Bill Text: NC S725 | 2011-2012 | Regular Session | Amended
Bill Title: Campaign Finance Reform
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2011-04-20 - Ref To Com On Judiciary I [S725 Detail]
Download: North_Carolina-2011-S725-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 1
SENATE BILL 725
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Short Title: Campaign Finance Reform. |
(Public) |
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Sponsors: |
Senators Hise, Goolsby; Brock, Hunt, and Rouzer. |
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Referred to: |
Judiciary I. |
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April 20, 2011
A BILL TO BE ENTITLED
AN ACT to make changes to the campaign finance law.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 163‑277 reads as rewritten:
"§ 163‑277.
Compelling self‑incriminating testimony; person so testifying excused
from prosecution.testimony.
No person shall be excused from attending or testifying or
producing any books, papers or other documents before any court or magistrate
upon any investigation, proceeding or trial for the violation of any of the
provisions of this Article, upon the ground or for the reason that the
testimony or evidence, documentary or otherwise, required of him that
person may tend to incriminate or degrade him, that person.
but suchSuch person may be subpoenaed and required to testify by and
for the State relative to any offense arising under the provisions of this Article;
Article.but such person shall not be prosecuted or subjected to
any penalty or forfeiture for or on account of any transaction, matter or thing
concerning which he may so testify or produce evidence, documentary or
otherwise, and no testimony so given or produced shall be used against him upon
any criminal investigation or proceeding, but such person so compelled to
testify with respect to any acts of his own shall be immune from prosecution on
account thereof, and shall be pardoned for any violation of law about which
such person shall be so required to testify."
SECTION 2. G.S. 163‑278.19B reads as rewritten:
"§ 163‑278.19B.
Political party headquarters building funds.
Notwithstanding the provisions of G.S. 163‑278.19,
a person prohibited by that section from making a contribution may donate to
political parties parties, and political parties may accept from
such a person person, money and other things of value donated to
a political party headquarters building fund. Donations to the political
party headquarters building fund shall be subject to all the following
rules:
(1) The donations solicited and accepted are designated
to the political party headquarters building fund.
(2) Potential donors to that fund are advised that all
donations will be exclusively for the political party headquarters building fund.
(3) The political party establishes a separate
segregated bank account into which shall be deposited only donations for the
political party headquarters building fund from persons prohibited by G.S. 163‑278.19
from making contributions.
(4) The donations deposited in the separate segregated
bank account for the political party headquarters building fund will be
spent only to purchase a headquarters building, to construct a headquarters
building, to renovate a headquarters building, to pay a mortgage on a
headquarters building, or to repay donors if a headquarters building is not
purchased, constructed, or renovated. Donations deposited into that account
shall not be used for headquarters rent, utilities, or equipment other than
fixtures.for liabilities of the political party. For purposes of this
subdivision, liabilities of the political party shall not include salaries of
staff employed by the political party, electioneering communications,
independent expenditures, contributions, or get-out-the-vote efforts.
(5) The political party executive committee shall
report donations to and spending by a political party headquarters building fund
on every report required to be made by G.S. 163‑278.9. If a
committee is excused from making general campaign finance reports under G.S. 163‑278.10A,
that committee shall nonetheless report donations in any amount to and spending
in any amount by the political party headquarters building fund at the
times required for reports in G.S. 163‑278.9.
If all the criteria set forth in subdivisions (1) through (5) of
this section are complied with, then donations to and spending by a political
party headquarters building fund do not constitute contributions or
expenditures as defined in G.S. 163‑278.6. If those criteria are
complied with, then donations may be made to a political party headquarters building
fund."
SECTION 3. G.S. 163‑278.34 reads as rewritten:
"§ 163‑278.34. Civil penalties.
(a) Civil Penalties for Late Filing. – Except as provided in G.S. 163‑278.9 and G.S. 163‑278.9A, all reports, statements or other documents required by this Article to be filed with the Board shall be filed either by manual delivery to or by mail addressed to the Board. Timely filing shall be complete if postmarked on the day the reports, statements or other documents are to be delivered to the Board. If a report, statement or other document is not filed within the time required by this Article, then the individual, person, media, candidate, political committee, referendum committee or treasurer responsible for filing shall pay to the State Board of Elections election enforcement costs and a civil late penalty as follows:
(1) Two hundred fifty dollars ($250.00) per day for each day the filing is late for a report that affects statewide elections, not to exceed a total of ten thousand dollars ($10,000); and
(2) Fifty dollars ($50.00) per day for each day the filing is late for a report that affects only nonstatewide elections, not to exceed a total of five hundred dollars ($500.00).
