§ 138A-31. Use of public position for private gain.
Article 4.
Ethical Standards forCovered Persons.
§ 138A‑31. Use ofpublic position for private gain.
(a) Except as permittedunder G.S. 138A‑38, a covered person or legislative employee shall notknowingly use the covered person's or legislative employee's public position inan official action or legislative action that will result in financial benefitto the covered person or legislative employee, a member of the covered person'sor legislative employee's extended family, or business with which the coveredperson or legislative employee is associated. This subsection shall not applyto financial or other benefits derived by a covered person or legislativeemployee that the covered person or legislative employee would enjoy to anextent no greater than that which other citizens of the State would or couldenjoy, or that are so remote, tenuous, insignificant, or speculative that areasonable person would conclude under the circumstances that the coveredperson's or legislative employee's ability to protect the public interest andperform the covered person's or legislative employee's official duties wouldnot be compromised.
(b) A covered personshall not mention or permit another person to mention the covered person'spublic position in nongovernmental advertising that advances the privateinterest of the covered person or others. The prohibition in this subsectionshall not apply to political advertising, news stories, news articles, theinclusion of a covered person's position in a directory or biographicallisting, or the charitable solicitation for a nonprofit business entityqualifying under 26 U.S.C. § 501(c)(3). Disclosure of a covered person'sposition to an existing or prospective customer, supplier, or client is notconsidered advertising for purposes of this subsection when the disclosurecould reasonably be considered material by the customer, supplier, or client.
(c) NotwithstandingG.S. 163‑278.16A, no covered person shall use or permit the use of Statefunds for any advertisement or public service announcement in a newspaper, onradio, television, magazines, or billboards, that contains that coveredperson's name, picture, or voice, except in case of State or national emergencyand only if the announcement is reasonably necessary to the covered person'sofficial function. This subsection shall not apply to fund‑raising onbehalf of and aired on public radio or public television. (2006‑201, s. 1; 2009‑549,s. 16.)