Compare versions

--- version:Edition 1
+++ version:Filed
@@ -1,24 +1,24 @@
 GENERAL ASSEMBLY OF NORTH CAROLINA
 SESSION 2025
-S 1
-SENATE BILL 711
+S D
+SENATE BILL DRS35233-NO-31C
 
 Short Title: ROD Code of Ethics & Breach Notices/Costs. (Public)
 Sponsors: Senators Daniel, B. Newton, and Britt (Primary Sponsors).
-Referred to: Rules and Operations of the Senate
-March 26, 2025
-*S711-v-1*
+Referred to:
+
+*DRS35233-NO-31C*
 A BILL TO BE ENTITLED 1
 AN ACT REQUIRING COUNTY BOARDS OF COMMISSIONERS TO ADOPT A CODE OF 2
-ETHICS FOR REGISTERS OF DEEDS AND TO PRO VIDE A PROCESS TO RE MOVE 3
+ETHICS FOR REGISTERS OF DEEDS AND TO PROVIDE A PROCESS TO REMOVE 3
 A REGISTER OF DEEDS FROM OFFICE FOR CERTAIN ACTIONS FOUND TO BE IN 4
 VIOLATION OF THE CODE OF ETHICS AND REQUIRING THIRD-PARTY ENTITIES 5
 THAT CAUSE SECURITY BREACHES TO PAY FOR OR REIMBURSE NORTH 6
-CAROLINA GOVERNMENTS  FOR COSTS ASSOCIATE D WITH BREACH 7
+CAROLINA GOVERNMENTS FOR COSTS ASSOCIATED WITH BREACH 7
 NOTIFICATIONS UNDER THE IDENTITY THEFT PROTECTION ACT. 8
 The General Assembly of North Carolina enacts: 9
  10
-PART I. ESTABLISHING A CO DE OF ETHICS AND REM OVAL PROCESS FOR 11
+PART I. ESTABLISHING A CODE OF ETHICS AND REMOVAL PROCESS FOR 11
 REGISTERS OF DEEDS. 12
 SECTION 1.  Article 1 of Chapter 161 of the General Statutes is amended by adding 13
 a new section to read: 14
@@ -33,20 +33,24 @@
 (2) The need to uphold the integrity of the office. 23
 (3) The need to avoid impropriety in the exercise of the register of deeds' official 24
 duties. 25
-(4) The need to maintain professio nalism and respect toward the public, 26
+(4) The need to maintain professionalism and respect toward the public, 26
 employees, and all stakeholders associated with the office. 27
 (b) Complaint; Review. – A person alleging that a register of deeds has violated the code 28
 of ethics established under subsection (a) of this section may file a written complaint with the 29
 county manager providing sufficient information to adequately describe how the register of deeds 30
-allegedly violated the code of ethics. Upon receipt of the complaint, the county manage r shall, 31
+allegedly violated the code of ethics. Upon receipt of the complaint, the county manager shall, 31
 by registered mail, return receipt requested, give notice to the register of deeds that a complaint 32
 has been made against him or her and the allegations included in the complaint and shall inform 33
-the board of the complaint and allegations made ther ein. Not later than 10 business days after 34
+the board of the complaint and allegations made therein. Not later than 10 business days after 34
 receipt of the complaint, the register of deeds may respond in writing to the county manager. The 35
 county manager shall, in a closed review, promptly consider whether the allegations made in the 36
+FILED SENATE
+Mar 25, 2025
+S.B. 711
+PRINCIPAL CLERK
 General Assembly Of North Carolina Session 2025
-Page 2  Senate Bill 711-First Edition
-complaint constitute a violation of  the code of ethics established under subsection (a) of this 1
+Page 2  DRS35233-NO-31C
+complaint constitute a violation of  the code of ethics  established under subsection (a) of this 1
 section but, in no case, shall the closed review be held more than 15 business days after the 2
 complaint is filed.  If the county manager finds that the register of deeds violated the code of 3
 ethics, the county manager shall, in a written report, inform the board of his or her findings and 4
@@ -66,7 +70,7 @@
 is held. Notwithstanding the provisions of G.S. 153A-76(a) or any other provision of law, if the 18
 board determines, by a majority vote, that the register of deeds violated the code of ethics, the 19
 board may, but shall not be required to, impose one or more of the following sanctions: (i) private 20
-censure, (ii) public censure, (iii) suspension fr om office without pay , or (iv) r emoval from the 21
+censure, (ii) public censure, (iii) suspension from office without pay , or (iv) r emoval from the 21