If the form is filed by mail, no civil late penalty shall be assessed for any day after the date of postmark. No civil late penalty shall be assessed for any day when the Board office at which the report is due is closed. The State Board shall immediately notify, or cause to be notified, late filers, from which reports are apparently due, by mail, of the penalties under this section. The State Board of Elections may waive a late penalty if it determines there is good cause for the waiver.
If the Board determines by clear and convincing evidence that the late filing constitutes a willful attempt to conceal contributions or expenditures, the Board may assess a civil penalty in an amount to be determined by that Board, plus the costs of investigation, assessment, and collection. The civil penalty shall not exceed three times the amount of the contributions and expenditures willfully attempted to be concealed.
(b) Civil Penalties for Illegal Contributions and Expenditures. – If an individual, person, political committee, referendum committee, candidate, or other entity intentionally makes or accepts a contribution or makes an unlawful expenditure in violation of this Article, then that entity shall pay to the State Board of Elections, in an amount to be determined by that Board, a civil penalty and the costs of investigation, assessment, and collection. The civil penalty shall not exceed three times the amount of the unlawful contribution or expenditure involved in the violation. The State Board of Elections may, in addition to the civil penalty, order that the amount unlawfully received be paid to the State Board by check, and any money so received by the State Board shall be deposited in the Civil Penalty and Forfeiture Fund of North Carolina.
(c) Civil Remedies Other Than Penalties. – The State Board of Elections, in lieu of or in addition to imposing a civil penalty under subsection (a) or (b) of this section, may take one or more of the following actions with respect to a violation for which a civil penalty could be imposed:
(1) Issue an order requiring the violator to cease and desist from the violation found.
(2) Issue an order to cease receiving contributions and making expenditures until a delinquent report has been filed and any civil penalty satisfied.
(3) Issue an order requiring the violator to take any remedial action deemed appropriate by the Board.
(4) Issue an order requiring the violator to file any report, statement, or other information as required by this Article or the rules adopted by the Board.
(5) Publicly reprimand the violator for the violation.
(d) Facts in Mitigation. – An individual or other entity notified that a penalty has been assessed against it may submit an affidavit to the State Board of Elections stating the facts in mitigation. The State Board of Elections may waive a civil penalty in whole or in part if it determines there is good cause for the waiver.
(e) Calculation and Assessment. – The State Board shall calculate and assess the amount of the civil penalty due under subsection (a) or (b) of this section and shall notify the person who is assessed the civil penalty of the amount. The notice of assessment shall be served by any means authorized under G.S. 1A‑1, Rule 4, and shall direct the violator either to pay the assessment or to contest the assessment within 30 days by filing a petition for a contested case under Article 3 of Chapter 150B of the General Statutes. If a violator does not pay a civil penalty assessed by the Board within 30 days after it is due, the Board shall request the Attorney General to institute a civil action to recover the amount of the assessment. The civil action may be brought in the superior court of any county where the report was due to be filed or any county where the violator resides or maintains an office. A civil action must be filed within three years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. The State Board of Elections shall pay the clear proceeds of civil penalties collected under this section to the Civil Penalty and Forfeiture Fund pursuant to G.S. 115C‑457.2. The State Board of Elections shall reduce the monies collected by the enforcement costs and the collection costs to determine the clear proceeds payable to the Civil Penalty and Forfeiture Fund. Monies set aside for the costs of enforcement and the costs of collection shall be credited to accounts of the State Board of Elections.
(e1) A candidate shall be jointly and severally liable for any civil penalty assessed by the State Board against a candidate campaign committee if the candidate campaign committee organized by the candidate has no moneys with which to pay the assessed civil penalty. As used in this subsection, the term "candidate campaign committee" means the same as in G.S. 163‑278.38Z(3).
(f) Notifying and Consulting With District Attorney. – Before assessing a civil penalty under subsection (b) of this section or imposing a civil remedy under subsection (c) of this section, the State Board of Elections shall notify and consult with the district attorney who would be responsible under G.S. 163‑278.27 for bringing a criminal prosecution concerning the violation."
SECTION 4. G.S. 163‑278.35 reads as rewritten:
"§ 163‑278.35. Preservation of records.
All reports, records and accounts required by this Article to
be made, kept, filed, or maintained by any individual, media, candidate or
treasurer shall be preserved and retained by the individual, media, candidate
or treasurer for at least two years counting from the date of the election the
last report due to be filed with the appropriate board of elections to
which such reports, records and accounts refer. All reports, records, and
accounts include any underlying documentation upon which the information in the
last report due to be filed with the appropriate board of elections is based."
SECTION 5. G.S. 163‑278.13(e3) is repealed.
SECTION 6. This act becomes effective January 1, 2012, and applies to elections held on or after that date.
