§ 120C-100. Definitions. - North Carolina Statutes

§ 120C‑100. Definitions.

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

(1)        Commission. – TheState Ethics Commission under Chapter 138A of the General Statutes.

(2)        Designatedindividual. – A legislator, legislative employee, or public servant.

(3)        Executive action. – Thepreparation, research, drafting, development, consideration, modification,amendment, adoption, approval, tabling, postponement, defeat, or rejection of apolicy, guideline, request for proposal, procedure, regulation, or rule by apublic servant purporting to act in an official capacity. This term does notinclude any of the following:

a.         Present, prior, orpossible proceedings of a contested case hearing under Chapter 150B of theGeneral Statutes, of a judicial nature, or of a quasi‑judicial nature.

b.         A public servant'scommunication with a person, or another person on that person's behalf, withrespect to any of the following:

1.         Applying for apermit, license, determination of eligibility, or certification.

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

3.         Making an inquiryabout or responding to a request for proposal made under Chapter 143 of theGeneral Statutes.

4.         Ratemaking.

c.         Internaladministrative functions, including those functions exempted from thedefinition of "rule" in G.S. 150B‑2(8a).

d.         Ministerialfunctions.

e.         A public servant'scommunication with a person or another person on that person's behalf withrespect to public comments made at an open meeting, or submitted as writtencomment, on a proposed executive action in response to a request for publiccomment, provided the identity of the person on whose behalf the comments aremade is disclosed as part of the public participation, and no reportableexpenditure is made.

(4)        In session. – One ofthe following:

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

1.         Adjourns sine die.

2.         Recesses or adjournsfor more than 10 days.

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

1.         Adjourns sine die.

2.         Recesses or adjournsfor more than 10 days.

(5)        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 isidentified by an official title, general title, or other specific reference, bya legislator or legislative employee acting or purporting to act in an officialcapacity. It also includes the consideration of any bill by the Governor for theGovernor's approval or veto under Article II, Section 22(1) of the Constitutionor for the Governor to allow the bill to become law under Article II, Section22(7) of the Constitution.

(6)        Legislativeemployee. – Employees and officers of the General Assembly, consultants andcounsel to committees of either house of the General Assembly or of legislativecommissions, who are paid by State funds, and students at an accredited lawschool while in an externship program at the General Assembly approved by the LegislativeServices Commission, but not including legislators, members of the Council ofState, nonsupervisory employees of the Administrative Division's FacilityMaintenance and Food Services staff, or pages.

(7)        Legislator. – Asdefined in G.S. 138A‑3 and G.S. 120C‑104.

(8)        Liaison personnel. –Any State employee, counsel employed under G.S. 147‑17, or officer whoseprincipal duties, in practice or as set forth in that individual's jobdescription, include lobbying legislators or legislative employees.

(9)        Lobbying. – Any ofthe following:

a.         Influencing orattempting to influence legislative or executive action, or both, throughdirect communication or activities with a designated individual or thatdesignated individual's immediate family.

b.         Developing goodwillthrough communications or activities, including the building of relationships,with a designated individual or that designated individual's immediate familywith the intention of influencing current or future legislative or executiveaction, or both.

Theterm "lobbying" does not include communications or activities as partof a business, civic, religious, fraternal, personal, or commercialrelationship which is not connected to legislative or executive action, orboth.

(10)      Lobbyist. – Anindividual who engages in lobbying and meets any of the following criteria:

a.         Repealed by SessionLaws 2007‑348, s. 8(a), effective October 10, 2007.

b.         Represents anotherperson or governmental unit, but is not directly employed by that person orgovernmental unit, and receives payment for services. For the purposes of thissub‑subdivision, the term "payment for services" shall notinclude reimbursement of actual travel and subsistence.

c.         Contracts foreconomic consideration for the purpose of lobbying.

d.         Is employed by aperson and a significant part of that employee's duties include lobbying. In nocase shall an employee be considered a lobbyist if in no 30‑day periodless than five percent (5%) of that employee's actual duties include engagingin lobbying as defined in subdivision (9)a. of this section or if in no 30‑dayperiod less than five percent (5%) of that employee's actual duties includeengaging in lobbying as defined in subdivision (9)b. of this section.

Theterm "lobbyist" shall not include individuals who are specificallyexempted from this Chapter by G.S. 120C‑700 or registered as liaisonpersonnel under Article 5 of this Chapter.

(11)      Lobbyist principaland principal. – The person or governmental unit on whose behalf the lobbyistlobbies. In the case where a lobbyist is compensated by a law firm, consultingfirm, or other entity retained by a person or governmental unit for lobbying,the principal is the person or governmental unit whose interests the lobbyistrepresents in lobbying. In the case of a lobbyist employed or retained by anassociation or other organization, the lobbyist principal is the association orother organization, not the individual members of the association or otherorganization.

Theterm "lobbyist principal" shall not include those designatingregistered liaison personnel under Article 5 of this Chapter.

(11a) through (11j) Reservedfor future codification purposes.

(11k)    Payment for services.– Any money, thing of value, or economic benefit paid to a lobbyist for thepurpose of lobbying other than reimbursement of actual travel, administrativeexpenses, or subsistence.

(12)      Reportableexpenditure. – Any of the following that directly or indirectly is made to, atthe request of, for the benefit of, or on the behalf of a designated individualor 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 thanten dollars ($10.00) per designated individual per single calendar day.

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

(13)      Solicitation ofothers. – A solicitation of members of the public to communicate directly withor contact one or more designated individuals for the purpose of influencing orattempting to influence legislative or executive action to further thesolicitor's position on that legislative or executive action, when that requestis made by any of the following methods:

a.         A broadcast, cable,or satellite transmission.

b.         An e‑mailcommunication or a Web site posting.

c.         A communicationdelivered by print media as defined in G.S. 163‑278.38Z.

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

e.         Telephone.

f.          A communication ata conference, meeting, or similar event.

The term "solicitation of others" does notinclude communications made by a person or by the person's agent to thatperson's stockholders, employees, board members, officers, members,subscribers, or other recipients who have affirmatively assented to receive theperson's regular publications or notices.

(b)        Except as otherwisedefined in this section, the definitions in Article 1 of Chapter 138A of theGeneral Statutes 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.)