GSNC

ARTICLE 1. General Provisions.

Sec.

§ 143A-1. Short title.

This Chapter shall be known and may be cited as the "Executive Organization Act of 1971."

History

(1971, c. 864, s. 1.)

Government Efficiency and Reform. - Session Laws 2013-360, s. 6.5(a)-(f), provides: "(a) The Office of State Budget and Management shall contract for a Government Efficiency and Reform review and analysis of the executive branch of State government, which shall be known as NC GEAR. The purpose of the review and analysis is to evaluate the efficiency and effectiveness of State government and to identify specific strategies for making State government more efficient and effective. The review and analysis may examine entire departments, agencies, institutions, or similar programs in different departments. The review and analysis shall include an examination of the efficiency and effectiveness of major management policies, practices, and functions pertaining to the following areas:

"(1) The statutory authority, funding sources, and functions of each department, agency, institution, or program.

"(2) The organizational structure and staffing patterns in place to perform these functions and whether they are appropriate based on comparative data and other reasonable staffing criteria.

"(3) The measurement of each reviewed program's outcomes, overall performance, and success in accomplishing its mandated or stated mission and subsequent goals, considering the resources provided to the program.

"(4) State and local responsibilities for providing government services and funding for those services, and whether these responsibilities should be reallocated.

(5) Personnel systems operations and management.

"(6) State purchasing operations and management.

"(7) Information technology and telecommunications systems policy, organization, and management.

"(8) The identification of opportunities to reduce fragmentation, duplication, and related or overlapping services or activities through restructuring of departmental organizations and streamlining programs.

"(b) All executive branch departments, agencies, boards, commissions, authorities, and institutions in the executive branch of State government, including receipt-supported agencies, and all non-State entities receiving State funds shall be subject to review and analysis. The chief administrative officer of each entity shall ensure full cooperation with the Office of State Budget and Management and provide timely responses to the Office of State Budget and Management's request for information under the provisions of G.S. 143C-2-1(b).

"(c) The Office of State Budget and Management will work collaboratively with the Office of State Auditor to develop the review, analysis, and findings needed to produce a final report and recommendations to the Governor and General Assembly.

"(d) The contracting provisions of Chapter 143 of the General Statutes and related State purchasing and budget regulations do not apply to NC GEAR; however, the Office of State Budget and Management shall report all external contracts for consultants or professional services within 30 days of their execution to the Joint Legislative Commission on Governmental Operations, the Fiscal Research Division, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.

"(e) The Office of State Budget and Management shall submit an interim report of the NC GEAR's analysis, findings, and recommendations to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Fiscal Research Division, and the Program Evaluation Division by February 15, 2014, and a final report by February 15, 2015.

"(f) Funds appropriated for NC GEAR shall be used to contract with consultants and other experts and to pay for travel, postage, printing, planning, and other related costs as needed to accomplish the objectives specified for the project. Funds appropriated for the 2013-2015 fiscal biennium for NC GEAR shall not revert at the end of each fiscal year but shall remain available for expenditure for the project."

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. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium."

Session Laws 2013-360, s. 38.5, is a severability clause.

Legal Periodicals. - For article, "Narrowing Chevron's Domain," see 70 Duke L.J. 931 (2021).

For article, "Fifty-First Annual Administrative Law Symposium: The Future of Chevron Deference: Symposium Article: Retheorizing Precedent,” see 70 Duke L.J. 1025 (2021).

CASE NOTES

Cited in Tice v. DOT, 67 N.C. App. 48, 312 S.E.2d 241 (1984).

§ 143A-2. Head of department defined.

Whenever the term "head of the department" is used it shall mean the head of one of the principal departments created by this Chapter.

History

(1971, c. 864, s. 1.)

§ 143A-3. Agency defined.

Whenever the term "agency" is used it shall mean and include, as the context may require, an existing department, institution, commission, committee, board, division, bureau, officer or official.

History

(1971, c. 864, s. 1.)

Legal Periodicals. - For article, "Loud and Soft Anti-Chevron Decisions," see 53 Wake Forest L. Rev. 37 (2018).

For article, "Perez: A Call for a Renewed Look at Chevron, Jurisdictional Questions, and Statutory Silence," see 40 Campbell L. Rev. 173 (2018).

For article, "Remedial Chevron," see 97 N.C.L. Rev. 1 (2018).

For article, "Fifty-First Annual Administrative Law Symposium: The Future of Chevron Deference: Symposium Article: Chevronizing Around Cost-Benefit Analysis," see 70 Duke L.J. 1109 (2021).

For article, "Disagreement About Chevron: Is Administrative Law the ‘Law of Public Administration'?,” see 70 Duke L.J. Online 111 (2021).

§ 143A-4. Policy-making authority and administrative powers of Governor; delegation.

The Governor, in accordance with Article III of the Constitution of North Carolina, shall be the chief executive officer of the State. Subject to the Constitution and laws of this State, the Governor shall be responsible for formulating and administering the policies of the executive branch of the State government. Where a conflict arises in connection with the administration of the policies of the executive branch of the State government with respect to the reorganization of State government, such conflict shall be resolved by the Governor, and the decision of the Governor shall be final.

History

(1971, c. 864, s. 1.)

§ 143A-5. Office of the Lieutenant Governor.

The Lieutenant Governor shall maintain an office in the Hawkins-Hartness House located at 310 North Blount Street in the City of Raleigh which office shall be open during normal working hours throughout the year. The Lieutenant Governor shall serve as President of the Senate and perform such additional duties as the Governor or General Assembly may assign to him. This section shall become effective January 1, 1973.

History

(1971, c. 864, s. 1; 2017-10, s. 2.10.)

Effect of Amendments. - Session Laws 2017-10, s. 2.10, effective May 4, 2017, substituted "the Hawkins-Hartness House located at 310 North Blount Street " for "a State building. "

§ 143A-6. Types of transfers.

Under this Chapter, a Type I transfer means the transferring of all or part of an existing agency to a principal department established by this Chapter. When all or part of any agency is transferred to a principal department under a Type I transfer, its statutory authority, powers, duties, and functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and purchasing, are transferred to the principal department.
Under this Chapter, a Type II transfer means the transferring intact of an existing agency, or part thereof, to a principal department established by this Chapter. When any agency, or part thereof, is transferred to a principal department under a Type II transfer, that agency, or part thereof, shall be administered under the direction and supervision of that principal department, but shall exercise all its prescribed statutory powers independently of the head of the principal department, except that under a Type II transfer the management functions of any transferred agency, or part thereof, shall be performed under the direction and supervision of the head of the principal department.
Whenever the term "management functions" is used it shall mean planning, organizing, staffing, directing, coordinating, reporting and budgeting.

When any agency, or part thereof, is transferred by a Type I transfer to a principal department under the provisions of this Chapter, all its prescribed powers, duties, and functions, including but not limited to rule making, regulation, licensing, and promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications are transferred to the head of the principal department into which the agency, or part thereof, has been transferred.

History

(1971, c. 864, s. 1.)

Editor's Note. - Session Laws 2004-124, s. 22A.1.(a), provides: "All personnel and equipment presently assigned to the Rules Review Commission for the purpose of carrying out Article 2A of Chapter 150B of the General Statutes, are transferred to the Office of Administrative Hearings by a Type I transfer as defined by G.S. 143A-6(a). The Chief Administrative Law Judge shall be responsible for the hiring of the Director and other staff of the Rules Review Commission."

CASE NOTES

Power to Fire Within Scope of Subsection (c). - When an agency is transferred to a new department by a "Type II transfer," subsection (b) of this section provides that the management functions of the agency, which includes staffing pursuant to subsection (c) of this section, shall be performed not only under the "supervision" but also the "direction" of the head of the principal department. The power to fire clearly falls within the scope of subsection (c) of this section; therefore, the Secretary of Human Resources had the power to fire the superintendent of a state hospital for the mentally disordered before his six-year term expired, and it was not required that he be dismissed by the State Board of Mental Health. Smith v. State, 298 N.C. 115, 257 S.E.2d 399 (1979).

