North Carolina § 143B-433 - Department of Commerce - organization.

§ 143B-433. Department of Commerce - organization.

The Department of Commerce shall be organized to include: The following agencies: Repealed by Session Laws 2014-100, s. 15.2A(c), effective October 1, 2014. The North Carolina Utilities Commission. Repealed by Session Laws 2011-401, s. 1.5, effective November 1, 2011. Repealed by Session Laws 2017-57, s. 15.19A(b), effective July 1, 2017. State Banking Commission. Savings Institutions Division. Repealed by Session Laws 2001-193, s. 11, effective July 1, 2001. Credit Union Commission. Repealed by Session Laws 2004-199, s. 27(d), effective August 17, 2004. The North Carolina Mutual Burial Association Commission. Repealed by Session Laws 2012-120, s. 3(g), effective June 28, 2012. The North Carolina Rural Electrification Authority. Repealed by Session Laws 1985, c. 757, s. 179(d). North Carolina Science and Technology Research Center. Repealed by Session Laws 2011-145, s. 14.6(g), effective July 1, 2011. Repealed by Session Laws 2010-180, s. 7(f), effective August 2, 2010. Economic Development Board. Labor Force Development Council. , t. Repealed by Session Laws 2000, c. 140, s. 76.(j), effective September 30, 2000. Those agencies which are transferred to the Department of Commerce including the: Community Assistance Division. Repealed by Session Laws 2021-90, s. 9(c), effective July 22, 2021. Employment and Training Division. Job Training Coordinating Council. The Division of Employment Security. Such divisions as may be established pursuant to Article 1 of this Chapter. u. Navigation and Pilotage Commissions established by Chapter 76 of the General Statutes. v. Repealed by Session Laws 1993, c. 321, s. 313b. w. The Rural Economic Development Division. x. The Rural Infrastructure Authority. History (1977, c. 198, s. 1; 1979, c. 668, s. 2; 1981, c. 412, ss. 4, 5; 1983, c. 899, s. 1; 1985, c. 757, s. 179(d); 1989, c. 76, s. 26; c. 727, s. 8; c. 751, s. 7(28); 1991 (Reg. Sess., 1992), c. 959, s. 52; 1993, c. 321, s. 313(b); 1998-217, s. 19; 2000-140, s. 76(j); 2001-193, s. 11; 2004-199, s. 27(d); 2010-180, s. 7(f); 2011-145, s. 14.6(g); 2011-401, s. 1.5; 2012-120, s. 3(g); 2013-360, s. 15.10(e); 2014-100, s. 15.2A(c); 2017-57, s. 15.19A(b); 2021-90, s. 9(c).) Editor's Note. - Session Laws 1997-313, which, effective January 1, 1998, transferred the authority, powers, duties, and functions vested in the North Carolina Mutual Burial Association Commission and in the Burial Association Administrator to the North Carolina Board of Mortuary Science, and abolished the North Carolina Mutual Burial Association Commission, provides in s. 7: "(a) Effective January 1, 1998, references in the Session Laws to the North Carolina Mutual Burial Association Commission or the Burial Association Administrator shall be deemed to refer to the Board of Mortuary Science. Every Session Law that refers to the North Carolina Mutual Burial Association Commission or the Burial Association Administrator and that relates to any power, duty, function, or obligation of the Commission or the Administrator that continues in effect after the provisions of this act become effective shall be construed in a manner consistent with this act. "(b) The Revisor of Statutes may on and after the effective date of this act, correct any reference or citation in the General Statutes that is amended by this act by deleting incorrect references and substituting correct references. "(c) The Revisor of Statutes may, on and after the first day of January 1998, delete any reference to the North Carolina Mutual Burial Association Commission or to the Burial Association Administrator in any portion of the General Statutes to which conforming amendments are not made by this act and substitute, as appropriate and consistent with this act, any of the following terms: North Carolina Board of Mortuary Science, Board of Mortuary Science, or Board." However, subdivision (1)j of this section is set out above as directed by the Revisor of Statutes. Session Laws 2001-193, s. 15, provides: "All (i) statutory authority, powers, duties, and functions, including rule making, budgeting, and purchasing, (ii) records, (iii) personnel, personnel positions, and salaries, (iv) property, and (v) unexpended balances of appropriations, allocations, reserves, support costs, and other funds of the Savings Institutions Division of the Department of Commerce are transferred to and vested in the Office of Commissioner of Banks authorized by Article 8 of Chapter 53 of the General Statutes. Though transferred to the Office of Commissioner of Banks pursuant to this section, the Savings Institutions Division shall continue to function under that name. All statutory authority, powers, duties, and functions of the Administrator of the Savings Institutions Division are transferred