly. The report to the General Assembly shall list the grounds on which a negative recommendation is made, along with specific findings. If a negative recommendation is made, the Commission shall notify the petitioners of the need for a legally sufficient description of the proposed municipality if the proposal is to be considered by the General Assembly. At the request of a majority of the members of the interim board named in the petition, the Commission may conduct a public hearing and forward any comments or findings made as a result of that hearing along with the negative recommendation.

(b) If the Commission determines that it will not be barred from making a positive recommendation by G.S. 120-166 through G.S. 120-170, it shall require that petitioners have a legally sufficient description of the proposed municipality prepared at their expense as a condition of a positive recommendation.

(c) If the Commission determines that it is not barred from making a positive recommendation, it shall make a positive recommendation to the General Assembly for incorporation.

(d) The report of the Commission on a petition shall be in a form determined by the Commission to be useful to the General Assembly. (1985 (Reg. Sess., 1986), c. 1003, s. 1.)

§ 120-172.  Referendum.

Based on information received at the public hearing, the Commission may recommend that any incorporation act passed by the General Assembly shall be submitted to a referendum, except if the petition contained the signatures of fifty percent (50%) of registered voters the Commission shall not recommend a referendum. (1985 (Reg. Sess., 1986), c. 1003, s. 1.)

§ 120-173.  Modification of petition.

With the agreement of the majority of the persons designated by the petition as an interim governing board, the Commission may submit to the General Assembly recommendations based on deletion of areas from the petition, as long as there are no noncontiguous areas. (1985 (Reg. Sess., 1986), c. 1003, s. 1.)

§ 120-174.  Deadline for recommendations.

If the petition is timely received under G.S. 120-163(e), the Commission shall make its recommendation to the General Assembly no later than 60 days after convening of the next regular session after submission of the petition. (1985 (Reg. Sess., 1986), c. 1003, s. 1.)

§§ 120-175 through 120-179.  Reserved for future codification purposes.

Article 21.

The North Carolina Study Commission on Aging.

§ 120-180: Repealed by Session Laws 2011-291, s. 1.6, effective June 24, 2011.

§ 120-181: Repealed by Session Laws 2011-291, s. 1.6, effective June 24, 2011.

§ 120-182: Repealed by Session Laws 2011-291, s. 1.6, effective June 24, 2011.

§ 120-183: Repealed by Session Laws 2011-291, s. 1.6, effective June 24, 2011.

§ 120-184: Repealed by Session Laws 2011-291, s. 1.6, effective June 24, 2011.

§ 120-185: Repealed by Session Laws 2011-291, s. 1.6, effective June 24, 2011.

§ 120-186: Repealed by Session Laws 2011-291, s. 1.6, effective June 24, 2011.

§ 120-186.1: Repealed by Session Laws 2011-291, s. 1.6, effective June 24, 2011.

§ 120-187: Repealed by Session Laws 2011-291, s. 1.6, effective June 24, 2011.

§ 120-188: Repealed by Session Laws 2011-291, s. 1.6, effective June 24, 2011.

§§ 120-189 through 120-194.  Reserved for future codification purposes.

Article 22.

The Public Health Study Commission.

§ 120-195: Repealed by Session Laws 2011-266, s. 1.16(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§ 120-196: Repealed by Session Laws 2011-266, s. 1.16(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§ 120-197: Repealed by Session Laws 2011-266, s. 1.16(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§ 120-198: Repealed by Session Laws 2011-266, s. 1.16(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§ 120-199: Repealed by Session Laws 2011-266, s. 1.16(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§ 120-200: Repealed by Session Laws 2011-266, s. 1.16(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§ 120-201: Repealed by Session Laws 2011-266, s. 1.16(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§ 120-202: Repealed by Session Laws 2011-266, s. 1.16(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§ 120-203: Repealed by Session Laws 2011-266, s. 1.16(a), effective July 1, 2011 and Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

Article 23.

The Legislative Study Commission on Mental Health, Developmental Disabilities, and Substance Abuse Services.

§§ 120-204 through 120-207: Repealed by Session Laws 2006-32, s. 2, effective June 29, 2006.

Article 23A.

Joint Legislative Oversight Committee on Health and Human Services.

§ 120-208.  Creation and membership of Joint Legislative Oversight Committee on Health and Human Services.

(a) The Joint Legislative Oversight Committee on Health and Human Services is established. The Committee consists of 22 members as follows:

(1) Eleven members of the Senate appointed by the President Pro Tempore of the Senate, at least three of whom are members of the minority party; and

(2) Eleven members of the House of Representatives appointed by the Speaker of the House of Representatives, at least three of whom are members of the minority party.

