(a)        As used in this Article, the following terms mean:

(1)        Commission. – The State Ethics Commission under Chapter 138A of the N.C. Gen. Stat..

(3)        Designated individual. – A legislator, legislative employee, or public servant.

(5)        Executive action. – The preparation, research, drafting, development, consideration, modification, amendment, adoption, approval, tabling, postponement, defeat, or rejection of a policy, guideline, request for proposal, procedure, regulation, or rule by a public servant purporting to act in an official capacity. This term does not include any of the following:

a.         Present, prior, or possible proceedings of a contested case hearing under Chapter 150B of the N.C. Gen. Stat., of a judicial nature, or of a quasi-judicial nature.

b.         A public servant’s communication with a person, or another person on that person’s behalf, with respect to any of the following:

1.         Applying for a permit, license, determination of eligibility, or certification.

2.         Making an inquiry about or asserting a benefit, claim, right, obligation, duty, entitlement, payment, or penalty.

3.         Making an inquiry about or responding to a request for proposal made under Chapter 143 of the N.C. Gen. Stat..

4.         Ratemaking.

c.         Internal administrative functions, including those functions exempted from the definition of “rule” in N.C. Gen. Stat. § 150B-2(8a).

d.         Ministerial functions.

e.         A public servant’s communication with a person or another person on that person’s behalf with respect to public comments made at an open meeting, or submitted as written comment, on a proposed executive action in response to a request for public comment, provided the identity of the person on whose behalf the comments are made is disclosed as part of the public participation, and no reportable expenditure is made.

(7)        In session. – One of the following:

a.         The General Assembly is in extra session from the date the General Assembly convenes until the General Assembly:

1.         Adjourns sine die.

2.         Recesses or adjourns for more than 10 days.

b.         The General Assembly is in regular session from the date set by law or resolution that the General Assembly convenes until the General Assembly:

1.         Adjourns sine die.

2.         Recesses or adjourns for more than 10 days.

(9)        Legislative action. – The preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, tabling, postponement, defeat, or rejection of a bill, resolution, amendment, motion, report, nomination, appointment, or other matter, whether or not the matter is identified by an official title, general title, or other specific reference, by a legislator or legislative employee acting or purporting to act in an official capacity. It also includes the consideration of any bill by the Governor for the Governor’s approval or veto under Article II, Section 22(1) of the Constitution or for the Governor to allow the bill to become law under Article II, Section 22(7) of the Constitution.

(11)      Legislative employee. – Employees and officers of the General Assembly, consultants and counsel to committees of either house of the General Assembly or of legislative commissions, who are paid by State funds, and students at an accredited law school while in an externship program at the General Assembly approved by the Legislative Services Commission, but not including legislators, members of the Council of State, nonsupervisory employees of the Administrative Division’s Facility Maintenance and Food Services staff, or pages.

(13)      Repealed by Session Laws 2018-146, s. 4.1(a), effective December 27, 2018.

(15)      Liaison personnel. – Any State employee, counsel employed under N.C. Gen. Stat. § 147-17, or officer whose principal duties, in practice or as set forth in that individual’s job description, include lobbying legislators or legislative employees.

(17)      Lobby or Lobbying. – Any of the following:

a.         Influencing or attempting to influence legislative or executive action, or both, through direct communication or activities with a designated individual or that designated individual’s immediate family.

b.         Developing goodwill through communications or activities, including the building of relationships, with a designated individual or that designated individual’s immediate family with the intention of influencing current or future legislative or executive action, or both.

The terms “lobby” or “lobbying” do not include communications or activities as part of a business, civic, religious, fraternal, personal, or commercial relationship which is not connected to legislative or executive action, or both.

(19)      Lobbyist. – An individual who engages in lobbying for payment and meets any of the following criteria:

a.         Represents another person or governmental unit, but is not directly employed by that person or governmental unit.

b.         Contracts for payment for lobbying.

c.         Is employed by a person and a significant part of that employee’s duties include lobbying. In no case shall an employee be considered a lobbyist if in no 30-day period less than five percent (5%) of that employee’s actual duties include engaging in lobbying as defined in subdivision (17)a. of this section or if in no 30-day period less than five percent (5%) of that employee’s actual duties include engaging in lobbying as defined in subdivision (17)b. of this section.

The term “lobbyist” shall not include individuals who are specifically exempted from this Chapter by N.C. Gen. Stat. § 120C-700 or registered as liaison personnel under Article 5 of this Chapter.

(21)      Lobbyist principal and principal. – The person or governmental unit on whose behalf the lobbyist lobbies and who makes payment for the lobbying. In the case where a lobbyist is paid by a law firm, consulting firm, or other entity retained by a person or governmental unit for lobbying, the principal is the person or governmental unit whose interests the lobbyist represents in lobbying. In the case of a lobbyist employed or retained by an association or other organization, the lobbyist principal is the association or other organization, not the individual members of the association or other organization.

