S771: Const Amend - Disaster Relief Emolument Excpt. Latest Version

Session: 2025 - 2026

Senate
Passed 1st Reading
Rules


AN ACT to add an exception to the emoluments prohibition of the State constitution for certain disaster relief to businesses.



The General Assembly of North Carolina enacts:



SECTION 1.  Section 32 of Article I of the Constitution of North Carolina reads as rewritten:



Sec. 32. Exclusive emoluments.



No person or set of persons is entitled to exclusive or separate emoluments or privileges from the community but in for one or more of the following:



(1)        In consideration of public services.



(2)        For restoration of privately‑owned built structures directly resulting from physical damage due to natural causes declared to be a major disaster by the government of the United States, as prescribed by law.



SECTION 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the statewide primary election to be held on March 3, 2026, which election shall be conducted in accordance with the laws governing elections at that time. The question to be used in the voting systems and ballots shall be:



[ ] FOR          [ ] AGAINST



Constitutional amendment allowing disaster relief in the form of real property restoration that would otherwise be prohibited by the emoluments clause for major natural disasters, as declared by the federal government.



SECTION 3.  The State Board of Elections shall certify the results of the referendum conducted under Section 2 of this act. If a majority of votes cast on the question are in favor of the amendment set out in Section 1 of this act, the Secretary of State shall enroll the amendment among the permanent records of that office. If a majority of votes cast on the question are against the amendment set out in Section 1 of this act, the amendment shall have no effect.



SECTION 4.  If the certification from the State Board of Elections under Section 3 of this act reflects that a majority of votes cast on the question are in favor of the amendment set out in Section 1 of this act, the amendment set out in Section 1 of this act is effective upon certification.



SECTION 5.  Except as otherwise provided, this act is effective when it becomes law.