(b) Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd-numbered year. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

(c) A member continues to serve until a successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. (2011-291, s. 1.6(c).)

§ 120-208.1.  Purpose and powers of Committee.

(a) The Joint Legislative Oversight Committee on Health and Human Services shall examine, on a continuing basis, the systemwide issues affecting the development, budgeting, financing, administration, and delivery of health and human services, including issues relating to the governance, accountability, and quality of health and human services delivered to individuals and families in this State. The Committee shall make ongoing recommendations to the General Assembly on ways to improve the quality and delivery of services and to maintain a high level of effectiveness and efficiency in system administration at the State and local levels. In conducting its examination, the Committee shall do all of the following:

(1) Study the budgets, programs, and policies of each Division within the Department of Health and Human Services, to determine ways in which the General Assembly may encourage improvement in the budgeting and delivery of health and human services provided to North Carolinians;

(2) Examine, in particular, issues relating to services provided by the following Divisions within the Department of Health and Human Services:

a. Aging and Adult Services.

b. Repealed by Session Laws 2015-245, s. 16, effective September 23, 2015.

c. Mental Health, Developmental Disabilities, and Substance Abuse Services.

d. Public Health.

e. Social Services;

(3) Study other states' health and human services initiatives, in order to provide an ongoing commentary to the General Assembly on these initiatives and to make recommendations for implementing similar initiatives in North Carolina; and

(4) Study any other health and human services matters that the Committee considers necessary to fulfill its mandate.

(b) The Committee may make interim reports to the General Assembly on matters for which it may report to a regular session of the General Assembly. A report to the General Assembly may contain any legislation needed to implement a recommendation of the Committee. (2011-291, s. 1.6(c); 2015-245, s. 16.)

§ 120-208.2.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Oversight Committee on Health and Human Services. The Committee shall meet at least once per quarter, except while the General Assembly is in regular session, and may meet at other times upon the joint call of the cochairs.

(b) A quorum of the Committee is 10 members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.

(c) Members of the Committee receive subsistence and travel expenses as provided in G.S. 120-3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee.

(d) The Committee cochairs may establish subcommittees for the purpose of examining issues relating to services provided by particular Divisions within the Department of Health and Human Services. (2011-291, s. 1.6(c).)

§ 120-208.3.  Additional powers.

The Joint Legislative Oversight Committee on Health and Human Services, while in discharge of official duties, shall have access to any paper or document, and may compel the attendance of any State official or employee before the Committee or secure any evidence under G.S. 120-19. In addition, G.S. 120-19.1 through G.S. 120-19.4 shall apply to the proceedings of the Committee as if it were a joint committee of the General Assembly. (2011-291, s. 1.6(c).)

§ 120-208.4.  Reports to the Committee.

(a) Whenever a Division within the Department of Health and Human Services is required by law to report to the General Assembly or to any of its permanent, study, or oversight committees or subcommittees on matters affecting that Division, the Department shall transmit a copy of the report to the cochairs of the Joint Legislative Oversight Committee on Health and Human Services.

(b) Beginning no later than November 1, 2012, and annually thereafter, the Department of Health and Human Services shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division on the use of lapsed salary funds by each Division within the Department. For each Division, the report shall include the following information about the preceding State fiscal year:

(1) The total amount of lapsed salary funds.

(2) The number of full-time equivalent positions comprising the lapsed salary funds.

(3) The Fund Code for each full-time equivalent position included in the number reported pursuant to subdivision (2) of this section.

(4) The purposes for which the Department expended lapsed salary funds.  (2011-291, s. 1.6(c); 2012-142, s. 10.20; 2013-360, s. 12A.11.)

Article 23B.

Joint Legislative Oversight Committee on Medicaid.

§ 120-209.  Creation and membership of Joint Legislative Oversight Committee on Medicaid.

(a) The Joint Legislative Oversight Committee on Medicaid is established. The Committee consists of 14 members as follows:

(1) Seven members of the Senate appointed by the President Pro Tempore of the Senate, at least two of whom are members of the minority party.

(2) Seven members of the House of Representatives appointed by the Speaker of the House of Representatives, at least two of whom are members of the minority party.

(b) Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd-numbered year, except that initial appointments begin on the date of appointment. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

(c) A member continues to serve until a successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. (2015-245, s. 15; 2022-74, s. 9D.15(aa).)

§ 120-209.1.  Purpose and powers of Committee.

(a) The Joint Legislative Oversight Committee on Medicaid shall examine budgeting, financing, administrative, and operational issues related to the Medicaid program administered by the Department of Health and Human Services.

(b) The Committee may make periodic reports, including recommendations, to a regular session of the General Assembly on issues related to Medicaid. (2015-245, s. 15; 2022-74, s. 9D.15(aa).)