Effect of Shift of Power to Fire on Employment Contract. - The transfer of the power to dismiss from the State Board of Mental Health to the Department of Human Resources makes no change in either the obligations of the parties or the remedies available to plaintiff superintendent of a state hospital for the mentally disordered in enforcing his agreement. Plaintiff's contract of employment was not with the agency which appointed him but with the State, and the essential terms of that contract, namely, duration, dismissal for cause, and salary, remain unaffected by any shift of the power to fire from one agency of the State to another. Smith v. State, 298 N.C. 115, 257 S.E.2d 399 (1979).

Applied in Stanley v. Retirement & Health Benefits Div., 66 N.C. App. 122, 310 S.E.2d 637 (1984).

Opinions of Attorney General

This Section Incorporated in Former G.S. 143B-471. - By the reference in former G.S. 143B-471 to "Type II" transfers, the General Assembly incorporated the provisions of this section and G.S. 143A-9, which clearly place the authority for personnel decisions within the Department of Commerce. See opinion of Attorney General to Mr. Brent Lane, Executive Director, North Carolina Technological Development Authority, 59 N.C.A.G. 34 (1989).

Direction of Staffing of Positions at NCTDA. - Notwithstanding the provisions of former G.S. 143B-471.3A(2), the Department of Commerce has the authority to manage and direct the staffing of positions and hiring and firing of the employees of all agencies transferred to the department as "Type II" transfers, including the North Carolina Technological Development Authority. See opinion of Attorney General to Mr. Brent Lane, Executive Director, North Carolina Technological Development Authority, 59 N.C.A.G. 34 (August 14, 1989).

As to transfer under Type II transfer of burial commission records and administrative personnel to Department of Commerce, see opinion of Attorney General to Mr. Irvin Aldridge, Secretary, Department of Commerce, 41 N.C.A.G. 921 (1972).

Operation and management of the North Carolina State Fair. - The Department of Agriculture and Consumer Services, rather than the Board of Agriculture, has the authority to select the midway operator, execute contracts and operate and manage the North Carolina State Fair. See opinion of Attorney General to The Honorable Eric Miller Reeves, The North Carolina General Assembly, and The Honorable Alice Graham Underhill, The North Carolina General Assembly, 2002 N.C. AG LEXIS 6 (1/24/02).

§ 143A-7. Agencies not enumerated; continuation.

Any existing department, institution, board or commission not enumerated in this Chapter but established or created by the General Assembly shall continue to exercise all its powers, duties and functions.

History

(1971, c. 864, s. 1.)

§ 143A-8. Internal organization of departments; allocation and reallocation of duties and functions; limitations.

The Governor shall cause the administrative organization of each department to be examined with a view to promoting economy and efficiency. The Governor may reorganize and organize the principal departments and assign and reassign the duties and functions among the divisions and other units, division heads, officers, and employees; except as otherwise expressly provided by statute. When such changes affect existing law they must be submitted in accordance with Article III, Sec. 5 of the Constitution. The head of a principal department shall have legal custody of all books, papers, documents and other records of the department. The head of a principal department shall be responsible for the preparation and presentation of the department budget request which shall include all funds requested and all receipts expected for all elements of the department.

History

(1971, c. 864, s. 1.)

Editor's Note. - Session Laws 2013-360, s. 6.5(a)-(f), provides: "(a) The Office of State Budget and Management shall contract for a Government Efficiency and Reform review and analysis of the executive branch of State government, which shall be known as NC GEAR. The purpose of the review and analysis is to evaluate the efficiency and effectiveness of State government and to identify specific strategies for making State government more efficient and effective. The review and analysis may examine entire departments, agencies, institutions, or similar programs in different departments. The review and analysis shall include an examination of the efficiency and effectiveness of major management policies, practices, and functions pertaining to the following areas:

"(1) The statutory authority, funding sources, and functions of each department, agency, institution, or program.

"(2) The organizational structure and staffing patterns in place to perform these functions and whether they are appropriate based on comparative data and other reasonable staffing criteria.

"(4) State and local responsibilities for providing government services and funding for those services, and whether these responsibilities should be reallocated.

(5) Personnel systems operations and management.

"(6) State purchasing operations and management.

"(7) Information technology and telecommunications systems policy, organization, and management.

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.

§ 143A-9. Appointment of officers and employees; salaries of department heads.

Any provisions of law to the contrary notwithstanding, and subject to the provisions of the Constitution of the State of North Carolina, the head of a principal department, except those departments headed by elected officials who are constitutional officers, shall be appointed by the Governor and serve at his pleasure.

The head of a principal department shall appoint the chief deputy or chief assistant and such chief deputy or chief assistant shall be subject to the North Carolina Human Resources Act. Except where appointment by the Governor is prescribed by existing statute, the head of the principal department shall appoint the administrative head of each transferred agency and, subject to the provisions of the North Carolina Human Resources Act, appoint all employees of each division, section or other unit under a principal department.

In establishing the position of secretary, and the supporting staff for the principal departments, the cost of such staff positions will be met insofar as possible by utilizing existing positions or funds available from vacant positions within agencies assigned to the principal departments.

History

(1971, c. 864, s. 1; 1983, c. 717, s. 50; 2013-382, s. 9.1(c).)

Editor's Note. - Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:

"(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.'

"(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.'

"(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'"

Session Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary."

Effect of Amendments. - Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "North Carolina Human Resources Act" for "State Personnel Act" twice in the second paragraph.

Opinions of Attorney General

This Section Incorporated in Former G.S. 143B-471. - By the reference in former G.S. 143B-471 to "Type II" transfers, the General Assembly incorporated the provisions of G.S. 143A-6 and this section which clearly place the authority for personnel decisions within the Department of Commerce. See opinion of Attorney General to Mr. Brent Lane, Executive Director, N.C. Technological Development Authority, 59 N.C.A.G. 34 (1989).

§ 143A-10. Governor; continuation of powers and duties; staff.

All powers, duties and functions vested by law in the Governor or in the office of Governor are continued, except as otherwise provided by this Chapter.

The immediate staff of the Governor shall not be subject to the North Carolina Human Resources Act.

History

(1971, c. 864, s. 1; 2006-203, s. 100; 2013-382, s. 9.1(c).)

Editor's Note. - Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:

"(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.'

"(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.'

"(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'"

Effect of Amendments. - Session Laws 2006-203, s. 100, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter, deleted "; however, salaries for these positions shall be filed with the General Assembly pursuant to G.S. 143-34.3 commencing with the 1973 General Assembly" following "State Personnel Act" in the second paragraph.

Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "North Carolina Human Resources Act" for "State Personnel Act" at the end of the last paragraph.

§ 143A-11. Principal departments.

Except as otherwise provided by this Chapter, or the State Constitution, all executive and administrative powers, duties and functions, not including those of the General Assembly and the judiciary, previously vested by law in the several State agencies, are vested in the following principal offices or departments:

Office of the Governor.
Office of the Lieutenant Governor.
Department of the Secretary of State.
Department of State Auditor.
Department of State Treasurer.
Department of Public Instruction.
Department of Justice.
Department of Agriculture and Consumer Services.
Department of Labor.
Department of Insurance.
through (13) Repealed by Session Laws 1995, c. 509, s. 96.

(14) Repealed by Session Laws 1973, c. 476, s. 6.

(15), (16) Repealed by Session Laws 1995, c. 509, s. 96.

(17), (18) Repealed by Session Laws 1973, c. 476, s. 6.

(19) Repealed by Session Laws 1973, c. 620, s. 9.

