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Formal Advisory Opinions
Lobbying Opinions: Chapter 120C, section 120C-102

Advisory opinions are one of the cornerstones of ethics and lobbying regulation in North Carolina. They allow requesters to receive prospective advice about real life situations they face in their public service, and formal opinions provide the requester with limited immunity if they follow the advice given. Please see section 120C-102 for more information about the requesting and issuance of formal advisory opinions for lobbyists, lobbyist principals, and others affected by the Lobbying Law (Chapter 120C).

The Ethics Commission will publish its advisory opinions within 30 days of issuance. They will be edited as necessary to protect the requester's identity. This section contains advisory opinions primarily dealing with Chapter 120C, the Lobbying Law.

If you would like to speak with Commission staff about obtaining an opinion, please call (919) 715-2071.

2009 FORMAL ADVISORY OPINIONS

AENC January 2009 Legislative Reception
G.S. 120C-303; G.S. 138A-32(e)(1)
January 16, 2009
In accordance with G.S. 120C-102(d), the Association Executives of North Carolina has authorized the publication of an unedited version of this opinion.
L-09-002

AENC January 2009 Legislative Reception -- Reporting
G.S. 120C-400; G.S. 120C-401; and G.S. 120C-403
February 13, 2009
In accordance with G.S. 120C-102(d), the Association Executives of North Carolina has authorized the publication of an unedited version of this opinion.

L-09-003 Computer Game Development Forum
G.S. 120C-303; G.S. 138A-32(e)(1)b.
February 13, 2009
In accordance with G.S. 120C-102(d), the Greater Raleigh Chamber of Commerce has authorized the publication of an unedited version of this opinion.
L-09-004

Lobbyists’ and Lobbyist Principals’ In-Kind Contributions to a State Governmental Entity for a Meeting of a Regional Affiliate of a National Nonpartisan Organization
G.S. 138A-32(e)(5)
G.S. 120C-303(b)
February 13, 2009

L-09-005

Executive Action and Executive Lobbying
G.S. 120C-100(a)(3) and –(a)(9)
April 24, 2009

L-09-006

Interpretation of “Association”
G.S. 120C-100(a)(11)
April 24, 2009

L-09-007

Permissibility of Providing Free Registration to NCSEA Forum
G.S. 120C-303(a) and G.S. 138A-32(e)(3)(i)
April 24, 2009
In accordance with G.S. 120C-102(d), the NC Sustainable Energy Association has authorized the publication of an unedited version of this opinion.

2008 FORMAL ADVISORY OPINIONS

Advisory opinions L-08-001 through L-08-003 were adopted prior to the enactment of S.L. 2008-213 (HB 2542), Clarify Ethics & Lobbying Laws, and S.L. 2008-215 (SB 1875), Clarify Auditor Hotline Authority/SEC, which made both technical and substantive amendments to the State Government Ethics Act (Chapter 138A of the General Statutes) and the Lobbying Law (Chapter 120C of the General Statutes).  Several of these changes have retroactive effective dates. Therefore, any questions about the applicability of the opinions under the amended law should be addressed to the Ethics Commission staff at ethics.commission@doa.nc.gov or by calling (919) 715-2071.

L-08-001 Contributions to Non-Partisan Organizations
G. S. 120C-303
July 29, 2008
L-08-002 Reporting Compensation
G.S. 120C-403(b)
May 9, 2008
This opinion is substantively the same as L-08-003.
L-08-003 Reporting Compensation
G.S. 120C-403(b)
May 9, 2008
This opinion is substantively the same as L-08-002.
L-08-004 Reporting Requirements
G.S. 120C-402; 120C-403(b)(3)
November 14, 2008
L-08-005 "Educational Meeting" Gift Ban Exception
G.S. 138A-32(e)(3)(i); 120C-403(b)
November 14, 2008
L-08-006 "Educational Meeting" Gift Ban Exception
G.S. 138A-32(e)(3)(i); 120C-403(b)
November 14, 2008
L-08-007
Donations to the Junior League of Raleigh for 2009 Inaugural Ball Weekend
G.S. 120C-303(a), 120C-402, 120C-403, and 138A-32(c)-(d)
November 14, 2008
In accordance with G.S. 120C-102(d), the Junior League of Raleigh has authorized the publication of an unedited version of this opinion.
2007 FORMAL ADVISORY OPINIONS
For Advisory Opinion summaries, see the Commission's "2007 Lobbying Newsletter ."
L-07-0001 Legislative Breakfast & Gift Ban Exceptions - "Public Events" & "Educational Meetings."
G.S.138A-32(e)(1); 138A-3(29); and 138A-32(e)(3)(i)
October 29, 2007
L-07-0002 Designated Individuals Acting in Their Official Capacity Do Not Need to Register as "Liaison Personnel."
G.S. 120C-700
May 18, 2007
L-07-0003 "Educational Meeting" and "Public Event" Gift Ban Exceptions.
G.S.138A-32(e)(1); 138A-3(29); and 138A-32(e)(3)(i)
November 28, 2007
L-07-0004 Designated Individuals Acting in Their Official Capacity Do Not Need to Register as "Liaison Personnel."
G.S. 120C-700
May 18, 2007
L-07-0005 Legislative Reception, Indirect Gifts, & the "Public Event" Gift Ban Exception.
G.S. 138A-32(e)(1)
October 3, 2007
L-07-0006 Lobbyist Giving Legislator a Free Ride; Gift Ban Exceptions - Personal Relationship Exception; Reporting Obligations.
G.S.138A-32(e)(10); 120C-401(b); 120C-402(b)
September 12, 2007
L-07-0007 Gift to a Non-Covered Spouse of a Public Servant - "Indirect" Gifts & Reporting Requirements.
G.S. 138A-32(c) & (d); 120C-100(a)(12), -400, -402, -403
July 12, 2007
L-07-0008 Lobbyists Contributing to a Political Action Committee ("PAC").
G.S. 120C-302
May 25, 2007
L-07-0009 City's Reception for Local Legislative Delegation - Gifts & Exceptions;"Public Event" Exception;
Local Government Officials Performing Official Duties Exempt from Lobbying Law.
G.S. 138A-32; 138A-32(e)(1); 138A-3(29)
June 7, 2007
L-07-0010 Lobbyists' and Lobbyist Principals' Sponsorship of Events Held In Conjunction With Legislative Conferences;
"Public Event" Gift Ban Exception.
G. S. 138A-32(e)(1); 138A-3(29)
November 28, 2007
L-07-0011 Members of State Board Lobbying Members of Congress; "Liaison Personnel."
G.S. 120C-500(a), (b), and (c)
October 3, 2007
L-07-0012 International Study Trip & the "Educational Meeting" Gift Ban Exception.
G.S. 120C-303(a) and (b), and 138A-32(e)(3)
October 29, 2007
 
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