Senate Bill 772-First Edition

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

S 1

SENATE BILL 772

Short Title: Consolidate Ethics, Elections, and Lobbying.		(Public)
Sponsors:	Senator Brock.
Referred to:	Judiciary I.

April 20, 2011

A BILL TO BE ENTITLED

AN ACT to consolidate ethics, elections, and lobbying under the State board of ethics and elections enforcement.

The General Assembly of North Carolina enacts:

SECTION 1. The General Statutes are amended by adding a new Chapter to read:

"Chapter 163A.

"State Elections and Ethics Act.

"Article 1.

"General Provisions.

"§ 163A-100. Title.

This Chapter shall be known and may be cited as the 'State Elections and Ethics Act.'

"§ 163A-101. Definitions.

The following definitions apply in this Chapter:

(1) Blind trust. - A trust established by or for the benefit of a covered person or a member of the covered person's immediate family for divestiture of all control and knowledge of assets. A trust qualifies as a blind trust under this subdivision if the covered person or a member of the covered person's immediate family has no knowledge of the holdings and sources of income of the trust, the trustee of the trust is independent of and not associated with or employed by the covered person or a member of the covered person's immediate family and is not a member of the covered person's extended family, and the trustee has sole discretion as to the management of the trust assets.

(2) Board. - Any State board, council, committee, task force, authority, or similar public body, however denominated, created by statute or executive order, as determined and designated by the State Board, except for those public bodies that have only advisory authority.

(3) Business. - Any of the following organized for profit:

a. Association.

b. Business trust.

c. Corporation.

d. Enterprise.

e. Joint venture.

f. Organization.

g. Partnership.

h. Proprietorship.

i. Vested trust.

j. Every other business interest, including ownership or use of land for income.

(4) Business with which associated. - A business in which the covered person or filing person or any member of that covered person's or filing person's immediate family does any of the following:

a. Is an employee.

b. Holds a position as a director, officer, partner, proprietor, or member or manager of a limited liability company, irrespective of the amount of compensation received or the amount of the interest owned.

c. Owns a legal, equitable, or beneficial interest of ten thousand dollars ($10,000) or more in the business or five percent (5%) of the business, whichever is less, other than as a trustee on a deed of trust.

d. Is a lobbyist registered under this Chapter.

For purposes of this subdivision, the term "business" shall not include a widely held investment fund, including a mutual fund, regulated investment company, or pension or deferred compensation plan, if all of the following apply:

1. The covered person, filing person, or a member of the covered person's or filing person's immediate family neither exercises nor has the ability to exercise control over the financial interests held by the fund.

2. The fund is publicly traded, or the fund's assets are widely diversified.

(5) Committee. - The Legislative Ethics Committee as created in Part 3 of Article 14 of Chapter 120 of the General Statutes.

(6) Compensation. - Any money, thing of value, or economic benefit conferred on or received by any covered person or filing person in return for services rendered or to be rendered by that covered person or filing person or another. This term does not include campaign contributions properly received and reported as required by this Chapter.

(7) Confidential information. - Information defined as confidential by the law.

(8) Constitutional officers of the State. - Officers whose offices are established by Article III of the North Carolina Constitution.

(9) Contract. - Any agreement, including sales and conveyances of real and personal property, and agreements for the performance of services.

(10) Covered person. - A legislator, public servant, or judicial officer, as identified by the State Board under G.S. 163A-204.

(11) Designated individual. - A legislator, legislative employee, or public servant.

(12) Employing entity. - For public servants, any of the following bodies of State government of which the public servant is an employee or a member, or over which the public servant exercises supervision: agencies, authorities, boards, State Boards, committees, councils, departments, offices, institutions and their subdivisions, and constitutional offices of the State. For legislators, it is the house of which the legislator is a member. For legislative employees, it is the authority that hired the individual. For judicial employees, it is the Chief Justice.

(13) Executive action. - The preparation, research, drafting, development, consideration, modification, amendment, adoption, approval, tabling, postponement, defeat, or rejection of a policy, guideline, request for proposal, procedure, regulation, or rule by a public servant purporting to act in an official capacity. This term does not include any of the following:

a. Present, prior, or possible proceedings of a contested case hearing under Chapter 150B of the General Statutes, of a judicial nature, or of a quasi-judicial nature.

b. A public servant's communication with a person, or another person on that person's behalf, with respect to any of the following:

1. Applying for a permit, license, determination of eligibility, or certification.

2. Making an inquiry about or asserting a benefit, claim, right, obligation, duty, entitlement, payment, or penalty.

3. Making an inquiry about or responding to a request for proposal made under Chapter 143 of the General Statutes.

4. Rate making.

c. Internal administrative functions, including those functions exempted from the definition of "rule" in G.S. 150B-2(8a).

d. Ministerial functions.

e. A public servant's communication with a person or another person on that person's behalf with respect to public comments made at an open meeting, or submitted as written comment, on a proposed executive action in response to a request for public comment, provided the identity of the person on whose behalf the comments are made is disclosed as part of the public participation, and no reportable expenditure is made.

(14) Extended family. - Spouse, lineal descendant, lineal ascendant, sibling, spouse's lineal descendant, spouse's lineal ascendant, spouse's sibling, and the spouse of any of these individuals.

(15) Filing person. - An individual required to file a statement of economic interest under this Chapter.

(16) Financial benefit. - A direct pecuniary gain or loss to the legislator, the public servant, or a person with which the legislator or public servant is associated, or a direct pecuniary loss to a business competitor of the legislator, the public servant, or a person with which the legislator or public servant is associated.

(17) Gift. - Anything of monetary value given or received without valuable consideration by or from a lobbyist, lobbyist principal, liaison personnel, or a person described under G.S. 138A-32(d)(1), (2), or (3). The following shall not be considered gifts under this subdivision:

a. Anything for which fair market value, or face value if shown, is paid by the covered person or legislative employee.

b. Commercially available loans made on terms not more favorable than generally available to the general public in the normal course of business if not made for lobbying.

c. Contractual arrangements or commercial relationships or arrangements made in the normal course of business if not made for lobbying.

d. Academic or athletic scholarships based on the same criteria as applied to the public.

e. Any campaign contribution properly reported as required under this Chapter.

f. Expressions of condolence related to a death of an individual, sent within a reasonable time of the death, if the expression is one of the following:

1. A sympathy card, letter, or note.

2. Flowers.

3. Food or beverages for immediate consumption.

4. Donations to a religious organization, charity, the State or a political subdivision of the State, not to exceed a total of two hundred dollars ($200.00) per death per donor.