§ 120-209.2.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Oversight Committee on Medicaid and. The Committee shall meet upon the joint call of the cochairs.

(b) A quorum of the Committee is eight members. No action may be taken except by a majority vote at a meeting at which a quorum is present.

(c) Members of the Committee receive subsistence and travel expenses, as provided in G.S. 120-3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Directors of Legislative Assistants of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee.

(d) The Committee cochairs may establish subcommittees for the purpose of examining issues relating to its Committee charge. (2015-245, s. 15; 2022-74, ss. 9D.15(z), 9D.15(bb).)

§ 120-209.3.  Additional powers.

The Joint Legislative Oversight Committee on Medicaid, while in discharge of official duties, shall have access to any paper or document and may compel the attendance of any State official or employee before the Committee or secure any evidence under G.S. 120-19. In addition, G.S. 120-19.1 through G.S. 120-19.4 shall apply to the proceedings of the Committee as if it were a joint committee of the General Assembly. (2015-245, s. 15; 2022-74, s. 9D.15(aa).)

§ 120-209.4.  Reports to Committee.

Whenever the Department of Health and Human Services, or any division within the Department, is required by law to report to the General Assembly or to any of its permanent, study, or oversight committees or subcommittees on matters relating to the Medicaid program, the Department shall transmit a copy of the report to the cochairs of the Joint Legislative Oversight Committee on Medicaid. (2015-245, s. 15; 2022-74, s. 9D.15(aa).)

§ 120-210: Reserved for future codification purposes.

§ 120-211: Reserved for future codification purposes.

§ 120-212: Reserved for future codification purposes.

§ 120-213: Reserved for future codification purposes.

§ 120-214: Reserved for future codification purposes.

Article 24.

The Legislative Study Commission on Children and Youth.

§ 120-215: Repealed by Session Laws 2011-291, s. 1.5(b), effective June 24, 2011.

§ 120-216: Repealed by Session Laws 2011-291, s. 1.5(b), effective June 24, 2011.

§ 120-217: Repealed by Session Laws 2011-291, s. 1.5(b), effective June 24, 2011.

§ 120-218: Repealed by Session Laws 2011-291, s. 1.5(b), effective June 24, 2011.

§ 120-219: Repealed by Session Laws 2011-291, s. 1.5(b), effective June 24, 2011.

§ 120-220: Repealed by Session Laws 2011-291, s. 1.5(b), effective June 24, 2011.

§ 120-221: Repealed by Session Laws 2011-291, s. 1.5(b), effective June 24, 2011.

§ 120-222: Reserved for future codification purposes.

§ 120-223: Reserved for future codification purposes.

§ 120-224: Reserved for future codification purposes.

Article 25.

Joint Legislative Public Assistance Commission.

§ 120-225: Repealed by Session Laws 2001-424, s. 21.13(a).

Article 25A.

Legislative Commission on Methamphetamine Abuse.

§ 120-226: Repealed by Session Laws 2021-90, s. 8(a), effective July 22, 2021.

§ 120-227.  Reserved for future codification purposes.

§ 120-228.  Reserved for future codification purposes.

§ 120-229.  Reserved for future codification purposes.

Article 26.

Joint Legislative Oversight Committee on Information Technology.

§ 120-230.  Creation and purpose of the Joint Legislative Oversight Committee on Information Technology.

There is established the Joint Legislative Oversight Committee on Information Technology. The Committee shall review current information technology that impacts public policy, including electronic data processing and telecommunications, software technology, and information processing. The goals and objectives of the Committee shall be to develop electronic commerce in the State and to coordinate the use of information technology by State agencies in a manner that assures that the citizens of the State receive quality services from all State agencies and that the needs of the citizens are met in an efficient and effective manner. The Committee shall examine, on a continuing basis, systemwide issues affecting State government information technology, including, but not limited to, State information technology operations, infrastructure, development, financing, administration, and service delivery. The Committee may examine State agency or enterprise-specific information technology issues. The Committee shall make ongoing recommendations to the General Assembly on ways to improve the effectiveness, efficiency, and quality of State government information technology. (1999-237, s. 22(a); 2004-129, s. 7A(b).)

§ 120-231.  Committee duties; reports.

(a) The Joint Legislative Oversight Committee on Information Technology may:

(1) Evaluate the current technological infrastructure of State government and information systems use and needs in State government and determine potential demands for additional information staff, equipment, software, data communications, and consulting services in State government during the next 10 years. The evaluation may include an assessment of ways technological infrastructure and information systems use may be leveraged to improve State efficiency and services to the citizens of the State, including an enterprise-wide infrastructure and data architecture.

