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Bill

SB 771

Relating to funding for rodeo repairs.

2025 Regular Session Introduced by Bobby Levy and 2 co-sponsors

Constitutional amendment to permit targeted disaster-relief restoration of privately owned structures damaged by federally declared major disasters, as prescribed by law.

In committee upon adjournment.
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Bill Summary · SB 771

SB 771 — Constitutional Amendment: Disaster‑Relief Emolument Exception (North Carolina)

Main purpose

SB 771 proposes a constitutional amendment to Article I, Section 32 of the North Carolina Constitution to add a narrow exception to the State’s prohibition on “exclusive or separate emoluments or privileges.” The amendment would permit emoluments or privileges for the restoration of privately‑owned built structures that were directly damaged by natural causes when the event has been declared a major disaster by the federal government.

Key provisions

  • Amends Section 32 (Exclusive emoluments) of Article I to add a second exception:
    • (1) existing exception for consideration of public services remains; and
    • (2) a new exception allowing restoration of privately‑owned built structures directly resulting from physical damage caused by natural causes declared a major disaster by the U.S. government, “as prescribed by law.”
  • The text makes clear this is a constitutional change (not statutory), so enabling legislation or rules would be required to specify details of “as prescribed by law.”
  • Ballot language to be submitted to voters (as required for constitutional amendments):
    • " 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."
  • Implementation: If approved by a majority of voters, the amendment becomes effective upon certification by the State Board of Elections and enrollment by the Secretary of State.

Who would be affected

  • Primary beneficiaries: owners of privately‑owned built structures (including businesses and possibly residential property owners) that sustain physical damage from federally declared major natural disasters, because targeted restoration assistance could be provided without running afoul of the constitutional emoluments prohibition.
  • State and local governments: would gain constitutional authority to authorize certain types of targeted disaster relief (e.g., grants, rebuilding assistance) that previously might have been constrained by the emoluments clause.
  • Ethical/oversight stakeholders: the change could prompt new statutory rules, eligibility criteria, and oversight structures to govern how targeted relief is administered.

Procedural / timeline details

  • Introduced: Filed June 25, 2025; Passed first reading in the Senate on June 26, 2025 (sponsor: Sen. Hise).
  • Because it is a proposed constitutional amendment, it must be submitted to the voters. The bill specifies submission at the statewide primary election on March 3, 2026.
  • If a majority of ballots on the question are in favor, State Board of Elections certifies results and the Secretary of State enrolls the amendment among permanent records; it becomes effective upon certification.

Potential implications and considerations

  • Allows narrowly targeted restoration aid following federally declared disasters without violating the emoluments prohibition; may facilitate quicker or more tailored recovery programs for damaged property.
  • The phrase “as prescribed by law” means implementing statutes will determine program design, eligibility, and safeguards — those future laws will shape the practical effects.
  • Because the amendment alters a constitutional restriction on targeted benefits, it raises questions about how to prevent favoritism or ensure transparent, equitable distribution; oversight and statutory limits would be important.

Related/companion bill: HB 1663.

Compiled from official sources — confirm details with the bill’s official record.

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