History

(1971, c. 864, s. 1; 1973, c. 476, s. 6; c. 620, s. 9; 1975, c. 716, s. 7; 1977, c. 771, s. 4; 1989, c. 727, s. 218(120); c. 751, s. 7(17); 1991 (Reg. Sess., 1992), c. 959, s. 36; 1993, c. 522, s. 12; 1995, c. 509, s. 96; 1997-261, s. 93.)

Cross References. - As to the Department of Natural and Cultural Resources, see G.S. 143B-49 et seq.

As to the Department of Revenue, see G.S. 143B-217 et seq.

§ 143A-12. Office of the Governor; creation.

There is hereby created an office of the Governor.

History

(1971, c. 864, s. 2.)

§ 143A-13. Office of the Lieutenant Governor; creation.

There is hereby created an office of the Lieutenant Governor.

History

(1971, c. 864, s. 3.)

§ 143A-14. Creation of new departments by executive order.

All departments not now in existence which this Chapter directs to be created shall be made operative by executive order of the Governor; provided that all new departments shall be activated by executive order not later than July 1, 1972.

History

(1971, c. 864, s. 21.)

§ 143A-15. Date of transfer of agencies into existing departments.

The transfer of all agencies into departments of State government which now exist shall take place not later than October 1, 1971.

History

(1971, c. 864, s. 21.)

§ 143A-16. Transfer of funds by Governor.

To implement this Chapter, the Governor shall have authority to transfer all or a part of any appropriations or funds of an agency to the department to which such agency is transferred.

History

(1971, c. 864, s. 21.)

§ 143A-17: Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 769, s. 11.

§ 143A-18. Additional funds for reorganization.

When adequate funds to implement reorganization are not available from the budgets of the transferred agencies, the Governor and the Council of State may make other funds available for these purposes, not to exceed a total of five hundred thousand dollars ($500,000) per year for all departments created by this Chapter.

History

(1971, c. 864, s. 21.)

ARTICLE 2. Department of the Secretary of State.

Sec.

§ 143A-19. Creation.

There is hereby created a Department of the Secretary of State. The head of the Department of the Secretary of State is the Secretary of State.

History

(1971, c. 864, s. 4.)

§ 143A-20. Secretary of State; powers and duties.

The Secretary of State shall have such powers and duties as are conferred on him by this Chapter, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

History

(1971, c. 864, s. 4.)

§ 143A-21. Secretary of State; transfer of powers and duties to Department.

Except as otherwise provided in the Constitution or in this Chapter, all powers, duties and functions vested by law in the Secretary of State are transferred by a Type I transfer to the Department of the Secretary of State.

History

(1971, c. 864, s. 4.)

§ 143A-22: Repealed by Session Laws 1973, c. 1409, s. 1.

§ 143A-23. Notaries public; powers, duties and functions; transfer.

All of the powers, duties and functions of the Governor under G.S. 10-1 of the General Statutes are transferred by a Type I transfer to the Department of the Secretary of State.

History

(1971, c. 864, s. 4.)

Editor's Note. - The reference in this section to G.S. 10-1 is to former G.S. 10-1 as it stood before the revision of former Chapter 10 in 1973.

ARTICLE 3. Department of State Auditor.

Sec.

§ 143A-24. Creation.

There is hereby created a Department of State Auditor. The head of the Department of the State Auditor is the State Auditor.

History

(1971, c. 864, s. 5.)

§ 143A-25. State Auditor; powers and duties.

The State Auditor shall have such powers and duties as are conferred on him by this Chapter, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

History

(1971, c. 864, s. 5.)

§ 143A-26. State Auditor; transfer of powers and duties to Department.

Except as otherwise provided in the Constitution or by this Chapter, all powers, duties and functions of the State Auditor are transferred by a Type I transfer to the Department of the State Auditor.

History

(1971, c. 864, s. 5.)

§ 143A-27. North Carolina Firemen's Pension Fund; transfer.

The North Carolina Firemen's Pension Fund, as contained in Article 3 of Chapter 118 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of State Auditor.

History

(1971, c. 864, s. 5.)

Editor's Note. - Article 3 of Chapter 118, referred to in this section, was rewritten by Session Laws 1981, c. 1029, s. 1, and recodified as Article 4 of Chapter 118, relating to the North Carolina Firemen's and Rescue Squad Workers' Pension Fund, which was in turn recodified and incorporated as Article 86 of Chapter 58 pursuant to Session Laws 1987, c. 752, s. 9, as amended by Session Laws 1987 (Reg. Sess., 1988), c. 975, s. 34.

Legal Periodicals. - For article, "The Impact of Law on the State Pension Crisis,” see 54 Wake Forest L. Rev. 105 (2019).

§ 143A-27.1. North Carolina Firemen's and Rescue Squad Workers' Pension Fund; transfer.

The "North Carolina Firemen's and Rescue Squad Workers' Pension Fund", as contained in Article 3 of Chapter 118 of the General Statutes is hereby transferred by a Type II transfer to the Department of State Auditor.

History

(1981, c. 1029, s. 3.)

Session Laws 1991 (Reg. Sess., 1992), c. 833, s. 1, provides: "The statutory authority, powers, duties, and functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and purchasing, of the Department of State Auditor to administer the North Carolina Firemen's and Rescue Squad Workers' Pension Fund are transferred to the Department of State Treasurer."

§ 143A-28: Repealed by Session Laws 1977, 2nd Sess., c. 1204, s. 2.

§ 143A-29. State Board of Pensions; transfer.

The State Board of Pensions, as contained in Article 2 of Chapter 112 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of State Auditor.

History

(1971, c. 864, s. 5.)

ARTICLE 4. Department of State Treasurer.

Sec.

§ 143A-30. Creation.

There is hereby created a Department of State Treasurer. The head of the Department of State Treasurer is the State Treasurer.

History

(1971, c. 864, s. 6.)

§ 143A-31. State Treasurer; powers and duties.

The State Treasurer shall have such powers and duties as are conferred on him by this Chapter, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

History

(1971, c. 864, s. 6.)

§ 143A-32. State Treasurer; transfer of powers and duties to Department.

Except as otherwise provided in the Constitution or in this Chapter, all powers, duties and functions vested by law in the State Treasurer are transferred by a Type I transfer to the Department of State Treasurer.

History

(1971, c. 864, s. 6.)

§ 143A-33. Local Government Commission; transfer.

The Local Government Commission, as contained in Article 1 of Chapter 159 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of State Treasurer.

History

(1971, c. 864, s. 6.)

Editor's Note. - The Local Government Commission is now provided for in Article 2 of Chapter 159.

§ 143A-34. Teachers' and State Employees' Retirement System; transfer.

The Teachers' and State Employees' Retirement System, and the board of trustees, as contained in Article 1 of Chapter 135 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of State Treasurer.

History

(1971, c. 864, s. 6.)

§ 143A-35. North Carolina Local Governmental Employees' Retirement System; transfer.

The North Carolina Local Governmental Employees' Retirement System, as contained in Article 3 of Chapter 128 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of State Treasurer.

History

(1971, c. 864, s. 6.)

§ 143A-36. Public Employees' Social Security Agency; powers, duties and functions; transfer.

All of the powers, duties and functions of the Public Employees' Social Security Agency as contained in Article 2 of Chapter 135 of the General Statutes and the laws of this State, are transferred by a Type I transfer to the Department of State Treasurer.

History

(1971, c. 864, s. 6.)

§ 143A-37. Legislative Retirement Fund; transfer.

The Legislative Retirement Fund, as provided for in G.S. 120-4.1 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of State Treasurer.

History

(1971, c. 864, s. 6.)

Editor's Note. - Section 120-4.1, referred to in this section, was repealed by Session Laws 1973, c. 1482, s. 3. For the conditions of the repeal, see G.S. 120-4.2.

§ 143A-38: Repealed by Session Laws 2007-491, s. 2, effective January 1, 2008.

§ 143A-38.1. The Law-Enforcement Officers' Benefit and Retirement Fund; transfer.

