(1) Blind trust. Atrust established by or for the benefit of a covered person or a member of thecovered person's immediate family for the purpose of divestiture of all controland knowledge of assets. A trust qualifies as a blind trust under thissubdivision if the covered person or a member of the covered person's immediatefamily has no knowledge of the holdings and sources of income of the trust, thetrustee of the trust is independent of and not associated with or employed bythe covered person or a member of the covered person's immediate family and isnot a member of the covered person's extended family, and the trustee has solediscretion as to the management of the trust assets.
(1c) Board. Any Stateboard, commission, council, committee, task force, authority, or similar publicbody, however denominated, created by statute or executive order, as determinedand designated by the Commission, except for those public bodies that have onlyadvisory authority.
(2) Business. Any ofthe following organized for profit:
a. Association.
b. Business trust.
c. Corporation.
d. Enterprise.
e. Joint venture.
f. Organization.
g. Partnership.
h. Proprietorship.
i. Vested trust.
j. Every otherbusiness interest, including ownership or use of land for income.
(3) Business with whichassociated. A business in which the covered person or filing person or anymember of that covered person's or filing person's immediate family does any ofthe following:
a. Is an employee.
b. Holds a position asa director, officer, partner, proprietor, or member or manager of a limitedliability company, irrespective of the amount of compensation received or theamount of the interest owned.
c. Owns a legal, equitable,or beneficial interest of ten thousand dollars ($10,000) or more in thebusiness or five percent (5%) of the business, whichever is less, other than asa trustee on a deed of trust.
d. Is a lobbyistregistered under Chapter 120C of the General Statutes.
Forpurposes of this subdivision, the term "business" shall not include awidely held investment fund, including a mutual fund, regulated investmentcompany, or pension or deferred compensation plan, if all of the followingapply:
1. The covered person,filing person, or a member of the covered person's or filing person's immediatefamily neither exercises nor has the ability to exercise control over thefinancial interests held by the fund.
2. The fund is publiclytraded, or the fund's assets are widely diversified.
(4) Commission. TheState Ethics Commission.
(5) Committee. TheLegislative Ethics Committee as created in Part 3 of Article 14 of Chapter 120of the General Statutes.
(6) Compensation. Anymoney, thing of value, or economic benefit conferred on or received by anycovered person or filing person in return for services rendered or to berendered by that covered person or filing person or another. This term does notinclude campaign contributions properly received and, reported as required byArticle 22A of Chapter 163 of the General Statutes.
(7) Confidentialinformation. Information defined as confidential by the law.
(8) Constitutionalofficers of the State. Officers whose offices are established by Article IIIof the North Carolina Constitution.
(9) Contract. Anyagreement, including sales and conveyances of real and personal property, andagreements for the performance of services.
(10) Covered person. Alegislator, public servant, or judicial officer, as identified by the Commissionunder G.S. 138A‑11.
(11) Repealed by SessionLaws 2008‑213, s. 84(c), effective August 15, 2008.
(12) Employing entity. Forpublic servants, any of the following bodies of State government of which thepublic servant is an employee or a member, or over which the public servantexercises supervision: agencies, authorities, boards, commissions, committees,councils, departments, offices, institutions and their subdivisions, andconstitutional offices of the State. For legislators, it is the house of whichthe legislator is a member. For legislative employees, it is the authority thathired the individual. For judicial employees, it is the Chief Justice.
(13) Extended family. Spouse,lineal descendant, lineal ascendant, sibling, spouse's lineal descendant,spouse's lineal ascendant, spouse's sibling, and the spouse of any of theseindividuals.
(14) Filing person. Anindividual required to file a statement of economic interest under G.S. 138A‑22.
(14c) Financial benefit. Adirect pecuniary gain or loss to the legislator, the public servant, or aperson with which the legislator or public servant is associated, or a directpecuniary loss to a business competitor of the legislator, the public servant,or a person with which the legislator or public servant is associated.
