GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 382

Short Title:  Lobbyist Political Activity.	(Public)

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Sponsors: Representatives McComas; Allred, C. Wilson, Watson, and Miner.

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Referred to:  Rules, Calendar and Operations of the House.

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March 4, 1997

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT LOBBYISTS MAY NOT GIVE TO CANDIDATES FOR CERTAIN OFFICES AT ANY TIME, AND TO PROVIDE THAT LOBBYISTS MAY NOT ADVISE POLITICAL ACTION COMMITTEES AS TO HOW TO DISTRIBUTE THEIR FUNDS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 163-278.13A reads as rewritten:
"§ 163-278.13A.  No fund-raising from lobbyists for legislators or Council of State members or candidates for these offices, no contributions if lobbyist has advised political action committee.
(a)	None of the following entities may solicit or accept a contribution from, or at the behest or recommendation of, an individual registered as a lobbyist pursuant to Article 9A of Chapter 120 of the General Statutes:
(1)	A member of or candidate for the Council of State; 
	(2)	A member of or candidate for the General Assembly; 
(3)	A political committee the principal purpose of which is to assist a member or members of or a candidate or candidates for the Council of State or General Assembly; or
(4)	A State, county or congressional district executive committee of a political party.
(b)	No individual registered as a lobbyist under Article 9A of Chapter 120 of the General Statutes may make a contribution to any of the entities listed in subdivisions (1) through (3) of subsection (a) of this section.
(c)	This section does not apply to:
		(3)	Any contribution made by a member of or candidate for the Council of State or General Assembly to a political committee the principal purpose of which is to assist himself; or
(4)	Any contribution made to or any solicitation for a nonprofit organization under 26 U.S.C. § 501(c).
		(d)	A violation of this section is a Class 2 misdemeanor, but no individual or person shall be prosecuted under this section for accepting or making a contribution unless the State Board of Elections has notified the individual or person of the apparent violation in writing by certified mail, has given the individual or person an opportunity to return or to request the return of the contribution, and, within 10 days of the receipt of the notification, the individual or person has failed to return or to request the return of the contribution.
			(f)	For the purpose of this section, a person is a candidate when that person has (i) filed a statement of organization under this Article or such a statement has been filed for a political committee created to support that person, (ii) filed an official notice of candidacy with the appropriate board of elections for any elective office, (iii) otherwise qualified for a place on the ballot, or (iv) become a write-in candidate under G.S. 163-123.
(g)	No lobbyist may advise any political action committee which is affiliated with any entity for which that lobbyist is registered as to which candidates, political committees, members of the General Assembly or Council of State or political committees organized on their behalf.
(h)	It is unlawful for any candidate, political committee, or member of the General Assembly or Council of State to accept any contribution from any political committee with knowledge that unlawful advice was given under subsection (g) of this section to disburse funds to that candidate, political committee, or member."
Section 2.  G.S. 120-47.9 reads as rewritten:
"§ 120-47.9.  Punishment for violation.
(a)	Whoever willfully violates any provision of this Article shall be guilty of a Class 1 misdemeanor.  In addition, no lobbyist who is convicted of a violation of the provisions of this Article shall in any way act as a lobbyist for a period of two years following his conviction.
(b)	No lobbyist who is convicted of a second violation of G.S. 163-278.13A shall in any way act as a lobbyist for a period of two years following conviction.  No lobbyist who is convicted of a third violation of G.S. 163-278.13A shall in any way act as a lobbyist."
Section 3.  This act is effective when it becomes law.