For AI agents: read the machine-readable documentation index at /llms.txt or the single-file full reference at /llms-full.txt.
Form a Business

G.S. ch. 143B, art. 9

G.S. ch. 143B, art. 9
in effect

G.S. 143B-366 Department of Administration - creation.

§ 143B-366.  Department of Administration - creation. There is hereby recreated and reestablished a department to be known as the "Department of Administration," with the organization, powers, and duties defined in the Executive Organization Act of 1973. (1975, c. 879, s. 2.)

G.S. 143B-367 Duties of the Department.

§ 143B-367.  Duties of the Department. It shall be the duty of the Department of Administration to serve as a staff agency to the Governor and to provide for such ancillary services as the other departments of State government might need to insure efficient and effective operations. (1975, c. 879, s. 3.)

G.S. 143B-368 Functions of the Department.

§ 143B-368.  Functions of the Department. (a) The functions of the Department of Administration shall comprise, except as otherwise expressly provided by the Executive Organization Act of 1973 or by the Constitution of North Carolina, all functions of the executive branch of the State in relation to interdepartmental administration previously delineated and further including those prescribed powers, duties, functions, and responsibilities enumerated in Article 10 of Chapter 143A of the General Statutes of North Carolina. (b) Repealed by Session Laws 1991, c. 542, s. 11. (1975, c. 879, s. 4; 1991, c. 134, s. 2, c. 542, s. 11.)

G.S. 143B-369 Head of the Department.

§ 143B-369.  Head of the Department. The Secretary of Administration shall be the head of the Department. (1975, c. 879, s. 5.)

G.S. 143B-370.1 Defibrillators in State buildings.

§ 143B-370.1.  Defibrillators in State buildings. (a) Subject to the receipt of public-private funds for this purpose, the Department of Administration shall, in consultation with OEMS, AHA, and a qualified vendor/provider of AEDs and training services, develop and adopt policies and procedures relative to the placement and use of automated external defibrillators in State-owned and State-leased buildings. The Department of Administration shall also require that all State buildings, facilities, and institutions shall develop a Medical Emergency Response Plan that facilitates the following: (1) Effective and efficient communication throughout the State-owned and State-leased buildings. (2) Coordinated and practiced response plans. (3) Training and equipment for first aid and CPR. (4) Implementation of a lay rescuer AED program. (b) In addition, for each State building, facility, or institution there shall be developed and periodically updated a maintenance plan that takes the following into account: (1) Implementation of an appropriate training course in the use of AEDs, including the role of CPR. (2) Proper maintenance and testing of the devices. (3) Ensuring coordination with appropriate licensed professionals in the oversight of training of the devices. (4) Ensuring coordination with local emergency medical systems regarding the placement of AEDs in State buildings, facilities, or institutions where such devices are to be used. (2012-198, s. 3(a), (b).)

G.S. 143B-372.1 Repealed by Session Laws 2007-323, s. 9.11, effective July 1, 2007.

G.S. 143B-372.2 Repealed by Session Laws 2007-323, s. 9.11, effective July 1, 2007.

G.S. 143B-372.3 Repealed by Session Laws 2007-323, s. 9.11, effective July 1, 2007.

G.S. 143B-373 North Carolina Capital Planning Commission - creation; powers and duties.

§ 143B-373.  North Carolina Capital Planning Commission - creation; powers and duties. (a) There is recreated the North Carolina Capital Planning Commission of the Department of Administration. (1) The Commission has all of the following powers and duties: a. Compile and maintain up-to-date building requirements for State governmental agencies in Wake County. b. Formulate and maintain an up-to-date long-range capital improvement program as required for State central governmental agencies in Wake County. c. Recommend the acquisition of land as required. d. Recommend to the Governor the locations for State government buildings, monuments, memorials, and improvements in Wake County, except for buildings occupied by the General Assembly. e. Recommend to the Governor the name for any new State government building or any building hereafter acquired by the State of North Carolina in Wake County, with the exception of buildings comprising a part of the North Carolina State University, the Dorothea Dix Hospital, the General Assembly, or the Governor Morehead School. (2), (3) Repealed by Session Laws 2014-115, s. 56.7A, effective August 11, 2014. (b) Any local government exercising any jurisdiction in Wake County under Chapter 160D of the General Statutes, or under any local act of similar nature, shall provide to the North Carolina Capital Planning Commission a copy of any ordinance adopted or amended under that Chapter or similar local act within 30 days of adoption. No ordinance adopted under G.S. 160D-1201 shall be provided unless it applies to a structure owned by the State. (c) Any local government exercising any jurisdiction in Wake County under Chapter 160D of the General Statutes, or under any local act of similar nature, shall provide to the North Carolina Capital Planning Commission within seven days of first consideration by the governing body any proposal under that Chapter or local acts that, if adopted, would affect property within Wake County owned by the State. (d) Repealed by Session Laws 2014-115, s. 56.7A, effective August 11, 2014. (1975, c. 879, s. 10; 1981 (Reg. Sess., 1982), c. 1191, s. 66; 1989, c. 32; 2014-115, s. 56.7A; 2022-62, s. 38.)

G.S. 143B-374 North Carolina Capital Planning Commission - members; selection; quorum; compensation.

§ 143B-374.  North Carolina Capital Planning Commission - members; selection; quorum; compensation. (a) The North Carolina Capital Planning Commission of the Department of Administration shall consist of the following ex officio members:  the Governor of North Carolina who shall serve as chairman; all members of the Council of State including the Lieutenant Governor (or a person designated by the Lieutenant Governor), who shall serve as vice-chairman; the Speaker (or a person designated by the Speaker), and four members of the North Carolina House of Representatives, and four members of the North Carolina Senate; and a representative of the City of Raleigh to be designated by the City Council of Raleigh to serve a two-year term to expire at the same date city council members' terms expire.  The President Pro Tempore of the Senate shall appoint the four members of the Senate on or before July 1, 1975, for two-year terms to expire at the same date General Assembly members' terms expire.  The Speaker of the House of Representatives shall appoint the four members of the House on or before July 1, 1975, for two-year terms to expire at the same date General Assembly members' terms expire. Public officers who are made members of the Commission shall be deemed to serve ex officio. (b) The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5. A majority of the Commission shall constitute a quorum for the transaction of business. All clerical and other services required by the Commission shall be supplied by the Secretary of Administration. All minutes, records, plans, and all other documents of public record of the State Capital Planning Commission, the Heritage Square Commission, and the former North Carolina Capital Planning Commission shall be turned over to the Department of Administration. The Commission shall meet quarterly, and at other times at the call of the chairman. (1975, c. 879, s. 11; 1981, c. 47, s. 3; 1991, c. 739, s. 28.)

G.S. 143B-379 through 143B-384: Repealed by Session Laws 1991 (Regular Session, 1992), c. 912, s. 1, effective July 9, 1992.

G.S. 143B-385 Recodified as G.S. 143B-394.25 by Session Laws 2016-94, s. 32.5(d).

G.S. 143B-386 Recodified as G.S. 143B-394.26 by Session Laws 2016-94, s. 32.5(d).

G.S. 143B-387 Recodified as G.S. 143B-394.27 by Session Laws 2016-94, s. 32.5(d).

G.S. 143B-387.1 Recodified as G.S. 120-32.04 by Session Laws 2016-94, s. 32.5(k).

G.S. 143B-388 Recodified as G.S. 143B-394.28 by Session Laws 2016-94, s. 32.5(d).

G.S. 143B-390.1 Recodified as § 143B-289.19 by Session Laws 1995, c. 509, s. 98.

G.S. 143B-393 North Carolina Council for Women and Youth Involvement - creation; powers and duties.

§ 143B-393.  North Carolina Council for Women and Youth Involvement - creation; powers and duties. (a) There is hereby created the North Carolina Council for Women and Youth Involvement of the Department of Administration. The Council shall perform the following functions and duties: (1) Advise the Governor, the principal State departments, and the State legislature concerning the education and employment of women in the State of North Carolina. (1a) Advise the Governor or Secretary of Administration upon any matter relating to the following programs and organizations: a. North Carolina Internship Council and the North Carolina State Government Internship Program. b. SADD (Students Against Destructive Decisions). c. State Youth Councils. (2) Advise the Secretary of Administration upon any matter the Secretary may refer to the Council. (3) Repealed by Session Laws 2013-30.2(b), effective July 1, 2013. (4) Administer the Domestic Violence Center Fund, as provided in G.S. 50B-9. (5) Administer the Sexual Assault and Rape Crisis Center Fund, as provided in G.S. 143B-394.21. (6) Recommend a person to serve as State Coordinator of the office of Coordinator of Services for Victims of Sexual Assault, as provided in G.S. 143B-394.2. (7) Provide staff support to the Domestic Violence Commission, as provided in G.S. 143B-394.16. (8) Serve as a member of the North Carolina Child Fatality Task Force, as provided in G.S. 7B-1402. (9) Consult with the Department of Public Safety on a reporting system and database on certain domestic violence-related homicides, as provided in G.S. 143B-903. (10) Provide staff support for the North Carolina Internship Council and the State Youth Advisory Council, as provided in G.S. 143B-394.32 and G.S. 143B-394.26, respectively. (b) The programs listed in subdivision (1a) of subsection (a) of this section shall be administered in a nonpartisan manner and shall not disseminate or advocate partisan principles or ideas, promote the candidacy of any person seeking public office or preferment, or use State funds to disseminate or advocate partisan principles or ideas or to promote political candidates or appointees. (1975, c. 879, s. 37; 1979, c. 1016, s. 1; 1991, c. 134, s. 4; 2013-360, s. 30.2(b); 2016-94, s. 32.5(b); 2021-180, s. 20.3.)

G.S. 143B-394 North Carolina Council for Women - members; selection; quorum; compensation.