(18) Governmental unit. - A political subdivision of the State, and any other entity or organization created by a political subdivision of the State.

(19) Honorarium. - Payment for services for which fees are not legally or traditionally required.

(20) Immediate family. - An unemancipated child of the covered person residing in the household and the covered person's spouse, if not legally separated. A member of a covered person's extended family shall also be considered a member of the immediate family if actually residing in the covered person's household.

(21) In session. - One of the following:

a. The General Assembly is in extra session from the date the General Assembly convenes until the General Assembly:

1. Adjourns sine die.

2. Recesses or adjourns for more than 10 days.

b. The General Assembly is in regular session from the date set by law or resolution that the General Assembly convenes until the General Assembly:

1. Adjourns sine die.

2. Recesses or adjourns for more than 10 days.

(22) Judicial employee. - The director and assistant director of the Administrative Office of the Courts and any other individual, designated by the Chief Justice, employed in the Judicial Department whose annual compensation from the State is sixty thousand dollars ($60,000) or more.

(23) Judicial officer. - Justice or judge of the General Court of Justice, district attorney, clerk of court, or any individual elected or appointed to any of these positions prior to taking office.

(24) Legislative action. - The preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, tabling, postponement, defeat, or rejection of a bill, resolution, amendment, motion, report, nomination, appointment, or other matter, whether or not the matter is identified by an official title, general title, or other specific reference, by a legislator or legislative employee acting or purporting to act in an official capacity. It also includes the consideration of any bill by the Governor for the Governor's approval or veto under Article II, Section 22(1) of the Constitution or for the Governor to allow the bill to become law under Article II, Section 22(7) of the Constitution.

(25) Legislative employee. - Employees and officers of the General Assembly, consultants and counsel to committees of either house of the General Assembly or of legislative State Boards, who are paid by State funds, and students at an accredited law school while in an externship program at the General Assembly approved by the Legislative Services State Board, but not including legislators, members of the Council of State, nonsupervisory employees of the Administrative Division's Facility Maintenance and Food Services staff, or pages.

(26) Legislator. - A member or presiding officer of the General Assembly, or an individual elected or appointed a member or presiding officer of the General Assembly before taking office.

(27) Liaison personnel. - Any State employee, counsel employed under G.S. 147-17, or officer whose principal duties, in practice or as set forth in that individual's job description, include lobbying legislators or legislative employees.

(28) Lobby or Lobbying. - Any of the following:

a. Influencing or attempting to influence legislative or executive action, or both, through direct communication or activities with a designated individual or that designated individual's immediate family.

b. Developing goodwill through communications or activities, including the building of relationships, with a designated individual or that designated individual's immediate family with the intention of influencing current or future legislative or executive action, or both.

The terms "lobby" or "lobbying" do not include communications or activities as part of a business, civic, religious, fraternal, personal, or commercial relationship which is not connected to legislative or executive action, or both.

(29) Lobbyist. - An individual who engages in lobbying for payment and meets any of the following criteria:

a. Represents another person or governmental unit, but is not directly employed by that person or governmental unit.

b. Contracts for payment for lobbying.

c. Is employed by a person and a significant part of that employee's duties include lobbying. In no case shall an employee be considered a lobbyist if in no 30-day period less than five percent (5%) of that employee's actual duties include engaging in lobbying as defined in subdivision (9)a. of this section or if in no 30-day period less than five percent (5%) of that employee's actual duties include engaging in lobbying as defined in subdivision (9)b. of this section.

The term "lobbyist" shall not include individuals who are specifically exempted from this Chapter under Article 6 of this Chapter or registered as liaison personnel under Article 7 of this Chapter.

(30) Lobbyist principal and principal. - The person or governmental unit on whose behalf the lobbyist lobbies and who makes payment for the lobbying. In the case where a lobbyist is paid by a law firm, consulting firm, or other entity retained by a person or governmental unit for lobbying, the principal is the person or governmental unit whose interests the lobbyist represents in lobbying. In the case of a lobbyist employed or retained by an association or other organization, the lobbyist principal is the association or other organization, not the individual members of the association or other organization.

The term "lobbyist principal" shall not include those designating registered liaison personnel under Article 7 of this Chapter.

(31) Nonprofit corporation or organization with which associated. - Any not-for-profit corporation, organization, or association, incorporated or otherwise, that is organized or operating in the State primarily for religious, charitable, scientific, literary, public health and safety, or educational purposes and of which the covered person, filing person, or any member of the covered person's or filing person's immediate family is a director, officer, governing board member, employee, lobbyist registered under this Chapter, or independent contractor. Nonprofit corporation or organization with which associated shall not include any board, entity, or other organization created by this State or by any political subdivision of this State.

(32) Official action. - Any decision, including administration, approval, disapproval, preparation, recommendation, the rendering of advice, and investigation, made or contemplated in any proceeding, application, submission, request for a ruling or other determination, contract, claim, controversy, investigation, charge, or rule making.

(33) Participate. - To take part in, influence, or attempt to influence, including acting through an agent or proxy.

(34) Payment. - Any money, thing of value, or economic benefit conveyed to the lobbyist for lobbying, other than reimbursement of actual travel, administrative expenses, or subsistence.

(35) Permanent designee. - An individual designated by a public servant to serve and vote in the absence of the public servant on a regular basis on a board on which the public servant serves.

(36) Person. - Any individual, firm, partnership, committee, association, corporation, business, or any other organization or group of persons acting together. The term "person" does not include the State, a political subdivision of the State, a board, or any other entity or organization created by the State or a political subdivision of the State.

(37) Person with which the legislator is associated. - Any of the following:

a. A member of the legislator's extended family.

b. A client of the legislator.

c. A business with which the legislator or a member of the legislator's immediate family is associated.

d. A nonprofit corporation or association with which the legislator or a member of the legislator's immediate family is associated.

e. The State, a political subdivision of the State, a board, or any other entity or organization created by the State or a political subdivision of the State that employs the legislator or a member of the legislator's immediate family.

(38) Person with which the public servant is associated. - Any of the following:

a. A member of the public servant's extended family.

b. A client of the public servant.

c. A business with which the public servant or a member of the public servant's immediate family is associated.

d. A nonprofit corporation or association with which the public servant or a member of the public servant's immediate family is associated.

e. The State, a political subdivision of the State, a board, or any other entity or organization created by the State or a political subdivision of the State that employs the public servant or a member of the public servant's immediate family.

(39) Political party. - Either of the two largest political parties in the State based on statewide voter registration at the applicable time.

