North Carolina § 120C-403 - Lobbyist principal's reports.

§ 120C-403. Lobbyist principal's reports.

Each lobbyist principal shall file quarterly reports under oath with the State Board with respect to each lobbyist principal. The report shall be filed whether or not reportable expenditures are made, shall be due 15 business days after the end of the reporting period, and shall include all of the following for the reporting period: All reportable expenditures made for lobbying. Repealed by Session Laws 2018-146, s. 4.1(e), effective December 27, 2018. With respect to each lobbyist registered under G.S. 120C-206, reportable expenditures reimbursed or paid to lobbyists for lobbying that are not reported on the lobbyist's report, with an itemized description of those reportable expenditures. All reportable expenditures for gifts given under G.S. 138A-32(f)(1)-(9), 138A-32(f)(11), 138A-32(f)(12), and all gifts given under G.S. 138A-32(f)(10) with a value of more than two hundred dollars ($200.00). With respect to each lobbyist registered under G.S. 120C-206, the name of each person or governmental unit not otherwise registered as a lobbyist principal for whom the lobbyist principal directs the lobbyist to lobby, whether for pay or not. If the lobbyist principal is an association or other organization, the lobbyist principal shall not be required to report under this subdivision any individual member of the association or other organization for which the lobbyist is directed to lobby by that lobbyist principal. In addition to the reports required by this section, each lobbyist principal incurring reportable expenditures in any month while the General Assembly is in session with respect to lobbying legislators and legislative employees shall file a monthly reportable expenditure report. The monthly reportable expenditure report shall contain information required by this section with respect to all lobbying of legislators and legislative employees, and is due within 10 business days after the end of the month. The information on the monthly report shall also be included in each quarterly report required by subsection (a) of this section. In addition to the reports required by this section, each lobbyist principal shall annually, in the last report for the registration period under G.S. 120C-200(d), report the cumulative combined total of all payments made during the registration period for all of the following: All payments for lobbying. Activities as described in subdivision (g)(2) of this section. The cumulative combined total of payments reported under subsection (d) of this section made during the registration period, as applicable: If a lobbyist represents the lobbyist principal, but is not directly employed by that lobbyist principal, the portion of the payment that is for lobbying and to whom it was paid. If a lobbyist is under contract with the lobbyist principal for lobbying, the portion of the contract that is reasonably allocated for lobbying. If a lobbyist is a full-time employee of the principal, or is paid by means of an annual fee or retainer, the principal shall estimate and report the portion of the salary, fee, or retainer salary that is reasonably allocated for lobbying. Notwithstanding any other provision of this Part, the cumulative combined total of all payments for lobbying and other activities made by the principal to all lobbyists registered for that lobbyist principal shall be reported as one cumulative amount with no further division or allocation by individual lobbyist, activity, or any other categorization. For purposes of subsection (d) of this section, the following shall apply: A lobbyist principal may rely upon a statement by the lobbyist estimating the portion of the salary or other payment that is reasonably allocated for lobbying. In addition to reporting any payment to a lobbyist for lobbying under subsection (d) of this section, a lobbyist principal shall report, cumulatively for the year, any payment to a lobbyist for any of the following communications and activities that were used to lobby within the registration period under G.S. 120C-200(d): Research. Drafting of written communications. Monitoring of proposed or pending legislative action or executive action, including time spent preparing communications with the lobbyist principal to relate information on proposed or pending legislative action or executive action. Time spent advising and rendering opinions to the lobbyist principal as to the construction and effect of proposed or pending legislative action or executive action. A lobbyist principal is required to report any payment to a lobbyist for any of the following: Direct lobbying communications or direct lobbying activities with a designated individual or that designated individual's immediate family. Communications or activities to develop goodwill, including the building of relationships, with a designated individual or that designated individual's immediate family member. 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. 51.10; 1999-338, s. 2; 2005-456, s. 1; 2006-201, s. 18; 2007-348, s. 41(c); 2008-213, ss. 29(a), 90; 2010-169, s. 17(j); 2011-393, s. 2; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 4.1(e).) Editor's Note. - This section was recodified as now former G.S. 163A-328 by Session Laws 2017-6, s. 3. Former G.S. 163A-328 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. This section was amended by Session Laws 2010-169, s. 17(j), in the coded bill drafting format provided by G.S. 120-20.1. Although subdivision (b)(3), was recodified as subsection (d), the former text of subdivision (b)(3) was never struck through to indicate the deletion. However, Session Laws 2011-393, s. 1, corrected the oversight by repealing subdivision (b)(3). 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 2010-169, s. 17(j), effective January 1, 2011, and applicable to offenses committed on or after that date and reports filed on or after that date, in the introductory paragraph in subsection (b), substituted "15 business days" for "10 business days"; added subdivision (b)(6); and added subsections (d) and (e). Session Laws 2011-393, s. 1, effective October 1, 2011, and applicable to reports filed on or after that date, deleted subdivision (b)(3), which pertained to lobbyists registered under G.S. 120C-206; subdivided and rewrote subsection (d), adding subdivisions (d)(1) and (d)(2), and the subsection (d1) designation; and added subsection (d2). Session Laws 2018-146, s. 4.1(e), effective December 27, 2018, repealed subdivision (b)(2), which formerly read: "Solicitation of others when such solicitation involves an aggregate cost of more than three thousand dollars ($3,000)."