§ 143B-394.  North Carolina Council for Women - members; selection; quorum; compensation. The North Carolina Council for Women of the Department of Administration shall consist of 20 members appointed by the Governor.  The initial members of the Council shall be the appointed members of the North Carolina Council for Women, three of whose appointments expire June 30, 1977, and four of whose appointments expire June 30, 1978.  Thirteen additional members shall be appointed in 1977, six of whom shall serve terms expiring June 30, 1978, and seven of whom shall serve terms expiring June 30, 1979.  At the ends of the respective terms of office of the initial members of the Council and of the 13 members added in 1977, the appointment of their successors shall be for terms of two years and until their successors are appointed and qualify.  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.  Members of the Council shall be representative of age, sex, ethnic and geographic backgrounds. The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973. The Governor shall designate a member of the Council to serve as chairman at the pleasure of the Governor. 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 shall be supplied by the Secretary of Administration. (1975, c. 879, s. 38; 1977, c. 818; 1991, c. 134, s. 4.)

G.S. 143B-394.1 Office of Coordinator of Services for Victims of Sexual Assault - purpose.

§ 143B-394.1.  Office of Coordinator of Services for Victims of Sexual Assault - purpose. The ultimate goal of this Article is to establish a network of coordinated public and private services for victims of sexual assault, incorporating existing programs as well as aiding in the development of new programs. (1977, c. 997, s. 1.)

G.S. 143B-394.2 Office of Coordinator of Services for Victims of Sexual Assault - office created.

§ 143B-394.2.  Office of Coordinator of Services for Victims of Sexual Assault - office created. (a) The office of Coordinator of Services for Victims of Sexual Assault is hereby created in the Department of Administration. The office shall be under the direction and supervision of a full-time salaried State employee who shall be designated as the State Coordinator. The State Coordinator shall be appointed by the Secretary of the Department of Administration and shall receive a salary commensurate with State government pay schedules for the duties of this office, or such salary to be set by the State Human Resources Commission pursuant to G.S. 126-4. Necessary travel allowance or reimbursement for expenses shall be authorized for the State Coordinator in accordance with G.S. 138-6. Sufficient clerical staff shall be provided under the direction of the Secretary of the Department of Administration. (b) This State Coordinator shall have administrative experience and the recommendation of the North Carolina Rape Crisis Association and the North Carolina Council for Women. If possible, the State Coordinator shall have public speaking experience, training in rape crisis intervention and education in a related field. (1977, c. 997, s. 1; 1991, c. 134, s. 5; 2013-382, s. 9.1(c).)

G.S. 143B-394.3 Office of Coordinator of Services for Victims of Sexual Assault - duties and responsibilities.

§ 143B-394.3.  Office of Coordinator of Services for Victims of Sexual Assault - duties and responsibilities. The duties of the State Coordinator shall include the following: (1) To establish an office to facilitate and coordinate all programs and services which deal with the victim of sexual assault; (2) To research the needs of the State and already existing programs for sexual assault services; (3) To create a liaison between public services and private services with which victims of sexual assault normally come in contact; (4) To be an information clearinghouse on all aspects of sexual assault services; (5) To develop model programs and training techniques to be used  to train medical, legal, and psychological personnel (both in the public and private sectors) who deal with the victims of sexual assault, and to aid in implementing these programs to suit the needs of specific communities; (6) To be available to aid and advise sexual assault services on  operational and functional problems; and (7) To develop and coordinate a public education program for the  State of North Carolina on the phenomenon of sexual assault. (1977, c. 997, s. 1.)

G.S. 143B-394.15 Commission established; purpose; membership; transaction of business.

§ 143B-394.15.  Commission established; purpose; membership; transaction of business. (a) Establishment. - There is established the Domestic Violence Commission. The Commission shall be located within the Department of Administration for organizational, budgetary, and administrative purposes. (b) Purpose. - The purpose of the Commission is to (i) assess statewide needs related to domestic violence, (ii) assure that necessary services, policies, and programs are provided to those in need, (iii) strengthen the existing domestic violence programs which have been established pursuant to G.S. 50B-9 and are funded through the Domestic Violence Center Fund, and (iv) recommend new domestic violence programs. (c) Membership. -The Commission shall consist of 39 members, who reflect the geographic and cultural regions of the State, as follows: (1) Nine persons appointed by the Governor, one of whom is a clerk of superior court; one of whom is an academician who is knowledgeable about domestic violence trends and treatment; one of whom is a member of the medical community; one of whom is a United States Attorney for the State of North Carolina or that person’s designee; one of whom is a member of the North Carolina Bar Association who has studied domestic violence issues; one of whom is a representative of a victims’ service program eligible for funding by the Governor’s Crime Commission or the North Carolina Council for Women; one of whom is a member of the North Carolina Coalition Against Domestic Violence; one of whom is a former victim of domestic violence; and one of whom is a member of the public at large. (2) Nine persons appointed by the General Assembly, upon recommendation of the President Pro Tempore of the Senate, one of whom is a district court judge; one of whom is a district attorney or assistant district attorney; one of whom is a representative of the law enforcement community with specialized knowledge of domestic violence issues; one of whom is a county manager; one of whom is a representative of a community legal services agency who works with domestic violence victims; one of whom is a representative of the linguistic and cultural minority communities; one of whom is a representative of a victims’ service program eligible for funding by the Governor’s Crime Commission or the North Carolina Council for Women; and two of whom are members of the public at large. (3) Nine persons appointed by the General Assembly, upon recommendation of the Speaker of the House of Representatives, one of whom is a magistrate; one of whom is a member of the business community; one of whom is a district court judge; one of whom is a representative of a victims’ service program eligible for funding by the Governor’s Crime Commission or the North Carolina Council for Women; one of whom is a representative of the law enforcement community with specialized knowledge of domestic violence issues; one of whom provides offender treatment and is approved by the North Carolina Council for Women; one of whom is a representative of the linguistic and cultural minority communities; and two of whom are members of the public at large. (4) The following persons or their designees, ex officio: a. The Governor. b. The Lieutenant Governor. c. The Attorney General. d. The Secretary of Administration. e. Repealed by Session Laws 2017-102, s. 24, effective July 12, 2017. f. The Superintendent of Public Instruction. g. The Secretary of Public Safety. g1. The Secretary of the Department of Adult Correction. h. The Secretary of Health and Human Services. i. The Director of the Office of State Human Resources. j. The Chair of the North Carolina Council for Women. k. The Dean of the School of Government at the University of North Carolina at Chapel Hill. l. The Chairman of the Governor’s Crime Commission. (d) Terms. - Members shall serve for two-year terms, with no prohibition against being reappointed, except initial appointments shall be for terms as follows: (1) The Governor shall initially appoint five members for terms of two years and four members for terms of three years. (2) The President Pro Tempore of the Senate shall initially appoint five members for terms of two years and four members for terms of three years. (3) The Speaker of the House of Representatives shall initially appoint five members for terms of two years and four members for terms of three years. Initial terms shall commence on September 1, 1999. (e) Chair. - The chair shall be appointed biennially by the Governor from among the membership of the Commission. The initial term shall commence on September 1, 1999. (f) Vacancies. - A vacancy on the Commission or as chair of the Commission resulting from the resignation of a member or otherwise shall be filled in the same manner in which the original appointment was made, and the term shall be for the balance of the unexpired term. (g) Compensation. - The Commission members shall receive no salary as a result of serving on the Commission but shall receive per diem, subsistence, and travel expenses in accordance with the provisions of G.S. 120-3.1, 138-5, and 138-6, as applicable. When approved by the Commission, members may be reimbursed for subsistence and travel expenses in excess of the statutory amount. (h) Removal. - Members may be removed in accordance with G.S. 143B-13 as if that section applied to this Article. (i) Meetings. - The chair shall convene the Commission. Meetings shall be held as often as necessary, but not less than four times a year. (j) Quorum. - A majority of the members of the Commission shall constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present at meetings of the Commission shall be necessary for action to be taken by the Commission. (k) Office Space. - The Department of Administration shall provide office space in Raleigh for use as offices by the Domestic Violence Commission, and the Department of Administration shall receive no reimbursement from the Commission for the use of the property during the life of the Commission. (l) Staffing. - The Secretary of the Department of Administration shall be responsible for staffing the Commission. (1999-237, s. 24.2(b); 2001-424, s. 7.7; 2006-264, s. 29(o); 2009-342, s. 1; 2011-145, s. 19.1(g), (i); 2013-382, s. 9.1(c); 2015-9, s. 2.2; 2017-102, s. 24; 2021-180, s. 19C.9(zzz).)

G.S. 143B-394.16 Powers and duties of the Commission; reports.

§ 143B-394.16.  Powers and duties of the Commission; reports. (a) Powers and Duties. - The Commission shall have the following powers and duties: (1) As recommended in the January 15, 1999, final report of the Governor's Task Force on Domestic Violence, to develop and recommend to the General Assembly the "Safe Families Act" and to promote adequate funding to promote victim safety and accountability of perpetrators. (2) To develop and recommend domestic violence training initiatives for law enforcement and judicial personnel and for all persons who provide treatment and services to domestic violence victims. (3) To develop training initiatives for and make recommendations and provide information and advice to State agencies in the areas of child protection, education, employer/employee relations, criminal justice, and subsidized housing. (4) To provide information and advice to any private entities that request assistance in providing services and support to domestic violence victims. (5) To design, coordinate, and oversee a statewide public awareness campaign. (6) To design and coordinate improved data collection efforts for domestic violence crimes and acts in the State. (7) To research, develop, and recommend proposals of how best to meet the needs of domestic violence victims and to prevent domestic violence in the State. (8) To adopt rules in accordance with Article 2A of Chapter 150B of the General Statutes for the approval of abuser treatment programs as provided in G.S. 50B-3(a)(12). The Commission shall adopt rules to establish a consistent level of performance from providers of abuser treatment programs and to ensure that approved programs enhance the safety of victims and hold those who perpetrate acts of domestic violence responsible. (b) Report. - The Commission shall report its findings and recommendations, including any legislative or administrative proposals, to the Joint Legislative Oversight Committee on General Government no later than July 1 of each year. (1999-237, s. 24.2(b); 2002-105, s. 1; 2021-180, s. 37.1(g); 2022-74, s. 20.2.)

