§ 120C-401. Reporting generally.

NORTH CAROLINA STATUTES AND CODES

§ 120C‑401. Reportinggenerally.

(a) Reports shall befiled whether or not reportable expenditures are made and shall be due 15business days after the end of the reporting period.

(b) For reportableexpenditures, each report shall set forth all of the following:

(1) The fair marketvalue or face value if shown.

(2) The date of thereportable expenditure.

(3) A description of thereportable expenditure.

(4) The name and addressof the payee or beneficiary.

(5) The name of anydesignated individual or that designated individual's immediate family memberconnected with the reportable expenditure.

(b1) For purposes ofsubdivision (b)(5) of this section, when more than 15 designated individualsbenefit from or request a reportable expenditure, no names of individuals needbe reported provided that the report identifies the approximate number ofdesignated individuals benefiting or requesting and the basis for theirselection, including the name of the legislative body, committee, caucus, orother group whose membership list is a matter of public record in accordancewith G.S. 132‑1 or including a description of the group that clearlydistinguishes its purpose or composition from the general membership of theGeneral Assembly. The approximate number of immediate family members ofdesignated individuals who benefited from the reportable expenditure shall belisted separately.

(b2) For purposes ofsubdivision (b)(5) of this section, when the reportable expenditure is a giftgiven with the intent that a designated individual be the ultimate recipientand the lobbyist or lobbyist principal does not know the name or names of thedesignated individuals, the lobbyist or lobbyist principal shall report adescription of the designated individuals and those designated individuals'immediate family members connected with the reportable expenditure that clearlydistinguishes its purpose or composition, and an approximate number, if known.

(1) Transportation andlodging.

(2) Entertainment.

(3) Food and beverages.

(4) Meetings and events.

(5) Gifts.

(6) Other reportableexpenditures.

(d) Each report shallbe in the form prescribed by the Secretary of State, which may includeelectronic reports.

(e) When any report asrequired by this Article is not filed, the Secretary of State shall send acertified letter, return receipt requested, advising the lobbyist, lobbyistprincipal, or other person required to report of the delinquency and thepenalties provided by law. A late filing fee of fifty dollars ($50.00) per day,commencing on the tenth business day after the date the certified letter isreceived, applies to a report that is not timely filed. The cumulative latefiling fee may not exceed five hundred dollars ($500.00). Within 20 days of thereceipt of the letter, the report shall be delivered or posted by United Statesmail to the Secretary of State together with the late filing fee. Filing of therequired report and payment of the additional fee within the time extendedshall constitute compliance with this section.

(f) Failure to file arequired report in one of the manners prescribed in this section shall void anyand all registrations of the lobbyist, lobbyist principal, or solicitor. Nolobbyist, lobbyist principal, or solicitor may register or reregister untilfull compliance with this section has occurred.

(g) Appeal of adecision by the Secretary of State under this section shall be in accordancewith Article 3 of Chapter 150B of the General Statutes.

(h) The Secretary ofState may adopt rules to facilitate complete and timely disclosure of requiredreporting, including additional categories of information, and to protect theaddresses of payees under protective order issued pursuant to Chapter 50B ofthe General Statutes or participating in the Address Confidentiality Programpursuant to Chapter 15C of the General Statutes. The Secretary of State shallnot impose any penalties or late filing fees upon a lobbyist, lobbyistprincipal, or solicitor for subsequent failures to comply with the requirementsof this section if the Secretary of State failed to provide the requirednotification under subsection (e) of this section.

(i) Any reportableexpenditure promptly paid for at fair market value or promptly returned to alobbyist or lobbyist principal by a designated individual or a member of thedesignated individual's immediate family within the reporting period shall notbe reported under G.S. 120C‑402 or G.S. 120C‑403, and if reported,the repayment or return of the expenditure at any time shall be reported by thelobbyist and lobbyist principal on the next report due under this Article.

(j) The Secretary ofState shall make available a report form that may be filed by a designatedindividual or a member of the designated individual's immediate family whopromptly declines, returns, pays fair market value for, or donates a reportableexpenditure in accordance with G.S. 138A‑32(g). The Secretary of Stateshall index the filing of this form together with the lobbyist or lobbyistprincipal who gave the reportable expenditure. (1933, c. 11, s. 5; 1973, c. 108, s. 70; 1975, c.820, s. 1; 1991, c. 740, s. 1.1; 1991 (Reg. Sess., 1992), c. 1030, s. 51.9;1999‑338, s. 1; 2005‑456, s. 1; 2006‑201, s. 18; 2007‑348,s. 15(a); 2008‑213, ss. 24, 25, 90; 2009‑477, s. 1; 2009‑549,s. 7(a).)