Jonathan D. Miller for NC Senate

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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2027
S [Bill Number – to be assigned upon introduction]
SENATE BILL
Short Title: Tar and Feather Act of 2027.
(Public)
Sponsors: Senator Jonathan D. Miller.
Referred to: Joint Legislative Program Evaluation Oversight Committee

April 1, 2027

A BILL TO BE ENTITLED
AN ACT TO PROMOTE TRANSPARENCY, ACCOUNTABILITY, AND PUBLIC AMUSEMENT THROUGH THE ESTABLISHMENT OF EMBARRASSING REMEDIES FOR CERTAIN ETHICAL FLEXIBILITIES BY MEMBERS OF THE GENERAL ASSEMBLY.

The General Assembly of North Carolina enacts:

SECTION 1. This act shall be known and may be cited as the "Tar and Feather Act of 2027."

SECTION 2. Findings and Purpose.
The General Assembly finds that certain habitual practices by its members—while not constituting crimes, misdemeanors, or felonies under the laws of North Carolina—erode public confidence in legislative integrity and merit non-criminal, creative remedies designed to foster transparency, self-reflection, and public engagement through measured public embarrassment. The purpose of this act is to classify such practices as Highbinder Infractions, graded by degree, and to provide solely humorous, humiliating, and non-punitive remedies enforceable through the mechanisms herein, with no imposition of fines, imprisonment, or other traditional sanctions.

SECTION 3. Definitions.
The following definitions apply in this act and supersede any conflicting common or statutory usage solely for the purposes of this act:
(1) Highbinder Infraction. – Any act of ethical elasticity by a member of the General Assembly as classified by degree in Section 4 of this act. Such infractions shall not constitute a violation of any existing ethics statute, criminal law, or rule of the General Assembly but shall trigger only the embarrassing remedies provided herein.
(2) Little bitch. – A temporary, satirical designation applied to any member claiming physical, medical, emotional, or situational inability to perform a mandated remedial act under this act (excluding bona fide disabilities recognized under federal or state law), thereby qualifying for stand-in substitution by a willing volunteer. The term is used herein for humorous emphasis on performative reluctance and shall have no derogatory legal effect outside this act.
(3) Habitual offender. – A member who has committed three or more Highbinder Infractions of any degree during the same legislative biennium.
(4) All other terms not defined herein shall retain their ordinary meaning or any definition provided in the North Carolina General Statutes or rules of the General Assembly.

SECTION 4. Classification and Penalties for Highbinder Infractions.
Highbinder Infractions shall be graded by degree of ethical flexibility, with remedies escalating in theatrical humiliation. Determination of an infraction shall occur upon verified public complaint to the Legislative Ethics Commission (with anonymity option) or self-admission, subject to review by the Joint Legislative Program Evaluation Oversight Committee for compliance with this act. No infraction shall result in censure, expulsion, fine, or other sanction beyond the remedies listed.

(a) First Degree: District-Specific Earmarked Fiscal Allocation Preferentialism.
This infraction occurs when a member inserts, sponsors, advocates for, or votes in favor of funding provisions in an appropriation bill, budget resolution, or related measure that direct specified sums, projects, or benefits to narrowly localized entities, facilities, events, districts, counties, or personal political interests, rather than advancing broad statewide purposes through competitive, merit-based processes.
Penalty (First Offense): The member shall attend one full committee meeting (of the member's choosing or assigned by leadership) wearing a full porcine facial mask ("pig mask") procured at the member's expense. Whenever the member's name is stated on the official record, the member must immediately vocalize a single, clear "oink" audible to all present and captured on any recording or livestream. The mask shall remain worn for the entire meeting.
(Repeat Offenses / Habitual Offender): The member shall attend the committee meeting wearing the porcine facial mask plus a curly tail accessory (procured at the member's expense) and shall stand inside a barrel (provided by the Sergeant-at-Arms or procured at the member's expense) for the duration of the meeting instead of being seated at the member's desk or chair.

(b) Second Degree: Flippity Floppity.
This infraction occurs when a member materially reverses a previously stated position on a key legislative issue due to political expediency, polling data, donor influence, or partisan pressure, without substantive new evidence or compelling justification.
Penalty: The member must perform a full headstand (or equivalent inverted posture) for at least 30 seconds on the floor of the General Assembly during their next speaking turn or recognition. If the member qualifies as a little bitch or is physically unable due to disability or medical condition, a willing stand-in may perform the headstand while the member narrates the position reversal live. Failure triggers repetition at the next opportunity.