G.S. 143B-394.21 Sexual Assault and Rape Crisis Center Fund.

§ 143B-394.21.  Sexual Assault and Rape Crisis Center Fund. (a) The Sexual Assault and Rape Crisis Center Fund is established within the State Treasury. The fund shall be administered by the Department of Administration, North Carolina Council for Women, and shall be used to make grants to centers for victims of sexual assault or rape crisis and to the North Carolina Coalition Against Sexual Assault, Inc. This fund shall be administered in accordance with the provisions of the State Budget Act under Chapter 143C of the General Statutes. The Department of Administration shall make quarterly grants to each eligible sexual assault or rape crisis center and to the North Carolina Coalition Against Sexual Assault, Inc. To be eligible to receive funds under this section, a sexual assault or rape crisis center shall meet the following requirements: (1) Have been in operation on the preceding July 1 and continue to be in operation. (2) Offer all of the following services: a hotline, transportation services, community education programs, daytime services, and call forwarding during the night; and fulfill other criteria established by the Department of Administration. (3) Be a nonprofit corporation or a local governmental entity. (4) Have a mission statement that clearly specifies rape crisis services are provided. (5) Act in support of victims of rape or sexual assault by providing assistance to ensure victims' interests are represented in law enforcement and legal proceedings and support and referral services are provided in medical and community settings. (b) Funds appropriated from the General Fund to the Department of Administration, North Carolina Council for Women, for the Sexual Assault and Rape Crisis Center Fund shall be distributed in two shares. The North Carolina Coalition Against Sexual Assault, Inc., and sexual assault or rape crisis centers whose services are confined to rape crisis or sexual assault services shall receive an equal share of thirty-five percent (35%) of the funds. Organizations whose services contain sexual assault or rape crisis services and domestic violence services or other support services shall receive an equal share of the remaining sixty-five percent (65%) of the funds. (c) On or before September 1, the North Carolina Council for Women and Youth Involvement shall report on the quarterly distributions of grants from the Sexual Assault and Rape Crisis Center Fund for the current fiscal year and the prior fiscal year to the chairs of the House Appropriations Committee on General Government, the chairs of the Senate Appropriations Committee on General Government and Information Technology, and the Fiscal Research Division. The report shall include the following: (1) Date, amount, and recipients of the fund disbursements. (2) Eligible programs which are ineligible to receive funding during the relative reporting cycle, as well as the reason of the ineligibility for that relative reporting cycle. (2008-107, s. 19.1; 2021-180, s. 37.1(h); 2022-6, s. 14.1; 2023-134, s. 20.2(b).)

G.S. 143B-394.25 State Youth Advisory Council - creation; powers and duties.

§ 143B-394.25.  State Youth Advisory Council - creation; powers and duties. There is hereby created the State Youth Advisory Council of the Department of Administration. The State Youth Advisory Council shall have the following functions and duties: (1) To advise the youth councils of North Carolina; (2) To encourage State and local councils to take active part in governmental and civic affairs, promote and participate in leadership and citizenship programs, and cooperate with other youth-oriented groups; (3) To receive on behalf of the Department of Administration and to recommend expenditure of gifts and grants from public and private donors; (4) To establish procedures for the election of its youth representatives by the State Youth Council; and (5) To advise the Secretary of Administration upon any matter the Secretary may refer to it. (1975, c. 879, s. 26; 2016-94, s. 32.5(d).)

G.S. 143B-394.26 State Youth Advisory Council - members; selection; quorum; compensation.

§ 143B-394.26.  State Youth Advisory Council - members; selection; quorum; compensation. The State Youth Advisory Council of the Department of Administration shall consist of 20 members. The composition and appointment of the Council shall be as follows: Ten youths to be elected by the procedure adopted by the Youth Advisory Council, which shall include a requirement that four of the members represent youth organizations; and 10 adults to be appointed by the Governor at least four of whom shall be individuals working on youth programs through youth organizations. Provided that no person shall serve on the Board for more than two complete consecutive terms. The initial members of the Council shall be the appointed members of the Youth Advisory Board who shall serve for a period equal to the remainder of their current terms on the Youth Advisory Board. The current terms of the youth members expire July 1, 1976, the current terms of four of the adult members expire April 7, 1976, and the remaining four adult members' terms expire May 1, 1978. At the end of the respective terms of office of the initial members of the Council, the appointment of their successors shall be as follows: (1) Eight youth members to serve for terms beginning on July 1, 1976, and expiring on June 30, 1977, and two additional youth members to serve for terms beginning on July 1, 1977, and expiring on June 30, 1978. At the end of the terms of office of these youth members of the Council, the appointment of their successors shall be for terms of two years and until their successors are appointed and qualify. (2) Four adult members to serve for terms beginning on April 8, 1976, and expiring on June 30, 1979; four adult members to serve for terms beginning on May 1, 1978, and expiring on June 30, 1980; one additional adult member to serve for a term beginning July 1, 1977, and expiring June 30, 1978; and one additional adult member to serve for a term beginning July 1, 1977, and expiring June 30, 1979. At the end of the respective terms of office of these adult members of the Council, the appointment of their successors shall be for terms of two years and until their successors are appointed and qualify. At least one adult member shall be an advisor of a local youth council at appointment and for the duration of the term. The total membership shall reasonably reflect the socioeconomic, ethnic, sexual and sectional composition of the State. 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. The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973. The Governor shall designate an adult member of the Council to serve as chairman at the pleasure of the Governor. The Council shall elect a youth member to serve as vice-chairman for a one-year term. A majority of the Council shall constitute a quorum for the transaction of business. Members of the Council who are not officers or employees of the State shall receive per diem and necessary travel and subsistence expenses in accordance with provisions of G.S. 138-5. All clerical and other services required by the Council shall be supplied by the Secretary of Administration. (1975, c. 879, s. 27; 1977, c. 510; 1979, c. 410; 1991, c. 128, s. 1; 2016-94, s. 32.5(d).)

G.S. 143B-394.27 State Youth Council.

§ 143B-394.27.  State Youth Council. There shall be a State Youth Council. It shall be established within one year of July 1, 1975, in accordance with the methods and procedures established by the Youth Advisory Council. The State Youth Council is authorized and empowered to do the following: (1) To consider problems affecting youth and recommend solutions or approaches to these problems to State and local governments and their officials; (2) To promote statewide activities for the benefit of youth; and, (3) To elect the youth representatives to the Youth Advisory Council. (1975, c. 879, s. 28; 2016-94, s. 32.5(d).)

G.S. 143B-394.28 Local youth councils.

§ 143B-394.28.  Local youth councils. The primary purpose of local youth councils is to promote participation by youth in programs affecting civic and governmental affairs. (1975, c. 879, s. 29; 2016-94, s. 32.5(d).)

G.S. 143B-394.31 North Carolina Internship Council - creation; powers and duties.

§ 143B-394.31.  North Carolina Internship Council - creation; powers and duties. There is hereby created the North Carolina Internship Council of the Department of Administration. The North Carolina Internship Council shall have the following functions and duties: (1) To determine the number of student interns to be allocated to each of the following offices or departments: a. Office of the Governor b. Department of Administration c. Repealed by Session Laws 2012-83, s. 49, effective June 26, 2012. d. Department of Natural and Cultural Resources e. Department of Revenue f. Department of Transportation g. Department of Environmental Quality h. Department of Commerce i. Department of Public Safety j. Department of Health and Human Services k. Office of the Lieutenant Governor l. Office of the Secretary of State m. Office of the State Auditor n. Office of the State Treasurer o. Department of Public Instruction p. Repealed by Session Laws 1985, c. 757, s. 162. q. Department of Agriculture and Consumer Services r. Department of Labor s. Department of Insurance t. Office of the Speaker of the House of Representatives u. Justices of the Supreme Court and Judges of the Court of Appeals v. Community Colleges System Office w. Office of State Human Resources x. Office of the Senate President Pro Tempore y. Repealed by Session Laws 2012-83, s. 49, effective June 26, 2012. z. Administrative Office of the Courts aa. State Ethics Commission bb. Division of Employment Security cc. State Board of Elections dd. Department of Justice (2) To screen applications for student internships and select from these applications the recipients of student internships; and (3) To determine the appropriateness of proposals for projects for student interns submitted by the offices and departments enumerated in subdivision (1) of this section. (1977, c. 771, s. 4; c. 967; 1979, c. 783; 1983, c. 710; 1985, c. 757, s. 162; 1989, c. 727, s. 218(151), c. 751, s. 7(21); 1989 (Reg. Sess., 1990), c. 900, s. 1; 1991 (Reg. Sess., 1992), c. 959, s. 42; 1993, c. 522, s. 17; 1997-261, s. 104; 1997-443, ss. 11A.118(a), 11A.119(a); 1999-84, s. 25; 2000-137, s. 4(oo); 2007-121, s. 1; 2011-145, s. 19.1(g), (h), (l); 2011-401, s. 3.21; 2012-83, s. 49; 2013-382, s. 9.1(c); 2015-241, s. 14.30(s), (u); 2016-94, s. 32.5(f); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)

G.S. 143B-394.32 North Carolina Internship Council - members; selection; quorum; compensation; clerical, etc., services.