(40) Public servants. - All of the following:

a. Constitutional officers of the State and individuals elected or appointed as constitutional officers of the State prior to taking office.

b. Employees of the Office of the Governor.

c. Heads of all principal State departments, as set forth in G.S. 143B-6, who are appointed by the Governor.

d. The chief deputy and chief administrative assistant of each individual designated under sub-subdivision a. or c. of this subdivision.

e. Confidential assistants and secretaries as defined in G.S. 126-5(c)(2) to individuals designated under sub-subdivision a., c., or d. of this subdivision.

f. Employees in exempt positions designated in accordance with G.S. 126-5(d)(1), (2), or (2a) and confidential secretaries to these individuals.

g. Any other employees or appointees in the principal State departments as may be designated by the Governor to the extent that the designation does not conflict with the State Personnel Act.

h. Judicial employees.

i. All voting members of boards, including ex officio members, permanent designees of any voting member, and members serving by executive, legislative, or judicial branch appointment.

j. For The University of North Carolina, the voting members of the Board of Governors of The University of North Carolina, the president, the vice-presidents, and the chancellors, the vice-chancellors, and voting members of the boards of trustees of the constituent institutions.

k. For the Community College System, the voting members of the State Board of Community Colleges, the president and the chief financial officer of the Community College System, the president, chief financial officer, and chief administrative officer of each community college, and voting members of the boards of trustees of each community college.

l. Members of the State Board, the executive director, and the assistant executive directors of the State Board.

m. Individuals under contract with the State working in or against a position included under this subdivision.

n. The director of the Office of State Personnel.

o. The State Controller.

p. The chief information officer, deputy chief information officers, chief financial officers, and general counsel of the Office of Information Technology Services.

q. The director of the State Museum of Art.

r. The executive director of the Agency for Public Telecommunications.

s. The State Board of Motor Vehicles.

t. The State Board of Banks and the chief deputy of the State Board of the Banking State Board.

u. The executive director of the North Carolina Housing Finance Agency.

v. The executive director, chief financial officer, and chief operating officer of the North Carolina Turnpike Authority.

(41) Reportable expenditure. - Any of the following that directly or indirectly is made to, at the request of, for the benefit of, or on the behalf of a designated individual or that individual's immediate family member:

a. Any advance, contribution, conveyance, deposit, distribution, payment, gift, retainer, fee, salary, honorarium, reimbursement, loan, pledge, or thing of value greater than ten dollars ($10.00) per designated individual per single calendar day.

b. A contract, agreement, promise, or other obligation whether or not legally enforceable.

(42) State agency. - An agency in the executive branch of the government of this State, including the Governor's Office, a board, a department, a division, and any other unit of government in the executive branch.

(43) State Board. - The State Board of Elections and Ethics Enforcement as established by this Chapter.

(44) Solicitation of others. - A solicitation of members of the public to communicate directly with or contact one or more designated individuals to influence or attempt to influence legislative or executive action to further the solicitor's position on that legislative or executive action, when that request is made by any of the following methods:

a. A broadcast, cable, or satellite transmission.

b. An e-mail communication or a Web site posting.

c. A communication delivered by print media as defined in G.S. 163-278.38Z.

d. A letter or other written communication delivered by mail or by comparable delivery service.

e. Telephone.

f. A communication at a conference, meeting, or similar event.

The term "solicitation of others" does not include communications made by a person or by the person's agent to that person's stockholders, employees, board members, officers, members, subscribers, or other recipients who have affirmatively assented to receive the person's regular publications or notices.

(45) Vested trust. - A trust, annuity, or other funds held by a trustee or other third party for the benefit of the covered person or a member of the covered person's immediate family, except a blind trust. A vested trust shall not include a widely held investment fund, including a mutual fund, regulated investment company, or pension or deferred compensation plan, if:

a. The covered person or a member of the covered person's immediate family neither exercises nor has the ability to exercise control over the financial interests held by the fund; and

b. The fund is publicly traded, or the fund's assets are widely diversified.

"§ 163A-102. Application to the Lieutenant Governor.

For purposes of this Chapter, the Lieutenant Governor shall be considered a legislator when carrying out the Lieutenant Governor's duties under Section 13 of Article II of the North Carolina Constitution and a public servant for all other purposes.

"§ 163A-103. Application to candidates to certain offices.

For purposes of Articles 3, 4, 5, 6, and 7 of this Chapter, the term "legislator" and the term "public servant" shall include an individual having filed a notice of candidacy for such office under this Chapter.

"Article 2.

"Board of Elections and Ethics Enforcement.

"§ 163A-200. Board of Elections and Ethics Enforcement established.

There is established the State Board of Elections and Ethics Enforcement.

"§ 163A-201. Membership.

(a) The State Board shall consist of nine members. Three members shall be appointed by the Governor, of whom no more than two shall be of the same political party. Six members shall be appointed by the General Assembly, three upon the recommendation of the Speaker of the House of Representatives, neither of whom shall be of the same political party, and three upon the recommendation of the President Pro Tempore of the Senate, neither of whom shall be of the same political party. Members shall serve for three year terms, beginning January 1, 2012, except for the initial terms that shall be as follows:

(1) One member appointed by the Governor shall serve an initial term of one year.

(2) Two members appointed by the General Assembly, one upon the recommendation of the Speaker of the House of Representatives and one upon the recommendation of the President Pro Tempore of the Senate, shall serve initial terms of one year.

(3) One member appointed by the Governor shall serve initial terms of two years.

(4) Two members appointed by the General Assembly, one upon the recommendation of the Speaker of the House of Representatives and one member upon the recommendation of the President Pro Tempore of the Senate, shall serve initial terms of two years.

(b) Members shall be removed from the Board only for misfeasance, malfeasance, or nonfeasance. Members appointed by the Governor may be removed by the Governor. Members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives shall be removed by the Governor upon the recommendation of the Speaker. Members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate shall be removed by the Governor upon the recommendation of the President Pro Tempore.

(c) Vacancies in appointments made by the Governor shall be filled by the Governor for the remainder of any unfulfilled term. Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122 for the remainder of any unfulfilled term.

(d) No member while serving on the State Board or employee while employed by the Board shall:

(1) Hold or be a candidate for any other office or place of trust or profit under the United States, the State, or a political subdivision of the State.

(2) Hold office in any political party above the precinct level.

(3) Participate in or contribute to the political campaign of any covered person or any candidate for a public office as a covered person over which the Board would have jurisdiction or authority.

(4) Otherwise be an employee of the State, a community college, or a local school system, or serve as a member of any other state board.

