North Carolina HB 6: Obstructing Legislative Process.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H 4

HOUSE BILL 6
Committee Substitute Favorable 3/16/93
Committee Substitute #2 Favorable 4/7/93
Fourth Edition Engrossed 4/12/93

Short Title: Obstructing Legislative Process. (Public)
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Referred to:
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January 28, 1993

A BILL TO BE ENTITLED 1
AN ACT TO MAKE IT UNLAWFUL TO OBSTRUCT THE LEGISLATIVE 2
INQUIRY PROCESS, TO INTERFERE WITH CONTRACTS OF THE 3
LEGISLATIVE BRANCH, AND TO EXCLUDE VIOLATORS FROM 4
GOVERNMENT PROCUREMENT PROGRAMS. 5
The General Assembly of North Carolina enacts: 6
Section 1. Chapter 120 of the General Statutes is amended by adding a new 7
Article to read: 8
"ARTICLE 5B. 9
"INTERFERENCE WITH LEGISLATIVE PROCESS. 10
"§ 120-19.20. Obstruction of the legislative process. 11
(a) It is a Class J felony for a person: 12
(1) Corruptly; and 13
(2) By bribery, threat, or force 14
to influence, obstruct, or impede, or endeavor to influence, obstruct, or impede, the due 15
and proper exercise of the power of inquiry under which any inquiry or investigation is 16
being had by either house, any committee of either house, any joint committee, any 17
committee, subcommittee, or commission established under this Chapter, or any 18
committee or subcommittee within the legislative branch. 19
(b) For the purposes of this section, a person acts corruptly if that person intends 20
to influence a person to violate a legal duty in order to obtain a pecuniary gain. 21

GENERAL ASSEMBLY OF NORTH CAROLINA 1993
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(c) Subsection (a) of this section shall not apply to acts or communications 1
protected by the Constitution of the United States or of this State. 2
"§ 120-19.21. Interference with contract process. 3
(a) It is a misdemeanor, punishable by imprisonment for not more than six 4
months, or fine of not more than ten thousand dollars ($10,000), or both, for a person to 5
interfere with existing or prospective contractual relations between the General 6
Assembly and any person, if such conduct would be tortious interference. 7
(b) For the purpose of this section, 'General Assembly' means the Legislative 8
Services Office, the Legislative Research Commission, or any of its committees or 9
subcommittees, any committee, subcommittee, or commission established by this 10
Chapter, the House of Representatives, the Senate, the Legislative Services Office, or 11
any other board or commission within the legislative branch. 12
"§ 120-19.22. Violators excluded from procurement process. 13
(a) The Secretary of Administration shall suspend a person who has been 14
convicted of a violation of G.S. 120-19.20 or G.S. 120-19.21 from entering into any 15
contract with the State, or any of its agencies, boards, committees, councils, or 16
commissions, including The University of North Carolina, and any county, city, or other 17
political subdivision of the State. Suspension includes the individual violator and may 18
include the following, unless the suspension decision is limited by its terms: 19
(1) All divisions or other organizational elements of a business owned by 20
the violator; 21
(2) The partnership where a partner in a partnership is the violator for an 22
offense involving the business activities of the partnership; 23
(3) Corporations, or other entities, for which the individual violator was 24
acting as an agent; and 25
(4) Affiliates of the violator at the discretion of the Secretary of 26
Administration. Business concerns, organizations, or individuals are 27
affiliates of each other if either one controls or has the power to control 28
the other or a third party controls or has the power to control both 29
including, but not limited to, interlocking management or ownership, 30
identity of interests among family members or shared facilities, 31
equipment, or employees. 32
Suspension from contracting also extends to subcontracting with any contractor. 33
(b) Suspension shall be for a period of not less than six months nor more than 34
three years, based on the seriousness of the offense. The Secretary shall reverse the 35
suspension upon reversal of the conviction under G.S. 120-19.20 or G.S. 120-19.21. 36
(c) Prior to suspension under subsection (a) of this section, the Secretary shall 37
give a written notice of the proposed suspension to all parties to be suspended under 38
subsection (a) of this section which notice shall include the proposed period of 39
suspension. The Secretary shall allow the parties 30 days following mailing of the 40
notice to submit in writing information and argument in opposition to the proposed 41
period and scope of suspension. Following the expiration of this 30-day period, the 42
Secretary shall give notice of suspension to the parties. The notice shall include the 43

1993 GENERAL ASSEMBLY OF NORTH CAROLINA
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period of suspension. Suspension may b