North Carolina § 143-745 - Definitions; intent; applicability.

§ 143-745. Definitions; intent; applicability.

For the purposes of this section: "Agency head" means the Governor, a Council of State member, a cabinet secretary, the President of The University of North Carolina, the President of the Community College System, the State Controller, and other independent appointed officers with authority over a State agency. "State agency" means each department created pursuant to Chapter 143A or 143B of the General Statutes, and includes all institutions, boards, commissions, authorities, by whatever name, that is a unit of the executive branch of State government, including The University of North Carolina, and the Community Colleges System Office. The term does not include a unit of local government. This Article applies only to a State agency that: Has an annual operating budget that exceeds ten million dollars ($10,000,000); Has more than 100 full-time equivalent employees; or Receives and processes more than ten million dollars ($10,000,000) in cash in a fiscal year. History (2007-424, s. 1; 2009-516, s. 2; 2013-406, s. 1; 2016-126, 4th Ex. Sess., s. 9.) Editor's Note. - This section was originally enacted as G.S. 143-738 . It has been renumbered as this section at the direction of the Revisor of Statutes. The definitions of "State agency" and "Agency head" were renumbered at the direction of the Revisor of Statutes to preserve alphabetical order. Effect of Amendments. - Session Laws 2009-516, s. 2, effective August 26, 2009, deleted "the Chief Justice of the Supreme Court" following "a cabinet secretary" in subdivision (a)(1); and deleted "the Judicial Branch" following "General Statutes" in subdivision (a)(2). Session Laws 2013-406, s. 1, effective August 23, 2013, in subdivision (a)(1), substituted "the President of the Community College System, and State Controller, and other independent appoint officer with authority over a State agency" for "and the Superintendent of Public Instruction," and added the second sentence; in subdivision (a)(2), inserted "and includes all institutions, boards, commissions, authorities, by whatever name, that is a unit of the executive branch of State government, including," substituted "Community Colleges System Office" for "Department of Public Instruction," and added the second sentence. Session Laws 2016-126, 4th Ex. Sess., s. 9, effective January 1, 2017, in subdivision (a)(1), deleted the former last sentence, which read: "The agency head for the Department of Public Instruction shall be the State Board of Education."