(e) The Governor shall annually appoint a member of the Board to serve as chair of the State Board. The State Board shall elect a vice-chair annually from its membership. The vice-chair shall act as the chair in the chair's absence or if there is a vacancy in that position.

(f) Members of the Board shall receive compensation for service on the Board.

"§ 163A-202. Meetings and quorum.

The State Board shall meet at least quarterly and at other times as called by its chair or by four of its members. In the case of a vacancy in the chair, meetings may be called by the vice-chair. Five members of the State Board constitute a quorum.

"§ 163A-203. Staff and offices.

The State Board may employ professional and clerical staff, including an executive director. The State Board shall be located within the Department of Administration for administrative purposes only, but shall exercise all of its powers, including the power to employ, direct, and supervise all personnel, independently of the Secretary of Administration, and is subject to the direction and supervision of the Secretary of Administration only with respect to the management functions of coordinating and reporting.

"§ 163A-204. Powers and duties.

(a) In addition to other powers and duties specified in this Chapter, the State Board shall:

(1) Provide reasonable assistance to covered persons in complying with this Chapter.

(2) Develop readily understandable forms, policies, and procedures to accomplish the purposes of this Chapter.

(3) Identify and publish the following:

a. A list of nonadvisory boards.

b. The names of individuals subject to this Chapter as covered persons and legislative employees.

(4) Receive and review all statements of economic interests filed with the State Board by prospective and actual covered persons and evaluate whether (i) the statements conform to the law and the rules of the State Board and (ii) the financial interests and other information reported reveals actual or potential conflicts of interest. This subdivision does not apply to statements of economic interest filed by legislators or judicial officers.

(5) Conduct inquiries of alleged violations against judicial officers, legislators, and legislative employees in accordance with G.S. 138A-12.

(6) Conduct inquiries into alleged violations against public servants in accordance with this Chapter.

(7) Render advisory opinions in accordance with this Chapter and G.S. 120C-102.

(8) Initiate and maintain oversight of educational programs for ethics, lobbying, and campaign finance consistent with G.S. 163A-208.

(9) Conduct a continuing study of governmental ethics in the State and propose changes to the General Assembly in the government process and the law as are conducive to promoting and continuing high ethical behavior by governmental officers and employees.

(10) Adopt rules and forms necessary to implement this Chapter.

(11) Report annually to the General Assembly and the Governor on the State Board's activities and generally on the subject of public disclosure, ethics, and conflicts of interest, including recommendations for administrative and legislative action, as the State Board deems appropriate.

(12) Publish annually statistics on complaints filed with or considered by the Board, including the number of complaints filed, the number of complaints referred under G.S. 163A-206(b), the number of complaints dismissed under G.S. 163A-206(c)(4), the number of complaints dismissed under G.S. 163A-206(f), the number of complaints referred for criminal prosecution under G.S. 163A-206, the number of complaints dismissed under G.S. 163A-206(h), the number of complaints referred for appropriate action under G.S. 163A-206(h) or G.S. 163A-206(k)(3), and the number and age of complaints pending action by the Board.

(13) Provide general supervision over the primaries and elections in the State and shall have authority to make such reasonable rules and regulations with respect to the conduct of primaries and elections as it may deem advisable so long as they do not conflict with any provisions of this Chapter.

(14) Publish and furnish to the county boards of elections and other election officials a sufficient number of indexed copies of all election laws and State Board rules and regulations. It shall also publish, issue, and distribute to the electorate such materials explanatory of primary and election laws and procedures as the State Board shall deem necessary.

(15) Appoint, in the manner provided by law, and advise all members of the county boards of elections as to the proper methods of conducting primaries and elections. The State Board shall require such reports from the county boards of elections as are provided by law, or as are deemed necessary by the State Board, and shall compel observance of the requirements of the election laws by county boards of elections and other election officers. In performing these duties, the State Board shall have the right to hear and act on complaints arising by petition or otherwise, on the failure or neglect of a county board of elections to comply with any part of the election laws imposing duties upon such a board. The State Board shall have power to remove from office any member of a county board of elections for incompetency, neglect or failure to perform duties, fraud, or for any other satisfactory cause. Before exercising this power, the State Board shall notify the county board member affected and give that board member an opportunity to be heard. When any county board member shall be removed by the State Board, the vacancy occurring shall be filled by the State Board.

(16) Investigate when necessary or advisable the administration of election laws, frauds, and irregularities in elections in any county, municipal, and special district and shall report violations of the election laws to the Attorney General or district attorney or prosecutor of the district for further investigation and prosecution.

(17) Determine, in the manner provided by law, the form and content of ballots, instruction sheets, pollbooks, tally sheets, abstract and return forms, certificates of election, and other forms to be used in primaries and elections. The State Board shall furnish to the county boards of elections the voter registration application forms required pursuant to this Chapter. The State Board shall direct the county boards of elections to purchase a sufficient quantity of all forms attendant to the registration and elections process. In addition, the State Board shall provide a source of supply from which the county boards of elections may purchase the quantity of pollbooks needed for the execution of its responsibilities. In the preparation of ballots, pollbooks, abstract and return forms, and all other forms, the State Board may call to its aid the Attorney General of the State, and it shall be the duty of the Attorney General to advise and aid in the preparation of these books, ballots, and forms.

(18) Prepare, print, distribute to the county boards of elections all ballots for use in any primary or election held in the State which the law provides shall be printed and furnished by the State to the counties. The State Board shall instruct the county boards of elections as to the printing of county and local ballots.

(19) Certify to the appropriate county boards of elections the names of candidates for district offices who have filed notice of candidacy with the State Board and whose names are required to be printed on county ballots.

(20) Tabulate the primary and election returns to declare the results and to prepare abstracts of the votes cast in each county in the State for offices which, according to law, shall be tabulated by the State Board.

(21) Make recommendations to the Governor and legislature relative to the conduct and administration of the primaries and elections in the State as it may deem advisable.

(22) Perform systematic reviews of reports required to be filed under this Chapter on a regular basis to assure complete and timely disclosure. Complaints of violations of this Chapter, all other records accumulated in conjunction with the investigation of these complaints, and any records accumulated in the performance of a systematic review shall be considered confidential records and may be released only by order of a court of competent jurisdiction. Any information obtained by the State Board from any law enforcement agency, administrative agency, or regulatory organization on a confidential or otherwise restricted basis in the course of an investigation or systematic review shall be confidential and exempt from G.S. 132-6 to the same extent that it is confidential in the possession of the providing agency or organization.