(2) Evaluate information technology governance, policy, and management practices, including policies and practices related to personnel and acquisition issues, on both a statewide and project level.

(3) Study, evaluate, and recommend changes to the North Carolina General Statutes relating to electronic commerce.

(4) Study, evaluate, and recommend action regarding reports received by the Committee.

(5) Study, evaluate, and recommend any changes proposed for future development of the information highway system of the State.

(b) The Committee may consult with the State Chief Information Officer on statewide technology strategies and initiatives and review all legislative proposals and other recommendations of the State Chief Information Officer.

(c) The Committee shall submit annual reports to the General Assembly on or before the convening of the regular session of the General Assembly each year. The Committee may submit interim reports at any time it deems appropriate. (1999-237, s. 22(a); 2004-129, ss. 7A(c), 36; 2006-264, s. 10.)

§ 120-232.  Committee membership; terms; organization; vacancies.

(a) The Committee shall consist of 16 members as follows:

(1) Eight members of the Senate at the time of their appointment, appointed by the President Pro Tempore of the Senate. At least two appointees shall be members of the Senate Appropriations Committee.

(2) Eight members of the House of Representatives at the time of their appointment, appointed by the Speaker of the House of Representatives. At least two appointees shall be members of the House of Representatives Appropriations Committee.

(3), (4) Repealed by Session Laws 2004-129, s. 7A(d), effective July 1, 2004.

(b) Members of the Committee shall serve terms of two years beginning at the convening of the General Assembly in each odd-numbered year, with no prohibition against being reappointed, except initial appointments shall begin on appointment and end on the day of convening of the 2005 General Assembly.

(c) Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected, but resignation or removal from service constitutes resignation or removal from service on the Committee.

(d) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each select a legislative member from their appointees to serve as cochair of the Committee.

(e) The Committee shall meet at least once a quarter and may meet at other times upon the call of the cochairs. A majority of the members of the Committee shall constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present at meetings of the Committee shall be necessary for action to be taken by the Committee.

(f) All members shall serve at the will of their appointing officer. A member continues to serve until the member's successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. (1999-237, s. 22(a); 2001-486, s. 2.7; 2004-129, s. 7A(d).)

§ 120-233.  Assistance; per diem; subsistence; and travel allowances.

(a) The Committee may contract for consulting services as provided by G.S. 120-32.02. Upon approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional and clerical staff to assist in the work of the Committee. The professional staff shall include the appropriate staff from the Fiscal Research, Legislative Analysis, Legislative Drafting, and Information Systems Divisions of the Legislative Services Office of the General Assembly. Clerical staff shall be furnished to the Committee through the offices of the Senate and the House of Representatives Supervisors of Clerks. The expenses of employment of the clerical staff shall be borne by the Committee. The Committee may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission.

(b) Members of the Committee shall receive per diem, subsistence, and travel allowances as follows:

(1) Committee members who are members of the General Assembly, at the rate established in G.S. 120-3.1.

(2) Committee members who are officials or employees of the State or of local government agencies, at the rate established in G.S. 138-6.

(3) All other Committee members, at the rate established in G.S. 138-5. (1999-237, s. 22(a); 2018-142, s. 4(g).)

§ 120-234.  Committee authority.

The Committee may obtain information and data from all State officers, agents, agencies, and departments, while in discharge of its duties, under G.S. 120-19, as if it were a committee of the General Assembly. The provisions of G.S. 120-19.1 through G.S. 120-19.4 shall apply to the proceedings of the Committee as if it were a committee of the General Assembly. Any cost of providing information to the Committee not covered by G.S. 120-19.3 may be reimbursed by the Committee from funds appropriated to it for its continuing study. (1999-237, s. 22(a).)

§ 120-235.  Committee subcommittees; noncommittee membership.

The Committee cochairs may establish subcommittees for the purpose of making special studies pursuant to its duties, and may appoint noncommittee members to serve on each subcommittee as resource persons. Resource persons shall be voting members of the subcommittee and shall receive subsistence and travel expenses in accordance with G.S. 138-5 and G.S. 138-6. (1999-237, s. 22(a).)

§ 120-236: Repealed by Session Laws 2014-100, s. 7.12(c), effective July 1, 2014.

§ 120-237.  Reserved for future codification purposes.

§ 120-238.  Reserved for future codification purposes.

§ 120-239.  Reserved for future codification purposes.

Article 27.

The Joint Legislative Oversight Committee On Mental Health, Developmental Disabilities, and Substance Abuse Services.

§ 120-240: Repealed by Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§ 120-241: Repealed by Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§ 120-242: Repealed by Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§ 120-243: Repealed by Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

§ 120-244: Repealed by Session Laws 2011-291, s. 1.6(b), effective June 24, 2011.

