2005 North Carolina Code - General Statutes § 120-47.1. (Effective until January 1, 2007) Definitions.

Article 9A.

Lobbying.

§ 120‑47.1.  (Effective until January 1, 2007) Definitions.

For the purposes of this Article, the following terms shall have the meanings ascribed to them in this section unless the context clearly indicates a different meaning:

(1)       The terms "contribution," "compensation" and "expenditure" mean any advance, conveyance, deposit, payment, gift, retainer, fee, salary, honorarium, reimbursement, loan, pledge or anything of value and any contract, agreement, promise or other obligation whether or not legally enforceable, but those terms do not include prizes, awards, or compensation not exceeding one hundred dollars ($100.00) in a calendar year.

(2),(3) Repealed by Session Laws 1991, c. 740, s. 1.1, effective January 1, 1992.

(4)       The term "legislative action" means 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 by the legislature or by a member or employee of the legislature acting or purporting to act in an official capacity.

(4a)     The term "legislative liaison personnel" means any State officer or employee whose principal duties in practice or as set forth in that person's job description involve lobbying the General Assembly.

(5)       The term "lobbying" means:

a.         Influencing or attempting to influence legislative action through direct oral or written communication with a member of the General Assembly; or

b.         Solicitation of others by lobbyists to influence legislative action.

(6)       The term "lobbyist" means an individual who:

a.         Is employed and receives compensation, or who contracts for economic consideration, for the purpose of lobbying; or

b.         Represents another person and receives compensation for the purpose of lobbying.

            The term "lobbyist" shall not include those individuals who are specifically exempted from this Article by G.S. 120‑47.8. For the purpose of determining whether an individual is a lobbyist under this subdivision, reimbursement of actual travel and subsistence expenses shall not be considered compensation; provided, however, that reimbursement in the ordinary course of business of these expenses shall be considered compensation if a significant part of the individual's duties involve lobbying before the General Assembly.

(7)       The terms "lobbyist's principal" and "principal" mean the entity in whose behalf the lobbyist influences or attempts to influence legislative action.

(8)       The term "person" means any individual, firm, partnership, committee, association, corporation, or any other organization or group of persons.

(9)       The General Assembly is in "regular session" from the date set by law or resolution that the General Assembly convenes until the General Assembly either:

a.         Adjourns sine die; or

b.         Recesses or adjourns for more than 10 days. (1933, c. 11, s. 1; 1975, c. 820, s. 1; 1991, c. 740, s. 1.1; 2001‑424, s. 6.10(b).)

 

Article 9A.

Legislative Branch Lobbying.

§ 120‑47.1.  (Effective January 1, 2007) Definitions.

The following definitions shall apply in this Article:

(1)       The term "covered person" means a legislator, the Governor, or the Lieutenant Governor.

(1a)     The term "expenditure" means 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), or a contract, agreement, promise or other obligation whether or not legally enforceable, that directly or indirectly is made to, at the request of, for the benefit of, or on the behalf of a covered person, legislative employee, or that person's immediate family member.

(1b)     The term "executive lobbyist" means a lobbyist registered pursuant to Article 4C of Chapter 147 of the General Statutes.

(2),(3) Repealed by Session Laws 1991, c. 740, s. 1.1.

(3a)     The term "immediate family member" means spouse, descendant, or ascendant.

(4)       The term "legislative action" means 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 the legislature or by a member or employee of the legislature 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.

(4a)     The term "legislative employee" means employees and officers of the General Assembly.

(4b)     The term "legislative liaison personnel" means any State officer whose principal duties, in practice or as set forth in that person's job description, include lobbying the General Assembly.

(4c)     The term "legislative lobbyist" means any lobbyist for or against legislative action.

(4d)     The term "legislator" means a member of the General Assembly or a person elected or appointed a member of the General Assembly prior to taking office.

(5)       The term "lobbying" means any of the following:

a.         Influencing or attempting to influence legislative action through direct communication or activities with a covered person, legislative employee, or that person's immediate family member.

b.         Solicitation of others by legislative lobbyists or lobbyists' principals to influence legislative action.

c.         Developing goodwill through communications or activities, including the building of relationships, with a covered person, legislative employee, or that person's immediate family with the intention of influencing current or future legislative action, but does not include communications or activities with a covered person, legislative employee, or that person's immediate family member in a business, civic, religious, fraternal, or commercial relationship which is not connected to legislative action.

(6)       The term "lobbyist" means an individual who meets any of the following criteria:

a.         Is employed and receives compensation, or who contracts for economic consideration, for the purpose of lobbying.

b.         Represents another person and receives compensation for the purpose of lobbying.

c.         Is legislative liaison personnel.

                  The term "lobbyist" shall not include those individuals who are specifically exempted from this Article by G.S. 120‑47.8. For the purpose of determining whether an individual is a lobbyist under this subdivision, reimbursement of actual travel and subsistence expenses shall not be considered compensation; provided, however, that reimbursement in the ordinary course of business of these expenses shall be considered compensation if a significant part of the individual's duties involve lobbying before the General Assembly.

(7)       The terms "lobbyist's principal" and "principal" mean the person on whose behalf the legislative lobbyist lobbies. In the case where a lobbyist is compensated by a law firm, consulting firm, or other entity retained by a person for legislative lobbying, the principal is the person whose interests the lobbyist represents in lobbying.

(7a)     The term "news medium" means mainstream media providers whose sole purpose is to report events and that does not involve research or advocacy.

(8)       The term "person" means any individual, firm, partnership, committee, association, corporation, business entity, or any other organization or group of persons which has an independent legal existence.

(9)       The General Assembly is in "regular session" from the date set by law or resolution that the General Assembly convenes until the General Assembly either:

a.         Adjourns sine die; or

b.         Recesses or adjourns for more than 10 days. (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.)