(15) Gift. Anything ofmonetary value given or received without valuable consideration by or from alobbyist, lobbyist principal, liaison personnel, or a person described underG.S. 138A‑32(d)(1), (2), or (3). The following shall not be consideredgifts under this subdivision:
a. Anything for whichfair market value, or face value if shown, is paid by the covered person orlegislative employee.
b. Commerciallyavailable loans made on terms not more favorable than generally available tothe general public in the normal course of business if not made for the purposeof lobbying.
c. Contractualarrangements or commercial relationships or arrangements made in the normalcourse of business if not made for the purpose of lobbying.
d. Academic or athleticscholarships based on the same criteria as applied to the public.
e. Campaigncontributions properly received and reported as required under Article 22A ofChapter 163 of the General Statutes.
f. Expressions ofcondolence related to a death of an individual, sent within a reasonable timeof the death, if the expression is one of the following:
1. A sympathy card,letter, or note.
2. Flowers.
3. Food or beveragesfor immediate consumption.
4. Donations to areligious organization, charity, the State or a political subdivision of theState, not to exceed a total of two hundred dollars ($200.00) per death perdonor.
(15a) through (15c) Reservedfor future codification purposes.
(15d) Governmental unit. Apolitical subdivision of the State, and any other entity or organizationcreated by a political subdivision of the State.
(16) Honorarium. Paymentfor services for which fees are not legally or traditionally required.
(17) Immediate family. Anunemancipated child of the covered person residing in the household and thecovered person's spouse, if not legally separated. A member of a coveredperson's extended family shall also be considered a member of the immediatefamily if actually residing in the covered person's household.
(18) Judicial employee. Thedirector and assistant director of the Administrative Office of the Courts andany other individual, designated by the Chief Justice, employed in the JudicialDepartment whose annual compensation from the State is sixty thousand dollars($60,000) or more.
(19) Judicial officer. Justiceor judge of the General Court of Justice, district attorney, clerk of court, orany individual elected or appointed to any of these positions prior to takingoffice.
(20) Legislative action. As the term is defined in G.S. 120C‑100.
(21) Legislative employee. As the term is defined in G.S. 120C‑100.
(22) Legislator. Amember or presiding officer of the General Assembly, or an individual electedor appointed a member or presiding officer of the General Assembly beforetaking office.
(23) Lobbying. As theterm is defined in G.S. 120C‑100.
(24) Nonprofit corporationor organization with which associated. Any not for profit corporation,organization, or association, incorporated or otherwise, that is organized oroperating in the State primarily for religious, charitable, scientific,literary, public health and safety, or educational purposes and of which thecovered person, filing person, or any member of the covered person's or filingperson's immediate family is a director, officer, governing board member,employee, lobbyist registered under Chapter 120C of the General Statutes, orindependent contractor. Nonprofit corporation or organization with whichassociated shall not include any board, entity, or other organization createdby this State or by any political subdivision of this State.
(25) Official action. Anydecision, including administration, approval, disapproval, preparation,recommendation, the rendering of advice, and investigation, made orcontemplated in any proceeding, application, submission, request for a rulingor other determination, contract, claim, controversy, investigation, charge, orrule making.
(26) Participate. Totake part in, influence, or attempt to influence, including acting through anagent or proxy.
(26c) Permanent designee. Anindividual designated by a public servant to serve and vote in the absence ofthe public servant on a regular basis on a board on which the public servantserves.
(27) Person. Anyindividual, firm, partnership, committee, association, corporation, business,or any other organization or group of persons acting together. The term"person" does not include the State, a political subdivision of theState, a board, or any other entity or organization created by the State or apolitical subdivision of the State.
(27c) Person with which thelegislator is associated. Any of the following:
a. A member of thelegislator's extended family.
b. A client of thelegislator.
c. A business withwhich the legislator or a member of the legislator's immediate family isassociated.
d. A nonprofitcorporation or association with which the legislator or a member of thelegislator's immediate family is associated.
e. The State, apolitical subdivision of the State, a board, or any other entity ororganization created by the State or a political subdivision of the State thatemploys the legislator or a member of the legislator's immediate family.
(27d) Person with which thepublic servant is associated. Any of the following:
a. A member of thepublic servant's extended family.
b. A client of thepublic servant.
c. A business withwhich the public servant or a member of the public servant's immediate familyis associated.
d. A nonprofitcorporation or association with which the public servant or a member of thepublic servant's immediate family is associated.
e. The State, apolitical subdivision of the State, a board, or any other entity ororganization created by the State or a political subdivision of the State thatemploys the public servant or a member of the public servant's immediatefamily.