The Law-Enforcement Officers' Benefit and Retirement Fund, as contained in Article 12 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of State Treasurer.

History

(1977, 2nd Sess., c. 1204, s. 1.)

Editor's Note. - Article 12 of Chapter 143, referred to in this section, was repealed by Session Laws 1985, c. 479, s. 196(t). See now Articles 12A to 12G, G.S. 143-166.1 et seq.

ARTICLE 5. Department of Public Instruction.

Sec.

§§ 143A-39 through 143A-42: Repealed by Session Laws 1993, c. 522, s. 14.

§ 143A-43: Repealed by Session Laws 1983, c. 768, s. 14.

§ 143A-44: Repealed by Session Laws 1993, c. 522, s. 14.

§ 143A-44.1. Creation.

There is hereby created a Department of Public Instruction. The head of the Department of Public Instruction is the Superintendent of Public Instruction.

History

(1995, c. 72, s. 3; 2008-187, s. 24; 2016-126, 4th Ex. Sess., s. 10.)

Repeal State Board of Education Policies Inconsistent with State Law, as affirmed by NC Supreme Court. - Session Laws 2018-114, s. 27(a), provides: "The General Assembly finds that the North Carolina Supreme Court, in North Carolina State Board of Education v. State of North Carolina and Mark Johnson, No. 333PA17 (June 8, 2018), affirmed the facial constitutionality of S.L. 2016-126 in clarifying the authority of the Superintendent of Public Instruction as the administrative head of the Department of Public Instruction and the Superintendent's role in the direct supervision of the public school system. SBOP-011 (Responsibilities of the SBE in supervising/administering the public school system of NC and the funds provided for its support) and SBOP-013 (Delegation of Authority from the State Board of Education to the Superintendent of Public Instruction) are repealed. The State Board of Education may readopt rules or policies related to internal management that are not inconsistent with the statutory requirements of S.L. 2016-126, including, but not limited to, the requirements of G.S. 115C-11, 115C-19, 115C-21, and 143A-441."

Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995, c. 72, s. 3 having been G.S. 143A-39.

Effect of Amendments. - Session Laws 2008-187, s. 24, effective August 7, 2008, substituted "Article IX, Section (4)(1)" for "Article IV, Section 4(1)."

Session Laws 2016-126, 4th Ex. Sess., s. 10, effective January 1, 2017, rewrote the section.

§ 143A-44.2: Repealed by Session Laws 2016-126, 4th Ex. Sess., s. 11, effective January 1, 2017.

History

(1995, c. 72, s. 3; repealed by 2016-126, 4th Ex. Sess., s. 11, effective January 1, 2017.)

Editor's Note. - Former G.S. 143A-44.2 pertained to State Board of Education; transfer of powers and duties to State Board.

The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995, c. 72, s. 3 having been G.S. 143A-40.

§ 143A-44.3. Superintendent of Public Instruction; creation; transfer of powers and duties.

The office of the Superintendent of Public Instruction, as provided for by Article III, Section 7 of the Constitution, and the Department of Public Instruction are transferred to the Department of Public Instruction. The Superintendent of Public Instruction shall be the Secretary and Chief Administrative Officer of the State Board of Education, and shall have all powers and duties conferred by this Chapter and the Constitution, delegated to him or her by the Governor and by the State Board of Education, and conferred by Chapter 115C of the General Statutes and the laws of this State.

History

(1995, c. 72, s. 3; 2016-126, 4th Ex. Sess., s. 12.)

Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995, c. 72, s. 3 having been G.S. 143A-42.

Effect of Amendments. - Session Laws 2016-126, 4th Ex. Sess., s. 12, effective January 1, 2017, substituted "this Chapter and the Constitution, delegated to him or her by the Governor and by the State Board of Education, and conferred by Chapter 115C" for "the Constitution, by the State Board of Education, Chapter 115C" in the last sentence.

§ 143A-45. Interstate Compact for Education; rights, duties and privileges.

All of the rights, duties and privileges of this State obtained as a party to the Interstate Compact for Education as contained in Part 5 of Article 8 of Chapter 115C of the General Statutes and the laws of this State, shall be supervised and administered by the Superintendent of Public Instruction.

History

(1971, c. 864, s. 7; 1983, c. 768, s. 16.)

§ 143A-46: Repealed by Session Laws 1983, c. 768, s. 14.

§ 143A-47. Interstate Agreement on Qualifications of Educational Personnel; rights, duties and privileges.

All of the rights, duties and privileges of this State obtained as a party to the Interstate Agreement on Qualifications of Educational Personnel as contained in Article 24 of Chapter 115C of the General Statutes and the laws of this State shall be supervised and administered by the Superintendent of Public Instruction.

History

(1971, c. 864, s. 7; 1983, c. 768, s. 17.)

§ 143A-48. Textbook Commission; transfer.

The Textbook Commission, as created by G.S. 115C-87 and the laws of this State, is hereby transferred by a Type I transfer to the Department of Public Instruction.

History

(1971, c. 864, s. 7; 1983, c. 768, s. 18; 1993, c. 522, s. 15.)

§ 143A-48.1. North Carolina Council on the Holocaust; creation; purpose; membership; expenses; assistance.

There is hereby created the North Carolina Council on the Holocaust. The purpose of the Council is to prevent future atrocities similar to the systematic program of genocide of six million Jews and others by the Nazis. This purpose shall be accomplished by developing a program of education and observance of the Holocaust.
The Council shall consist of 24 members, six appointed by the Governor, six appointed by the President Pro Tempore of the Senate, six appointed by the Speaker of the House of Representatives, and six appointed by the other 18 members. Members shall be appointed for two-year terms to begin July 1 of each odd-numbered year. The six at-large appointments shall be made by the Council at its first meeting after July 1 of each odd-numbered year. To be eligible for appointment as an at-large member, a person must either be a survivor of the Holocaust or a first-generation lineal descendant of such person. A majority of the members shall constitute a quorum for the transaction of business.
The members of the Council shall be compensated and reimbursed for their expenses in accordance with G.S. 138-5.
The Superintendent of Public Instruction may arrange for clerical or other assistance required by the Council.

History

(1985, c. 757, s. 81(a); 1989, c. 47; 1995, c. 490, s. 23; 2002-126, s. 10.10D(a), (b).)

Editor's Note. - Session Laws 2002-126, s. 10.10D(d), provides: "The North Carolina Council on the Holocaust, as created by Part 28 of Article 3 of Chapter 143B of the General Statutes, and recodified as G.S. 143A-48.1 by this section, is transferred to the Department of Public Instruction by a Type II transfer, as defined in G.S. 143A-6."

ARTICLE 6. Department of Justice.

Sec.

§ 143A-49. Creation.

There is hereby created a Department of Justice. The head of the Department of Justice is the Attorney General.

History

(1971, c. 864, s. 8.)

CASE NOTES

The Governor has the duty to supervise the official conduct of all executive officers. The constitutional independence of the executive offices, and their differing functions and duties, create clear potential for conflict between their respective holders. In the event of such conflict, power in the Attorney General to resolve, without their consent, controversies involving agencies or departments under the supervision of the Governor could be abused by exercise in a manner effectively derogative of the Governor's constitutional duties to exercise executive power and to supervise the official conduct of all executive officers. The General Assembly, in the enactment of G.S. 114-2(2), did not intend to create such potential. Tice v. DOT, 67 N.C. App. 48, 312 S.E.2d 241 (1984).

§ 143A-49.1. Attorney General; powers and duties.

The Attorney General shall have such powers and duties as are conferred on him by this Chapter, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

History

(1971, c. 864, s. 8.)

Legal Periodicals. - For survey of 1984 administrative law, "A Declining Role for the Attorney General," see 63 N.C.L. Rev. 1051 (1985).

§ 143A-50. Attorney General; transfer of powers and duties to Department.