Article 28.

Future of the North Carolina Railroad Study Commission.

§ 120-245: Repealed by Session Laws 2011-266, s. 1.22, effective July 1, 2011, and Session Laws 2011-291, s. 1.7(b), effective June 24, 2011.

§ 120-246: Repealed by Session Laws 2011-266, s. 1.22, effective July 1, 2011, and Session Laws 2011-291, s. 1.7(b), effective June 24, 2011.

§ 120-247: Repealed by Session Laws 2011-266, s. 1.22, effective July 1, 2011, and Session Laws 2011-291, s. 1.7(b), effective June 24, 2011.

§ 120-248: Repealed by Session Laws 2011-266, s. 1.22, effective July 1, 2011, and Session Laws 2011-291, s. 1.7(b), effective June 24, 2011.

§ 120-249: Repealed by Session Laws 2011-266, s. 1.22, effective July 1, 2011, and Session Laws 2011-291, s. 1.7(b), effective June 24, 2011.

§ 120-250: Repealed by Session Laws 2011-266, s. 1.22, effective July 1, 2011, and Session Laws 2011-291, s. 1.7(b), effective June 24, 2011.

§ 120-251: Repealed by Session Laws 2011-266, s. 1.22, effective July 1, 2011, and Session Laws 2011-291, s. 1.7(b), effective June 24, 2011.

§ 120-252: Repealed by Session Laws 2011-266, s. 1.22, effective July 1, 2011, and Session Laws 2011-291, s. 1.7(b), effective June 24, 2011.

§ 120-253: Repealed by Session Laws 2011-266, s. 1.22, effective July 1, 2011, and Session Laws 2011-291, s. 1.7(b), effective June 24, 2011.

§ 120-254: Repealed by Session Laws 2011-266, s. 1.22, effective July 1, 2011, and Session Laws 2011-291, s. 1.7(b), effective June 24, 2011.

§ 120-255: Repealed by Session Laws 2011-266, s. 1.22, effective July 1, 2011, and Session Laws 2011-291, s. 1.7(b), effective June 24, 2011.

§ 120-256.  Reserved for future codification purposes.

§ 120-257.  Reserved for future codification purposes.

Article 29.

Joint Legislative Oversight Committee on Capital Improvements.

§ 120-258: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-259: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-260: Repealed by Session Laws 2011-291, s. 1.2(b), effective June 24, 2011.

§ 120-261.  Creation and membership of Joint Legislative Oversight Committee on Capital Improvements.

The Joint Legislative Oversight Committee on Capital Improvements is established. The Committee consists of 16 members as follows:

(1) Eight members of the House of Representatives appointed by the Speaker of the House of Representatives, at least two of whom are members of the minority party.

(2) Eight members of the Senate appointed by the President Pro Tempore of the Senate, at least two of whom are members of the minority party.

Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd-numbered year, except the terms of the initial members, which begin on appointment and end on the day of the convening of the 2017 General Assembly. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

A member continues to serve until the member's successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. (2015-241, s. 31.16(a).)

§ 120-262.  Purpose and powers of the Committee.

(a) The Joint Legislative Oversight Committee on Capital Improvements shall have the power to do all of the following:

(1) Examine, on a continuing basis, capital improvements requested by, authorized for, and undertaken by or on behalf of State agencies.

(2) Have oversight over implementation of the six-year capital improvements plan developed pursuant to G.S. 143C-8-5.

(3) Make recommendations to the General Assembly on ways to improve the planning, financing, design, construction, and maintenance of State capital improvements.

(4) Make reports and recommendations to the General Assembly regarding which capital improvements requested by State agencies should be authorized and how they should be funded.

(5) Examine any other topic the Committee believes to be related to its purpose.

(b) As used in this section, the term "capital improvement" shall have the same meaning as in G.S. 143C-1-1. (2015-241, s. 31.16(a).)

§ 120-263.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Oversight Committee on Capital Improvements. The Committee shall meet upon the call of the cochairs.

(b) A quorum of the Committee is nine members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 through G.S. 120-19.4.

(c) Members of the Committee receive subsistence and travel expenses as provided in G.S. 120-3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee.

(d) The cochairs of the Committee may call upon other knowledgeable persons or experts to assist the Committee in its work. (2015-241, s. 31.16(a).)

§ 120-264. Reserved for future codification purposes.

Article 30.

Joint Legislative Committee on Domestic Violence.

§ 120-265: Repealed by Session Laws 2011-291, s. 1.4(b), effective June 24, 2011.

§ 120-266: Repealed by Session Laws 2011-291, s. 1.4(b), effective June 24, 2011.

§ 120-267: Repealed by Session Laws 2011-291, s. 1.4(b), effective June 24, 2011.