(c) Third Degree: Liar Liar.
This infraction occurs when a member fails to fully disclose financial interests, assets, loans, dealings, conflicts, or other required information on ethics forms, statements of economic interest, or in official inquiries, or provides materially false or misleading information therein.
Penalty: During a session of the General Assembly, the member must remove their pants (or outer trousers/skirt equivalent, preserving modesty undergarments consistent with chamber decorum), carry them outside the chamber to a designated area on the Capitol grounds, douse them in a state-approved flammable liquid (provided by the Sergeant-at-Arms), and set them ablaze in a controlled manner. This act allocates twenty-five thousand dollars ($25,000) from the General Fund for the one-time procurement and installation of a high-quality, artisan-made-in-North-Carolina smudge bowl to be placed in the Capitol rotunda. The smudge bowl shall be available for ceremonial use in promoting legislative transparency and public cleansing of ethical concerns. On days when no such ceremonial burning of a member's trousers occurs, members of the public are invited during daylight hours to add and burn tobacco, sage, cedar, sweet grass, commercial incense, or other nontoxic aromatic herbs in the smudge bowl, subject to reasonable safety protocols and oversight by the Sergeant-at-Arms or designated Capitol staff.

(d) Fourth Degree: Friends and Family Plan
This infraction occurs when a member, directly or indirectly, facilitates, advocates for, or benefits from the hiring, appointment, contracting, granting, or funding of any individual or entity with whom the member has a personal, familial, social, or professional relationship in a government position, government contractor role, nonprofit or non-governmental organization receiving state funds, grant, subsidy, or any other form of public financial benefit.
Penalty: For each undisclosed instance of such favoritism (each "count"), the member shall, at their own expense and effort, secure employment for one homeless individual from their legislative district with compensation equal to or exceeding the salary or benefit value provided to the favored individual or entity. If unable to secure such employment within 30 days of determination, the member shall instead raise and donate funds equal to five times the value of the favoritism (e.g., salary, grant amount) to homeless charities operating within their district, with public documentation of the donation required. Repeat offenses shall compound the number of required jobs or donations proportionally.

(e) Fifth Degree: Accepting Undisclosed Gifts & Perks.
This infraction occurs when a member accepts, fails to disclose, or benefits from gifts, perks, trips, meals, tickets, entertainment, or other items of value from lobbyists, special interests, regulated entities, or parties with business before the state, contrary to the spirit of ethics rules.
Penalty (Primary): An open internet poll (conducted for 72 hours on a neutral platform) shall determine the member's required attire for the next five (5) days of session proceedings. Voters submit descriptions; the top five vote-getters become options. The member procures and wears the selected attire at their own expense.
(Habitual Offender): For a member qualifying as a habitual offender, the primary penalty shall apply for the remainder of the legislative session: A new open internet poll shall be conducted every 72 hours (or as soon as the previous attire period ends), with the member required to wear the newly selected attire for the subsequent five days of session proceedings, continuing indefinitely until the session concludes or the member earns sufficient Immunity Tokens to offset.
(Repeat or Combined Offenses, Non-Habitual): Required upload of video reading constituent complaints to https://www.ncleg.gov/ for remainder of the session.