Except as otherwise provided in the Constitution or in this Chapter, all powers, duties and functions vested by law in the Attorney General are transferred by a Type I transfer to the Department of Justice.

History

(1971, c. 864, s. 8.)

§ 143A-51. State Bureau of Investigation; transfer.

The State Bureau of Investigation, as contained in Article 4 of Chapter 114 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Justice.

History

(1971, c. 864, s. 8.)

§ 143A-52. Fire investigations; transfer.

The duties of the Commissioner of Insurance with respect to the investigation of all fires, including forest fires, as contained in Article 1 of Chapter 69 of the General Statutes and the laws of this State, are hereby transferred by a Type I transfer to the Department of Justice; provided, however, that the duties of the Commissioner of Insurance with respect to the inspection of buildings, the removal of dangerous materials therefrom, hospital insurance, insurance regulation, and the preparation of annual reports, as contained in Chapters 57 and 58 of the General Statutes and G.S. 69-4, shall continue to be among the duties of the Commissioner of Insurance.

History

(1971, c. 864, s. 8; 1977, c. 596, s. 3.)

Editor's Note. - Article 1 of Chapter 69, Chapters 57 and 58, and G.S. 69-4, referred to in this section, have been recodified as Article 79 of Chapter 58, Articles 65 and 66 of Chapter 58, Articles 1 to 64 of Chapter 58, and G.S. 58-70-20, respectively, under the authority of Session Laws 1987, c. 752, s. 9 and Session Laws 1987 (Reg. Sess., 1988), c. 975, s. 34.

§ 143A-53: Repealed by Session Laws 2011-97, s. 10, effective June 1, 2011.

History

(1971, c. 864, s. 8; repealed by 2011-97, s. 10, effective June 1, 2011.)

Editor's Note. - Former G.S. 143A-53, pertained to the transfer of the General Statutes Commission to the Department of Justice.

§ 143A-54. Company police; powers, duties and functions; transfer.

All of the powers, duties and functions of the Governor contained in Chapter 74A of the General Statutes and the laws of this State relating to the appointment and commission of special police are hereby transferred by a Type I transfer to the Department of Justice.

History

(1971, c. 864, s. 8.)

CASE NOTES

Applied in North Carolina Ass'n of Licensed Detectives v. Morgan, 17 N.C. App. 701, 195 S.E.2d 357 (1973).

§ 143A-55. Police information Network; transfer.

The Police Information Network, as created by G.S. 114-10.1 and the laws of this State, is hereby transferred by a Type I transfer to the Department of Justice.

History

(1971, c. 864, s. 8.)

§ 143A-55.1. North Carolina Criminal Justice Training and Standards Council; transfer.

The North Carolina Criminal Justice Training and Standards Council, as created by Chapter 17A of the General Statutes and laws of this State, is hereby transferred by a Type II transfer to the Department of Justice.

History

(1975, c. 372, s. 1.)

Editor's Note. - Chapter 17A, referred to in this section, has been recodified as Article 1 of Chapter 17C by Session Laws 1979, c. 763, s. 1 and Session Laws 2018-5, s. 17.1(a).

§ 143A-55.2. North Carolina Sheriffs' Education and Training Standards Commission; transfer.

The North Carolina Sheriffs' Education and Training Standards Commission, as created by Chapter 17E of the General Statutes and laws of this State, is hereby transferred by a Type II transfer as defined in G.S. 143A-6(b) to the Department of Justice.

History

(1983, c. 558, s. 4.)

§§ 143A-55.3 through 143A-55.7: Not effectuated.

Cross References. - As to the Rules Review Commission, see now G.S. 143B-30.1 et seq.

Editor's Note. - Section 18.2 of Session Laws 1985, c. 746, provided: "The President of the Senate and the Speaker of the House of Representatives shall request the Supreme Court to issue an advisory opinion on the constitutionality of Sections 5 and 6 of this act and the appointment of the chief hearing officer by the Chief Justice as provided in G.S. 7A-752 in Section 2 of this act."

Section 19 of Session Laws 1985, c. 746, provided that sections 5 and 6 of the act, which added G.S. 143A-55.3 through 143A-55.7 and amended G.S. 120-123, should become effective 30 days from the date the Supreme Court issued an advisory opinion on the constitutionality of those sections unless the opinion stated that those sections were unconstitutional, in which event those sections would not become effective.

In addition, s. 19 of Session Laws 1985, c. 746, provided that the act would expire Jan. 1, 1992, and would not be effective on or after that date. However, Session Laws 1991, c. 103, s. 1 amended Session Laws 1985, c. 746, s. 19 by deleting the January 1, 1992 Sunset Provision.

Section 19 of Session Laws 1985, c. 746, further provided that the act would not affect contested cases commenced before Jan. 1, 1986.

By letter of October 28, 1985, addressed to the President of the Senate and the Speaker of the House, the Supreme Court declined to issue an advisory opinion as contemplated by Session Laws 1985, c. 746, on the grounds that to issue such an opinion would be to place the Court directly in the stream of the legislative process, and in view of the prerogative of the General Assembly to first address and determine the constitutionality of its own legislation. See In re Advisory Opinion, 314 N.C. 679, 335 S.E.2d 890 (1985).

Session Laws 1985 (Reg. Sess., 1986), c. 1022, s. 7 deleted the word "advisory" preceding "opinion" in the third sentence of Session Laws 1985, c. 746, s. 19.

At the direction of the Revisor of Statutes, G.S. 143A-55.3 through 143A-55.7 are shown as not effectuated.

ARTICLE 7. Department of Agriculture and Consumer Services.

Sec.

§ 143A-56. Creation.

There is hereby created a Department of Agriculture and Consumer Services. The head of the Department is the Commissioner of Agriculture.

History

(1971, c. 864, s. 9; 1997-261, s. 95.)

§ 143A-57. Commissioner of Agriculture; powers and duties.

The Commissioner of Agriculture shall have such powers and duties as are conferred on him by this Chapter, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

History

(1971, c. 864, s. 9.)

§ 143A-58. Commissioner of Agriculture; transfer of powers and duties to Department.

Except as otherwise provided in the Constitution or in this Chapter, all powers, duties and functions vested by law in the Commissioner of Agriculture are transferred by a Type I transfer to the Department of Agriculture and Consumer Services.

History

(1971, c. 864, s. 9; 1997-261, s. 96.)

§ 143A-59. Board of Agriculture; transfer.

The Board of Agriculture, as contained in Article 1 of Chapter 106 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Agriculture and Consumer Services.

History

(1971, c. 864, s. 9; 1997-261, s. 97.)

Opinions of Attorney General

Operation and Management of the North Carolina State Fair. - The Department of Agriculture and Consumer Services, rather than the Board of Agriculture, has the authority to select the midway operator, execute contracts and operate and manage the North Carolina State Fair. See opinion of Attorney General to The Honorable Eric Miller Reeves, The North Carolina General Assembly, and The Honorable Alice Graham Underhill, The North Carolina General Assembly, 2002 N.C. AG LEXIS 6 (1/24/02).

§ 143A-60. Structural Pest Control Division; transfer.

The Structural Pest Control Division of the Department of Agriculture, as contained in Article 4C of Chapter 106 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Agriculture and Consumer Services.

History

(1971, c. 864, s. 9; 1997-261, s. 98.)

§ 143A-61. The North Carolina Agricultural Hall of Fame; transfer.

The North Carolina Agricultural Hall of Fame, as contained in Article 50B of Chapter 106 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Agriculture and Consumer Services.

History

(1971, c. 864, s. 9; 1997-261, s. 99.)

§ 143A-62. Gasoline and Oil Inspection Board; transfer.

The Gasoline and Oil Inspection Board, as contained in Article 3 of Chapter 119 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Agriculture and Consumer Services.

History

(1971, c. 864, s. 9; 1997-261, s. 100.)

