North Carolina § 143B-427 - Department of Commerce - creation.

§ 143B-427. Department of Commerce - creation.

There is hereby recreated and reconstituted a Department to be known as the "Department of Commerce," with the organization, powers, and duties defined in Article 1 of this Chapter, except as modified in this Article. History (1977, c. 198, s. 1; 1989, c. 751, s. 7(23); 1991 (Reg. Sess., 1992), c. 959, ss. 44, 45.) Study Commission on Economic Development Infrastructure. - Session Laws 2004-161, ss. 49.1 to 49.8, created the Study Commission on Economic Development Infrastructure. Session Laws 2004-161, s. 49.4, provides: "The Commission shall examine the existing infrastructure for the delivery of economic development, including the many entities involved in economic development. The Commission shall develop a plan to restructure and consolidate the infrastructure for the delivery of economic development to improve its organization and effectiveness. The Commission shall specifically examine the role of the following in the delivery of economic development: "(1) The Department of Commerce. "(2) The regional councils of government created pursuant to G.S. 160A-470 . "(3) The Economic Development Board created pursuant to G.S. 143B-434 [now repealed]. The Commission shall consider whether the Economic Development Board, which is currently advisory in nature, should be reconstituted and given responsibility for policy development or regulatory authority. "(4) The regional planning and economic development commissions created pursuant to Article 2 of Chapter 158 of the General Statutes. The Commission shall consider whether regional planning and economic development commissions should be given greater responsibility for marketing and business recruitment." Session Laws 2004-161, s. 49.7, provides: "The Commission shall submit a final report of its findings and recommendations, including any legislative recommendations, to the 2005 General Assembly upon its convening. The Commission shall terminate upon the convening of the 2005 General Assembly." Editor's Note. - Session Laws 2002-126, s. 1.2, provides: "This act shall be known as 'The Current Operations, Capital Improvements, and Finance Act of 2002'." Session Laws 2002-126, s. 8.3, provides: "The State Board of Community Colleges, the Board of Governors of The University of North Carolina, and the Department of Commerce, in conjunction with the North Carolina Board of Economic Development and the seven regional economic development commissions, shall adopt a joint policy that requires the development of a five-year vision plan for each of the economic development regions in the State. The joint policy shall establish a task force for each economic development region. Each task force shall consist of at least one representative from each of the following: the regional economic development commission, the president, the board of trustees of each community college located in that region, the Chancellor, and the board of trustees of each university campus located in that region, and any additional persons as may be designated by the policy. The task force may appoint an executive committee and any subcommittees it deems appropriate. "The policy shall direct each task force to develop a five-year vision plan for its economic development region. At a minimum, each vision plan shall determine the realistic economic development goals and the future job market in that region and shall identify community college and university courses currently offered or needed to effectuate the vision plan. The policy shall require the task forces to review and update their respective vision plans every five years. "If the service area of any community college or university is in more than one economic development region, then the State Board of Community Colleges or the Board of Governors of The University of North Carolina, respectively, shall determine how the participation in the various task forces will be addressed." Session Laws 2004-124, s. 13.6(c), repealed Session Laws 2002-126, s. 8.3, effective July 1, 2004. Session Laws 2002-126, s. 13.9, as amended by Session Laws 2002-159, s. 76(b), provides: "The Kenan-Flagler Business School ('Business School') of the University of North Carolina at Chapel Hill shall study the effectiveness of the economic development activities of the North Carolina Department of Commerce ('Commerce') and the Regional Economic Development Commissions ('Commissions'). In conducting its study the Business School shall work with Commerce and the Commissions to do the following: "(1) Identify how Commerce and the Commissions can improve communication, implement a more coordinated and efficient recruitment and retention effort throughout the State, and avoid duplication of effort, "(2) Establish specific performance measures and outcomes relevant to the mission, goals, and objectives of Commerce and the Commissions, "(3) Develop a 'scorecard' that can be used to measure the extent to which Commerce and the Commissions have achieved their goals, objectives, and outcomes, and "(4) Recommend a performance-based funding mechanism that will inform the General Assembly's decisions regarding appropriations to Commerce and the Commissions. "The Business School also may include in its study and recommendations any other information it deems relevant to the study and its intent. "The Business School shall report its findings and recommendations to the members of the General Assembly and to the Fiscal Research Division by March 15, 2003." Session Laws 2002-126, s. 31.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2002-2003 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2002-2003 fiscal year. For example, uncodified provisions of this act relating to the Medicaid program apply only to the 2002-2003 fiscal year." Session Laws 2002-126, s. 31.6 is a severability clause. Session Laws 2013-360, s. 15.7A(a), (b), provides: "(a) Notwithstanding any other provision of law, and consistent with the authority granted in G.S. 143B-10, the Secretary of the Department of Commerce may reorganize positions and related operational costs within the Department to establish a public-private partnership which includes cost containment measures. Actions under this section may only be implemented after the Office of State Budget and Management has approved a proposal submitted by the Department. Proposals under this section shall include, at a minimum, the positions involved and strategies to achieve efficiencies. The Department of Commerce may use up to one million dollars ($1,000,000) in the 2013-2014 fiscal year of the cost-savings resulting from the establishment of the public-private partnership to cover the costs of reorganizing positions as provided in this subsection. "(b) Not later than April 1, 2014, the Department shall report on any actions under this section to the House of Representatives Appropriations Subcommittee on Natural and Economic Resources, the Senate Appropriations Committee on Natural and Economic Resources, and the Fiscal Research Division." Section 15.7A of Session Laws 2013-360 was repealed by Session Laws 2014-18, s. 1.5, effective June 24, 2014. Session Laws 2015-241, s. 15.4(f), provides: "The Department of Commerce shall, in accordance with Article 2A of Chapter 150B of the General Statutes, amend its rules to reflect the division name changes provided for in this section." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Legal Periodicals. - For article, "The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation," see 29 Campbell L. Rev. 535 (2007).