GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 93

Short Title:  Fund-Raising in Session.	(Public)

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Sponsors: Representative Ellis.

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Referred to:  Judiciary II.

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February 2, 1995

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THE LIMITATIONS ON FUND-RAISING DURING LEGISLATIVE SESSIONS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 163-278.13A reads as rewritten:
"§ 163-278.13A.  No fund-raising from lobbyists or political committees for legislators or Council of State members while General Assembly is in regular session.
(a)	While the General Assembly is in regular session, none of the following entities may solicit or accept a contribution from a political committee or from an individual registered as a lobbyist pursuant to Article 9A of Chapter 120 of the General Statutes:
(1)	A member of the Council of State; or
(2)	A member of the General Assembly; or
(3)	A political committee the principal purpose of which is to assist a member of the Council of State or General Assembly.
(b)	While the General Assembly is in regular session, no individual registered as a lobbyist under Article 9A of Chapter 120 of the General Statutes and no political committee may make a contribution to any of the entities listed in subdivisions (1) through (3) of subsection (a) of this section.
(c)	This section does not apply to:
(1)	Any contribution made to or by a State, county or congressional district executive committee of a political party; or
(2)	Any contribution made to or solicited for a political committee that operates on a Statewide basis for the purpose of assisting a political party's candidates for Council of State or General Assembly; or
(3)	Any contribution made by a member of the Council of State or General Assembly to a political committee the principal purpose of which is to assist himself; or
(4)	Any contribution made to or any solicitation for a nonprofit organization under 26 U.S.C. § 501(c); or
(5)	Any contribution accepted with the intent that it be used to defray legal or other expenses incurred in connection with the contesting of election results; or
(6)	Any contribution to any of the entities listed in subdivisions (1) through (3) of subsection (a) of this section if the member of the Council of State or General Assembly has filed an official notice of candidacy with the appropriate board of elections for any elective office, provided the contribution is for the elective office for which the member has filed.
(d)	A violation of this section is a Class 2 misdemeanor, but no individual or person shall be prosecuted under this section for accepting or making a contribution unless the State Board of Elections has notified the individual or person of the apparent violation in writing by certified mail, has given the individual or person an opportunity to return or to request the return of the contribution, and, within 10 days of the receipt of the notification, the individual or person has failed to return or to request the return of the contribution.
(e)	For purposes of this section, the General Assembly is in regular session from the date set by law or resolution that the General Assembly convenes until the General Assembly either:
(1)	Adjourns sine die; or
(2)	Recesses or adjourns for more than 10 days."
Sec. 2.  This act becomes effective July 1, 1995, and applies to offenses occurring on or after that date.