(23) Publish annual statistics on complaints received and systematic reviews conducted under this section, including the number of systematic reviews, the number of complaints, the number of apparent violations of this Chapter referred to a district attorney, the number of complaints dismissed, and the number and age of complaints pending. Subject to the provisions of Chapter 132 of the General Statutes, the levy of all civil fines, including the amount of the fine and the identity of the person or governmental unit against whom it was levied, shall be a public record as defined in G.S. 132-1(a).

(24) Perform other duties as may be necessary to accomplish the purposes of this Chapter.

(b) Notwithstanding the provisions of any other section of this Chapter, the State Board is empowered to have access to any ballot boxes and their contents, any voting machines and their contents, any registration records, pollbooks, voter authorization cards or voter lists, any lists of absentee voters, any lists of presidential registrants under the Voting Rights Act of 1965 as amended, and any other voting equipment or similar records, books, or lists in any precinct, county, municipality, or electoral district over whose elections it has jurisdiction or for whose elections it has responsibility.

(c) Notwithstanding the provisions contained in Article 31 of this Chapter, the State Board shall be authorized, by resolution adopted prior to the printing of the primary ballots, to reduce the time by which absentee ballots are required to be printed and distributed for the primary election from 50 days to 45 days. This authority shall not be authorized for absentee ballots to be voted in the general election, except if the law requires ballots to be available for mailing 60 days before the general election, and they are not ready by that date, the State Board shall allow the counties to mail them out as soon as they are available.

(d) Notwithstanding any other provision of law, in order to obtain judicial review of any decision of the State Board rendered in the performance of its duties or in the exercise of its powers under this Chapter, the petition seeking review shall be filed in the Superior Court of Wake County.

(e) The State Board shall adopt rules for the minimum requirements of the number of pollbooks, voting machines, and curbside ballots to be available at each precinct, such that more will be available at general elections and a sufficient number will be available to allow voting without excessive delay. The State Board shall provide additional testing of voting machines to ensure that they operate properly even with complicated ballots.

(f) The State Board shall require counties with voting systems to have sufficient personnel available on election day with technical expertise to make repairs in such equipment, to investigate election day problems, and assist in curbside voting.

(g) The State Board may assign responsibility for enumerated administrative matters to the Executive Director by resolution, if that resolution provides a process for the State Board to review any administrative decision made by the Executive Director. The State Board may authorize the staff of the State Board to evaluate statements of economic interest as authorized under subdivision (a)(4) of this section.

(h) The State Board shall possess full power and authority to maintain order and to enforce obedience to its lawful commands during its sessions and shall be constituted an inferior court for that purpose. If any person shall refuse to obey the lawful commands of the State Board or its chair, or by disorderly conduct in its hearing or presence shall interrupt or disturb its proceedings, it may, by an order in writing, signed by its chair, and attested by its secretary, commit the person so offending to the common jail of the county for a period not exceeding 30 days. Such order shall be executed by any sheriff to whom the same shall be delivered, or if a sheriff shall not be present, or shall refuse to act, by any other person who shall be deputed by the State Board in writing, and the keeper of the jail shall receive the person so committed and safely keep that person for such time as shall be mentioned in the commitment: Provided, that any person committed under the provisions of this section shall have the right to post a two hundred dollar ($200.00) bond with the clerk of the superior court and appeal to the superior court for a trial on the merits of the commitment.

"§ 163A-208. Education programs.

(a) The State Board shall develop and implement an ethics and lobbying education and awareness program designed to instill in all covered persons and legislative employees a keen and continuing awareness of their ethical obligations and a sensitivity to situations that might result in real or potential conflicts of interest.

(b) The State Board shall offer basic ethics and lobbying education and awareness presentations to all public servants upon their election, appointment, or employment and shall offer periodic refresher presentations as the State Board deems appropriate. Every public servant shall participate in an ethics and lobbying presentation approved by the State Board within six months of the public servant's election, reelection, appointment, or employment and shall attend refresher ethics education presentations at least every two years thereafter in a manner as the State Board deems appropriate. This subsection shall not apply to judicial officers.

(c) A public servant appointed to a board determined and designated as nonadvisory under G.S. 138A-10(a)(3) shall attend an ethics and lobbying presentation approved by the Board within six months of notification of the designation by the State Board and at least every two years thereafter in a manner as the State Board deems appropriate.

(d) The State Board, jointly with the Legislative Ethics Committee, shall make basic ethics and lobbying education and awareness presentations to all legislators and legislative employees upon their election, reelection, appointment, or employment and shall offer periodic refresher presentations as the State Board and the Committee deem appropriate. Every legislator shall participate in an ethics and lobbying presentation approved by the State Board and Committee within two months of either the convening of the General Assembly to which the legislator is elected or within two months of the legislator's appointment, whichever is later. Every legislative employee shall participate in an ethics and lobbying presentation approved by the State Board and Committee within three months of employment and shall attend refresher ethics education presentations at least every two years thereafter in a manner as the State Board and Committee deem appropriate.

(e) The State Board shall develop and implement a lobbying education and awareness program designed to instill in lobbyists and lobbyists' principals a keen and continuing awareness of their obligations and sensitivity to situations that might result in real or potential violation of this Chapter or other related laws. The State Board shall make lobbying education and awareness programs available to lobbyists and lobbyists' principals.

(f) Upon request, the State Board shall assist each State agency in developing in-house ethics and lobbying education programs and procedures necessary or desirable to meet the State agency's particular needs for ethics education, conflict identification, and conflict avoidance.

(g) Each State agency head shall designate an ethics liaison who shall maintain active communication with the State Board on all State agency ethics and lobbying issues. The ethics liaison shall attend ethics and lobbying education and awareness programs as provided under this section. The ethics liaison shall continuously assess and advise the State Board of any issues or conduct which might reasonably be expected to result in a conflict of interest and seek advice and rulings from the State Board as to their appropriate resolution.

(h) The State Board shall publish a newsletter containing summaries of the State Board's opinions, policies, procedures, and interpretive bulletins with respect to ethics and lobbying as issued from time to time. The newsletter shall be distributed to all covered persons and legislative employees. Publication under this subsection may be done electronically.

(i) The State Board shall publish a newsletter containing summaries of the State Board's opinions, policies, procedures, and interpretive decisions with respect to campaign finance as issued from time to time. The newsletter shall be distributed to all treasurers and candidates. Publication under this section may be done electronically.

(j) The State Board shall assemble and maintain a collection of relevant State laws, rules, and regulations and set forth ethical standards applicable to covered persons, lobbying laws and regulations, and campaign finance laws and regulations. This collection shall be made available electronically as resource material.

