GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 723
     

 
Short Title:	Appointed Member's Statement of Economic Int.	()	
Sponsors:	Representatives Pope;  Barefoot, Hall, Weiss, and West.	
Referred to:	Rules, Calendar, and Operations of the House.	
March 22, 2001

A BILL TO BE ENTITLED
AN ACT to require all members of the general assembly to file statements of economic interest.

The General Assembly of North Carolina enacts:
SECTION 1. G.S. 120‑89 reads as rewritten:
"§ 120‑89.  Statement of economic interest by legislative candidates; filing required.
(a)	Every person who files as a candidate for nomination or election to a seat in either house of the General Assembly shall file a statement of economic interest as specified in this Article within 10 days of the filing deadline for the office he seeks. 
(b)	The statement of economic interest shall be filed at the same place, and in the 
same manner, as the notice of candidacy which a candidate seeking party nomination for the office of State Senator or member of the State House of Representatives is required to file under the provisions of G.S. 163‑106."
SECTION 2.  G.S. 120‑90 is repealed.
SECTION 3.  G.S. 120‑92 reads as rewritten:
"§ 120‑92.  Filing by candidates not nominated in primary elections.
A person who is nominated pursuant to the provisions of G.S. 163‑114 after the primary and before the general election, and a person who qualifies pursuant to the provisions of G.S. 163‑122 as an independent candidate in a general election shall file with the county board of elections of each county in the senatorial or representative district a statement of economic interest as specified in this Article.  A person nominated pursuant to G.S. 163‑114 shall file the statement within three days following his nomination, or not later than the day preceding the general election, whichever occurs first. A person seeking to qualify as an independent candidate under G.S. 163‑122 shall file the statement of economic interest with the petition filed pursuant to that section.  A person who is nominated by party convention of a new political party in accordance with G.S. 163-98 shall file a statement of economic interest as specified in this Article with the county board of elections of each county in the senatorial or representative district within 10 days of the certification with the State Board of Elections of the new party's candidates required by G.S. 163-98."
SECTION 4.  Part 2 of Article 14 of Chapter 120 of the General Statutes is amended by adding a new section to read:
"§ 120-92.1.  Statement of economic interest by persons appointed to legislative seats; filing required.
Every person appointed to fill a vacant seat in the General Assembly pursuant to G.S. 163-11 shall file a statement of economic interest as specified in this Article with the Legislative Services Office and the county board of elections of each county in the senatorial or representative district no later than 10 days after taking the oath of office."
SECTION 5.  G.S. 120‑96 reads as rewritten:
"§ 120‑96.  Contents of statement.
(a)	Any statement of economic interest filed under this Article shall be on a form prescribed by the Committee, and the person filing the statement shall supply the following information:
(1)	The identity, by name, of any business with which he, or any member of his immediate household, is associated;
(2)	The character and location of all real estate of a fair market value in excess of five thousand dollars ($5,000), other than his personal residence (curtilage), in the State in which he, or a member of his immediate household, has any beneficial interest, including an option to buy and a lease for 10 years or over;
(3)	The type of each creditor to whom he, or a member of his immediate household, owes money, except indebtedness secured by lien upon his personal residence only, in excess of five thousand dollars ($5,000);
(4)	The name of each "vested trust" in which he or a member of his immediate household has a financial interest in excess of five thousand dollars ($5,000) and the nature of such interest;
(5)	The name and nature of his and his immediate household member's respective business or profession or employer and the types of customers and types of clientele served;
(6)	A list of businesses with which he is associated that do business with the State, and a brief description of the nature of such business; and
(7)	In the case of professional persons and associations, a list of classifications of business clients which classes were charged or paid two thousand five hundred dollars ($2,500) or more during the previous calendar year for professional services rendered by him, his firm or partnership. This list need not include the name of the client but shall list the type of the business of each such client or class of client, and brief description of the nature of the services rendered.
(b)	All information provided in the statement of economic interest shall be current as of the last day of December of the year preceding the signature date."
SECTION 6.  G.S. 120‑98 reads as rewritten:
"§ 120‑98.  Penalty for failure to file.
(a)	If a candidate does not file the statement of economic interest within the time required by this Article, the county board of elections shall immediately notify the candidate by registered mail, restricted delivery to addressee only, that, if the statement is not received within 15 days, the candidate shall not be certified as the nominee of his party. If the statement is not received within 15 days of notification, the board of elections authorized to certify a candidate as nominee to the office shall not certify the candidate as nominee under any circumstances, regardless of the number of candidates for the nomination and regardless of the number of votes the candidate receives in the primary. A vacancy thus created on a party's ticket shall be considered a vacancy for the purposes of G.S. 163‑114, and shall be filled according to the procedures set out in G.S. 163‑114.
(b)	Repealed by Session Laws 1987 (Reg. Sess., 1988), c. 1028, s. 5.
(c)	If a person appointed to fill a vacant seat in the General Assembly pursuant to G.S. 163-11 does not file the statement of economic interest within the time required by this Article, the Legislative Services Officer shall notify the person that the statement must be received within 15 days of notification. If the statement is not received within the time allowed in this subsection, then the Legislative Services Officer shall notify the Legislative Ethics Committee of the failure to file the statement."
SECTION 7.  This act becomes effective January 1, 2002.