North Carolina § 120C-700 - Persons exempted from this Chapter.

§ 120C-700. Persons exempted from this Chapter.

Except as otherwise provided in Article 8, the provisions of this Chapter shall not be construed to apply to any of the following: An individual solely engaged in expressing a personal opinion or stating facts or recommendations on legislative action or executive action to a designated individual and not acting as a lobbyist. A person appearing before a committee, commission, board, council, or other collective body whose membership includes one or more designated individuals at the invitation or request of the committee or a member thereof and who does not act in any further activities as a lobbyist with respect to the legislative or executive action for which that person appeared. A duly elected or appointed official or employee of the State, the United States, a county, municipality, school district, or other governmental agency, when acting solely in connection with matters pertaining to the office and public duties, except for a person designated as liaison personnel under G.S. 120C-500 or G.S. 120C-502. For purposes of this subdivision, an individual appointed as a county or city attorney under Part 7 of Article 5 of Chapter 153A of the General Statutes or Part 6 of Article 7 of Chapter 160A of the General Statutes, respectively, shall be considered an employee of the county or city. A person performing professional services in drafting bills, or in advising and rendering opinions to clients, or to designated individuals on behalf of clients, as to the construction and effect of proposed or pending legislative or executive action where the professional services are not otherwise connected with the legislative or executive action. A person who owns, publishes, or is an employee of any recognized news medium, while engaged in the acquisition and publication of news or news and commentary on behalf of that recognized news medium. Designated individuals while acting in their official capacity. A person responding to inquiries from a designated individual and who does not act in any further activities as a lobbyist in connection with that inquiry. A person who is a political committee as defined in G.S. 163-278.6(74), that person's employee, or that person's contracted service provider. Anything of value given or received in connection with seeking or hosting a national convention of a political party. History (1933, c. 11, s. 7; 1975, c. 820, s. 1; 1977, c. 697; 1991, c. 740, s. 1.1; 1993, c. 553, s. 3; 2005-456, s. 1; 2006-201, s. 18; 2007-348, s. 16; 2010-169, ss. 5(b), 20; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-365 by Session Laws 2017-6, s. 3. Former G.S. 163A-365 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 2017-6, s. 22, provides in part: "Notwithstanding the recodification in Section 3 of this act, the Bipartisan State Board of Elections and Ethics Enforcement shall not administer or enforce Part 1, Part 3, or Part 6 of Article 8 of Chapter 163A of the General Statutes, and the Secretary of State shall maintain the authority to administer and enforce Articles 2, 4, and 8 of Chapter 120C of the General Statutes, as those Articles existed on May 1, 2017, until October 1, 2017." 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. 16, effective August 9, 2007, in subdivisions (2) and (7), substituted "does not act in any" for "engages in no"; and in subdivision (3), substituted "acting solely" for "appearing solely," and added the last sentence. Session Laws 2010-169, s. 5(b), effective January 1, 2011, substituted "G.S. 120C-500 or G.S. 120C-502" for "G.S. 120C-500" in subdivision (3). Session Laws 2010-169, s. 20, effective August 2, 2010, added subdivision (9). §§ 120C-701 through 120C-799: Reserved for future codification purposes.