Bill Summaries: S646 (2025-2026 Session)

Tracking:
  • Summary date: Mar 31 2025 - View summary

    Adds new Article 17, Eligibility for State Government Employment, in GS Chapter 126, providing as follows. Sets out NCGA findings. Specifies that this Article applies to State employees in the executive, legislative, and judicial branches, including UNC and the community colleges.

    Makes a person ineligible for State employment if: (1) the person has been convicted of a covered offense related to the events at the US Capitol; (2) the person was pardoned for any or all of the person's actions involving the January 6 insurrection; (3) a federal or state court has found, after notice and opportunity for hearing, that the person engaged in insurrection or rebellion against the US in violation of section 3 of the Fourteenth Amendment to the US Constitution, or (4) clear and convincing evidence demonstrates the person engaged in infamous or disgraceful conduct through participation in efforts to disrupt the peaceful transfer of power, attack law enforcement, or undermine democratic institutions. Defines covered offense as any: a. federal offense relating to insurrection, rebellion, or domestic terrorism; b. conviction under 18 USC § 1752 relating to restricted building or grounds violations; c. conviction under 40 USC § 5104 relating to violent entry and disorderly conduct on Capitol grounds; or d. any substantially similar offense under State law. Defines infamous or disgraceful conduct as acts that demonstrate contempt for constitutional government, violence against democratic institutions, or conduct that brings disrepute to public service. Makes this applicable to: (1) hirings on or after July 1, 2025; (2) current employees upon discovery of disqualifying conduct or conviction of a covered offense; and (3) contract employees employed by a contractor doing business with the State.

    Sets out the procedure for terminating or denying employment to a person under this Article. Requires a determination of infamous or disgraceful conduct to be supported by clear and convincing evidence. Allows any person aggrieved by a final decision to seek judicial review in superior court.

    Includes a severability clause.

    Applies to employment decisions made on or after July 1, 2025.