§ 143A-63. North Carolina Rural Rehabilitation Corporation; transfer.

The North Carolina Rural Rehabilitation Corporation, and board of directors, as contained in Chapter 137 of the General Statutes and the laws of this State, is transferred by a Type I transfer to the North Carolina Agricultural Finance Authority in the Department of Agriculture and Consumer Services.

History

(1971, c. 864, s. 9; 1997-261, s. 101; 2001-424, s. 17.2(a).)

§ 143A-64. North Carolina Board of Crop Seed Improvement; transfer.

The North Carolina Board of Crop Seed Improvement, as contained in Article 30 of Chapter 106 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Agriculture and Consumer Services.

History

(1971, c. 864, s. 9; 1997-261, s. 102.)

§ 143A-65. North Carolina Public Livestock Market Advisory Board; transfer.

The North Carolina Public Livestock Market Advisory Board, as contained in Article 35 of Chapter 106 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Agriculture and Consumer Services.

History

(1971, c. 864, s. 9; 1997-261, s. 103.)

§ 143A-65.1. North Carolina Forest Service.

The Department of Agriculture and Consumer Services shall have charge of the work of forest maintenance, forest fire prevention, reforestation, and the protection of lands and water supplies by the preservation of forests; it shall also have the care of State forests and State recreational forests.

History

(2011-145, s. 13.25(c); 2013-155, s. 23.)

Transfer of Forestry Division and Forestry Council. - Session Laws 2011-145, s. 13.25(a), provides: "The Division of Forest Resources is transferred from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services with all the elements of a Type I transfer as defined by G.S. 143A-6."

Session Laws 2011-145, s. 13.25(d), provides: "All functions, powers, duties, and obligations previously vested in the Forestry Council are transferred from the Department of Environment and Natural Resources to and vested in the Department of Agriculture and Consumer Services by a Type II transfer, as defined in G.S. 143A-6."

Session Laws 2011-145, s. 13.25(zz), provides: "Any references in this act to the Division of Forest Resources of the Department of Environment and Natural Resources shall be construed to refer to the Division of Forest Resources of the Department of Agriculture and Consumer Services. Any references in this act to the Forestry Council of the Department of Environment and Natural Resources shall be construed to refer to the Forestry Council of the Department of Agriculture and Consumer Services."

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. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium."

Session Laws 2011-145, s. 32.5, is a severability clause.

Session Laws 2011-394, s. 21, as amended by Session Laws 2013-413, s. 57(ff), provides: "In order to ensure the ongoing delivery of services by the nonpoint source pollution control programs of the Division of Forest Resources and the Division of Soil and Water Conservation, the Division of Water Resources in the Department of Environment and Natural Resources shall transfer Clean Water Act (CWA) Section 319 Nonpoint Source Management Program Base Grant funds to the Division of Forest Resources and Division of Soil and Water Conservation, where consistent with the federal grant program requirements, in an amount that is no less than the average annual amount of funding received by each of those two Divisions over the two most-recent fiscal bienniums. In the event that the level of Section 319 base grant funds received by the Department of Environment and Natural Resources by the United States Environmental Protection Agency is increased or decreased in any funding cycle, the level of funding received by the Division of Forest Resources and the Division of Soil and Water Conservation shall be adjusted proportionally. Section 319 Nonpoint Source Management Program Competitive Grant funds shall consider water quality benefit and be distributed in a fair and equitable manner based on the grant requirements and the benefit. The Division of Water Resources will establish a Workgroup of Nonpoint Source Agencies, including the Division of Forest Resources and the Division of Soil and Water Conservation, which will consider the competitive grant project proposals. The Workgroup will be given full input to the project funding decisions."

Effect of Amendments. - Session Laws 2013-155, s. 23, effective July 1, 2013, rewrote the section heading, which formerly read "Division of Forest Resources."

§ 143A-66: Repealed by Session Laws 1993, c. 561, s. 116.

§ 143A-66.1. Forestry Council - creation; powers and duties.

There is hereby created the Forestry Council of the Department of Agriculture and Consumer Services. The Forestry Council shall have the following functions and duties:

To advise the Commissioner of Agriculture with respect to all matters concerning the protection, management, and preservation of State-owned, privately owned, and municipally owned forests in the State, including but not limited to:
1. Profitable use of the State's forests consistent with the principles of sustained productivity.
2. Best management practices, including those for protection of soil, water, wildlife, and wildlife habitat, to be used in managing the State's forests and their resources.
3. Restoration of forest ecosystems and protection of rare and endangered species occurring in the State's private forests consistent with principles of private ownership of land.
To maintain oversight of a continuous monitoring and planning process, to provide a long-range, comprehensive plan for the use, management, and sustainability of North Carolina's forest resources, and to report regularly on progress made toward meeting the objectives of the plan.
To provide a forum for the identification, discussion, and development of recommendations for the resolution of conflicts in the management of North Carolina's forests.
To undertake any other studies, make any reports, and advise the Commissioner of Agriculture on any matter as the Commissioner may direct.

History

(1973, c. 1262, s. 52; 1977, c. 771, s. 4; 1989, c. 727, s. 218(139); 1995 (Reg. Sess., 1996), c. 653, s. 1; 1997-443, s. 11A.119(a); 2011-145, s. 13.25(f), (g).)

Session Laws 2011-145, s. 13.25(yy), provides: "The transfers under this section become effective July 1, 2011, and funds transferred shall be net of any changes enacted by this section."

Editor's Note. - This section was formerly codified as G.S. 143B-308. It was recodified as G.S. 143A-66.1 by Session Laws 2011-145, s. 13.25(f), effective July 1, 2011.

Session Laws 2011-145, s. 13.25(f), effective July 1, 2011, provides: "Part 12 of Article 7 of Chapter 143B of the General Statutes (G.S. 143B-308, 143B-309, and 143B-310) is recodified in Article 7 of Chapter 143A of the General Statutes as G.S. 143A-66.1, 143A-66.2, and 143A-66.3." The historical citations to the sections in the former Part have been added to the corresponding sections in this Article as recodified.

The subdivision (2) designation in this section was added 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.

Effect of Amendments. - Session Laws 2011-145, s. 13.25(g), effective July 1, 2011, in the introductory paragraph, substituted "Department of Agriculture and Consumer Services" for "Department of Environment and Natural Resources"; in subdivisions (1) and (4), substituted "Commissioner of Agriculture" for "Secretary of Environment and Natural Resources"; and in subdivision (4), substituted "Commissioner may direct" for "Secretary may direct."

§ 143A-66.2. Forestry Council - members; chairperson; selection; removal; compensation; quorum.

The Forestry Advisory Council of the Department of Agriculture and Consumer Services shall consist of 18 members appointed as follows:
1. Three persons who are registered foresters and who represent the primary forest products industry, one each from the Mountains, Piedmont and Coastal Plain.
2. One person who represents the secondary wood-using industry.
3. One person who represents the logging industry.
4. Four persons who are nonindustrial woodland owners actively involved in forest management, one of whom has agricultural interests, and at least one each from the Mountains, Piedmont, and Coastal Plain.
5. Three persons who are members of statewide environmental or wildlife conservation organizations.
6. One consulting forester.
7. Two persons who are forest scientists with knowledge of the functioning and management of forest ecosystems.
8. One person who represents a banking institution that manages forestland.
9. One person with expertise in urban forestry.
10. One person with active experience in city and regional planning.
The Governor shall appoint one person from categories (1) and (5), two persons from category (4), and the persons from categories (6), (7), (8), (9), and (10). The President Pro Tempore of the Senate shall appoint the person from category (2) and one person each from categories (1), (4), and (5). The Speaker of the House of Representatives shall appoint the person from category (3) and one person each from categories (1), (4), and (5). The Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives shall consult with one another to insure that each of the three geographic regions of the State are represented in appointments made to fill categories (1) and (4).
The Governor shall designate one member of the Council to serve as chairperson at the pleasure of the Governor.
Members shall serve staggered terms of office of four years. The terms of office of members filling categories (1), (4), and (5) shall expire on 30 June of years that follow by one year those years that are evenly divisible by four. The terms of office of members filling categories (2), (3), (6), (7), (8), (9), and (10) shall expire on 30 June of years that follow by three years those years that are evenly divisible by four. Terms shall expire as provided by this subsection except that members of the Council shall serve until their successors are appointed and duly qualified as provided by G.S. 128-7. Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term and shall be made by the appointing authority responsible for that category. Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122.
The Governor shall have the power to remove, in accordance with G.S. 143B-13, any member appointed by the Governor. The General Assembly shall have the power to remove, in accordance with G.S. 143B-13, any member appointed by the General Assembly.
Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
A majority of the Council shall constitute a quorum for the transaction of business.
All clerical and other services required by the Council, including the support required to carry out studies it is requested to make, shall be supplied by the Commissioner of Agriculture.

