North Carolina § 120C-800 - Reportable expenditures made by persons exempted or not covered by this Chapter.

§ 120C-800. Reportable expenditures made by persons exempted or not covered by this Chapter.

If a designated individual accepts a reportable expenditure made for lobbying with a total value of over two hundred dollars ($200.00) per calendar quarter from a person or group of persons acting together, exempted or not otherwise covered by this Chapter, the person, or group of persons, making the reportable expenditure shall report the date, a description of the reportable expenditure, the name and address of the person, or group of persons, making the reportable expenditure, the name of the designated individual accepting the reportable expenditure, and the estimated fair market value, or face value if shown, of the reportable expenditure. If the person making the reportable expenditure in subsection (a) of this section is outside North Carolina, and the designated individual accepting the reportable expenditure is also outside North Carolina at the time the designated individual accepts the reportable expenditure, then the designated individual accepting the reportable expenditure shall be responsible for filing the report or reporting the information in the designated individual's statement of economic interest in accordance with G.S. 138A-24(a)(8). If a designated individual accepts a scholarship related to that designated individual's public service or position valued over two hundred dollars ($200.00) from a person, or group of persons, acting together, exempted or not covered by this Chapter, the person, or group of persons, granting the scholarship shall report the date of the scholarship, a description of the event involved, the name and address of the person, or group of persons, granting the scholarship, the name of the designated individual accepting the scholarship, and the estimated fair market value. If the person granting the scholarship in subsection (c) of this section is outside North Carolina, the designated individual accepting the scholarship shall be responsible for filing the report or reporting the information in the designated individual's statement of economic interest in accordance with G.S. 138A-24(a)(2). This section shall not apply to any of the following: Anything of value properly reported as required under Article 22A of Chapter 163 of the General Statutes. Any reportable expenditure from a designated individual's extended family member to a designated individual. Reportable expenditures associated primarily with the designated individual's employment or that designated individual's immediate family member's employment. Reportable expenditures, other than food, beverages, travel, and lodging, which are received from a person who is a citizen of a country other than the United States or a state other than North Carolina and given during a ceremonial presentation or as a custom. A thing of value that is paid for by the State. A scholarship paid for by a nonpartisan state, regional, national, or international legislative organization of which the General Assembly is a member or a legislator or legislative employee is a member or participant of by virtue of that legislator's or legislative employee's public position, or to an affiliated organization of that nonpartisan state, regional, national, or international organization. Within 15 business days after the end of the quarter in which the reportable expenditure was made, reports required by this section shall be filed electronically with the Secretary of State in a form prescribed by the Secretary of State. If the designated individual is required to file a statement of economic interest under G.S. 138A-24, then that designated individual may opt to report any information required by this section in the statement of economic interest. For purposes of this section, the term "scholarship" shall mean a grant-in-aid to attend a conference, meeting, or other similar event. For purposes of this section only, the term "person" shall include all persons as defined in G.S. 138A-3(62) and all governmental units as defined in G.S. 138A-3(36). History (2005-456, s. 1; 2006-201, s. 18; 2007-348, s. 17; 2008-213, ss. 37, 38(a), 39; 2009-549, s. 7(b); 2010-169, ss. 17(m), 22(f); 2010-170, s. 15; 2013-360, s. 27.1(h); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Preclearance Under § 5 of the Voting Rights Act. - The amendment by Session Laws 2010-170, s. 15, was subject to preclearance by the Department of Justice, pursuant to § 5 of the federal Voting Rights Act. The section was precleared by letter dated September 23, 2010. Editor's Note. - This section was recodified as now former G.S. 163A-380 by Session Laws 2017-6, s. 3. Former G.S. 163A-380 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 (f) by Session Laws 2013-360, s. 27.1(h), applicable to all filings, payments due, and registrations, on or after October 1, 2013. 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. 17, effective January 1, 2007, added "related to that person's public service or position" near the beginning of subsection (c). Session Laws 2008-213, ss. 37 and 39, effective August 15, 2008, in subsection (c), substituted "designated individual's" for "person's"; and in subsection (g), added the second sentence. Session Laws 2008-213, s. 38(a), effective January 1, 2007, and applicable to scholarships received on or after that date, in subsection (e), substituted "reportable expenditures" for "gifts" throughout; in subdivision (e)(2), substituted "a designated individual's extended family" for "an extended family"; in subdivision (e)(3), substituted "employment or that designated individual's" for "or that person's"; and added subdivision (e)(6). Session Laws 2009-549, s. 7(b), effective August 28, 2009, substituted "Within 15 business days" for "Within 10 business days" at the beginning of subsection (f). Session Laws 2010-169, s. 17(m), effective January 1, 2011, and applicable to offenses committed on or after that date and reports filed on or after that date, deleted "the purpose of" preceding "lobbying" in subsection (a). Session Laws 2010-169, s. 22(f), effective August 2, 2010, corrected the section reference in subsection (b). Session Laws 2010-170, s. 15, effective upon preclearance by the United States Department of Justice [September 23, 2010], substituted "Anything of value properly reported" for "Lawful campaign contributions properly received and reported" in subdivision (e)(1).