SECtion .0300 - LOBBYIST PRINCIPAL REPORTING

30 NCAC 10C .0301          REASONABLY ALLOCATED ESTIMATES ALLOWED

(a)  For purposes of lobbyist principal reporting required by G.S 120C-403(d) and (e), a lobbyist's estimate does not need to be an exact calculation or determination but shall be reasonably allocated.  "Lobbyist's estimate" means a lobbyist's estimate of the portion of the salary or other payment that is reasonably allocated for lobbying and lobbying services.  "Lobbying services" are those communications and activities listed in G.S. 120C-403(e)(2).

(b)  A lobbyist's estimate is reasonably allocated if it:

(1)           Specifies the portion of the lobbyist's salary, fee, or retainer that is estimated to be in payment for lobbying and lobbying services (for example, "twenty-five percent" (25%), rather than "under forty percent" (40%) or "from ten percent to thirty percent" (10%-30%).

(2)           Includes all payments for lobbying that the lobbyist principal conveyed to the lobbyist during the registration period under G.S. 120C-200(d); 

(3)           Includes all payments for lobbying services the lobbyist principal conveyed to the lobbyist during the registration period under G.S. 120C-200(d);

(4)           Is consistent with the known facts and circumstances underlying the employment terms or compensation agreement between the lobbyist principal and the lobbyist;

(5)           Is made retrospectively; and

(6)           Is made in good faith.

(c)  The estimate of the portion of the lobbyist's payment that is allocated for the purpose of lobbying shall be verifiable in some manner in the event the allocation is questioned.

History Note:        Authority G.S. 120C-101(a); 120C-400; 120C-403(d); 120C-403(e);

Eff. January 1, 2011.