(k) The State Board shall provide specific training to county boards of elections regarding rules for registering all voters.

(l) The State Board shall provide for training and screening program for county boards of elections, county directors of elections, chief judges, and judges.

"§ 163A-209. Requests for advice.

(a) At the written request of any public servant or legislative employee, any individual who is responsible for the supervision or appointment of a public servant or legislative employee, legal counsel for any public servant or legislative employee, any ethics liaison under G.S. 163A-208, or any member of the State Board, the State Board shall render advice on specific questions involving the meaning and application of Articles 9 and 10 of this Chapter and the public servant's or legislative employee's compliance therewith. This subsection shall apply to judicial officers only for advice related to Article 9 of this Chapter.

(b) At the request of a legislator, the State Board shall render recommended advice on specific questions involving the meaning and application of this Chapter and Part 1 of Article 14 of Chapter 120 of the General Statutes and the legislator's compliance therewith. Any recommended formal advisory opinion issued to a legislator under this subsection shall immediately be delivered to the chairs of the Committee, together with a copy of the request. Except for the Lieutenant Governor, the immunity granted under this section shall not apply after the time the Committee modifies or overturns the advisory opinion of the State Board in accordance with G.S. 120-104.

(c) At the written request of any person, State agency, or governmental unit affected by Articles 3, 4, 5, 6, and 7 of this Chapter, the State Board shall render advice on specific questions involving the meaning and application of Articles 3, 4, 5, 6, and 7 of this Chapter and that person's, State agency's, or any governmental unit's compliance therewith.

(d) At the written request of candidates, the communications media, political committees, referendum committees, or other entities upon request shall render advice on specific questions regarding filing procedures and compliance with Articles of this Chapter.

(e) On its own motion, the State Board may render advisory opinions on specific questions involving the meaning and application of this Chapter.

(f) All written requests for advice and advice rendered in response to those requests shall relate prospectively to real or reasonably anticipated fact settings or circumstances.

(g) A request for a formal advisory opinion under subsections (a), (b), and (c) of this section shall be in writing, electronic or otherwise. The State Board shall issue formal advisory opinions having prospective application only. Any individual, person, or governmental unit who relies upon the advice provided on a specific matter addressed by the requested formal advisory opinion shall be immune from all of the following:

(1) Investigation by the State Board, except for an inquiry under G.S. 163A-206(b)(3).

(2) Any adverse action by the employing entity.

(3) Investigation by the Secretary of State.

(h) At the request of the Auditor, the State Board shall render advisory opinions on specific questions involving the meaning and application of this Chapter, Article 14 of Chapter 120 of the General Statutes, and an affected person's compliance therewith. The request shall be in writing, electronic or otherwise, and relate to real fact settings and circumstances. Except when the question involves a question governed by subsection (b) of this section, the State Board shall issue an advisory opinion under this subsection within 60 days of the receipt of all information deemed necessary by the State Board to render an opinion. If the question involves a question governed by subsection (b) of this section, the State Board shall comply with the provisions of that section prior to responding to the Auditor by delivering the recommended advisory opinion to the Committee within 60 days of the receipt of all information deemed necessary by the State Board to render an opinion. The Committee shall act on the opinion within 30 days of receipt and the Committee shall deliver the opinion to the Auditor. If the Committee fails to act on a recommended advisory opinion under this subsection with 30 days of receipt, the State Board shall deliver its recommended advisory opinion to the Auditor. Notwithstanding subsection (k) of this section, the Auditor may only release those portions of the advisory opinion necessary to comply with the requirements of G.S. 147-64.6(c)(1).

(i) Staff to the State Board may issue advice, but not formal or recommended formal advisory opinions, under procedures adopted by the State Board.

(j) The State Board shall publish its formal advisory opinions within 30 days of issuance. These formal advisory opinions shall be edited for publication purposes as necessary to protect the identities of the individuals requesting formal advisory opinions. When the State Board issues a recommended formal advisory opinion to a legislator under subsection (b) of this section, the State Board shall publish only the edited formal advisory opinion of the Committee within 30 days of receipt of the edited opinion from the Committee.

(k) Except as provided under subsections (h), (j), and (l) of this section, a request for advice, any advice provided by State Board staff, any formal or recommended formal advisory opinions, any supporting documents submitted or caused to be submitted to the State Board or State Board staff, and any documents prepared or collected by the State Board or State Board staff in connection with a request for advice are confidential. The identity of the individual making the request for advice, the existence of the request, and any information related to the request may not be revealed without the consent of the requestor. An individual who requests advice or receives advice, including a formal or recommended formal advisory opinion, may authorize the release to any other person, the State, or any governmental unit of the request, the advice, or any supporting documents.

For purposes of this section, "document" is as defined in G.S. 120-129. Requests for advice, any advice, and any documents related to requests for advice are not "public records" as defined in G.S. 132-1.

(l) Staff to the State Board may share all information and documents related to requests for advice, made by legislators under this section with staff to the Committee. The information and documents in the possession of staff to the Committee are confidential and are not public records.

(m) Requests for advice may be withdrawn by the requestor at any time prior to the issuance of the advice.

"§ 163A-210. Enforcement.

In addition to any other remedy, penalty, or crime in this Chapter:

(1) Violation of Articles 9 and 10 of this Chapter by any covered person or legislative employee is grounds for disciplinary action. Except as specifically provided in this Chapter and for perjury under G.S. 163A-206 and G.S. 138A-24, no criminal penalty shall attach for any violation of Articles 9 and 10 of this Chapter.

(2) The willful failure of any public servant serving on a board to comply with Articles 9 and 10 of this Chapter is misfeasance, malfeasance, or nonfeasance. In the event of misfeasance, malfeasance, or nonfeasance, the offending public servant serving on a board is subject to removal from the board of which the public servant is a member. For appointees of the Governor and members of the Council of State, the appointing authority may remove the offending public servant. For appointees of the Speaker of the House of Representatives, the Speaker of the House of Representatives may remove the offending public servant. For appointees of the General Assembly made upon the recommendation of the Speaker of the House of Representatives, the Governor at the recommendation of the Speaker of the House of Representatives may remove the offending public servant. For appointees of the President Pro Tempore of the Senate, the President Pro Tempore of the Senate may remove the offending public servant. For appointees of the General Assembly made upon the recommendation of the President Pro Tempore of the Senate, the Governor at the recommendation of the President Pro Tempore of the Senate may remove the offending public servant. For public servants elected to a board by either the Senate or House of Representatives, the electing house of the General Assembly shall exercise the discretion of whether to remove the offending public servant. For all other appointees, the State Board shall exercise the discretion of whether to remove the offending public servant.