(28) Political party. Eitherof the two largest political parties in the State based on statewide voterregistration at the applicable time.
(29) Repealed by SessionLaws 2008‑213, s. 49, effective August 15, 2008.
(30) Public servants. Allof the following:
a. Constitutionalofficers of the State and individuals elected or appointed as constitutionalofficers of the State prior to taking office.
b. Employees of theOffice of the Governor.
c. Heads of allprincipal State departments, as set forth in G.S. 143B‑6, who areappointed by the Governor.
d. The chief deputy andchief administrative assistant of each individual designated under sub‑subdivisiona. or c. of this subdivision.
e. Confidentialassistants and secretaries as defined in G.S. 126‑5(c)(2), to individualsdesignated under sub‑subdivision a., c., or d. of this subdivision.
f. Employees in exemptpositions designated in accordance with G.S. 126‑5(d)(1), (2), or (2a)and confidential secretaries to these individuals.
g. Any other employeesor appointees in the principal State departments as may be designated by theGovernor to the extent that the designation does not conflict with the StatePersonnel Act.
h. Judicial employees.
i. All voting membersof boards, including ex officio members, permanent designees of any votingmember, and members serving by executive, legislative, or judicial branchappointment.
j. For The Universityof North Carolina, the voting members of the Board of Governors of TheUniversity of North Carolina, the president, the vice‑presidents, and thechancellors, the vice‑chancellors, and voting members of the boards oftrustees of the constituent institutions.
k. For the CommunityCollege System, the voting members of the State Board of Community Colleges,the President and the chief financial officer of the Community College System,the president, chief financial officer, and chief administrative officer ofeach community college, and voting members of the boards of trustees of eachcommunity college.
l. Members of theCommission.
m. Individuals undercontract with the State working in or against a position included under thissubdivision.
(30a) through (30j )Reserved for future codification purposes.
(30k) State agency. Anagency in the executive branch of the government of this State, including theGovernor's Office, a board, a department, a division, and any other unit ofgovernment in the executive branch.
(30l) Reserved for futurecodification purposes.
(31) Vested trust. Atrust, annuity, or other funds held by a trustee or other third party for thebenefit of the covered person or a member of the covered person's immediatefamily, except a blind trust. A vested trust shall not include a widely heldinvestment fund, including a mutual fund, regulated investment company, orpension or deferred compensation plan, if:
a. The covered personor a member of the covered person's immediate family neither exercises nor hasthe ability to exercise control over the financial interests held by the fund;and
b. The fund is publiclytraded, or the fund's assets are widely diversified. (2006‑201, s. 1; 2007‑347,ss. 7, 8; 2007‑348, ss. 19‑26; 2008‑187, s. 44; 2008‑213,ss. 40‑54, 84(c).)
(1) Blind trust. Atrust established by or for the benefit of a covered person or a member of thecovered person's immediate family for the purpose of divestiture of all controland knowledge of assets. A trust qualifies as a blind trust under thissubdivision if the covered person or a member of the covered person's immediatefamily has no knowledge of the holdings and sources of income of the trust, thetrustee of the trust is independent of and not associated with or employed bythe covered person or a member of the covered person's immediate family and isnot a member of the covered person's extended family, and the trustee has solediscretion as to the management of the trust assets.
(1c) Board. Any Stateboard, commission, council, committee, task force, authority, or similar publicbody, however denominated, created by statute or executive order, as determinedand designated by the Commission, except for those public bodies that have onlyadvisory authority.
(2) Business. Any ofthe following organized for profit:
a. Association.
b. Business trust.
c. Corporation.
d. Enterprise.
e. Joint venture.
f. Organization.
g. Partnership.
h. Proprietorship.
i. Vested trust.
j. Every otherbusiness interest, including ownership or use of land for income.
(3) Business with whichassociated. A business in which the covered person or filing person or anymember of that covered person's or filing person's immediate family does any ofthe following:
a. Is an employee.
b. Holds a position asa director, officer, partner, proprietor, or member or manager of a limitedliability company, irrespective of the amount of compensation received or theamount of the interest owned.
c. Owns a legal, equitable,or beneficial interest of ten thousand dollars ($10,000) or more in thebusiness or five percent (5%) of the business, whichever is less, other than asa trustee on a deed of trust.
d. Is a lobbyistregistered under Chapter 120C of the General Statutes.