History

(1973, c. 1262, s. 53; 1977, c. 771, s. 4; 1989, c. 727, s. 218(140); 1995 (Reg. Sess., 1996), c. 653, s. 2; 1997-443, s. 11A.119(a); 2011-145, s. 13.25(f), (h).)

Session Laws 2011-145, s. 13.25(yy), provides: "The transfers under this section become effective July 1, 2011, and funds transferred shall be net of any changes enacted by this section."

Editor's Note. - Session Laws 2011-145, s. 13.25(f), effective July 1, 2011, provides: "Part 12 of Article 7 of Chapter 143B of the General Statutes (G.S. 143B-308, 143B-309, and 143B-310) is recodified in Article 7 of Chapter 143A of the General Statutes as G.S. 143A-66.1, 143A-66.2, and 143A-66.3." The historical citations to the sections in the former Part have been added to the corresponding sections in this Article as recodified.

This section was formerly codified as G.S. 143B-309. It was recodified as G.S. 143A-66.2 by Session Laws 2011-145, s. 13.25(f), effective July 1, 2011.

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.

Effect of Amendments. - Session Laws 2011-145, s. 13.25(h), effective July 1, 2011, substituted "Department of Agriculture and Consumer Services" for "Department of Environment and Natural Resources" in the introductory language of subsection (a); and substituted "Commissioner of Agriculture" for "Secretary of Environment and Natural Resources" in subsection (h).

§ 143A-66.3. Forestry Council - meetings.

The Forestry Council shall meet annually in October and at least three other times a year and may hold special meetings at any time and place within the State at the call of the chairperson or upon the written request of at least a majority of the members. At least one meeting during each two-year period shall be held in the Mountains, Piedmont, and the Coastal Plain.

History

(1973, c. 1262, s. 54; 1995 (Reg. Sess., 1996), c. 653, s. 3; 2011-145, s. 13.25(f).)

Session Laws 2011-145, s. 13.25(yy), provides: "The transfers under this section become effective July 1, 2011, and funds transferred shall be net of any changes enacted by this section."

Editor's Note. - This section was formerly codified as G.S. 143B-310. It was recodified as G.S. 143A-66.3 by Session Laws 2011-145, s. 13.25(f), effective July 1, 2011.

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.

ARTICLE 8. Department of Labor.

Sec.

§ 143A-67. Creation.

There is hereby created a Department of Labor. The head of the Department of Labor is the Commissioner of Labor.

History

(1971, c. 864, s. 10.)

§ 143A-68. Commissioner of Labor; powers and duties.

The Commissioner of Labor shall have such powers and duties as are conferred on him by this Chapter, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

History

(1971, c. 864, s. 10.)

§ 143A-69. Commissioner of Labor; transfer of powers and duties to Department.

Except as otherwise provided in the Constitution or in this Chapter, all powers, duties and functions vested by law in the Commissioner of Labor are transferred by a Type I transfer to the Department of Labor.

History

(1971, c. 864, s. 10.)

§ 143A-70. Board of Boiler Rules and Bureau of Boiler Inspection; transfer.

The Board of Boiler Rules and the Bureau of Boiler Inspection, as contained in Article 7 of Chapter 95 of the General Statutes and the laws of this State, are hereby transferred by a Type I transfer to the Department of Labor.

History

(1971, c. 864, s. 10.)

Editor's Note. - Article 7 of Chapter 95, referred to in this section, has been repealed by Session Laws 1981 (Regular Session 1982), c. 1187, s. 1.

§ 143A-71: Repealed by Session Laws 2013-72, s. 2(b), effective January 1, 2014.

History

(1971, c. 864, s. 10; repealed by 2013-72, s. 2(b), effective January 1, 2014.)

Cross References. - As to the Apprenticeship Council under the Department of Commerce, see G.S. 115D-11.6.

Editor's Note. - Former G.S. 143A-71 pertained to the transfer of the Apprenticeship Counsel.

Session Laws 2013-330, s. 2(a), provides: "All functions, powers, duties, obligations, resources, and appropriations vested in the Apprenticeship Program and the Apprenticeship Council are transferred to, vested in, and consolidated into the Department of Commerce as a Type I transfer, as defined in G.S. 143A-6. The Secretary of Commerce and the Office of State Budget and Management are authorized to take all other steps necessary to consolidate the Apprenticeship Program and Apprenticeship Council into the Department of Commerce."

§ 143A-72. Voluntary arbitration of labor disputes; appointment of arbitrator or panel; Commissioner of Labor; transfer.

All of the powers, duties and functions of the Commissioner of Labor under Article 4A of Chapter 95 of the General Statutes and the laws of this State, are transferred by a Type I transfer to the Department of Labor.

History

(1971, c. 864, s. 10.)

ARTICLE 9. Department of Insurance.

Sec.

§ 143A-73. Creation.

There is hereby created a Department of Insurance. The head of the Department of Insurance is the Commissioner of Insurance.

History

(1971, c. 864, s. 11.)

§ 143A-74. Commissioner of Insurance; powers and duties.

The Commissioner of Insurance shall have such powers and duties as are conferred on him by this Chapter, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

History

(1971, c. 864, s. 11.)

§ 143A-75. Commissioner of Insurance; transfer of powers and duties to Department.

Except as otherwise provided in the Constitution or in this Chapter, all powers, duties and functions vested in the Commissioner of Insurance are transferred by a Type I transfer to the Department of Insurance.

History

(1971, c. 864, s. 11.)

§ 143A-76: Repealed by Session Laws 1985, c. 666, s. 11.

§ 143A-77: Repealed by Session Laws 1985, c. 666, s. 12.

§ 143A-78. Building Code Council; transfer.

The Building Code Council, as contained in Article 9 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Insurance.

History

(1971, c. 864, s. 11.)

§ 143A-79. State Volunteer Fire Department; transfer.

The State Volunteer Fire Department, as contained in Article 3 of Chapter 69 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Insurance.

History

(1971, c. 864, s. 11.)

Editor's Note. - Article 3 of Chapter 69, referred to in this section, has been recodified as Article 80 of Chapter 58 under the authority of Session Laws 1987, c. 752, s. 9 and Session Laws 1987 (Reg. Sess., 1988), c. 975, s. 34.

§ 143A-79.1. Public Officers and Employees Liability Insurance Commission; transfer.

The Public Officers and Employees Liability Insurance Commission, as contained in Part 20 of Article 9 of General Statutes Chapter 143B, is transferred by a Type II transfer to the Department of Insurance.

History

(1985, c. 666, s. 78.)

Editor's Note. - Part 20 of Article 9 of Chapter 143B, referred to in this section, was recodified as G.S. 58-27.20 through 58-27.26 by Session Laws 1985, c. 666, s. 79. See now G.S. 58-32-1 et seq.

§ 143A-79.2. State Fire Commission; transfer.