(3) The willful failure of any public servant serving as a State employee to comply with Articles 9 and 10 of this Chapter is a violation of a written work order, thereby permitting disciplinary action as allowed by the law, including termination from employment. For employees of State departments headed by a member of the Council of State, the appropriate member of the Council of State shall make all final decisions on the manner in which the offending public servant shall be disciplined. For public servants who are judicial employees, the Chief Justice shall make all final decisions on the matter in which the offending judicial employee shall be disciplined. For legislative employees, the Legislative Services State Board shall make or refer to the hiring authority all final decisions on the matter in which the offending legislative employee shall be disciplined. For public servants appointed or elected for The University of North Carolina or the Community Colleges System, the appointing or electing authority shall make all final decisions on the matter in which the offending public servant shall be disciplined. For any other public servant serving as a State employee, the Governor shall make all final decisions on the manner in which the offending public servant shall be disciplined.

(4) The willful failure of any constitutional officer of the State to comply with Articles 9 and 10 of this Chapter is malfeasance in office for purposes of G.S. 123-5.

(5) The willful failure of a legislator, other than the Lieutenant Governor, to comply with Articles 9 and 10 of this Chapter is grounds for sanctions under G.S. 120-103.1.

(6) The State Board may seek to enjoin violations of G.S. 138A-34.

(7) Whoever willfully violates any provision of Article 3 or 4 of this Chapter shall be guilty of a Class 1 misdemeanor, except as provided in those Articles. In addition, no lobbyist who is convicted of a violation of the provisions of those Articles shall in any way act as a lobbyist for a period of two years from the date of conviction.

(8) In addition to the criminal penalties set forth in this section, State Board may levy civil fines for a violation of any provision of Article 3, 5, or 8 of this Chapter up to five thousand dollars ($5,000) per violation.

(9) Complaints of violations of this Chapter involving the State Board or any member or employee of the State Board shall be referred to the Attorney General for investigation. The Attorney General shall, upon receipt of a complaint, make an appropriate investigation thereof, and the Attorney General shall forward a copy of the investigation to the district attorney of the prosecutorial district as defined in G.S. 7A-60 of which Wake County is a part, who shall prosecute any person or governmental unit who violates any provision of this Chapter.

(10) Nothing in this Chapter affects the power of the State to prosecute any person for any violation of the criminal law.

"§ 163A-212. Powers of the chair in the execution of State Board duties.

(a) In the performance of the duties enumerated in this Chapter, the chair of the State Board shall have power to administer oaths, issue subpoenas, summon witnesses, and compel the production of papers, books, records, and other evidence.

(b) Upon the written request or requests of two or more members of the State Board , the chair shall issue subpoenas for designated witnesses or identified papers, books, records, and other evidence.

(c) In the absence of the chair or upon the chair's refusal to act, any two members of the State Board may issue subpoenas, summon witnesses, and compel the production of papers, books, records, and other evidence. In the absence of the chair or upon the chair's refusal to act, any member of the State Board may administer oaths.

(d) The State Board may petition the Superior Court of Wake County for the approval to issue subpoenas and subpoenas duces tecum as necessary to conduct investigations of violations of this Chapter. The court shall authorize subpoenas under this subsection when the court determines they are necessary for the enforcement of this Chapter. Subpoenas issued under this subsection shall be enforceable by the court through contempt powers. Venue shall be with the Superior Court of Wake County for any nonresident person, or that person's agent, who makes a reportable expenditure under this Chapter, and personal jurisdiction may be asserted under G.S. 1-75.4.

"§ 163A-215. Executive Director of the State Board.

(a) There is hereby created the position of Executive Director of the State Board, who shall perform all duties imposed by statute and such duties as might be assigned by the State Board.

(b) The State Board shall appoint an Executive Director for a term of four years with compensation to be determined by the Department of Personnel. The Executive Director shall serve, unless removed for cause, until a successor is appointed. In the event of a vacancy, the vacancy shall be filled for the remainder of the term.

(c) The Executive Director shall be responsible for staffing, administration, execution of the State Board's decisions and orders, and shall perform such other responsibilities as may be assigned by the State Board.

SECTION 2. Article 1 of Chapter 120C of the General Statutes is repealed.

SECTION 3. Article 2 of Chapter 120C of the General Statutes is recodified as Article 3 of Chapter 163A of the General Statutes.

SECTION 4. Article 3 of Chapter 120C of the General Statutes is recodified as Article 4 of Chapter 163A of the General Statutes.

SECTION 5. Article 4 of Chapter 120C of the General Statutes is recodified as Article 5 of Chapter 163A of the General Statutes.

SECTION 6. Article 5 of Chapter 120C of the General Statutes is recodified as Article 6 of Chapter 163A of the General Statutes.

SECTION 7. Article 6 of Chapter 120C of the General Statutes is repealed.

SECTION 8. Article 7 of Chapter 120C of the General Statutes is recodified as Article 7 of Chapter 163A of the General Statutes.

SECTION 9. Article 8 of Chapter 120C of the General Statutes is recodified as Article 8 of Chapter 163A of the General Statutes.

SECTION 10. Article 1 of Chapter 138A of the General Statutes is repealed.

SECTION 11.(a) G.S. 138A-6 is repealed.

SECTION 11.(b) G.S. 138A-7 is repealed.

SECTION 11.(c) G.S. 138A-8 is repealed.

SECTION 11.(d) G.S. 138A-9 is repealed.

SECTION 11.(e) G.S. 138A-10 is repealed.

SECTION 11.(f) G.S. 138A-11 is recodified as G.S. 163A-205.

SECTION 11.(g) G.S. 138A-12 is recodified as G.S. 163A-206.

SECTION 11.(h) G.S. 138A-13 is repealed.

SECTION 11.(i) G.S. 138A-14 is repealed.

SECTION 11.(j) G.S. 138A-15 is recodified as G.S. 163A-212.

SECTION 12. Article 3 of Chapter 138A of the General Statutes is recodified as Article 9 of Chapter 163A of the General Statutes.

SECTION 13. Article 4 of Chapter 138A of the General Statutes is recodified as Article 10 of Chapter 163A of the General Statutes.

SECTION 14. Article 5 of Chapter 138A of the General Statutes is repealed.

SECTION 15. Article 1 of Chapter 163 of the General Statutes is recodified as Article 11 of Chapter 163A of the General Statutes.