(f) Sixth Degree: Convictions of Misdemeanors or Felonies While a Sitting Member.
This degree applies to any member of the General Assembly who, while serving in office, is convicted of a misdemeanor or felony under the laws of North Carolina or the United States (whether committed before or during service, but adjudicated thereafter). The conviction must be final following exhaustion of appeals or waiver thereof.
Penalty:
Upon final conviction and certification thereof to the Legislative Ethics Commission or the presiding officer of the respective chamber, the Sergeant at Arms shall conduct a ceremonial tarring and feathering of the convicted member on the lawn of the State Capitol grounds, in a designated public area accessible to spectators and livestreamed for statewide viewing. The ceremony shall occur at noon on a date set by the Joint Legislative Program Evaluation Oversight Committee, no later than 30 days following certification of the conviction, provided it does not conflict with a regular session day.
The process shall proceed as follows, using only safe, non-toxic, removable materials to ensure no permanent harm, injury, or medical risk to the member:
The member shall be escorted by the Sergeant at Arms to the designated lawn area, dressed in period-appropriate colonial attire (procured at the member's own expense) symbolizing the historical roots of the punishment.
The member shall be positioned in an open, upright stance on a low platform or marked spot for visibility.
The Sergeant at Arms (or a designated assistant under direct supervision) shall apply a simulated tar substance—consisting of a non-toxic, water-soluble, skin-safe adhesive such as molasses, pine resin alternative, or commercially prepared theatrical tar—to the member's clothing and exposed skin areas (avoiding eyes, mouth, and sensitive regions).
Immediately following application of the simulated tar, feathers (synthetic or pre-sterilized natural feathers, procured at state expense) shall be liberally applied by hand or poured from containers so as to adhere to the tarred surfaces, creating the traditional appearance.
The member shall then be required to remain in place for a period of no less than 15 minutes, during which a public proclamation (read by the Sergeant at Arms or a designated crier) shall detail the nature of the conviction and the purpose of the ceremony as a symbolic reminder of accountability.
Following the proclamation, the member may depart the grounds under escort. Cleanup materials (warm water, mild solvents, and assistance) shall be provided on-site at state expense to facilitate removal of the substances.
This ceremonial process is purely symbolic, humiliating, and non-punitive in a criminal sense; it shall not result in physical injury, permanent marking, or any form of corporal punishment. Nothing in this penalty shall preclude the member from continuing to serve, sit, vote, or otherwise exercise the duties and privileges of their office in the General Assembly. The member remains fully eligible to hold their seat unless otherwise disqualified by existing constitutional or statutory provisions unrelated to this act. No Immunity Token may be used to avoid this penalty. All aspects of the ceremony shall be conducted with due regard for public safety, dignity (to the extent possible), and compliance with applicable health and environmental regulations.

SECTION 5. Immunity Provision.
A member shall automatically earn one Immunity Token per legislative session upon casting a recorded "nay" vote on any bill or amendment that is supported by a majority of their party caucus, regardless of whether the token is immediately needed. Tokens are earned whenever the qualifying vote occurs and are never spent automatically; however, a member may invoke and spend no more than one token per legislative session to avoid a penalty for one Highbinder Infraction.
The physical, personalized Immunity Token shall be made of tin, engraved with the member's name, district, the date of the qualifying "nay" vote, and the phrase "Immunity Token – Tar and Feather Act of 2027." The token shall be procured and inscribed at the member's own expense promptly after the qualifying vote and shall be retained by the member until invocation.
To invoke an Immunity Token and avoid a penalty under this act, the member must, during a session of the General Assembly and while recognized on the floor, publicly present the physical tin token to the presiding officer. The presiding officer shall put the question to the body: "Shall the Immunity Token presented by [Member's Name] be accepted, thereby exempting the member from the prescribed penalty for the identified Highbinder Infraction?" Acceptance requires a majority vote of the members present and voting. If accepted by majority vote, the token shall be immediately surrendered to the Sergeant-at-Arms and permanently displayed in a prominent location within the halls of the General Assembly (such as a dedicated display case in the rotunda or a designated ethics accountability corridor), where it shall remain on public view forever or until it naturally rusts away to nothing due to the passage of time and exposure to the elements.
The member must also deliver a sincere apology to the people of North Carolina for the ethical flexibility that necessitated its use. The apology shall be delivered orally, without script or teleprompter, and shall include an acknowledgment of the infraction and a commitment to greater accountability. The presentation, vote, acceptance (or rejection), and apology shall be recorded in the official journal and livestreamed for public viewing. Failure to comply with this procedure—including failure to present a properly inscribed tin token, obtain majority acceptance, or deliver the apology—shall render the token unusable for that infraction, and the penalty shall proceed as prescribed.
A member may earn multiple tokens in a session if they cast multiple qualifying "nay" votes, but may invoke and spend no more than one token per session per level of infraction. Unused tokens shall never expire.

SECTION 6. Enforcement and Administration.
The Legislative Ethics Commission shall administer complaint intake and initial verification. The Joint Legislative Program Evaluation Oversight Committee shall oversee implementation, ensure remedies remain non-punitive and entertaining, and recommend adjustments as needed. All polls, events, and compliance shall be livestreamed or posted publicly for maximum transparency and amusement. No provision of this act shall create a private cause of action or subject any member to civil or criminal liability.

SECTION 7. Effective Date.
This act is effective upon ratification and applies to the 2027-2028 legislative session and thereafter.