The State Fire Commission, described in Part 4 of Article 11 of Chapter 143B of the General Statutes, is transferred from the Department of Crime Control and Public Safety to the Department of Insurance. This transfer shall include all elements of a Type I transfer as defined in G.S. 143A-6.

History

(1985, c. 757, s. 167(a); 2011-145, s. 19.1(g); 2012-194, s. 39.)

Editor's Note. - Part 4 of Article 11 of Chapter 143B, referred to in this section, was recodified as G.S. 58-27.30 through 58-27.34 by Session Laws 1985, c. 757, s. 167(b). See now G.S. 58-78-1 et seq.

Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" in the first sentence.

§ 143A-79.3. North Carolina Industrial Commission; transfer.

The statutory authority, powers, duties, functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds of the Industrial Commission are transferred to the Department of Insurance with all of the elements of a Type II transfer as defined by G.S. 143A-6. Nothing in this section shall be construed to alter the statutory duties or the independent operation of the Industrial Commission.

History

(2017-57, s. 15.19A(a).)

ARTICLE 10. Department of Administration.

§§ 143A-80 through 143A-96: Repealed by Session Laws 1975, c. 879, s. 46.

Cross References. - For present provisions as to the Department of Administration, see G.S. 143B-366 et seq.

§ 143A-96.1: Repealed by Session Laws 2021-88, s. 14(a), effective July 22, 2021.

History

(1977, c. 70, s. 26; repealed by 2021-88, s. 14(a), effective July 22, 2021.)

Editor's Note. - Former G.S. 143A-96.1 pertained to transfer of Department of Veterans Affairs.

ARTICLE 11. Department of Transportation and Highway Safety.

§§ 143A-97 through 143A-108: Repealed by Session Laws 1975, c. 716, s. 5.

Cross References. - For present provisions as to the Department of Transportation, see G.S. 143B-345 et seq.

ARTICLE 12. Department of Natural and Economic Resources.

§§ 143A-109 through 143A-129: Repealed by Session Laws 1973, c. 1262, s. 86.

Cross References. - For present provisions as to the Department of Environmental Quality, see G.S. 143B-279.1 et seq.

ARTICLE 13. Department of Human Resources.

§§ 143A-130 through 143A-162: Repealed by Session Laws 1973, c. 476, s. 183.

ARTICLE 14. Department of Social Rehabilitation and Control.

§§ 143A-163 through 143A-170: Repealed by Session Laws 1973, c. 1262, s. 10.

Cross References. - As to transfer of the functions of the Department of Social Rehabilitation and Control to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, see G.S. 143B-704.

ARTICLE 15. Department of Commerce.

§§ 143A-171 through 143A-180: Repealed by Session Laws 1977, c. 198, s. 25.

§§ 143A-180.1, 143A-180.2: Recodified as §§ 143B-448, 143B-449 by Session Laws 1977, c. 198, s. 26.

Cross References. - For statute prohibiting master electric and natural gas meters in residential buildings, enacted as G.S. 143A-180.4 by Session Laws 1977, c. 792, s. 9, see G.S. 143-151.42.

Editor's Note. - G.S. 143B-448, 143B-449 were repealed by Session Laws 2000-140, s. 76(k), effective September 30, 2000.

§ 143A-181: Recodified as § 143B-439 by Session Laws 1977, c. 198, s. 26.

§§ 143A-182 through 143A-185.1: Repealed by Session Laws 1977, c. 198, s. 25.

ARTICLE 16. Department of Revenue.

§§ 143A-186 through 143A-190: Repealed by Session Laws 1973, c. 476, s. 193.

Cross References. - For present provisions as to the Department of Revenue, see G.S. 143B-217 et seq.

ARTICLE 17. Department of Art, Culture and History.

§§ 143A-191 through 143A-230: Repealed by Session Laws 1973, c. 476, s. 16.

Cross References. - As to the Department of Natural and Cultural Resources, see G.S. 143B-49 et seq.

ARTICLE 18. Department of Military and Veterans' Affairs.

§§ 143A-231 through 143A-238: Repealed by Session Laws 1973, c. 620, s. 9.

ARTICLE 19. Transfers to Department of Crime Control and Public Safety.

Sec.

§ 143A-239. North Carolina National Guard.

The North Carolina National Guard as provided for in Chapter 127A is hereby transferred by a Type I transfer, as defined in G.S. 143A-6, to the Department of Crime Control and Public Safety.

History

(1977, c. 70, s. 1; 2009-281, s. 1; 2011-145, s. 19.1(g); 2012-194, s. 39.)

Effect of Amendments. - Session Laws 2009-281, s. 1, effective July 10, 2009, substituted "National Guard" for "national guard."

Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety."

§ 143A-240. North Carolina Civil Preparedness Agency.

The State Civil Preparedness Agency as provided for in Chapter 166 is hereby transferred by a Type I transfer, as defined in G.S. 143A-6, to the Department of Crime Control and Public Safety.

History

(1977, c. 70, s. 1; 2011-145, s. 19.1(g); 2012-194, s. 39.)

Editor's Note. - Chapter 166, referred to in this section, was repealed by Session Laws 1977, c. 848, s. 1. For present provisions as to civil preparedness, see now Chapter 166A.

Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety."

§ 143A-241. State Civil Air Patrol.

The State Civil Air Patrol as provided for in G.S. 167-2 is hereby transferred by a Type I transfer, as defined in G.S. 143A-6, to the Department of Crime Control and Public Safety.

History

(1977, c. 70, s. 1; 2011-145, s. 19.1(g); 2012-194, s. 39.)

Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety."

§ 143A-242. State Highway Patrol.

The State Highway Patrol as provided for in Article 4 of Chapter 20 is hereby transferred by a Type I transfer, as defined in G.S. 143A-6, to the Department of Crime Control and Public Safety.

History

(1977, c. 70, s. 1; 2011-145, s. 19.1(g); 2012-194, s. 39.)

Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety."

§ 143A-243. North Carolina Alcoholic Beverage Control Commission Enforcement Division.

The North Carolina Alcoholic Beverage Control Commission Enforcement Division as provided for in Part 2 of Article 2 of Chapter 18A is hereby transferred by a Type I transfer, as defined in G.S. 143A-6, to the Department of Crime Control and Public Safety.

History

(1977, c. 70, s. 1; 1981, c. 412, s. 4; 2011-145, s. 19.1(g); 2012-194, s. 39.)

Editor's Note. - Part 2 of Article 2 of Chapter 18A, referred to in this section, was repealed by Session Laws 1981, c. 412. See now Chapter 18B.

Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety."

§ 143A-244. Governor's Crime Commission.

The Governor's Crime Commission as provided for in Part 23 of Article 7 of Chapter 143B and 1977 Session Laws, Chapter 11 is hereby transferred by a Type II transfer, as defined in G.S. 143A-6, to the Department of Crime Control and Public Safety.

History

(1977, c. 70, s. 1; 2011-145, s. 19.1(g); 2012-194, s. 39.)

Editor's Note. - Part 23 of Article 7 of Chapter 143B, referred to in this section, has been recodified as G.S. 143B-1100 et seq.

Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety."

§ 143A-245. Crime Control Division.

The Crime Control Division, Department of Natural and Economic Resources, as provided for in Part 23 of Article 7 of Chapter 143B and 1977 Session Laws, Chapter 11 is hereby transferred by a Type I transfer, as defined in G.S. 143A-6, to the Department of Crime Control and Public Safety.

History

(1977, c. 70, s. 1; 2011-145, s. 19.1(g); 2012-194, s. 39.)

Editor's Note. - Because this section relates to past events, no changes have been made in it pursuant to Session Laws 1977, c. 771, s. 4, which substituted "Natural Resources and Community Development" for "Natural and Economic Resources."

Part 23 of Article 7 of Chapter 143B, referred to in this section, has been recodified as G.S. 143B-1100 et seq.

Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety."