2005 North Carolina Code - General Statutes § 147-54.31. (Effective January 1, 2007) Definitions.

Article 4C.

Executive Branch Lobbying.

§ 147‑54.31.  (Effective January 1, 2007) Definitions.

The following definitions shall apply in this Article:

(1)       The term "executive action" means the preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, adoption, tabling, postponement, defeat, or rejection of a rule, regulation, executive order, resolution, or other quasi‑legislative action by the executive branch or by a member or employee of the executive branch acting or purporting to act in an official capacity. This term shall not include any action by an attorney representing a client with respect to the executive action.

(2)       The term "executive branch officers" means the Governor, any member of the Council of State, the heads of those departments listed in G.S. 143B‑6, and members of the Board of Governors of The University of North Carolina.

(3)       The term "executive lobbyist" means any lobbyist for or against executive action.

(4)       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 an executive branch officer or that person's immediate family member.

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

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

a.         Influencing or attempting to influence executive action through direct communication or activities with an executive branch officer.

b.         Solicitation of others by an executive lobbyist or lobbyist's principal to influence executive action through direct communication or activities with an executive branch officer.

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

(7)       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.

            The term "lobbyist" shall not include those individuals who are specifically exempted from this Article by G.S. 147‑54.40. For the purpose of determining whether an individual is an executive 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 involves executive lobbying.

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

(8a)     The term "news medium" means mainstream media providers whose sole purpose is to report events and that does not involve research or advocacy.

(9)       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. (2005‑456, s. 2.)