§ 120-268. Reserved for future codification purposes.

§ 120-269. Reserved for future codification purposes.

Article 31.

Miscellaneous.

§ 120-270.  Report by State agencies to the General Assembly on ways to reduce incidence of identity theft.

Agencies of the State shall evaluate the agency's efforts to reduce the dissemination of personal identifying information, as defined in G.S. 14-113.20(b). The evaluation shall include the review of public forms, the use of random personal identification numbers, restriction of access to personal identifying information, and reduction of use of personal identifying information when it is not necessary. Special attention shall be given to the use, collection, and dissemination of social security numbers. If the collection of a social security number is found to be unwarranted, the State agency shall immediately discontinue the collection of social security numbers for that purpose. Any agency that determines that an act of the General Assembly or other provision of law impedes the agency's ability to reduce the incidence of identity theft shall report such findings to the General Assembly by January 1 of the year following such a determination. (2005-414, s. 5; 2012-187, s. 10.2.)

§ 120-271.  Use of likenesses of any seal or coat of arms of the Senate.

(a) Whoever, except as directed by the Senate or the Principal Clerk of the Senate on its behalf, knowingly uses, manufactures, reproduces, sells, or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of any seal or coat of arms of the Senate, or any substantial part thereof, except for manufacture or sale of the article for the official use of the State of North Carolina, shall be guilty of a Class 2 misdemeanor.

(b) A violation of this section may be enjoined at the suit of the Attorney General. (2007-354, s. 1.)

§ 120-272: Reserved for future codification purposes.

§ 120-273: Reserved for future codification purposes.

§ 120-274: Reserved for future codification purposes.

Article 32.

Joint Legislative Commission on the Department of Transportation Disadvantaged Minority-Owned and Women-Owned Businesses Program.

§ 120-275: Expired June 30, 2015.

§ 120-276: Expired June 30, 2015.

§ 120-277: Expired June 30, 2015.

§ 120-278: Expired June 30, 2015.

§ 120-279: Expired June 30, 2015.

Article 33.

Joint Legislative Commission on Energy Policy.

§ 120-285.  Creation and membership of Joint Legislative Commission on Energy Policy.

(a) The Joint Legislative Commission on Energy Policy is established.

(b) The Commission shall consist of 10 members as follows:

(1) Five members of the Senate appointed by the President Pro Tempore of the Senate, at least one of whom is a member of the minority party.

(2) Five members of the House of Representatives appointed by the Speaker of the House of Representatives, at least one of whom is a member of the minority party.

(c) Terms on the Commission are for two years and begin on the convening of the General Assembly in each odd-numbered year. Members may complete a term of service on the Commission even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Commission. A member continues to serve until the member's successor is appointed. (2012-143, s. 6(a).)

§ 120-286.  Purpose and powers and duties of Commission.

(a) The Joint Legislative Commission on Energy Policy shall exercise legislative oversight over energy policy in the State. In the exercise of this oversight, the Commission may do any of the following:

(1) Monitor and evaluate the programs, policies, and actions of the Oil and Gas Commission established pursuant to G.S. 143B-293.1, the Energy Policy Council established pursuant to G.S. 113B-2, the Energy Division in the Department of Commerce, the Utilities Commission and Public Staff established pursuant to Chapter 62 of the General Statutes, and of any other board, commission, department, or agency of the State or local government with jurisdiction over energy policy in the State.

(2) Review and evaluate existing and proposed State statutes and rules affecting energy policy and determine whether any modification of these statutes or rules is in the public interest.

(3) Monitor changes in federal law and court decisions affecting energy policy.

(4) Monitor and evaluate energy-related industries in the State and study measures to promote these industries.

(5) Study any other matters related to energy policy that the Commission considers necessary to fulfill its mandate.

(b) The Commission may make reports and recommendations, including proposed legislation, to the General Assembly from time to time as to any matter relating to its oversight and the powers and duties set out in this section. (2012-143, s. 6(a); 2014-4, s. 4(c).)

§ 120-287.  Organization of Commission.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Commission on Energy Policy. The Commission may meet at any time upon the call of either cochair, whether or not the General Assembly is in session.

(b) A quorum of the Commission is six members.

(c) While in the discharge of its official duties, the Commission has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4. The Commission may contract for consultants or hire employees in accordance with G.S. 120-32.02.

(d) From funds available to the General Assembly, the Legislative Services Commission shall allocate monies to fund the Joint Legislative Commission on Energy Policy. Members of the Commission receive subsistence and travel expenses as provided in G.S. 120-3.1. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Commission in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Commission. The expenses for clerical employees shall be borne by the Commission. (2012-143, s. 6(a).)