to and vested in the Commissioner of Banks. This transfer has all the elements of a Type I transfer, as defined in G.S. 143A-6." Session Laws 2004-199, s. 27(d), repealed G.S. 143B-433(1)(i). The apparent intent of the General Assembly was to repeal G.S. 143B-433(1)i., which has been set out as repealed at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2011-401, ss. 1.1 to 1.3, provide: "SECTION 1.1. Transfers of agency, powers, duties. - The statutory authority, powers, duties, functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds of the Employment Security Commission are transferred to the Department of Commerce with all of the elements of a Type I transfer as defined by G.S. 143A-6. "SECTION 1.2. Continuation of duties. - Any previous assignment of duties of a quasi-legislative and quasi-judicial nature by the Governor or General Assembly shall have continued validity with the transfer under this act. Except as otherwise specifically provided in this act, each enumerated commission, board, office, bureau, or other subunit of State government transferred to the Secretary of Commerce and the Department of Commerce, Division of Employment Security, is a continuation of the former entity for purposes of succession to all the rights, powers, duties, and obligations of the former. Where the former entities are referred to by law, contract, or other document in their former name, the Secretary of Commerce and the Department of Commerce, Division of Employment Security, are charged with exercising the functions of the former named entity. "SECTION 1.3. No action or proceeding pending on November 1, 2011, brought by or against the Employment Security Commission shall be affected by any provision of this act, but the same may be prosecuted or defended in the name of the Department of Commerce, Division of Employment Security. In these actions and proceedings, the Secretary of Commerce or the Department of Commerce shall be substituted as a party upon proper application to the courts or other administrative or quasi-judicial bodies. "Any business or other matter undertaken or commanded by any State program or office or contract transferred by this act to the Employment Safety and Security Commission, or by the commissioners or directors thereof, pertaining to or connected with the functions, powers, obligations, and duties set forth herein, which is pending on the date this act becomes effective, may be conducted and completed by the Employment Safety and Security Commission in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the original program, office, or commissioners, or directors thereof." Session Laws 2011-401, s. 4.2, provides: "By June 30, 2012, the Secretary of the Department of Commerce shall make a detailed written report to the Joint Legislative Program Evaluation Oversight Committee, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division on the consolidation of the Employment Security Commission into the Department of Commerce and on any changes the Secretary recommends to maintain the solvency of the Employment Security Fund." Session Laws 2014-100, s. 15.2A(a), provides: "The North Carolina Alcoholic Beverage Control Commission is hereby transferred to the Department of Public Safety. This transfer shall have all of the elements of a Type II transfer, as described in G.S. 143A-6, except that the management functions of the ABC Commission shall not be performed under the direction and supervision of the Secretary of the Department of Public Safety." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Effect of Amendments. - Session Laws 2004-199, s. 27(d), effective August 17, 2004, repealed subdivision (1)i. Session Laws 2010-180, s. 7(f), effective August 2, 2010, deleted subdivision (1)p., which read: "North Carolina National Park, Parkway and Forests Development Council." Session Laws 2011-145, s. 14.6(g), effective July 1, 2011, deleted subdivision (1)o., which read: "The North Carolina State Ports Authority." Session Laws 2011-401, s. 1.5, effective November 1, 2011, deleted subdivision (1)c., which read: "The Employment Security Commission"; added subdivision (3); and redesignated former subdivision (3) as subdivision (4). Session Laws 2012-120, s. 3(g), effective June 28, 2012, repealed subdivision (1)k, which read: "North Carolina Cemetery Commission." Session Laws 2013-360, s. 15.10(e), effective July 1, 2013, added sub-subdivisions (1)w. and (1)x. Session Laws 2014-100, s. 15.2A(c), effective October 1, 2014, repealed subdivision (1)a. Session Laws 2017-57, s. 15.19A(b), effective July 1, 2017, repealed subdivision (1)d, which read: "The North Carolina Industrial Commission." Session Laws 2021-90, s. 9(c), effective July 22, 2021, repealed sub-subdivision (2)b., which read: "Community Development Council.” PART 1A. HOUSING COORDINATION AND POLICY COUNCIL.