Forpurposes of this subdivision, the term "business" shall not include awidely held investment fund, including a mutual fund, regulated investmentcompany, or pension or deferred compensation plan, if all of the followingapply:
1. The covered person,filing person, or a member of the covered person's or filing person's immediatefamily neither exercises nor has the ability to exercise control over thefinancial interests held by the fund.
2. The fund is publiclytraded, or the fund's assets are widely diversified.
(4) Commission. TheState Ethics Commission.
(5) Committee. TheLegislative Ethics Committee as created in Part 3 of Article 14 of Chapter 120of the General Statutes.
(6) Compensation. Anymoney, thing of value, or economic benefit conferred on or received by anycovered person or filing person in return for services rendered or to berendered by that covered person or filing person or another. This term does notinclude campaign contributions properly received and, reported as required byArticle 22A of Chapter 163 of the General Statutes.
(7) Confidentialinformation. Information defined as confidential by the law.
(8) Constitutionalofficers of the State. Officers whose offices are established by Article IIIof the North Carolina Constitution.
(9) Contract. Anyagreement, including sales and conveyances of real and personal property, andagreements for the performance of services.
(10) Covered person. Alegislator, public servant, or judicial officer, as identified by the Commissionunder G.S. 138A‑11.
(11) Repealed by SessionLaws 2008‑213, s. 84(c), effective August 15, 2008.
(12) Employing entity. Forpublic servants, any of the following bodies of State government of which thepublic servant is an employee or a member, or over which the public servantexercises supervision: agencies, authorities, boards, commissions, committees,councils, departments, offices, institutions and their subdivisions, andconstitutional offices of the State. For legislators, it is the house of whichthe legislator is a member. For legislative employees, it is the authority thathired the individual. For judicial employees, it is the Chief Justice.
(13) Extended family. Spouse,lineal descendant, lineal ascendant, sibling, spouse's lineal descendant,spouse's lineal ascendant, spouse's sibling, and the spouse of any of theseindividuals.
(14) Filing person. Anindividual required to file a statement of economic interest under G.S. 138A‑22.
(14c) Financial benefit. Adirect pecuniary gain or loss to the legislator, the public servant, or aperson with which the legislator or public servant is associated, or a directpecuniary loss to a business competitor of the legislator, the public servant,or a person with which the legislator or public servant is associated.
(15) Gift. Anything ofmonetary value given or received without valuable consideration by or from alobbyist, lobbyist principal, liaison personnel, or a person described underG.S. 138A‑32(d)(1), (2), or (3). The following shall not be consideredgifts under this subdivision:
a. Anything for whichfair market value, or face value if shown, is paid by the covered person orlegislative employee.
b. Commerciallyavailable loans made on terms not more favorable than generally available tothe general public in the normal course of business if not made for the purposeof lobbying.
c. Contractualarrangements or commercial relationships or arrangements made in the normalcourse of business if not made for the purpose of lobbying.
d. Academic or athleticscholarships based on the same criteria as applied to the public.
e. Campaigncontributions properly received and reported as required under Article 22A ofChapter 163 of the General Statutes.
f. Expressions ofcondolence related to a death of an individual, sent within a reasonable timeof the death, if the expression is one of the following:
1. A sympathy card,letter, or note.
2. Flowers.
3. Food or beveragesfor immediate consumption.
4. Donations to areligious organization, charity, the State or a political subdivision of theState, not to exceed a total of two hundred dollars ($200.00) per death perdonor.
(15a) through (15c) Reservedfor future codification purposes.
(15d) Governmental unit. Apolitical subdivision of the State, and any other entity or organizationcreated by a political subdivision of the State.
(16) Honorarium. Paymentfor services for which fees are not legally or traditionally required.
(17) Immediate family. Anunemancipated child of the covered person residing in the household and thecovered person's spouse, if not legally separated. A member of a coveredperson's extended family shall also be considered a member of the immediatefamily if actually residing in the covered person's household.