§ 143B-394.32.  North Carolina Internship Council - members; selection; quorum; compensation; clerical, etc., services. The North Carolina Internship Council shall consist of 17 members, including the Secretary of Administration or his designee, one member to be designated by and to serve at the pleasure of the President Pro Tempore of the Senate, one member to be designated by and to serve at the pleasure of the Speaker of the House of Representatives and the following 14 members to be appointed by the Governor to a two-year term commencing on July 1 of odd-numbered years: two representatives of community colleges; four representatives of The University of North Carolina system; two representatives of private colleges or universities; three representatives of colleges or universities with an enrollment of less than 5,000 students; and three former interns. At the end of the respective terms of office of the 14 members of the Council appointed by the Governor, the appointment of their successors shall be for terms of two years and until their successors are appointed and qualify. The Governor may remove any member appointed by the Governor. 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. The Council shall meet at the call of the chairman or upon written request of at least five members. The Governor shall designate a member of the Council as chairman to serve at the pleasure of the Governor. 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 shall be supplied by the Secretary of Administration. (1977, c. 967; 1987, c. 564, s. 9; 1995, c. 490, s. 28; 2016-94, s. 32.5(f).)

G.S. 143B-394.33 North Carolina Internship Council - committees for screening applications.

§ 143B-394.33.  North Carolina Internship Council - committees for screening applications. The North Carolina Internship Council may designate one representative from each office or department enumerated in G.S. 143B-394.31 to serve on a committee to assist pursuant to guidelines adopted by the Council, in the screening and selection of applicants for student internships. (1977, c. 967; 2016-94, ss. 32.5(f), (g).)

G.S. 143B-403.1 Repealed by Session Laws 2007-323, s. 19.1(a), effective July 1, 2007.

G.S. 143B-403.2 Repealed by Session Laws 2007-323, s. 19.1(a), effective July 1, 2007.

G.S. 143B-404 North Carolina State Commission of Indian Affairs - creation; name.

§ 143B-404.  North Carolina State Commission of Indian Affairs - creation; name. There is hereby created and established the North Carolina State Commission of Indian Affairs. The Commission shall be administered under the direction and supervision of the Department of Administration pursuant to G.S. 143A-6(b) and (c). (1977, c. 849, s. 1; 1977, 2nd Sess., c. 1189.)

G.S. 143B-405 North Carolina State Commission of Indian Affairs - purposes for creation.

§ 143B-405.  North Carolina State Commission of Indian Affairs - purposes for creation. The purposes of the Commission shall be as follows: (1) To deal fairly and effectively with Indian affairs. (2) To bring local, State, and federal resources into focus for the implementation or continuation of meaningful programs for Indian citizens of the State of North Carolina. (3) To provide aid and protection for Indians as needs are demonstrated; to prevent undue hardships. (4) To hold land in trust for the benefit of State-recognized Indian tribes. This subdivision shall not apply to federally recognized Indian tribes. (5) To assist Indian communities in social and economic development. (6) To promote recognition of and the right of Indians to pursue cultural and religious traditions considered by them to be sacred and meaningful to Native Americans. (1977, c. 849, s. 1; 1977, 2nd Sess., c. 1189; 2001-344, s. 1; 2006-264, s. 15.)

G.S. 143B-406 North Carolina State Commission of Indian Affairs - duties; use of funds.

§ 143B-406.  North Carolina State Commission of Indian Affairs - duties; use of funds. (a) The Commission shall have the following duties: (1) To study, consider, accumulate, compile, assemble and disseminate information on any aspect of Indian affairs. (2) To investigate relief needs of Indians of North Carolina and to provide technical assistance in the preparation of plans for the alleviation of such needs. (3) To confer with appropriate officials of local, State and federal governments and agencies of these governments, and with such congressional committees that may be concerned with Indian affairs to encourage and implement coordination of applicable resources to meet the needs of Indians in North Carolina. (4) To cooperate with and secure the assistance of the local, State and federal governments or any agencies thereof in formulating any such programs, and to coordinate such programs with any programs regarding Indian affairs adopted or planned by the federal government to the end that the State Commission of Indian Affairs secure the full benefit of such programs. (5) To act as trustee for any interest in real property that may be transferred to the Commission for the benefit of State-recognized Indian tribes in accordance with a trust agreement approved by the Commission. The Commission shall not hold any interest in real property for the benefit of federally recognized Indian tribes. (6) To review all proposed or pending State legislation and amendments to existing State legislation affecting Indians in North Carolina. (7) To conduct public hearings on matters relating to Indian affairs and to subpoena any information or documents deemed necessary by the Commission. (8) To study the existing status of recognition of all Indian groups, tribes and communities presently existing in the State of North Carolina. (9) To establish appropriate procedures to provide for legal recognition by the State of presently unrecognized groups. (10) To provide for official State recognition by the Commission of such groups. (11) To initiate procedures for their recognition by the federal government. (b) The Commission may adopt rules to implement the provisions of subdivision (a)(5) of this section. (1977, c. 849, s. 1; 1977, 2nd Sess., c. 1189; 2001-344, s. 2.)

G.S. 143B-407 North Carolina State Commission of Indian Affairs - membership; term of office; chairman; compensation.

§ 143B-407.  North Carolina State Commission of Indian Affairs - membership; term of office; chairman; compensation. (a) The State Commission of Indian Affairs shall consist of two persons appointed by the General Assembly, the Secretary of Health and Human Services, the Assistant Secretary of Commerce in charge of the Division of Employment Security, the Secretary of Administration, the Secretary of Environmental Quality, the Commissioner of Labor or their designees and 21 representatives of the Indian community. These Indian members shall be selected by tribal or community consent from the Indian groups that are recognized by the State of North Carolina and are principally geographically located as follows: the Coharie of Sampson and Harnett Counties; the Eastern Band of Cherokees; the Haliwa Saponi of Halifax, Warren, and adjoining counties; the Lumbees of Robeson, Hoke and Scotland Counties; the Meherrin of Hertford County; the Waccamaw-Siouan from Columbus and Bladen Counties; the Sappony; the Occaneechi Band of the Saponi Nation of Alamance and Orange Counties, and the Native Americans located in Cumberland, Guilford, Johnston, Mecklenburg, Orange, and Wake Counties. The Coharie shall have two members; the Eastern Band of Cherokees, two; the Haliwa Saponi, two; the Lumbees, three; the Meherrin, one; the Waccamaw-Siouan, two; the Sappony, one; the Cumberland County Association for Indian People, two; the Guilford Native Americans, two; the Metrolina Native Americans, two; the Occaneechi Band of the Saponi Nation, one, the Triangle Native American Society, one. Of the two appointments made by the General Assembly, one shall be made upon the recommendation of the Speaker, and one shall be made upon recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120-121 and vacancies shall be filled in accordance with G.S. 120-122. (b) Members serving by virtue of their office within State government shall serve so long as they hold that office. Members representing Indian tribes and groups shall be elected by the tribe or group concerned and shall serve for three-year terms except that at the first election of Commission members by tribes and groups one member from each tribe or group shall be elected to a one-year term, one member from each tribe or group to a two-year term, and one member from the Lumbees to a three-year term. The initial appointment from the Indians of Person County shall expire on June 30, 1999. The initial appointment from the Triangle Native American Society shall expire June 30, 2003. The initial appointment of the Occaneechi Band of the Saponi Nation shall expire June 30, 2005. Thereafter, all Commission members will be elected to three-year terms. All members shall hold their offices until their successors are appointed and qualified. Vacancies occurring on the Commission shall be filled by the tribal council or governing body concerned. Any member appointed to fill a vacancy shall be appointed for the remainder of the term of the member causing the vacancy. The Governor shall appoint a chairman of the Commission from among the Indian members of the Commission, subject to ratification by the full Commission. The initial appointments by the General Assembly shall expire on June 30, 1983. Thereafter, successors shall serve for terms of two years. In the event that a vacancy occurs among the membership representing Indian tribes and groups and the vacancy temporarily cannot be filled by the tribe or group for any reason, the Commission membership may designate a tribal or group member to serve on the Commission on an interim basis until the tribe or group is able to select a permanent member to fill the vacancy. The service of the interim member shall terminate immediately upon appointment by the tribe or group of a member to fill the vacancy in its membership. (c) Commission members who are seated by virtue of their office within the State government shall be compensated at the rate specified in G.S. 138-6. Commission members who are members of the General Assembly shall be compensated at the rate specified in G.S. 120-3.1. Indian members of the commission shall be compensated at the rate specified in G.S. 138-5. (1977, c. 771, s. 4; c. 849, s. 1; 1977, 2nd Sess., c. 1189; 1981, c. 47, s. 5; 1981 (Reg. Sess., 1982), c. 1191, ss. 74, 76; 1989, c. 727, s. 218(149); 1991, c. 467, s. 1; 1995, c. 490, s. 27; 1997-147, s. 2; 1997-293, s. 2; 1997-443, ss. 11A.118(a), 11A.119(a); 2001-318, s. 1; 2002-126, s. 19.1A(a); 2003-87, s. 2; 2009-39, s. 1; 2011-401, s. 3.20; 2015-241, s. 14.30(v).)

G.S. 143B-408 North Carolina State Commission of Indian Affairs - meetings; quorum; proxy vote.

§ 143B-408.  North Carolina State Commission of Indian Affairs - meetings; quorum; proxy vote. (a) The Commission shall meet quarterly, and at any other such time that it shall deem necessary. Meetings may be called by the chairman or by a petition signed by a majority of the members of the Commission. Ten days' notice shall be given in writing prior to the meeting date. (b) Simple majority of the Indian members of the Commission must be present to constitute a quorum. (c) Proxy vote shall not be permitted. (1977, c. 849, s. 1; 1977, 2nd Sess., c. 1189.)

G.S. 143B-409 North Carolina State Commission of Indian Affairs - reports.

