§ 138A-37. Legislator participation in official actions. - North Carolina Statutes

§ 138A‑37.  Legislatorparticipation in official actions.

(a)        Except as permittedunder G.S. 138A‑38, no legislator shall participate in a legislativeaction if the legislator knows the legislator or a person with which thelegislator is associated may incur a reasonably foreseeable financial benefitfrom the action, and if after considering whether the legislator's judgmentwould be substantially influenced by the financial benefit and considering theneed for the legislator's particular contribution, including special knowledgeof the subject matter to the effective functioning of the legislature, thelegislator concludes that an actual financial benefit does exist which wouldimpair the legislator's independence of judgment.

(a1)      The legislator shallsubmit in writing to the principal clerk of the house of which the legislatoris a member the reasons for the abstention from participation in thelegislative matter.

(b)        If the legislatorhas a material doubt as to whether the legislator should act, the legislatormay submit the question for an advisory opinion to the State Ethics Commissionin accordance with G.S. 138A‑13 or the Legislative Ethics Committee inaccordance with G.S. 120‑104.  (2006‑201, s. 1; 2007‑347, s. 13; 2008‑213,s. 84(b).)