Complete Story
07/14/2008
Gift Ban Reminder from the NC Ethics Commission
The following reminder was sent to NCPLA from Susan Lundberg, Lobbying Director at the NC Ethics Commission. Please forward any questions to ethics.commission@ncmail.net.
Since it is now the time period for candidates for state wide elected offices to file with the Board of Elections, I would like to remind the lobbyist and lobbyist principals that the gifts ban of N.C.G.S. 120C-303(a) applies to an individual who has filed a notice of candidacy for: (1) a member or officer of the General Assembly = a legislator; or (2) a Constitutional officer of the State, also known as a member of the Council of State. See N.C.G.S. 120C-104
Accordingly, no lobbyist or lobbyist principal may give a gift to a legislative candidate or candidate running for a Council of State office unless a gift ban exemption of N.C.G.S. 138A-32(e) applies or some other provision of N.C.S.G. 138A allows the gift to be given. If there is an applicable gift ban exemption or other provision that allows the lobbyist or lobbyist principal to give the gift, the fair market value of the gift must be reported by the lobbyist or lobbyist principal on its reporting form that they are required to file with the Secretary of State's Office.
Section 120C-104 is a section that can be easily overlooked and I would like to prevent any lobbyist or lobbyist principal from inadvertently violating the Lobbying Law because they are unaware or have forgotten about this provision.
Susan R. Lundberg
Lobbying Director
Ethics Commission
SR.Lundberg@ncmail.net