§ 120-288: Reserved for future codification purposes.

§ 120-289: Reserved for future codification purposes.

§ 120-290: Reserved for future codification purposes.

§ 120-291: Reserved for future codification purposes.

§ 120-292: Reserved for future codification purposes.

§ 120-293: Reserved for future codification purposes.

§ 120-294: Reserved for future codification purposes.

Article 34.

Joint Legislative Oversight Committee on the North Carolina State Lottery.

§ 120-295.  Creation and membership of the Joint Legislative Oversight Committee on the North Carolina State Lottery.

(a) The Joint Legislative Oversight Committee on the North Carolina State Lottery is established. The Committee consists of 14 members as follows:

(1) Seven members of the Senate appointed by the President Pro Tempore of the Senate, at least one of whom is a member of the minority party; and

(2) Seven members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom is a member of the minority party.

(b) Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd-numbered year. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

(c) A member continues to serve until a successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. (2014-100, s. 5.2(h).)

§ 120-296.  Purpose and powers of Committee.

The Joint Legislative Oversight Committee on the North Carolina State Lottery shall examine, on a continuing basis, the operations of the North Carolina State Lottery. The Committee shall make ongoing recommendations to the General Assembly on ways to improve the operations and success of the lottery. The Committee shall do all of the following in conducting its examination of the North Carolina State Lottery:

(1) Examine the administration, budgeting, and policies of the lottery.

(2) Assess the lottery's efficiency and effectiveness.

(3) Review other state lottery policies and procedures to identify improvements and options for maximizing the transfer of lottery funds to the Education Lottery Fund.

(4) Study any other matters that the Committee considers necessary to fulfill its mandate. (2014-100, s. 5.2(h).)

§ 120-297.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Oversight Committee on the North Carolina State Lottery. The Committee shall meet upon the joint call of the cochairs.

(b) A quorum of the Committee is five members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.

(c) Members of the Committee shall receive subsistence and travel expenses as provided in G.S. 120-3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Directors of Legislative Assistants of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee. (2014-100, s. 5.2(h).)

§ 120-298.  Reports to Committee.

Whenever the North Carolina State Lottery is required by law to report to the General Assembly or to any of its permanent committees or subcommittees on matters affecting the lottery, it shall transmit a copy of the report to the cochairs of the Joint Legislative Oversight Committee on the North Carolina State Lottery. (2014-100, s. 5.2(h).)

Article 35.

Joint Legislative Oversight Committee on General Government.

§ 120-305.  Creation and membership of Joint Legislative Oversight Committee on General Government.

(a) The Joint Legislative Oversight Committee on General Government is established. The Committee consists of 12 members as follows:

(1) Six members of the Senate appointed by the President Pro Tempore of the Senate. At least three of the members shall be members of the Senate appropriations committee that has jurisdiction over the agencies set out in G.S. 120-306(a)(1).

(2) Six members of the House of Representatives appointed by the Speaker of the House of Representatives. At least three of the members shall be members of the House of Representatives appropriations subcommittee that has jurisdiction over the agencies set out in G.S. 120-306(a)(1).

(b) Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd-numbered year. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

(c) A member continues to serve until a successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. (2014-100, s. 22.1.)

§ 120-306.  Purpose and powers of Committee.

(a) The Joint Legislative Oversight Committee on General Government shall examine on a continuing basis the services provided by the departments and agencies set out in this subsection in order to make ongoing recommendations to the General Assembly on ways to improve the effectiveness, efficiency, and quality of State government services. The Committee has the following powers and duties:

(1) Study the programs, organization, operations, and policies of the following agencies:

a. Department of Administration.

b. Department of State Auditor.

c. Repealed by Session Laws 2015-241, s. 14.30(tt), effective July 1, 2015.

d. Governor's Office.

e. Housing Finance Agency.

f. Department of Insurance.

g. Lieutenant Governor's Office.

h. Office of Administrative Hearings.

i. Office of State Human Resources.

j. Department of Revenue.

k. Department of Secretary of State.

l. State Board of Elections.

m. Office of State Budget and Management.

n. Office of State Controller.

o. State Ethics Commission.

p. Department of State Treasurer.

q. General Assembly.

r. Any other agency under the jurisdiction of the Senate and House of Representatives appropriations subcommittees on general government.

(2) Review compliance of budget actions directed by the General Assembly.

(3) Monitor expenditures, deviations, and changes made by the agencies set out in subdivision (a)(1) of this section to the certified budget.

(4) Review policy changes as directed by law.

(5) Receive presentations of reports from agencies directed in the law, including audits, studies, and other reports.

(6) Review any issues that arise during the interim period between sessions of the General Assembly and provide a venue for any of these issues to be heard in a public setting.

