North Carolina § 143B-437 - 58. Grant recipient to submit records.

§ 143B-437. 58. Grant recipient to submit records.

No later than March 1 of each year, for the preceding grant year, every business that is awarded a grant under this Part shall submit to the Department of Revenue an annual payroll report showing withholdings as a condition of its continuation in the grant program and identifying eligible positions that have been created during the base period that remain filled at the end of each year of the grant. Annual reports submitted to the Department of Revenue shall include social security numbers of individual employees identified in the reports. Upon request of the Committee, the business shall also submit a copy of its State and federal tax returns to the Department of Revenue. The Committee may inspect the information submitted to the Department of Revenue pursuant to this section at the Department of Revenue for purposes of award verification and calculation. Payroll and tax information, including social security numbers of individual employees and State and federal tax returns, submitted under this subsection is tax information subject to G.S. 105-259. Aggregated payroll or withholding tax information submitted or derived under this subsection is not tax information subject to G.S. 105-259. When making a submission under this section, the business must pay the Department of Revenue a fee of the greater of two thousand five hundred dollars ($2,500) or three one-hundredths of one percent (.03%) of an amount equal to the grant less the maximum amount to be transferred pursuant to G.S. 143B-437.61. The fee is due at the time the submission is made. The Secretary of Commerce, the Secretary of Revenue, and the Director of the Office of State Budget and Management shall determine the allocation of the fee imposed by this section among their agencies. The proceeds of the fee are receipts of the agency to which they are credited. The Committee may require any information that it considers necessary to effectuate the provisions of this Part. The Committee may require any business receiving a grant to submit to an audit at any time. The reporting procedures of this section are in lieu of any other general reporting requirements relating to private entities that receive State funds. History (2002-172, s. 2.1(a); 2003-416, s. 2; 2004-124, s. 32G.1(d); 2006-168, s. 1.7; 2006-264, s. 69(f); 2009-394, s. 4; 2013-360, s. 15.21(a); 2018-5, s. 15.1(f).) Editor's Note. - Session Laws 2004-124, s. 32G.1(h), provides: "It is the intent of the General Assembly that the benefits of a robust and growing economy be shared by all citizens of the State regardless of their geographic location or whether they live in urban, suburban, or rural areas. In striving for balanced economic development throughout the State, the General Assembly has designed a system to identify areas of the State that are most in need of additional economic development and has designed economic development programs to provide for relatively stronger incentives in those areas. In keeping with this policy of balanced economic development, the General Assembly strongly encourages the Department of Commerce and the Economic Investment Committee to give priority consideration under the Job Development Investment Grant program to projects that are located or will locate in less economically developed areas." Session Laws 2004-124, s. 32G.1(i), provides: "The Chairs of the Finance Committees of the House of Representatives and the Senate shall conduct a comprehensive, systematic study of the Job Development Investment Grant program. The General Assembly shall use funds available to conduct this study and may hire a consultant to conduct the study. The study shall be completed and submitted to the full 2005 General Assembly no later than April 1, 2005. The study shall include an examination of the following: "(1) The costs of the program on an aggregate basis, an enterprise tier area basis, and a project basis. This study shall include an examination of the amount spent per job on an aggregate basis, an enterprise tier area basis, and a project basis. "(2) The costs of the program in relation to other State economic development incentive programs. "(3) The costs of the program in relation to economic development programs located in nearby states and other states with which the State frequently competes for jobs. "(4) The extent to which the program has been utilized in geographically diverse parts of the State and the extent to which the program has been utilized in urban, suburban, and rural settings. "(5) Any other matter the General Assembly finds relevant to a study of the program." Session Laws 2004-124, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2004'." Session Laws 2004-124, s. 33.5, is a severability clause. Session Laws 2006-264, s. 69(f) was repealed, pursuant to the terms of Session Laws 2006-264, s. 69(g), upon Session Laws 2006-168, which amended this section, becoming law. Session Laws 2013-360, s. 15.21(b), made the amendment to subsection (a) by Session Laws 2013-360, s. 15.21(a), applicable to fees submitted for awards granted on or after August 1, 2013. Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.5, is a severability clause. Effect of Amendments. - Session Laws 2004-124, s. 32G.1(d), effective October 31, 2002, in subsection (a), substituted "March 1" for "February 1" and deleted "a copy of its State and federal tax returns showing business and nonbusiness income and a" following "submit to the Committee" in the first sentence, and inserted the third and fourth sentences. Session Laws 2006-168, s. 1.7, effective July 27, 2006, rewrote subsection (a); and added subsection (d). Session Laws 2009-394, s. 4, effective July 31, 2009, in subsection (a), substituted "an annual payroll" for "a", substituted "program and identifying" for "program. In addition, during the base period, the business shall submit to the Committee an annual payroll report showing the", and substituted "base period" for "preceding calendar year, and, subsequent to the base period, the business shall submit to the Committee an annual report showing the eligible positions". Session Laws 2013-360, s. 15.21(a), effective August 1, 2013, substituted "the greater of two thousand five hundred dollars ($2,500)) or three one-hundredths of one percent (.03%) of an amount equal to the grant less the maximum amount to be transferred pursuant to G.S. 143B-437.61" for "one thousand five hundred dollars ($1,500)" in subsection (a). For applicability, see Editor's note. Session Laws 2018-5, s. 15.1(f), effective June 12, 2018, in subsection (a), substituted "Department of Revenue" for "Committee" throughout, substituted "returns to the Department of Revenue" for "returns" in the third sentence, and added the fourth sentence.