§ 143B-409.  North Carolina State Commission of Indian Affairs - reports. The Commission shall prepare a written annual report giving an account of its proceedings, transactions, findings, and recommendations. This report shall be submitted to the Governor and the Joint Legislative Oversight Committee on General Government. The report will become a matter of public record and will be maintained in the State Historical Archives. It may also be furnished to such other persons or agencies as the Commission may deem proper. (1977, c. 849, s. 1; 1977, 2nd Sess., c. 1189; 2021-180, s. 37.1(i).)

G.S. 143B-410 North Carolina State Commission of Indian Affairs - fiscal records; clerical staff.

§ 143B-410.  North Carolina State Commission of Indian Affairs - fiscal records; clerical staff. Fiscal records shall be kept by the Secretary of Administration. The audit report will become a part of the annual report and will be submitted in accordance with the regulations governing preparation and submission of the annual report. The Commission shall submit the annual report to the Joint Legislative Oversight Committee on General Government. (1977, c. 849, s. 1; 1977, 2nd Sess., c. 1189; 1983, c. 913, s. 41; 2021-180, s. 37.1(j).)

G.S. 143B-411 North Carolina State Commission of Indian Affairs - executive director; employees.

§ 143B-411.  North Carolina State Commission of Indian Affairs - executive director; employees. The Commission may, subject to legislative or other funds that would accrue to the Commission, employ an executive director to carry out the day-to-day responsibilities and business of the Commission.  The executive director shall serve at the pleasure of the Commission.  The executive director, also subject to legislative or other funds that would accrue to the Commission, may hire additional staff and consultants to assist in the discharge of his responsibilities, as determined by the Commission.  The executive director shall not be a member of the Commission, and shall be of Indian descent. (1977, c. 849, s. 1; 1977, 2nd Sess., c. 1189; 1991, c. 88.)

G.S. 143B-411.1 North Carolina Advisory Council on the Eastern Band of the Cherokee - creation; membership; terms of office.

§ 143B-411.1.  North Carolina Advisory Council on the Eastern Band of the Cherokee - creation; membership; terms of office. The North Carolina Advisory Council on the Eastern Band of the Cherokee is created in the Department of Administration. The Council shall consist of 16 members and shall include the following members: eight members shall be appointed by the Chief with the consent of the Tribal Council of the Eastern Band of the Cherokee; the Superintendent of Public Instruction or his designee; the Secretary of Administration or his designee; the Secretary of Health and Human Services or his designee; the Secretary of Environmental Quality or his designee; the Attorney General or his designee; one member appointed by the Governor who shall be a representative of local government in Swain, Jackson, or Cherokee Counties; one legislator appointed by the Speaker of the House; and one legislator appointed by the President Pro Tempore of the Senate. Members serving by virtue of their office within State Government shall serve so long as they hold that office, except that the members appointed by the Speaker of the House and the President Pro Tempore of the Senate shall serve for two-year terms. Members appointed by the Chief shall serve at the pleasure of the Chief. Members appointed by the Governor shall serve a term of four years at the pleasure of the Governor. (1983 (Reg. Sess., 1984), c. 1085, s. 1; 1989, c. 727, s. 218(150); 1997-443, ss. 11A.118(a), 11A.119(a); 2015-241, s. 14.30(v).)

G.S. 143B-411.2 North Carolina Advisory Council on the Eastern Band of the Cherokee - purpose or creation; powers and duties.

§ 143B-411.2.  North Carolina Advisory Council on the Eastern Band of the Cherokee - purpose or creation; powers and duties. The purpose of the Council is to study on a continuing basis the relationship between the Eastern Band of the Cherokee and the State of North Carolina in order to resolve any matters of concern to the State or the Tribe. It shall be the duty of the Council: (1) Identify existing and potential conflicts between the State of North Carolina and the Eastern Band of Cherokee Indians. (2) Propose State and federal legislation and agreements between the State of North Carolina and the Cherokee Tribe to resolve existing and potential conflicts. (3) To study and make recommendations concerning any issue referred to the Council by any official of the Eastern Band of the Cherokee, the State of North Carolina, or the government of Haywood, Jackson, Swain, Graham, or Cherokee Counties. (4) Study other issues of mutual concern to the Eastern Band of the Cherokee. (5) Repealed by Session Laws 2021-180, s. 37.1(k), effective November 18, 2021, and applicable to reports submitted on or after that date. (1983 (Reg. Sess., 1984), c. 1085, s. 1; 2021-180, s. 37.1(k).)

G.S. 143B-411.3 North Carolina Advisory Council of the Eastern Band of the Cherokee - meetings; quorum; compensation; chairman.

§ 143B-411.3.  North Carolina Advisory Council of the Eastern Band of the Cherokee - meetings; quorum; compensation; chairman. The Council shall meet at least quarterly or at the call of the chairman or a majority of the Council. A quorum shall consist of a majority of the Council. Designees of Council members serving by virtue of office shall be entitled to vote. The Chairman of the Council shall be elected from the membership. The selection of a member as chairman shall have no effect on the member's voting privileges. Council members who are seated by virtue of their office within State government shall be compensated at the rate specified in G.S. 138-6. Council members who are members of the General Assembly shall be compensated at the rate specified in G.S. 120-31. Other Council members shall be compensated at the rate specified in G.S. 138-5. (1983 (Reg. Sess., 1984), c. 1085, s. 1.)

G.S. 143B-411.4 North Carolina Advisory Council on the Eastern Band of the Cherokee - clerical and administrative support.

§ 143B-411.4.  North Carolina Advisory Council on the Eastern Band of the Cherokee - clerical and administrative support. All clerical and other services required by the Council shall be supplied by the Secretary of Administration. (1983 (Reg. Sess., 1984), c. 1085, s. 1.)

G.S. 143B-414 Repealed by Session Laws 2011-266, s. 1.7, effective July 1, 2011.

G.S. 143B-415 Repealed by Session Laws 2011-266, s. 1.7, effective July 1, 2011.

G.S. 143B-416 Repealed by Session Laws 2011-266, s. 1.7, effective July 1, 2011.

G.S. 143B-417 Recodified as § 143B-394.31 by Session Laws 2016-94, s. 32.5(f).

G.S. 143B-418 Recodified as G.S. 143B-394.32 by Session Laws 2016-94, s. 32.5(d).

G.S. 143B-419 Recodified as G.S. 143B-394.33 by Session Laws 2016-94, s. 32.5(d).

G.S. 143B-421.1 Selective Service registration, State employment.

§ 143B-421.1.  Selective Service registration, State employment. (a) Any person subject to 50 United States Code Appx. § 453 (Military Selective Service Act) shall register as required by that act. Any person who fails to do so in accordance with any proclamation or any rule or regulation issued under this section, shall be ineligible for employment by or service for the State, or a political subdivision of the State, including all boards and commissions, departments, agencies, institutions, and instrumentalities. (b) It shall be the duty of all persons or officials having charge of and authority over either the hiring of employees, as described in this section, to adopt rules and regulations which shall require applicants to indicate on a form whether they are in compliance with the registration requirements described in subsection (a). Rules and regulations issued under the authority of this section shall provide that an applicant be given not less than 30 days after notification of a proposed finding of ineligibility for employment to provide the issuing official with information that he is in compliance with the registration requirements described in subsection (a). The issuing official may afford such person an opportunity for a hearing to establish his compliance or for any other purpose. (c) A person may not be denied a right, privilege, or benefit under State law by reason of failure to present himself for and submit to registration under 50 U.S.C.S. Appx. § 453 if all of the following apply: (1) The requirement for the person to so register has terminated or become inapplicable to the person. (2) The person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register. (1989, c. 618; 2023-134, s. 8A.9(b).)

G.S. 143B-421.3 Consultation required for welcome and visitor centers.

§ 143B-421.3.  Consultation required for welcome and visitor centers. The Department of Commerce and the Department of Transportation shall consult with the chairs of the Joint Legislative Transportation Oversight Committee, the chairs of the Senate Appropriations Committee on Department of Transportation, the chairs of the House of Representatives Appropriations Committee on Transportation, the chairs of the Senate Appropriations Committee on Agriculture, Natural, and Economic Resources, and the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources before beginning the design or construction of any new welcome center or visitor center buildings. (2007-356; s. 1; 2017-57, s. 14.1(x).)

G.S. 143B-426.8 Repealed by Session Laws 2021-90, s. 2(a), effective July 22, 2021.

G.S. 143B-426.9 Repealed by Session Laws 2021-90, s. 2(a), effective July 22, 2021.

G.S. 143B-426.10 Repealed by Session Laws 2021-90, s. 2(a), effective July 22, 2021.

G.S. 143B-426.11 Repealed by Session Laws 2021-90, s. 2(a), effective July 22, 2021.

G.S. 143B-426.11A Repealed by Session Laws 2021-90, s. 2(a), effective July 22, 2021.

G.S. 143B-426.12 Repealed by Session Laws 2011-266, s. 1.13(a), effective July 1, 2011.

G.S. 143B-426.13 Repealed by Session Laws 2021-90, s. 2(a), effective July 22, 2021.

G.S. 143B-426.14 Repealed by Session Laws 2021-90, s. 2(a), effective July 22, 2021.

G.S. 143B-426.15 Repealed by Session Laws 2021-90, s. 2(a), effective July 22, 2021.

G.S. 143B-426.16 Repealed by Session Laws 2021-90, s. 2(a), effective July 22, 2021.

G.S. 143B-426.17 Repealed by Session Laws 2021-90, s. 2(a), effective July 22, 2021.

G.S. 143B-426.18 Repealed by Session Laws 2021-90, s. 2(a), effective July 22, 2021.

G.S. 143B-426.19 Repealed by Session Laws 2021-90, s. 2(a), effective July 22, 2021.

G.S. 143B-426.20 Repealed by Session Laws 2021-90, s. 2(a), effective July 22, 2021.

G.S. 143B-426.24 North Carolina Public Employee Deferred Compensation Plan.