(18) Judicial employee. Thedirector and assistant director of the Administrative Office of the Courts andany other individual, designated by the Chief Justice, employed in the JudicialDepartment whose annual compensation from the State is sixty thousand dollars($60,000) or more.
(19) Judicial officer. Justiceor judge of the General Court of Justice, district attorney, clerk of court, orany individual elected or appointed to any of these positions prior to takingoffice.
(20) Legislative action. As the term is defined in G.S. 120C‑100.
(21) Legislative employee. As the term is defined in G.S. 120C‑100.
(22) Legislator. Amember or presiding officer of the General Assembly, or an individual electedor appointed a member or presiding officer of the General Assembly beforetaking office.
(23) Lobbying. As theterm is defined in G.S. 120C‑100.
(24) Nonprofit corporationor organization with which associated. Any not for profit corporation,organization, or association, incorporated or otherwise, that is organized oroperating in the State primarily for religious, charitable, scientific,literary, public health and safety, or educational purposes and of which thecovered person, filing person, or any member of the covered person's or filingperson's immediate family is a director, officer, governing board member,employee, lobbyist registered under Chapter 120C of the General Statutes, orindependent contractor. Nonprofit corporation or organization with whichassociated shall not include any board, entity, or other organization createdby this State or by any political subdivision of this State.
(25) Official action. Anydecision, including administration, approval, disapproval, preparation,recommendation, the rendering of advice, and investigation, made orcontemplated in any proceeding, application, submission, request for a rulingor other determination, contract, claim, controversy, investigation, charge, orrule making.
(26) Participate. Totake part in, influence, or attempt to influence, including acting through anagent or proxy.
(26c) Permanent designee. Anindividual designated by a public servant to serve and vote in the absence ofthe public servant on a regular basis on a board on which the public servantserves.
(27) Person. Anyindividual, firm, partnership, committee, association, corporation, business,or any other organization or group of persons acting together. The term"person" does not include the State, a political subdivision of theState, a board, or any other entity or organization created by the State or apolitical subdivision of the State.
(27c) Person with which thelegislator is associated. Any of the following:
a. A member of thelegislator's extended family.
b. A client of thelegislator.
c. A business withwhich the legislator or a member of the legislator's immediate family isassociated.
d. A nonprofitcorporation or association with which the legislator or a member of thelegislator's immediate family is associated.
e. The State, apolitical subdivision of the State, a board, or any other entity ororganization created by the State or a political subdivision of the State thatemploys the legislator or a member of the legislator's immediate family.
(27d) Person with which thepublic servant is associated. Any of the following:
a. A member of thepublic servant's extended family.
b. A client of thepublic servant.
c. A business withwhich the public servant or a member of the public servant's immediate familyis associated.
d. A nonprofitcorporation or association with which the public servant or a member of thepublic servant's immediate family is associated.
e. The State, apolitical subdivision of the State, a board, or any other entity ororganization created by the State or a political subdivision of the State thatemploys the public servant or a member of the public servant's immediatefamily.
(28) Political party. Eitherof the two largest political parties in the State based on statewide voterregistration at the applicable time.
(29) Repealed by SessionLaws 2008‑213, s. 49, effective August 15, 2008.
(30) Public servants. Allof the following:
a. Constitutionalofficers of the State and individuals elected or appointed as constitutionalofficers of the State prior to taking office.
b. Employees of theOffice of the Governor.
c. Heads of allprincipal State departments, as set forth in G.S. 143B‑6, who areappointed by the Governor.
d. The chief deputy andchief administrative assistant of each individual designated under sub‑subdivisiona. or c. of this subdivision.
e. Confidentialassistants and secretaries as defined in G.S. 126‑5(c)(2), to individualsdesignated under sub‑subdivision a., c., or d. of this subdivision.
f. Employees in exemptpositions designated in accordance with G.S. 126‑5(d)(1), (2), or (2a)and confidential secretaries to these individuals.
g. Any other employeesor appointees in the principal State departments as may be designated by theGovernor to the extent that the designation does not conflict with the StatePersonnel Act.
h. Judicial employees.
i. All voting membersof boards, including ex officio members, permanent designees of any votingmember, and members serving by executive, legislative, or judicial branchappointment.
j. For The Universityof North Carolina, the voting members of the Board of Governors of TheUniversity of North Carolina, the president, the vice‑presidents, and thechancellors, the vice‑chancellors, and voting members of the boards oftrustees of the constituent institutions.
k. For the CommunityCollege System, the voting members of the State Board of Community Colleges,the President and the chief financial officer of the Community College System,the president, chief financial officer, and chief administrative officer ofeach community college, and voting members of the boards of trustees of eachcommunity college.
l. Members of theCommission.
m. Individuals undercontract with the State working in or against a position included under thissubdivision.
