North Carolina § 143-340 - Powers and duties of Secretary.

§ 143-340. Powers and duties of Secretary.

The Secretary of Administration has the following powers and duties: To establish the State Employee Suggestion Program pursuant to Article 36A of this Chapter, with the authority to adopt all rules necessary to implement the program. The Secretary shall serve ex officio on all program committees and shall designate an executive secretary to administer the program. through (9) Repealed by Session Laws 1975, c. 879, s. 46. To allocate to the General Assembly, upon 30 days' written notice, the number of parking spaces requested by the Legislative Services Commission Officer in Lot 7 of the State Government Parking Complex. The allocation of parking spaces under this subdivision is not subject to the approval of the Governor and the Council of State. (10) To require reports from any State agency at any time upon any matters within the scope of the responsibilities of the Secretary or the Department. (11) Repealed by Session Laws 1975, c. 879, s. 46. (12) To enter the premises of any State agency; to inspect its property; and to examine its books, papers, documents, and all other agency records and copy any of them; and any State agency shall permit such entry, examination, and copying, and upon demand shall produce without unnecessary delay all books, papers, documents, and other records in its office and furnish information respecting its records and other matters pertaining to that agency and related to the responsibilities of the Department. (13) Repealed by Session Laws 1975, c. 879, s. 46. (14) Repealed by Session Laws 1989, c. 239, s. 1. (15), (16) Repealed by Session Laws 1975, c. 879, s. 46. (17) To supervise the work of janitors appointed by the General Assembly to perform services in connection with the sessions of the General Assembly. (18) To adopt reasonable rules and regulations with respect to the parking of automobiles on all public grounds, subject to the approval of the Governor and Council of State, and to enforce those rules and regulations. Any person who violates a rule or regulation concerning parking on public grounds is guilty of a Class 1 misdemeanor. Upon the allocation of parking spaces to any agency pursuant to such rules and regulations, the agency shall adopt written guidelines governing the individual assignment of such parking spaces by the agency. Such guidelines shall give first priority treatment to the physically handicapped and to carpoolers and vanpoolers, however, first priority shall be given to those on call for duty at a time other than normal working hours. A copy of said guidelines shall be made available for inspection by any person upon request. (19) Any motor vehicle parked in a State-owned parking lot, when such lot is clearly designated as such by a sign no smaller than 24 inches by 24 inches prominently displayed at the entrance thereto, in violation of the "Rules and Regulations Governing State-Owned Parking Lots" dated September, 1968 or as amended, may be removed from such lot to a place of storage and the registered owner of that vehicle shall become liable for removal and storage charges. Any person who removes a vehicle pursuant to this section shall not be held liable for damages for the removal of the vehicle to the owner, lienholder or other person legally entitled to the possession of the vehicle removed; however, any person who intentionally or negligently damages a vehicle in the removal of such vehicle, or intentionally or negligently inflicts injury upon any person in the removal of such vehicle, may be held liable for damages. Any motor vehicle parked without authorization on State-owned public grounds under the control of the Department of Administration other than a designated parking area may be removed from that property to a storage area and the registered owner of the vehicle shall be liable for removal and storage fees. (20) To use at all times such means as, in his opinion, may be effective in protecting all public buildings and grounds from fire. (21), (22) Repealed by Session Laws 2009-451, s. 17.3(b), effective July 1, 2009. (23) Repealed by Session Laws 1975, c. 879, s. 46. (24) To perform such additional duties as the Governor may direct. (25) Repealed by Session Laws 1991, c. 542, s. 9. (26) To establish the State Employees Combined Campaign in the Department of Administration to allow State employees the opportunity to contribute to charitable nonpartisan organizations in an orderly and uniform process, with the authority to adopt all rules necessary to implement the campaign. History (1957, c. 215, s. 2; c. 269, s. 1; 1969, c. 627; c. 1267, s. 4; 1971, c. 280; c. 1097, s. 2; 1975, c. 204; c. 879, s. 46; 1977, c. 119; c. 288, s. 2; 1979, c. 901, ss. 1, 2; c. 930; 1981, c. 696; 1981 (Reg. Sess., 1982), c. 1239, s. 4; 1983, c. 406; c. 420, s. 7; 1987, c. 274; 1989, c. 239, s. 1; c. 644, s. 5; 1991, c. 542, s. 9; 1993, c. 539, s. 1029; 1994, Ex. Sess., c. 24, s. 14(c); 1997-513, s. 3; 1999-250, s. 1; 2001-424, s. 7.2(a); 2009-451, s. 17.3(b); 2010-96, s. 41.3; 2017-199, s. 2.) Cross References. - As to post-towing procedures, see G.S. 20-219.9 et seq. For department reporting provisions on projects let without a performance or payment bond, see G.S. 143-129(i) . Editor's Note. - Session Laws 1997-513, s. 4, states that this act shall not be construed to obligate the General Assembly to make any appropriation to implement the provisions of this act. Each State agency to which this act applies shall implement the provisions of this act from funds otherwise appropriated to that State agency. Session Laws 1999-250, s. 2(a), provided that any rule pertaining to the State Employees Combined Campaign adopted prior to the effective date of this act, July 2, 1999, is ratified and affirmed. Session Laws 1999-250, s. 2(b), provided that this act constitutes a recent act of the General Assembly within the meaning of G.S. 150B-21.1 . The Secretary of Administration may adopt temporary rules to implement the provisions of subdivision (26), as added by Section 1 of this act. Session Laws 1999-250, s. 3, provides that this act is effective when it becomes law (July 2, 1999) and applies to any rule-making proceeding initiated by the Department of Administration for the State Employees Combined Campaign before that date. Session Laws 2009-451, s. 17.3(a), provides: "The State Capitol Police is hereby transferred by a Type I transfer, as defined in G.S. 143A-6 , from the Department of Administration to the Department of Crime Control and Public Safety." Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'." Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5, is a severability clause. Session Laws 2010-96, s. 41.3 was contingent upon Senate Bill 1242, 2009 Regular Session, becoming law. Senate Bill 1242 was enacted as Session Laws 2010-97. Effect of Amendments. - Session Laws 2009-451, s. 17.3(b), effective July 1, 2009, repealed subdivisions (21) and (22). Session Laws 2010-96, s. 41.3, effective July 20, 2010, substituted "Suggestion Program" for "Incentive Bonus Program" in subdivision (1). Session Laws 2017-199, s. 2, effective July 31, 2017, added subdivision (18a).