The term “lobbyist principal” shall not include those designating registered liaison personnel under Article 5 of this Chapter.

(22)      through (31) Reserved for future codification purposes.

(32)      Payment. – Any money, thing of value, or economic benefit conveyed to the lobbyist for lobbying, other than reimbursement of actual travel, administrative expenses, or subsistence.

(34)      Reportable expenditure. – Any of the following that directly or indirectly is made to, at the request of, for the benefit of, or on the behalf of a designated individual or that individual’s immediate family member:

a.         Any advance, contribution, conveyance, deposit, distribution, payment, gift, retainer, fee, salary, honorarium, reimbursement, loan, pledge, or thing of value greater than ten dollars ($10.00) per designated individual per single calendar day.

b.         A contract, agreement, promise, or other obligation whether or not legally enforceable.

(36)      Solicitation of others. – A solicitation of members of the public to communicate directly with or contact one or more designated individuals to influence or attempt to influence legislative or executive action to further the solicitor’s position on that legislative or executive action, when that request is made by any of the following methods:

a.         A broadcast, cable, or satellite transmission.

b.         An e-mail communication or a Web site posting.

c.         A communication delivered by print media as defined in N.C. Gen. Stat. § 163-278.38Z.

d.         A letter or other written communication delivered by mail or by comparable delivery service.

e.         Telephone.

f.          A communication at a conference, meeting, or similar event.

The term “solicitation of others” does not include communications made by a person or by the person’s agent to that person’s stockholders, employees, board members, officers, members, subscribers, or other recipients who have affirmatively assented to receive the person’s regular publications or notices.

(b)        Except as otherwise defined in this section, the definitions in Article 1 of Chapter 138A of the N.C. Gen. Stat. apply in this Chapter. ?(1933, c. 11, s. 1; 1975, c. 820, s. 1; 1991, c. 740, s. 1.1; 2001-424, s. 6.10(b); 2005-456, s. 1.; 2006-201, s. 18; 2007-347, s. 6(b); 2007-348, ss. 7, 8(a), (b); 2008-213, ss. 4-8, 90; 2009-129, s. 3; 2010-169, s. 17(a)-(e); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 4.1(a).)

Terms Used In North Carolina General Statutes 120C-100

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Commission: The State Ethics Commission under Chapter 138A of the N. See North Carolina General Statutes 120C-100
  • Contract: A legal written agreement that becomes binding when signed.
  • Designated individual: A legislator, legislative employee, or public servant. See North Carolina General Statutes 120C-100
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Executive action: The preparation, research, drafting, development, consideration, modification, amendment, adoption, approval, tabling, postponement, defeat, or rejection of a policy, guideline, request for proposal, procedure, regulation, or rule by a public servant purporting to act in an official capacity. See North Carolina General Statutes 120C-100
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • In session: One of the following:

    a. See North Carolina General Statutes 120C-100

  • Legislative action: The preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, tabling, postponement, defeat, or rejection of a bill, resolution, amendment, motion, report, nomination, appointment, or other matter, whether or not the matter is identified by an official title, general title, or other specific reference, by a legislator or legislative employee acting or purporting to act in an official capacity. See North Carolina General Statutes 120C-100
  • Legislative employee: Employees and officers of the General Assembly, consultants and counsel to committees of either house of the General Assembly or of legislative commissions, who are paid by State funds, and students at an accredited law school while in an externship program at the General Assembly approved by the Legislative Services Commission, but not including legislators, members of the Council of State, nonsupervisory employees of the Administrative Division's Facility Maintenance and Food Services staff, or pages. See North Carolina General Statutes 120C-100
  • Liaison personnel: Any State employee, counsel employed under N. See North Carolina General Statutes 120C-100
  • Lobby or Lobbying: Any of the following:

    a. See North Carolina General Statutes 120C-100

  • Lobbyist: An individual who engages in lobbying for payment and meets any of the following criteria:

    a. See North Carolina General Statutes 120C-100

  • Lobbyist principal and principal: The person or governmental unit on whose behalf the lobbyist lobbies and who makes payment for the lobbying. See North Carolina General Statutes 120C-100
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Payment: Any money, thing of value, or economic benefit conveyed to the lobbyist for lobbying, other than reimbursement of actual travel, administrative expenses, or subsistence. See North Carolina General Statutes 120C-100
  • Reportable expenditure: Any of the following that directly or indirectly is made to, at the request of, for the benefit of, or on the behalf of a designated individual or that individual's immediate family member:

    a. See North Carolina General Statutes 120C-100

  • Solicitation of others: A solicitation of members of the public to communicate directly with or contact one or more designated individuals to influence or attempt to influence legislative or executive action to further the solicitor's position on that legislative or executive action, when that request is made by any of the following methods:

    a. See North Carolina General Statutes 120C-100

  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.