(30a) through (30j )Reserved for future codification purposes.
(30k) State agency. Anagency in the executive branch of the government of this State, including theGovernor's Office, a board, a department, a division, and any other unit ofgovernment in the executive branch.
(30l) Reserved for futurecodification purposes.
(31) Vested trust. Atrust, annuity, or other funds held by a trustee or other third party for thebenefit of the covered person or a member of the covered person's immediatefamily, except a blind trust. A vested trust shall not include a widely heldinvestment fund, including a mutual fund, regulated investment company, orpension or deferred compensation plan, if:
a. The covered personor a member of the covered person's immediate family neither exercises nor hasthe ability to exercise control over the financial interests held by the fund;and
b. The fund is publiclytraded, or the fund's assets are widely diversified. (2006‑201, s. 1; 2007‑347,ss. 7, 8; 2007‑348, ss. 19‑26; 2008‑187, s. 44; 2008‑213,ss. 40‑54, 84(c).)
(1) Blind trust. Atrust established by or for the benefit of a covered person or a member of thecovered person's immediate family for the purpose of divestiture of all controland knowledge of assets. A trust qualifies as a blind trust under thissubdivision if the covered person or a member of the covered person's immediatefamily has no knowledge of the holdings and sources of income of the trust, thetrustee of the trust is independent of and not associated with or employed bythe covered person or a member of the covered person's immediate family and isnot a member of the covered person's extended family, and the trustee has solediscretion as to the management of the trust assets.
(1c) Board. Any Stateboard, commission, council, committee, task force, authority, or similar publicbody, however denominated, created by statute or executive order, as determinedand designated by the Commission, except for those public bodies that have onlyadvisory authority.
(2) Business. Any ofthe following organized for profit:
a. Association.
b. Business trust.
c. Corporation.
d. Enterprise.
e. Joint venture.
f. Organization.
g. Partnership.
h. Proprietorship.
i. Vested trust.
j. Every otherbusiness interest, including ownership or use of land for income.
(3) Business with whichassociated. A business in which the covered person or filing person or anymember of that covered person's or filing person's immediate family does any ofthe following:
a. Is an employee.
b. Holds a position asa director, officer, partner, proprietor, or member or manager of a limitedliability company, irrespective of the amount of compensation received or theamount of the interest owned.
c. Owns a legal, equitable,or beneficial interest of ten thousand dollars ($10,000) or more in thebusiness or five percent (5%) of the business, whichever is less, other than asa trustee on a deed of trust.
d. Is a lobbyistregistered under Chapter 120C of the General Statutes.
Forpurposes of this subdivision, the term "business" shall not include awidely held investment fund, including a mutual fund, regulated investmentcompany, or pension or deferred compensation plan, if all of the followingapply:
1. The covered person,filing person, or a member of the covered person's or filing person's immediatefamily neither exercises nor has the ability to exercise control over thefinancial interests held by the fund.
2. The fund is publiclytraded, or the fund's assets are widely diversified.
(4) Commission. TheState Ethics Commission.
(5) Committee. TheLegislative Ethics Committee as created in Part 3 of Article 14 of Chapter 120of the General Statutes.
(6) Compensation. Anymoney, thing of value, or economic benefit conferred on or received by anycovered person or filing person in return for services rendered or to berendered by that covered person or filing person or another. This term does notinclude campaign contributions properly received and, reported as required byArticle 22A of Chapter 163 of the General Statutes.
(7) Confidentialinformation. Information defined as confidential by the law.
(8) Constitutionalofficers of the State. Officers whose offices are established by Article IIIof the North Carolina Constitution.
(9) Contract. Anyagreement, including sales and conveyances of real and personal property, andagreements for the performance of services.
(10) Covered person. Alegislator, public servant, or judicial officer, as identified by the Commissionunder G.S. 138A‑11.
