North Carolina § 163-278 - 13B. Limitation on fund-raising during legislative session.

§ 163-278. 13B. Limitation on fund-raising during legislative session.

Definitions. - For purposes of this section: "Limited contributor" means a lobbyist registered under Chapter 120C of the General Statutes, that lobbyist's agent, that lobbyist's principal as defined in G.S. 120C-100(21) or a political committee that employs or contracts with or whose parent entity employs or contracts with a lobbyist registered under Chapter 120C of the General Statutes. "Limited contributee" means a member of or candidate for the Council of State, a member of or candidate for the General Assembly, an affiliated party committee, or a Council of State affiliated party committee. The General Assembly is in "regular session" from the date set by law or resolution that the General Assembly convenes until the General Assembly either adjourns sine die or recesses or adjourns for more than 10 days. A contribution is "made" during regular session if the check or other instrument is dated during the session, or if the check or other instrument is delivered to the limited contributee during session, or if the limited contributor pledges during the session to deliver the check or other instrument at a later time. A contribution is "accepted" during regular session if the check or other instrument is dated during the session, or if the limited contributee receives the check or other instrument during session and does not return it within 10 days, or agrees during session to receive the check or other instrument at a later time. Prohibited Solicitations. - While the General Assembly is in regular session, no limited contributee or the real or purported agent of a limited contributee shall: Solicit a contribution from a limited contributor to be made to that limited contributee or to be made to any other candidate, officeholder, or political committee; or Solicit a third party, requesting or directing that the third party directly or indirectly solicit a contribution from a limited contributor or relay to the limited contributor the limited contributee's solicitation of a contribution. Prohibited Contributions. - While the General Assembly is in regular session: No limited contributor shall make or offer to make a contribution to a limited contributee. No limited contributor shall make a contribution to any candidate, officeholder, or political committee, directing or requesting that the contribution be made in turn to a limited contributee. No limited contributor shall transfer any amount of money or anything of value to any entity, directing or requesting that the entity use what was transferred to contribute to a limited contributee. No limited contributee or the real or purported agent of a limited contributee prohibited from solicitation by subsection (b) of this section shall accept a contribution from a limited contributor. No limited contributor shall solicit a contribution from any individual or political committee on behalf of a limited contributee. This subdivision does not apply to a limited contributor soliciting a contribution on behalf of a political party executive committee or an affiliated party committee if the solicitation is solely for a separate segregated fund kept by the political party or affiliated party committee limited to use for activities that are not candidate-specific, including generic voter registration and get-out-the-vote efforts, pollings, mailings, and other general activities and advertising that do not refer to a specific individual candidate. Exception. - The provisions of this section do not apply with regard to a limited contributee during the three weeks prior to the day of a second primary if that limited contributee is a candidate who will be on the ballot in that second primary. Prosecution. - A violation of this section is a Class 2 misdemeanor. It shall not be deemed a violation of this section for a limited contributee to serve on a board or committee of an organization that makes a solicitation of a limited contributor as long as that limited contributee does not directly participate in the solicitation and that limited contributee does not directly benefit from the solicitation. History (1997-515, s. 9(b); 1999-31, s. 5(d); 1999-453, s. 6(a); 2000-136, s. 1; 2006-201, s. 21; 2015-258, s. 3(i), (s); 2015-264, s. 81(e); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).) Editor's Note. - This section was recodified as now former G.S. 163A-1426 by Session Laws 2017-6, s. 3. Former G.S. 163A-250 was then re-recodified as this section by Session Laws 2018-1426, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. Subsections (d) and (e) were so designated at the direction of the Revisor of Statutes, the designations in Session Laws 1997-515, s. 9(b) having been (c1) and (d), respectively. Session Laws 2006-201, s. 23(b), as amended by Session Laws 2007-347, s. 16, provides: "Public servants holding positions on January 1, 2007, shall participate in ethics education presentations under G.S. 138A-14 and lobbying education programs under G.S. 120C-103 on or before January 1, 2008." Session Laws 2006-201, s. 24, is a severability clause. Session Laws 2006-201, s. 25, provides, in part, that: "Prosecutions for offenses or ethics violations committed before January 1, 2007, are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2015-258, s. 4, made the amendments by Session Laws 2015-258, s. 3, effective September 30, 2015, and applicable to contributions and expenditures made on or after that date. Session Laws 2015-258, s. 3(s), as added by Session Laws 2015-264, s. 81(e), was contingent on enactment of House Bill 373, 2015 Regular Session. House Bill 373 was enacted as Session Laws 2015-258. Session Laws 2015-258, s. 3(t), as added by Session Laws 2015-264, s. 81(e), is a severability clause. Session Laws 2015-264, s. 91.7, 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 2006-201, s. 21, effective January 1, 2007, in subdivision (a)(1), substituted "under Chapter 120C " for "pursuant to Article 9A of Chapter 120 ", substituted "G.S. 120C-100(11)" for "G.S. 120-47.1(7)," in the middle, and substituted "under Chapter 120C " for "pursuant to Article 9A of Chapter 120 " near the end. Session Laws 2015-258, s. 3(i), effective September 30, 2015, inserted "or an affiliated party committee" and "or affiliated party committee" in the second sentence of subdivision (c)(5). For applicability, see editor's note. Session Laws 2015-258, s. 3(s), as added by Session Laws 2015-264, s. 81(e), effective October 1, 2015, added "an affiliated party committee, or a Council of State affiliated party committee" at the end of subdivision (a)(2). For effective date and applicability of Session Laws 2015-258, see editor's note.