North Carolina SB 469: Presidential Electors.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 469

Short Title: Improper Action Claims Act. (Public)
Sponsors: Senators Moffitt and Hanig (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S469-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO CREATE AN ACTION FOR IMPROPER ACTIONS FOR PUBLIC ENTITIES 2
ACT. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Chapter 1 of the General Statutes is amended by adding a new Article 5
to read: 6
"Article 51A. 7
"Improper Action Claims Act. 8
"§ 1-620. Improper actions claims. 9
(a) Short Title; Purpose. – This Article shall be known and may be cited as the "Improper 10
Action Claims Act." The purpose of this Article is to allow citizens of the State who become 11
aware of actions by a public entity that do not comply with legislation enacted by the State to 12
have a cause of action against the public entity to cure noncompliance and to provide remedies 13
in the form of damages. 14
(b) The following definitions apply in this Article: 15
(1) Attorney General. – The Attorney General of North Carolina, or any deputy, 16
assistant, or associate attorney general. 17
(2) Judiciary. – A justice or judge of the General Court of Justice or clerk of court. 18
(3) Knowing or knowingly. – Whenever a person, with respect to information, 19
does any of the following: 20
a. Has actual knowledge of the information. 21
b. Acts in deliberate ignorance of the truth or falsity of the information. 22
c. Acts in reckless disregard of the truth or falsity of the information. 23
Proof of specific intent to not comply with an obligation is not required. 24
(4) Material. – Having a natural tendency to influence, or be capable of 25
influencing, a decision to comply or not comply with an obligation. 26
(5) Obligation. – An established duty, whether or not fixed, arising from 27
regulation, statute, or other legally enacted or adopted directive. 28
(6) Public entity. – Any board, commission, department, executive department, 29
officer, institution, and any political subdivision of the State. 30
(7) Senior executive branch official. – The Governor, Lieutenant Governor, 31
member of the Council of State, or head of department as defined in 32
G.S. 143B-3. 33
(c) Claim of Inaction on an Obligation. – A public entity that knowingly fails to comply 34
with an obligation shall be liable for a civil penalty of not less than five thousand five hundred 35
dollars ($5,500) and not more than eleven thousand dollars ($11,000) and for the costs of a civil 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 469-First Edition
action to recover any of those penalties or damages. For purposes of this Article, a public entity 1
may be sued notwithstanding any statutory or governmental immunity that the public entity could 2
otherwise invoke in any civil action not arising under this Article. 3
(d) Responsibilities of the Attorney General. – The Attorney General diligently shall 4
investigate a violation under this section. If the Attorney General finds that a public entity has 5
violated or is violating this section, the Attorney General may bring a civil action under this 6
section against that public entity. 7
(e) Actions by Private Persons. – A person may bring a civil action for a violation of this 8
section for the person and for the State, as follows: 9
(1) The action shall be brought in the name of the State, and the person bringing 10
the action shall be referred to as the qui tam plaintiff. The action may be 11
dismissed only if the court and the Attorney General have given written 12
consent to the dismissal and the reasons for consenting. 13
(2) A copy of the complaint and written disclosure of substantially all material 14
evidence and information the person possesses shall be served on the Attorney 15
General pursuant to applicable rules of the North Carolina Rules of Civil 16
Procedure. The complaint shall be filed in camera, shall remain under seal for 17
at least 120 days, and shall not be served on the defendant public entity until 18
the court so orders. The State may elect to intervene and proceed with the 19
action within 120 days after it receives both the complaint and the material 20
evidence and information. 21
(3) The State may, for good cause shown, move the court for extensions of the 22
time during which the complaint remains under seal under subdivision (2) of 23
this subsection. Any such motions may be supported by affidavits or other 24
submissions in camera. The defendant public entity shall not be required to 25
respond to any complaint filed under this section until 30 days after the 26
complaint is unsealed and served upon the defendant public entity pursuant to 27
the North Carolina Rules of Civil Procedure. 28
(4) Before the expiration of the 120-day period or any extensions obtained under 29
subdivision (3) of this subsection, the State shall: 30
a. Proceed with the action, in which case the action sha