(7) Monitor the quality of services provided by general government agencies to other agencies and the public.

(8) Identify opportunities for general government agencies to coordinate and collaborate to eliminate duplicative functions.

(9) Have presentations and reports on any other matters that the Committee considers necessary to fulfill its mandate.

(b) The Committee may make reports to the General Assembly. A report to the General Assembly may contain legislation needed to implement a recommendation of the Committee. (2014-100, s. 22.1; 2015-241, s. 14.30(tt); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

§ 120-307.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Oversight Committee on General Government. The Committee shall meet upon the joint call of the cochairs.

(b) A quorum of the Committee is five members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.

(c) Members of the Committee shall receive subsistence and travel expenses as provided in G.S. 120-3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Directors of Legislative Assistants of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee.

(d) The Committee cochairs may establish subcommittees for the purpose of examining issues relating to services provided by particular divisions within the State's general government departments. (2014-100, s. 22.1.)

§ 120-308.  Reports to Committee.

Whenever a department, office, or agency set out in subdivision (a)(1) of G.S. 120-306 is required by law to report to the General Assembly or to any of its permanent committees or subcommittees on matters affecting the services the department or agency provides, the department or agency shall transmit a copy of the report to the members of the Joint Legislative Oversight Committee on General Government and the Fiscal Research Division. (2014-100, s. 22.1; 2022-74, s. 27.1.)

Article 36.

Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources.

§ 120-310.  Creation and membership of Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources.

(a) The Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources is established. The Committee consists of 12 members as follows:

(1) Six members of the Senate appointed by the President Pro Tempore of the Senate. At least three of the members shall be members of the Senate appropriations committee that has jurisdiction over the agencies set out in G.S. 120-311(a)(1).

(2) Six members of the House of Representatives appointed by the Speaker of the House of Representatives. At least three of the members shall be members of the House of Representatives appropriations committee that has jurisdiction over the agencies set out in G.S. 120-311(a)(1).

(b) Terms on the Committee are for two years and begin on the convening of the General Assembly in each odd-numbered year. Members may complete a term of service on the Committee even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assembly constitutes resignation or removal from service on the Committee.

(c) A member continues to serve until a successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. (2015-241, s. 15.24.)

§ 120-311.  Purpose and powers of Committee.

(a) The Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources shall examine on a continuing basis the services provided by the departments and agencies set out in this subsection in order to make ongoing recommendations to the General Assembly on ways to improve the effectiveness, efficiency, and quality of State government services. The Committee has the following powers and duties:

(1) Study the programs, organization, operations, and policies of the following agencies:

a. Department of Agriculture and Consumer Services.

b. Department of Environmental Quality.

c. Department of Natural and Cultural Resources.

d. Wildlife Resources Commission.

e. Department of Labor.

f. Department of Commerce.

g. Any other agency under the jurisdiction of the Senate and House of Representatives appropriations committees on agriculture, natural, or economic resources.

(2) Review compliance of budget actions directed by the General Assembly.

(3) Monitor expenditures, deviations, and changes made by the agencies set out in subdivision (1) of this subsection to the certified budget.

(4) Review policy changes as directed by law.

(5) Receive presentations of reports from agencies directed in the law, including audits, studies, and other reports.

(6) Review any issues that arise during the interim period between sessions of the General Assembly and provide a venue for any of these issues to be heard in a public setting.

(7) Monitor the quality of services provided by cultural, natural, and economic resources agencies to other agencies and the public.

(8) Identify opportunities for cultural, natural, and economic resources agencies to coordinate and collaborate to eliminate duplicative functions.

(9) Have presentations and reports on any other matters that the Committee considers necessary to fulfill its mandate.

(b) The Committee may make reports to the General Assembly. A report to the General Assembly may contain legislation needed to implement a recommendation of the Committee. (2015-241, s. 15.24.)

§ 120-312.  Organization of Committee.

(a) The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources. The Committee shall meet upon the joint call of the cochairs.

(b) A quorum of the Committee is five members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.

(c) Members of the Committee shall receive subsistence and travel expenses as provided in G.S. 120-3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Directors of Legislative Assistants of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee.

(d) The Committee cochairs may establish subcommittees for the purpose of examining issues relating to services provided by particular divisions within the State's cultural, natural, and economic resources departments. (2015-241, s. 15.24.)

§ 120-313.  Reports to Committee.

Whenever a department, office, or agency set out in G.S. 120-311(a)(1) is required by law to report to the General Assembly or to any of its permanent committees or subcommittees on matters affecting the services the department or agency provides, the department or agency shall transmit a copy of the report to the cochairs of the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources. (2015-241, s. 15.24.)