(11) Repealed by SessionLaws 2008‑213, s. 84(c), effective August 15, 2008.
(12) Employing entity. Forpublic servants, any of the following bodies of State government of which thepublic servant is an employee or a member, or over which the public servantexercises supervision: agencies, authorities, boards, commissions, committees,councils, departments, offices, institutions and their subdivisions, andconstitutional offices of the State. For legislators, it is the house of whichthe legislator is a member. For legislative employees, it is the authority thathired the individual. For judicial employees, it is the Chief Justice.
(13) Extended family. Spouse,lineal descendant, lineal ascendant, sibling, spouse's lineal descendant,spouse's lineal ascendant, spouse's sibling, and the spouse of any of theseindividuals.
(14) Filing person. Anindividual required to file a statement of economic interest under G.S. 138A‑22.
(14c) Financial benefit. Adirect pecuniary gain or loss to the legislator, the public servant, or aperson with which the legislator or public servant is associated, or a directpecuniary loss to a business competitor of the legislator, the public servant,or a person with which the legislator or public servant is associated.
(15) Gift. Anything ofmonetary value given or received without valuable consideration by or from alobbyist, lobbyist principal, liaison personnel, or a person described underG.S. 138A‑32(d)(1), (2), or (3). The following shall not be consideredgifts under this subdivision:
a. Anything for whichfair market value, or face value if shown, is paid by the covered person orlegislative employee.
b. Commerciallyavailable loans made on terms not more favorable than generally available tothe general public in the normal course of business if not made for the purposeof lobbying.
c. Contractualarrangements or commercial relationships or arrangements made in the normalcourse of business if not made for the purpose of lobbying.
d. Academic or athleticscholarships based on the same criteria as applied to the public.
e. Campaigncontributions properly received and reported as required under Article 22A ofChapter 163 of the General Statutes.
f. Expressions ofcondolence related to a death of an individual, sent within a reasonable timeof the death, if the expression is one of the following:
1. A sympathy card,letter, or note.
2. Flowers.
3. Food or beveragesfor immediate consumption.
4. Donations to areligious organization, charity, the State or a political subdivision of theState, not to exceed a total of two hundred dollars ($200.00) per death perdonor.
(15a) through (15c) Reservedfor future codification purposes.
(15d) Governmental unit. Apolitical subdivision of the State, and any other entity or organizationcreated by a political subdivision of the State.
(16) Honorarium. Paymentfor services for which fees are not legally or traditionally required.
(17) Immediate family. Anunemancipated child of the covered person residing in the household and thecovered person's spouse, if not legally separated. A member of a coveredperson's extended family shall also be considered a member of the immediatefamily if actually residing in the covered person's household.
(18) Judicial employee. Thedirector and assistant director of the Administrative Office of the Courts andany other individual, designated by the Chief Justice, employed in the JudicialDepartment whose annual compensation from the State is sixty thousand dollars($60,000) or more.
(19) Judicial officer. Justiceor judge of the General Court of Justice, district attorney, clerk of court, orany individual elected or appointed to any of these positions prior to takingoffice.
(20) Legislative action. As the term is defined in G.S. 120C‑100.
(21) Legislative employee. As the term is defined in G.S. 120C‑100.
(22) Legislator. Amember or presiding officer of the General Assembly, or an individual electedor appointed a member or presiding officer of the General Assembly beforetaking office.
(23) Lobbying. As theterm is defined in G.S. 120C‑100.
(24) Nonprofit corporationor organization with which associated. Any not for profit corporation,organization, or association, incorporated or otherwise, that is organized oroperating in the State primarily for religious, charitable, scientific,literary, public health and safety, or educational purposes and of which thecovered person, filing person, or any member of the covered person's or filingperson's immediate family is a director, officer, governing board member,employee, lobbyist registered under Chapter 120C of the General Statutes, orindependent contractor. Nonprofit corporation or organization with whichassociated shall not include any board, entity, or other organization createdby this State or by any political subdivision of this State.
(25) Official action. Anydecision, including administration, approval, disapproval, preparation,recommendation, the rendering of advice, and investigation, made orcontemplated in any proceeding, application, submission, request for a rulingor other determination, contract, claim, controversy, investigation, charge, orrule making.