 office of the register of deeds; provided, however, a register of deeds may be removed from office 22
 only if one of the following grounds is found: 23
 (1) Willful or habitual neglect or refusal to perform the duties of the office. 24
@@ -79,7 +83,7 @@
 (e) Vacancy of Office. – If the board suspends or removes a register of deeds from office 31
 pursuant to subsection (d) of this section, the board shall fill the vacant office as provided by 32
 G.S. 161-5. 33
-(f) Appeal. – A register of deeds may appeal any action take n by the board under 34
+(f) Appeal. – A register of deeds may appeal any action taken by the board under 34
 subsection (d) of this section to the judge of superior court resident in, or holding the courts of, 35
 the county in which the register of deeds holds office. The county shall be listed as the respondent 36
 in the register of deeds' appeal, and it shall be the duty of the county attorney to appear and defend 37
@@ -98,16 +102,16 @@
 a complaint is filed as provided in subsection (b) of this section,  the county has adopted the 50
 county-manager plan under Part 2 Article 5 of Chapter 153A of the General Statutes and the 51
 General Assembly Of North Carolina Session 2025
-Senate Bill 711-First Edition  Page 3
+DRS35233-NO-31C  Page 3
 register of deeds serves as clerk to the board as authorized by G.S. 161-23, the complaint shall 1
 be filed with the county manager, but the clerk of superior court of the county shall perform all 2
 duties imposed on the board under this section." 3
 SECTION 2.  G.S. 153A-76 reads as rewritten: 4
 "§ 153A-76.  Board of commissioners to organize county government. 5
-(a) The board of commissioners may create, change, abolish, and  consolidate offices, 6
+(a) The board of commissioners may create, change, abolish, and consolidate offices, 6
 positions, departments, boards, commissions, and agencies of the county government, may 7
 impose ex officio the duties of more than one office on a single officer, may change the 8
-composition and manner of selection of boards, commission s, and agencies, and may generally 9
+composition and manner of selection of boards, commissions, and agencies, and may generally 9
 organize and reorganize the county government in order to promote orderly and efficient 10
 administration of county affairs, subject to the following limitations: 11
 … 12
@@ -118,7 +122,7 @@
 "§ 161-23.  Clerk to board of commissioners. 17
 The register of deeds, or such other county officer or employee as the board of county 18
 commissioners shall designate in accordance with the provisions of G.S. 153-40, G.S. 153A-111, 19
-shall be ex officio clerk of the board of county commissioners, and as suc h shall perform the 20
+shall be ex officio clerk of the board of county commissioners, and as such shall perform the 20
 duties imposed by law or by order of said board." 21
  22
 PART II. SECURITY BREACH NOTIFICATIONS AND ASSOCIATED COSTS. 23
@@ -129,10 +133,10 @@
 applicable State or federal regulation, results from the acts or omissions of a third -party vendor 28
 or contractor, the third -party vendor or contractor  shall pay for or reimburse  a North Carolina 29
 governmental entit y for the full cost of the notifications required by G.S. 75-65 and any 30
-associated legal fees. This payment shall be made either through the thir d party's cyber liability 31
+associated legal fees. This payment shall be made either through the third party 's cyber liability 31
 insurance provider or through the third party's own entity funds." 32
  33
 PART III. EFFECTIVE DATE. 34
-SECTION 5.  Section 4 of this act is effective when it becomes law and applies to 35
-acts and omissions occurring on or after that date. The remainder of this act is effective when it 36
+SECTION 5.  Section 4 of this  act is effective when it becomes law and applies to 35
+acts and omissions occurring on or after that date.  The remainder of this act is effective when it 36
 becomes law. 37