SECTION 16. Article 2 of Chapter 163 of the General Statutes is recodified as Article 12 of Chapter 163A of the General Statutes.

SECTION 17.(a) G.S. 163-19 is repealed.

SECTION 17.(b) G.S. 163-20 is repealed.

SECTION 17.(c) G.S. 163-21 is repealed.

SECTION 17.(d) G.S. 163-22 is repealed.

SECTION 17.(e) G.S. 163-22.3 is recodified as G.S. 163A-211.

SECTION 17.(f) G.S. 163-23 is repealed.

SECTION 17.(g) G.S. 163-24 is recodified as G.S. 163A-213.

SECTION 17.(h) G.S. 163-25, as amended by S.L. 2011-31, is recodified as G.S. 163-214.

SECTION 17.(i) G.S. 163-26 is repealed.

SECTION 17.(j) G.S. 163-27 is repealed.

SECTION 17.(k) G.S. 163-27.1 is recodified as G.S. 163A-216.

SECTION 17.(l) G.S. 163-28 is repealed.

SECTION 18. Article 4 of Chapter 163 of the General Statutes is recodified as Article 13 of Chapter 163A of the General Statutes.

SECTION 19. Article 5 of Chapter 163 of the General Statutes is recodified as Article 14 of Chapter 163A of the General Statutes.

SECTION 20. Article 6 of Chapter 163 of the General Statutes is recodified as Article 15 of Chapter 163A of the General Statutes.

SECTION 21. Article 7A of Chapter 163 of the General Statutes is recodified as Article 16 of Chapter 163A of the General Statutes.

SECTION 22. Article 8 of Chapter 163 of the General Statutes is recodified as Article 17 of Chapter 163A of the General Statutes.

SECTION 23. Article 8A of Chapter 163 of the General Statutes is recodified as Article 18 of Chapter 163A of the General Statutes.

SECTION 24. Article 9 of Chapter 163 of the General Statutes is recodified as Article 19 of Chapter 163A of the General Statutes.

SECTION 25. Article 10 of Chapter 163 of the General Statutes is recodified as Article 20 of Chapter 163A of the General Statutes.

SECTION 26. Article 11 of Chapter 163 of the General Statutes is recodified as Article 21 of Chapter 163A of the General Statutes.

SECTION 27. Article 11B of Chapter 163 of the General Statutes is recodified as Article 22 of Chapter 163A of the General Statutes.

SECTION 28. Article 12 of Chapter 163 of the General Statutes is recodified as Article 23 of Chapter 163A of the General Statutes.

SECTION 29. Article 12A of Chapter 163 of the General Statutes is recodified as Article 24 of Chapter 163A of the General Statutes.

SECTION 30. Article 13 of Chapter 163 of the General Statutes is recodified as Article 25 of Chapter 163A of the General Statutes.

SECTION 31. Article 14A of Chapter 163 of the General Statutes is recodified as Article 26 of Chapter 163A of the General Statutes.

SECTION 32. Article 15A of Chapter 163 of the General Statutes is recodified as Article 27 of Chapter 163A of the General Statutes.

SECTION 33. Article 17 of Chapter 163 of the General Statutes is recodified as Article 28 of Chapter 163A of the General Statutes.

SECTION 34. Article 18A of Chapter 163 of the General Statutes is recodified as Article 29 of Chapter 163A of the General Statutes.

SECTION 35. Article 19 of Chapter 163 of the General Statutes is recodified as Article 30 of Chapter 163A of the General Statutes.

SECTION 36. Article 21 of Chapter 163 of the General Statutes is recodified as Article 31 of Chapter 163A of the General Statutes.

SECTION 37. Article 22 of Chapter 163 of the General Statutes is recodified as Article 32 of Chapter 163A of the General Statutes.

SECTION 38. Article 22A of Chapter 163 of the General Statutes is recodified as Article 33 of Chapter 163A of the General Statutes.

SECTION 39. Article 22B of Chapter 163 of the General Statutes is recodified as Article 34 of Chapter 163A of the General Statutes.

SECTION 40. Article 22C of Chapter 163 of the General Statutes is recodified as Article 35 of Chapter 163A of the General Statutes.

SECTION 41. Article 22D of Chapter 163 of the General Statutes is recodified as Article 36 of Chapter 163A of the General Statutes.

SECTION 42. Article 22G of Chapter 163 of the General Statutes is recodified as Article 37 of Chapter 163A of the General Statutes.

SECTION 43. Article 22H of Chapter 163 of the General Statutes is recodified as Article 38 of Chapter 163A of the General Statutes.

SECTION 44. Article 22J of Chapter 163 of the General Statutes is recodified as Article 39of Chapter 163A of the General Statutes.

SECTION 45. Article 22M of Chapter 163 of the General Statutes is recodified as Article 40 of Chapter 163A of the General Statutes.

SECTION 46. Article 23 of Chapter 163 of the General Statutes is recodified as Article 41 of Chapter 163A of the General Statutes.

SECTION 47. Article 24 of Chapter 163 of the General Statutes is recodified as Article 42 of Chapter 163A of the General Statutes.

SECTION 48. Article 25 of Chapter 163 of the General Statutes is recodified as Article 43 of Chapter 163A of the General Statutes.

SECTION 49. The State Ethics Commission is transferred to the State Board of Elections and Ethics Enforcement, and the transfer shall have all the elements of a Type I transfer under G.S. 143A-6. The State Board of Elections is transferred to the State Board of Elections and Ethics Enforcement, and the transfer shall have all the elements of a Type I transfer under G.S. 143A-6. The lobbying registration and lobbying enforcement functions of the Secretary of State are transferred to the State Board of Elections and Ethics Enforcement, and the transfer shall have all the elements of a Type I transfer under G.S. 143A-6.

SECTION 50. The Revisor of Statutes shall change the terms "Commission," "Secretary of State," and "Secretary" to "State Board" wherever it appears in Chapter 163A of the General Statutes.

SECTION 51. The Revisor of Statutes shall change the term "State Board of Elections" to "State Board" wherever it appears in Chapter 163A of the General Statutes.

SECTION 52. The Revisor of Statutes shall change the cite "G.S. 138A-3" to "G.S. 163A-101" wherever it appears in the General Statutes.

SECTION 53. The State Board of Elections and Ethics Enforcement shall report to the 2012 Session of the 2011 General Assembly on or before May 1, 2012, and to the 2013 Regular Session of the General Assembly on or before February 1, 2013, as to recommendations for statutory changes necessary to further implement this consolidation.

SECTION 54. This act becomes effective July 1, 2011.