§ 143B-426.24.  North Carolina Public Employee Deferred Compensation Plan. (a) The Governor may, by Executive Order, establish a Board of Trustees of the North Carolina Public Employee Deferred Compensation Plan, which when established shall be constituted an agency of the State of North Carolina within the Department of State Treasurer. The Board shall create, establish, implement, coordinate and administer a Deferred Compensation Plan for employees of the State, any county or municipality, the North Carolina Community College System, and any political subdivision of the State. Until so established, the Board heretofore established pursuant to Executive Order XII dated November 12, 1974, shall continue in effect. Likewise, the Plan heretofore established shall continue until a new plan is established. Effective July 1, 2008, the Plan shall be administered by the Supplemental Retirement Board of Trustees established under G.S. 135-96. (b)-(f) Repealed by Session Laws 2008-132, s. 3, effective July 1, 2009. (g) It shall be the duty of the Supplemental Retirement Board to review all contracts, agreements or arrangements then in force relating to G.S. 147-9.2 and Executive Order XII to include, but not be limited to, such contracts, agreements or arrangements pertaining to the administrative services and the investment of deferred funds under the Plan for the purpose of recommending continuation of or changes to such contracts, agreements or arrangements. (h) It shall be the duty of the Supplemental Retirement Board to devise a uniform Deferred Compensation Plan for teachers and employees, which shall include a reasonable number of options to the teacher or employee, for the investment of deferred funds, among which may be life insurance, fixed or variable annuities and retirement income contracts, regulated investment trusts, pooled investment funds managed by the Board or its designee, or other forms of investment approved by the Board, always in such form as will assure the desired tax treatment of such funds. The Board may alter, revise and modify the Plan from time to time to improve the Plan or to conform to and comply with requirements of State and federal laws and regulations relating to the deferral of compensation of teachers and public employees generally. (h1) Notwithstanding any other law, an employee of any county or municipality, an employee of the North Carolina Community College System, or an employee of any political subdivision of the State may participate in any 457 Plan adopted by the State, with the consent of the Supplemental Retirement Board and with the consent of the proper governing authority of such county, municipality, community college, or political subdivision of the State where such employee is employed. (h2) The administrative costs of the North Carolina Public Employee Deferred Compensation Plan may be charged to members or deducted from members' accounts in accordance with nondiscriminatory procedures established by the Department of State Treasurer and Board of Trustees. (i) The Supplemental Retirement Board is authorized to delegate the performance of such of its administrative duties as it deems appropriate including coordination, administration, and marketing of the Plan to teachers and employees. Prior to entering into any contract with respect to such administrative duties, it shall seek bids, hold public hearings and in general take such steps as are calculated by the Board to obtain competent, efficient and worthy services for the performance of such administrative duties. (j) The Supplemental Retirement Board may acquire investment vehicles from any company duly authorized to conduct such business in this State or may establish, alter, amend and modify, to the extent it deems necessary or desirable, a trust for the purpose of facilitating the administration, investment and maintenance of assets acquired by the investment of deferred funds. All assets of the Plan, including all deferred amounts, property and rights purchased with deferred amounts, and all income attributed thereto shall be held in trust for the exclusive benefit of the Plan participants and their beneficiaries. (k), (l) Repealed by Session Laws 2008-132, s. 3, effective July 1, 2009. (m) Investment of deferred funds shall not be unreasonably delayed, and in no case shall the investment of deferred funds be delayed more than 30 days. The Supplemental Retirement Board may accumulate such funds pending investment, and the interest earned on such funds pending investment shall be available to and may be spent in the discretion of the Board only for the reasonable and necessary expenses of the Board. The State Treasurer is authorized to prescribe guidelines for the expenditure of such funds by the Board. From time to time as the Board may direct, funds not required for such expenses may be used to defray administrative expenses and fees which would otherwise be required to be borne by teachers and employees who are then participating in the Plan. (n) Repealed by Session Laws 2008-132, s. 3, effective July 1, 2009. (o) It is intended that the provisions of this Part shall be liberally construed to accomplish the purposes provided for herein. (1983, c. 559, s. 1; 1991, c. 389, s. 2; 1995, c. 490, s. 40; 1999-456, s. 42; 2004-137, s. 1; 2006-66, s. 20.1; 2008-132, s. 3; 2018-84, s. 5(a).)

G.S. 143B-426.25 (Repealed) North Carolina Farmworker Council - creation; membership; meetings. (G.S. 143B-426.25: 1983, c. 923, s. 205; 1987, c. 876, s. 29.1; 1991, c. 130, s. 1; 1995, c. 490, s. 19; 1997-443, ss. 11A.118(a), 11A.119(a); 2011-401, s. 3.22; 2015-241, s. 14.30(v); repealed by 2021-90, s. 10, effective July 22, 2021; repealed by 2021-180, s. 37.1(l); G.S. 143B-426.26: 1983, c. 923, s. 205; repealed by 2021-90, s. 10, effective July 22, 2021; repealed by 2021-180, s. 37.1(l).)

G.S. 143B-426.34A Martin Luther King, Jr. Commission - creation; powers and duties.

§ 143B-426.34A.  Martin Luther King, Jr. Commission - creation; powers and duties. There is hereby created the Martin Luther King, Jr. Commission of the Department of Administration.  The Martin Luther King, Jr. Commission shall have the following functions and duties: (1) To encourage appropriate ceremonies and activities throughout the State relating to the observance of the legal holiday honoring Martin Luther King, Jr.'s birthday; (2) To provide advice and assistance to local governments and private organizations across the State with respect to the observance of such holiday; and (3) To promote among the people of North Carolina an awareness and appreciation of the life and work of Martin Luther King, Jr. (1993, c. 502.)

G.S. 143B-426.34B Martin Luther King, Jr. Commission - members; selection; quorum; compensation.

§ 143B-426.34B.  Martin Luther King, Jr. Commission - members; selection; quorum; compensation. (a) The Martin Luther King, Jr. Commission of the Department of Administration shall consist of 16 members.  The Governor shall appoint 12 members, one of whom he shall designate as the chair of the Commission.  The Governor shall make reasonable efforts to assure that his appointees are equally distributed geographically throughout the State.  The President Pro Tempore of the Senate shall appoint two members and the Speaker of the House of Representatives shall appoint two members.  The terms of four of the members appointed by the Governor shall expire June 30, 1997.  The terms of four of the members appointed by the Governor shall expire June 30, 1996.  The terms of four of the members appointed by the Governor shall expire June 30, 1994.  The terms of the members appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall expire June 30, 1995.  At the end of the respective terms of office of the initial members of the Commission, the appointment of their successors shall be for terms of four years.  No member of the Commission shall serve more than two consecutive terms.  A member having served two consecutive terms shall be eligible for reappointment one year after the expiration of the second term.  A member who fails to attend any three meetings of the Commission shall be dismissed automatically from the Commission upon failure to attend the third such meeting.  Provided, however, that the Commission may, by majority vote, reinstate any such dismissed member for the remainder of the unexpired term for good cause shown for failing to attend the meetings.  Vacancies shall be filled by the appointing officer for the unexpired term. (b) A majority of the Commission shall constitute a quorum for the transaction of business. (c) Members of the Commission shall be compensated for their services as authorized by G.S. 138-5.  Members of the Commission who are State officials or employees shall be reimbursed as authorized by G.S. 138-6. (d) The Department of Administration shall provide necessary clerical and administrative support services to the Commission. (1993, c. 502.)

G.S. 143B-426.35 Definitions.

§ 143B-426.35.  Definitions. As used in this Part, unless the context clearly indicates otherwise: (1) "Accounting system" means the total structure of records and procedures which discover, record, classify, and report information on the financial position and operating results of a governmental unit or any of its funds, balanced account groups, and organizational components. (2) "Office" means the Office of the State Controller. (3) "State agency" means any State agency as defined in G.S. 147-64.4(4). (4) "State funds" means any moneys appropriated by the General Assembly, or moneys collected by or for the State, or any agency of the State, pursuant to the authority granted in any State laws. (1985 (Reg. Sess., 1986), c. 1024, s. 1; 1991, c. 542, s. 13.)

G.S. 143B-426.36 Office of the State Controller; creation.

§ 143B-426.36.  Office of the State Controller; creation. There is created the Office of the State Controller. This office shall be located administratively within the Department of Administration but shall exercise all of its prescribed statutory powers independently of the Secretary of Administration. (1985 (Reg. Sess., 1986), c. 1024, s. 1.)

G.S. 143B-426.37 State Controller.

§ 143B-426.37.  State Controller. (a) The Office of the State Controller shall be headed by the State Controller who shall maintain the State accounting system and shall administer the State disbursing system. (b) The State Controller shall be a person qualified by education and experience for the office and shall be appointed by the Governor subject to confirmation by the General Assembly. The term of office of the State Controller shall be for seven years; the first full term shall begin July 1, 1987. The Governor shall submit the name of the person to be appointed, for confirmation by the General Assembly, to the President of the Senate and the Speaker of the House of Representatives by May 1 of the year in which the State Controller is to be appointed. If the Governor does not submit the name by that date, the President of the Senate and the Speaker of the House of Representatives shall submit a name to the General Assembly for confirmation. In case of death, incapacity, resignation, removal by the Governor for cause, or vacancy for any other reason in the Office of State Controller prior to the expiration of the term of office while the General Assembly is in session, the Governor shall submit the name of a successor to the President of the Senate and the Speaker of the House of Representatives within four weeks after the vacancy occurs. If the Governor does not do so, the President of the Senate and the Speaker of the House of Representatives shall submit a name to the General Assembly for confirmation. In case of death, incapacity, resignation, removal by the Governor for cause, or vacancy for any other reason in the Office of State Controller prior to the expiration of the term of office while the General Assembly is not in session, the Governor shall appoint a State Controller to serve on an interim basis pending confirmation by the General Assembly. (c) The salary of the State Controller shall be set by the General Assembly in the Current Operations Appropriations Act. (1985 (Reg. Sess., 1986), c. 1024, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 27.)