(26) Participate. Totake part in, influence, or attempt to influence, including acting through anagent or proxy.
(26c) Permanent designee. Anindividual designated by a public servant to serve and vote in the absence ofthe public servant on a regular basis on a board on which the public servantserves.
(27) Person. Anyindividual, firm, partnership, committee, association, corporation, business,or any other organization or group of persons acting together. The term"person" does not include the State, a political subdivision of theState, a board, or any other entity or organization created by the State or apolitical subdivision of the State.
(27c) Person with which thelegislator is associated. Any of the following:
a. A member of thelegislator's extended family.
b. A client of thelegislator.
c. A business withwhich the legislator or a member of the legislator's immediate family isassociated.
d. A nonprofitcorporation or association with which the legislator or a member of thelegislator's immediate family is associated.
e. The State, apolitical subdivision of the State, a board, or any other entity ororganization created by the State or a political subdivision of the State thatemploys the legislator or a member of the legislator's immediate family.
(27d) Person with which thepublic servant is associated. Any of the following:
a. A member of thepublic servant's extended family.
b. A client of thepublic servant.
c. A business withwhich the public servant or a member of the public servant's immediate familyis associated.
d. A nonprofitcorporation or association with which the public servant or a member of thepublic servant's immediate family is associated.
e. The State, apolitical subdivision of the State, a board, or any other entity ororganization created by the State or a political subdivision of the State thatemploys the public servant or a member of the public servant's immediatefamily.
(28) Political party. Eitherof the two largest political parties in the State based on statewide voterregistration at the applicable time.
(29) Repealed by SessionLaws 2008‑213, s. 49, effective August 15, 2008.
(30) Public servants. Allof the following:
a. Constitutionalofficers of the State and individuals elected or appointed as constitutionalofficers of the State prior to taking office.
b. Employees of theOffice of the Governor.
c. Heads of allprincipal State departments, as set forth in G.S. 143B‑6, who areappointed by the Governor.
d. The chief deputy andchief administrative assistant of each individual designated under sub‑subdivisiona. or c. of this subdivision.
e. Confidentialassistants and secretaries as defined in G.S. 126‑5(c)(2), to individualsdesignated under sub‑subdivision a., c., or d. of this subdivision.
f. Employees in exemptpositions designated in accordance with G.S. 126‑5(d)(1), (2), or (2a)and confidential secretaries to these individuals.
g. Any other employeesor appointees in the principal State departments as may be designated by theGovernor to the extent that the designation does not conflict with the StatePersonnel Act.
h. Judicial employees.
i. All voting membersof boards, including ex officio members, permanent designees of any votingmember, and members serving by executive, legislative, or judicial branchappointment.
j. For The Universityof North Carolina, the voting members of the Board of Governors of TheUniversity of North Carolina, the president, the vice‑presidents, and thechancellors, the vice‑chancellors, and voting members of the boards oftrustees of the constituent institutions.
k. For the CommunityCollege System, the voting members of the State Board of Community Colleges,the President and the chief financial officer of the Community College System,the president, chief financial officer, and chief administrative officer ofeach community college, and voting members of the boards of trustees of eachcommunity college.
l. Members of theCommission.
m. Individuals undercontract with the State working in or against a position included under thissubdivision.
(30a) through (30j )Reserved for future codification purposes.
(30k) State agency. Anagency in the executive branch of the government of this State, including theGovernor's Office, a board, a department, a division, and any other unit ofgovernment in the executive branch.
(30l) Reserved for futurecodification purposes.
(31) Vested trust. Atrust, annuity, or other funds held by a trustee or other third party for thebenefit of the covered person or a member of the covered person's immediatefamily, except a blind trust. A vested trust shall not include a widely heldinvestment fund, including a mutual fund, regulated investment company, orpension or deferred compensation plan, if:
a. The covered personor a member of the covered person's immediate family neither exercises nor hasthe ability to exercise control over the financial interests held by the fund;and
b. The fund is publiclytraded, or the fund's assets are widely diversified. (2006‑201, s. 1; 2007‑347,ss. 7, 8; 2007‑348, ss. 19‑26; 2008‑187, s. 44; 2008‑213,ss. 40‑54, 84(c).)
