North Carolina § 120C-401 - Reporting generally.

§ 120C-401. Reporting generally.

Reports shall be filed whether or not reportable expenditures are made and shall be due 15 business days after the end of the reporting period. For reportable expenditures, each report shall set forth all of the following: The fair market value or face value if shown. The date of the reportable expenditure. A description of the reportable expenditure. The name and address of the payee or beneficiary. The name of any designated individual or that designated individual's immediate family member connected with the reportable expenditure. For purposes of subdivision (b)(5) of this section, when more than 15 designated individuals benefit from or request a reportable expenditure, no names of individuals need be reported provided that the report identifies the approximate number of designated individuals benefiting or requesting and the basis for their selection, including the name of the legislative body, committee, caucus, or other group whose membership list is a matter of public record in accordance with G.S. 132-1 or including a description of the group that clearly distinguishes its purpose or composition from the general membership of the General Assembly. The approximate number of immediate family members of designated individuals who benefited from the reportable expenditure shall be listed separately. For purposes of subdivision (b)(5) of this section, when the reportable expenditure is a gift given with the intent that a designated individual be the ultimate recipient and the lobbyist or lobbyist principal does not know the name or names of the designated individuals, the lobbyist or lobbyist principal shall report a description of the designated individuals and those designated individuals' immediate family members connected with the reportable expenditure that clearly distinguishes its purpose or composition, and an approximate number, if known. Reportable expenditures shall be reported using the following categories: Transportation and lodging. Entertainment. Food and beverages. Meetings and events. Gifts. Other reportable expenditures. Each report required by this Article shall be in the form prescribed by the Secretary of State and filed electronically. When any report as required by this Article is not filed, the Secretary of State shall send a certified letter, return receipt requested, advising the lobbyist, lobbyist principal, or other person required to report of the delinquency and the penalties 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 is received, applies to a report that is not timely filed. The cumulative late filing fee may not exceed five hundred dollars ($500.00). Within 20 days of the receipt of the letter, the report shall be delivered or posted by United States mail to the Secretary of State together with the late filing fee. Filing of the required report and payment of the additional fee within the time extended shall constitute compliance with this section. Failure to file a required report in one of the manners prescribed in this section shall void any and all registrations of the lobbyist or lobbyist principal. No lobbyist or lobbyist principal may register or reregister until full compliance with this section has occurred. Appeal of a decision by the Secretary of State under this section shall be in accordance with Article 3 of Chapter 150B of the General Statutes. The Secretary of State may adopt rules to facilitate complete and timely disclosure of required reporting, including additional categories of information, and to protect the addresses of payees under protective order issued pursuant to Chapter 50B of the General Statutes or participating in the Address Confidentiality Program pursuant to Chapter 15C of the General Statutes. The Secretary of State shall not impose any penalties or late filing fees upon a lobbyist or lobbyist principal for subsequent failures to comply with the requirements of this section if the Secretary of State failed to provide the required notification under subsection (g) of this section. Any reportable expenditure promptly paid for at fair market value or promptly returned to a lobbyist or lobbyist principal by a designated individual or a member of the designated individual's immediate family within the reporting period shall not be 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 the lobbyist and lobbyist principal on the next report due under this Article. The Secretary of State shall make available a report form that may be filed by a designated individual or a member of the designated individual's immediate family who promptly declines, returns, pays fair market value for, or donates a reportable expenditure in accordance with G.S. 138A-32. The Secretary of State shall index the filing of this form together with the lobbyist or lobbyist principal who gave the reportable expenditure. History (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); 2013-360, s. 27.1(g); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 4.1(c).) Editor's Note. - This section was recodified as now former G.S. 163A-326 by Session Laws 2017-6, s. 3. Former G.S. 163A-326 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. Session Laws 2013-360, s. 27.1(i), made the amendment to subsection (d) by Session Laws 2013-360, s. 27.1(g), applicable to all filings, payments due, and registrations, on or after October 1, 2013. Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, s. 3, which had recodified this section. Effect of Amendments. - Session Laws 2007-348, s. 15(a), effective August 9, 2007, added subsections (i) and (j). Session Laws 2008-213, ss. 24 and 25, effective August 15, 2008, redesignated former subsection (b) as subsection (b), subdivisions (b)(1) through (b)(5), and subsection (b1) and rewrote the sections; and added subsection (b2). Session Laws 2008-213, s. 90, effective August 15, 2008, substituted "lobbyist principal" for "lobbyist's principal" in subsections (e), (f), (h), (i), and (j). Session Laws 2009-477, s. 1, effective October 1, 2009, in subsection (e), substituted "a certified letter, return receipt requested," for "a certified or registered letter" in the first sentence, added the second and third sentences, and substituted "the late filing fee" for "a late filing fee in an amount equal to the late filing fee under G.S. 163-278.34(a)(2) " at the end of the fourth sentence. Session Laws 2009-549, s. 7(a), effective August 28, 2009, substituted "15 business days" for "10 business days" in subsection (a). Session Laws 2018-146, s. 4.1(c), effective December 27, 2018, in subsections (h) and (j), substituted "lobbyist or lobbyist principal" for "lobbyist, lobbyist principal, or solicitor".