G.S. 143B-426.38 Organization and operation of office.

§ 143B-426.38.  Organization and operation of office. (a) The State Controller may appoint a Chief Deputy State Controller. The salary of the Chief Deputy State Controller shall be set by the State Controller. (b) The State Controller may appoint all employees necessary to carry out his powers and duties. These employees shall be subject to the North Carolina Human Resources Act. (c) All employees of the office shall be under the supervision, direction, and control of the State Controller. Except as otherwise provided by this Part, the State Controller may assign any function vested in him or his office to any subordinate officer or employee of the office. (d) The State Controller may, subject to the provisions of G.S. 147-64.7(b)(2), obtain the services of independent public accountants, attorneys, qualified management consultants, and other professional persons or experts to carry out his powers and duties. Notwithstanding G.S. 147-17 and G.S. 114-2.3, the State Controller may retain private counsel to represent his or her interests in litigation related to his or her financial management of State appropriations by the General Assembly. Notwithstanding the provisions of G.S. 143C-6-9(b), the State Controller may use lapsed salary savings to retain private counsel to provide litigation services. (e) The State Controller shall have legal custody of all books, papers, documents, email files, organizational internet domain names, digital files, online website content, and other records of the office. (f) The State Controller shall be responsible for the preparation of and the presentation of the office budget request, including all funds requested and all receipts expected for all elements of the budget. (g) The State Controller may adopt regulations for the administration of the office, the conduct of employees of the office, the distribution and performance of business, the performance of the functions assigned to the State Controller and the office of the State Controller, and the custody, use, and preservation of the records, documents, and property pertaining to the business of the office. (1985 (Reg. Sess., 1986), c. 1024, s. 1; 2013-382, s. 9.1(c); 2023-134, s. 25.1(a).)

G.S. 143B-426.38A Recodified as G.S. 143B-1381 by Session Laws 2015-241, s. 7A.2(c), effective September 18, 2015, and subsequently renumbered as 143B-1385 by the Revisor of Statutes.

G.S. 143B-426.39 Powers and duties of the State Controller.

§ 143B-426.39.  Powers and duties of the State Controller. The State Controller shall: (1) Prescribe, develop, operate, and maintain in accordance with generally accepted principles of governmental accounting, a uniform state accounting system for all state agencies. The system shall be designed to assure compliance with all legal and constitutional requirements including those associated with the receipt and expenditure of, and the accountability for public funds. The State Controller may elect to review a State agency's compliance with prescribed uniform State accounting system standards, as well as applicable legal and constitutional requirements related to compliance with such standards. (2) On the recommendation of the State Auditor, prescribe and supervise the installation of any changes in the accounting systems of an agency that, in the judgment of the State Controller, are necessary to secure and maintain internal control and facilitate the recording of accounting data for the purpose of preparing reliable and meaningful statements and reports. The State Controller shall be responsible for seeing that a new system is designed to accumulate information required for the preparation of budget reports and other financial reports. (3) Maintain complete, accurate and current financial records that set out all revenues, charges against funds, fund and appropriation balances, interfund transfers, outstanding vouchers, and encumbrances for all State funds and other public funds including trust funds and institutional funds available to, encumbered, or expended by each State agency, in a manner consistent with the uniform State accounting system. (4) Prescribe the uniform classifications of accounts to be used by all State agencies including receipts, expenditures, assets, liabilities, fund types, organization codes, and purposes. The State Controller shall also, after consultation with the Office of State Budget and Management, prescribe a form for the periodic reporting of financial accounts, transactions, and other matters that is compatible with systems and reports required by the State Controller under this section. Additional records, accounts, and accounting systems may be maintained by agencies when required for reporting to funding sources provided prior approval is obtained from the State Controller. (4a) Prescribe that, unless exempted by the State Controller, newly created or acquired component units of the State are required to have the same fiscal year as the State. (5) Prescribe the manner in which disbursements of the State agencies shall be made and may require that warrants, vouchers, electronic payments, or checks, except those drawn by the State Auditor, State Treasurer, and Administrative Officer of the Courts, shall bear two signatures of officers as designated by the State Controller. (6) Prescribe, develop, operate, and maintain a uniform payroll system, in accordance with G.S. 143B-426.40G and G.S. 143C-6-6 for all State agencies. This uniform payroll system shall be designed to assure compliance with all legal and constitutional requirements. When the State Controller finds it expedient to do so because of a State agency's size and location, the State Controller may authorize a State agency to operate its own payroll system. Any State agency authorized by the State Controller to operate its own payroll system shall comply with the requirements adopted by the State Controller. (7) Keep a record of the appropriations, allotments, expenditures, and revenues of each State agency. (8) Make appropriate reconciliations with the balances and accounts kept by the State Treasurer. (9) Develop, implement, and amend as necessary a uniform statewide cash management plan for all State agencies in accordance with G.S. 147-86.11. (9a) Implement a statewide accounts receivable program in accordance with Article 6B of Chapter 147 of the General Statutes. (10) Prepare and submit to the Governor, the State Auditor, the State Treasurer, and the Office of State Budget and Management each month, a report summarizing by State agency and appropriation or other fund source, the results of financial transactions. This report shall be in the form that will most clearly and accurately set out the current fiscal condition of the State. The State Controller shall also furnish each State agency a report of its transactions by appropriation or other fund source in a form that will clearly and accurately present the fiscal activities and condition of the appropriation or fund source. (11) Prepare and submit to the Governor, the State Auditor, the State Treasurer, and the Office of State Budget and Management, at the end of each quarter, a report on the financial condition and results of operations of the State entity for the period ended. This report shall clearly and accurately present the condition of all State funds and appropriation balances and shall include comments, recommendations, and concerns regarding the fiscal affairs and condition of the State. (12) Prepare on or before October 31 of each year, a Comprehensive Annual Financial Report in accordance with generally accepted accounting principles of the preceding fiscal year, in accordance with G.S. 143B-426.40H. The report shall include State agencies and component units of the State, as defined by generally accepted accounting principles. (13) Perform additional functions and duties assigned to the State Controller, within the scope and context of the State Budget Act, Chapter 143C of the General Statutes. (14) through (16) Recodified as G.S. 143B-472.42 (1), (2), and (3) by Session Laws 1997-148, s. 3. (17) Repealed by Session Laws 2014-115, s. 56.8(b), effective August 11, 2014. (18) Require a criminal history record check of any current or prospective employee, volunteer, or contractor, which shall be conducted by the State Bureau of Investigation as provided in G.S. 143B-1209.47. The criminal history report shall be provided to the State Controller and is not a public record under Chapter 132 of the General Statutes. (1985 (Reg. Sess., 1986), c. 1024, s. 1; 1987, c. 738, s. 59(a)(2); 1989, c. 239, s. 4; 1989 (Reg. Sess., 1990), c. 1024, s. 37; 1991, c. 542, s. 14; 1993, c. 512, s. 2; 1993 (Reg. Sess., 1994), c. 777, s. 1(a); 1997-148, s. 3; 2000-67, s. 7(b); 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2005-65, s. 1; 2005-276, s. 6.19; 2006-66, s. 6.19(a), (c); 2006-203, s. 8; 2006-221, s. 3A; 2006-259, s. 40(a), (c); 2013-360, s. 7.10(e); 2014-115, s. 56.8(b); 2016-28, s. 1; 2023-134, s. 19F.4(ii).)

G.S. 143B-426.39B Compliance review work papers not public records.

§ 143B-426.39B.  Compliance review work papers not public records. Work papers and other supportive material created as a result of a compliance review conducted under G.S. 143B-426.39(1) are not public records under Chapter 132 of the General Statutes. The State Controller shall make all work papers and other supportive materials available to the State Auditor. The State Controller may, unless otherwise prohibited by law, make work papers available for inspection by duly authorized representatives of the State and federal governments in connection with matters officially before them. Any report resulting from a compliance review is a public record under Chapter 132 of the General Statutes. (2005-65, s. 2.)

G.S. 143B-426.40A Assignments of claims against State.

§ 143B-426.40A.  Assignments of claims against State. (a) Definitions. - The following definitions apply in this section: (1) Assignment. An assignment or transfer of a claim, or a power of attorney, an order, or another authority for receiving payment of a claim. (2) Claim. A claim, a part or a share of a claim, or an interest in a claim, whether absolute or conditional. (3) Qualified charitable organization. A charitable organization that is exempt from federal income tax pursuant to section 501(c)(3) of the Internal Revenue Code. (4) State employee credit union. A credit union organized under Chapter 54 of the General Statutes whose membership is at least one-half employees of the State. (5) The State. The State of North Carolina and any department, bureau, or institution of the State of North Carolina. (b) Assignments Prohibited. - Except as otherwise provided in this section, any assignment of a claim against the State is void, regardless of the consideration given for the assignment, unless the claim has been duly audited and allowed by the State and the State has issued a warrant for payment of the claim. Except as otherwise provided in this section, the State shall not issue a warrant to an assignee of a claim against the State. (c) Assignments in Favor of Certain Entities Allowed. - This section does not apply to an assignment in favor of: (1) A hospital. (2) A building and loan association. (3) A uniform rental firm in order to allow an employee of the Department of Transportation to rent uniforms that include Day-Glo orange shirts or vests as required by federal and State law. (4) An insurance company for medical, hospital, disability, or life insurance. (d) Assignments to Meet Child Support Obligations Allowed. - This section does not apply to assignments made to meet child support obligations pursuant to G.S. 110-136.1. (e) Assignments for Prepaid Legal Services Allowed. - This section does not apply to an assignment for payment for prepaid legal services. (f) Payroll Deduction for State Employees' Credit Union Accounts Allowed. - An employee of the State who is a member of a State employee credit union may authorize, in writing, the periodic deduction from the employee's salary or wages paid for employment by the State of a designated lump sum for deposit to any credit union accounts, purchase of any credit union shares, or payment of any credit union obligations agreed to by the employee and the State Employees' Credit Union. (f1) Payroll Deduction for Contributions to the Parental Savings Fund Allowed. - An employee of the State may authorize, in writing, the periodic deduction from the employee's salary or wages paid for employment by the State of a designated lump sum for deposit in the Parental Savings Trust Fund administered by the State Education Assistance Authority. (g) Payroll Deduction for Payments to Certain Employees' Associations Allowed. - An employee of the State or any of its political subdivisions, institutions, departments, bureaus, agencies or commissions, or any of its local boards of education or community colleges, who is a member of a domiciled employees' association that has at least 2,000 members, 500 of whom are employees of the State, a political subdivision of the State, or public school employees, may authorize, in writing, the periodic deduction each payroll period from the employee's salary or wages a designated lump sum to be paid to the employees' association. A political subdivision may also allow periodic deductions for a domiciled employees' association that does not otherwise meet the minimum membership requirements set forth in this paragraph. An employee of any local board of education who is a member of a domiciled employees' association that has at least 40,000 members, the majority of whom are public school teachers, may authorize in writing the periodic deduction each payroll period from the employee's salary or wages a designated lump sum or sums to be paid for dues and voluntary contributions for the employees' association. An authorization under this subsection shall remain in effect until revoked by the employee. A plan of payroll deductions pursuant to this subsection for employees of the State and other association members shall become void if the employees' association engages in collective bargaining with the State, any political subdivision of the State, or any local school administrative unit. This subsection does not apply to county or municipal governments or any local governmental unit, except for local boards of education. (h) Payroll Deduction for State Employees Combined Campaign Allowed. - Subject to rules adopted by the State Controller, an employee of the State may authorize, in writing, the periodic deduction from the employee's salary or wages paid for employment by the State of a designated lump sum to be paid to satisfy the employee's pledge to the State Employees Combined Campaign. (i) Payroll Deduction for Public School and Community College Employees' Contributions to Charitable Organizations Allowed. - Subject to rules adopted by the State Controller, an employee of a local board of education or community college may authorize, in writing, the periodic deduction from the employee's salary or wages paid for employment by the board of education or community college of a designated lump sum to be contributed to a qualified charitable organization that has first been approved by the employee's board of education or community college board. (j) Payroll Deduction for University of North Carolina System Employees' Contributions to Certain Charitable Organizations Allowed. - Subject to rules adopted by the State Controller, if a constituent institution of The University of North Carolina approves a payroll deduction plan under this subsection, an employee of the constituent institution may authorize, in writing, the periodic deduction from the employee's salary or wages paid for employment by the constituent institution of a designated lump sum to be contributed to a qualified charitable organization that exists to support athletic or charitable programs of the constituent institution and that has first been approved by the President of The University of North Carolina as existing to support athletic or charitable programs. If a payroll deduction plan under this subsection results in additional costs to a constituent institution, these costs shall be paid by the qualified charitable organizations receiving contributions under the plan. (k) Payroll Deduction for University of North Carolina System Employees to Pay for Discretionary Privileges of University Service. - Subject to rules adopted by the State Controller, if a constituent institution of The University of North Carolina approves a payroll deduction plan under this subsection, an employee of the constituent institution may authorize, in writing, the periodic deduction from the employee's salary or wages paid for employment by the constituent institution, of one or more designated lump sums to be applied to the cost of corresponding discretionary privileges available at employee expense from the employing institution. Discretionary privileges from the employing institution that may be paid for through this subsection include parking privileges, athletic passes, use of recreational facilities, admission to campus concert series, and access to other institutionally hosted or provided entertainments, events, and facilities. (l) Payments from Commercial Fund. - This section does not apply to an assignment of any claim for payment or reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund established by G.S. 143-215.94B. (m) Assignment of Funds Allocated by the State Board of Education to Charter Schools. - This section does not apply to assignments by charter schools to obtain funds for facilities, equipment, or operations pursuant to G.S. 115C-218.105.  (2006-66, s. 6.19(a), (b); 2006-203, s. 9; 2006-221, s. 3A; 2006-259, s. 40(a), (b); 2006-264, s. 67(b); 2012-1, s. 1; 2013-355, s. 4; 2014-100, s. 7; 2014-115, ss. 62(a), 62(b); 2025-25, s. 21(f); 2025-83, s. 8.)

G.S. 143B-426.40G Issuance of warrants upon State Treasurer; delivery of warrants and disbursements for non-State entities.

§ 143B-426.40G.  Issuance of warrants upon State Treasurer; delivery of warrants and disbursements for non-State entities. (a) The State Controller shall have the exclusive responsibility for the issuance of all warrants for the payment of money upon the State Treasurer. All warrants upon the State Treasurer shall be signed by the State Controller, who before issuing them shall determine the legality of payment and the correctness of the accounts. All warrants issued for non-State entities shall be delivered by the appropriate agency to the entity's legally designated recipient by United States mail or its equivalent, including electronic funds transfer. When the State Controller finds it expedient to do so because of a State agency's size and location, the State Controller may authorize a State agency to make expenditures through a disbursing account with the State Treasurer. The State Controller shall authorize the Judicial Department and the General Assembly to make expenditures through such disbursing accounts. All disbursements made to non-State entities shall be delivered by the appropriate agency to the entity's legally designated recipient by United States mail or its equivalent, including electronic funds transfer. All deposits in these disbursing accounts shall be by the State Controller's warrant. A copy of each voucher making withdrawals from these disbursing accounts and any supporting data required by the State Controller shall be forwarded to the Office of the State Controller monthly or as otherwise required by the State Controller. Supporting data for a voucher making a withdrawal from one of these disbursing accounts to meet a payroll shall include the amount of the payroll and the employees whose compensation is part of the payroll. A central payroll unit operating under the Office of the State Controller may make deposits and withdrawals directly to and from a disbursing account. The disbursing account shall constitute a revolving fund for servicing payrolls passed through the central payroll unit. The State Controller may use a facsimile signature machine in affixing his signature to warrants. (b) The State Treasurer may impose on an agency with non-State funds a fee of fifteen dollars ($15.00) for each check drawn against the agency's disbursing account that causes the balance in the account to be in overdraft or while the account is in overdraft. The financial officer shall pay the fee from the agency's non-State funds to the General Fund to the credit of the miscellaneous nontax revenue account by the agency. (2006-66, s. 6.19(a); 2006-203, s. 9; 2006-221, s. 3A; 2006-259, s. 40(a); 2017-129, s. 8(a).)

G.S. 143B-426.40H Annual financial information.

§ 143B-426.40H.  Annual financial information. Every fiscal year, all State agencies and component units of the State, as defined by generally accepted accounting principles, shall prepare annual financial information on all funds administered by them no later than 60 days after the end of the State's fiscal year then ended in accordance with generally accepted accounting principles as described in authoritative pronouncements and interpreted or prescribed by the State Controller, and in the form and time frame required by the State Controller. The State Controller shall publish guidelines specifying the procedures to implement the necessary records, procedures, and accounting systems to reflect these statements on the proper basis of accounting. Accordingly, the State Controller shall combine the financial information for the various agencies into a Comprehensive Annual Financial Report for the State of North Carolina in accordance with generally accepted accounting principles. These statements, along with the opinion of the State Auditor, shall be published as the official financial statements of the State and shall be distributed to the Governor, the Office of State Budget and Management, members of the General Assembly, heads of departments, agencies, and institutions of the State, and other interested parties. The State Controller shall notify the Director of the Budget of any State agencies and component units of the State, as defined by generally accepted accounting principles, that have not complied fully with the requirements of this section within the specified time, and the Director of the Budget shall employ whatever means necessary, including the withholding of allotments, to ensure immediate corrective actions. (2006-66, s. 6.19(a); 2006-203, s. 9; 2006-221, s. 3A; 2006-259, s. 40(a).)

G.S. 143B-426.41 Repealed by Session Laws 2011-266, s. 1.24, effective July 1, 2011.

G.S. 143B-426.50 Expired pursuant to Session Laws 2013-360, s. 6.18(g), as amended by Session Laws 2014-100, s. 6.13(e), effective June 30, 2015.

G.S. 143B-426.51 Expired pursuant to Session Laws 2013-360, s. 6.18(g), as amended by Session Laws 2014-100, s. 6.13(e), effective June 30, 2015.

G.S. 143B-426.52 Expired pursuant to Session Laws 2013-360, s. 6.18(g), as amended by Session Laws 2014-100, s. 6.13(e), effective June 30, 2015.

G.S. 143B-426.53 Expired pursuant to Session Laws 2013-360, s. 6.18(g), as amended by Session Laws 2014-100, s. 6.13(e), effective June 30, 2015.

G.S. 143B-426.54 Expired pursuant to Session Laws 2013-360, s. 6.18(g), as amended by Session Laws 2014-100, s. 6.13(e), effective June 30, 2015.

G.S. 143B-426.55 Expired pursuant to Session Laws 2013-360, s. 6.18(g), as amended by Session Laws 2014-100, s. 6.13(e), effective June 30, 2015.

G.S. 143B-426.56 Expired pursuant to Session Laws 2013-360, s. 6.18(g), as amended by Session Laws 2014-100, s. 6.13(e), effective June 30, 2015.

G.S. 143B-426.57 Expired pursuant to Session Laws 2013-360, s. 6.18(g), as amended by Session Laws 2014-100, s. 6.13(e), effective June 30, 2015.

Source: North Carolina General Assembly (ncleg.gov)URL: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_143B.htmlFetched: 10/19/2026

Starting a business in North Carolina? North Carolina LLC guide: costs and requirements