AN ACT TO MODIFY CERTAIN PROVISIONS CONCERNING THE ECONOMIC DEVELOPMENT PARTNERSHIP OF NORTH CAROLINA. SL 2019-50. Enacted June 26, 2019. Effective June 26, 2019.
Summary date: Jun 26 2019 - More information
Summary date: Apr 18 2019 - More information
Senate committee substitute to the 1st edition makes the following changes.
Further amends GS 143B-431.01(b) to allow the Department of Commerce (Department) to contract with a North Carolina nonprofit corporation regarding the administration of the State Trade and Export Promotion Program and the Manufacturing Extension Program (currently, prohibits contracting for the administration of funds or grants received from the federal government or its agencies).
Modifies and adds to the proposed changes to GS 143-431.01(d), which sets forth conditions which must be satisfied prior to the Department contracting with a nonprofit corporation and in order for the nonprofit to receive State funds. Adds to the NCGA committees to which the Department is required to submit a contract or amendment and explanation thereof 45 days prior to entering into or amending a contract under the statute. Concerning the nonprofit governing board requirements, as amended, deletes the proposed prohibition against the Secretary of Commerce engaging in fund-raising activities by or on behalf of the nonprofit corporation, and instead modifies subsection (i) to prohibit any State officer from soliciting funds for a nonprofit corporation which contracts with the Department under the statute (previously excepted the Secretary of Commerce).
Modifies the proposed changes to GS 143B-431.01(e)(10) to specify that the Department is required to provide notice of intent to renew the contract at least five months prior to the expiration of the remaining term of the contract, and a notice of intent to renew the contract for a subsequent renewal no less than one year prior to the expiration of the remaining term of the contract, including any term of extension. Eliminates the proposed mandate for the Department to renew a contract for which proper notice is given within 30 days. Makes conforming changes.
Eliminates the directive for the Department to report to the specified NCGA committee chairs by June 1, 2019.
Makes further technical and clarifying changes.
Summary date: Apr 2 2019 - More information
Amends GS 143B-431.01(b) to prohibit the Department of Commerce (Department) from contracting with a North Carolina nonprofit corporation regarding the administration of a site certification program. Specifies that the provision does not prohibit the contracting of responsibility for creating or maintaining a website with data on unutilized or underutilized properties in the state with potential commercial or industrial reuses.
Amends GS 143-431.01(d) (appears to intend GS 143B-431.01(d)), which sets forth conditions which must be satisfied prior to the Department contracting with a nonprofit corporation and in order for the nonprofit to receive State funds. Now requires the nonprofit to have a governing board consisting of 18 voting members rather than 17, to now include the Secretary of Commerce (Secretary) as an ex officio member. Prohibits the Secretary from engaging in fund-raising activities by or on behalf of the nonprofit. Eliminates the requirement for the governing board to quarterly and upon request report to the specified committee chair on the progress of the State's economic development. Makes conforming changes.
Amends GS 143B-431.01(e), which sets forth the mandatory contract terms for any contract entered into pursuant to the statute. Modifies subdivision (e)(10) to now require each contract to contain a provision limiting the term of renewal of the contract to no more than three years (previously, limited the term of the contract to five years and permitted one year extensions up to four times after at least four-fifths of the original contract terms had passed). Requires notice of intent to renew for the initial renewal be given no less than five months prior to the expiration of the remaining contract, with subsequent notice of intent to renew to be given at least one year prior to the expiration of the remaining term of the contract, including any extension. Mandates the Department to renew a contract for which proper notice is given within 30 days. Now prohibits a contract extension from extending the remaining term of the contract to more than four years (was, two years). Eliminates the clarification that the provision does not prohibit entering into a new contract with the nonprofit. Effective January 1, 2020, further amends subdivision (e)(10) to require a contract entered into under the statute to be on a calendar-year basis.
Directs the Department to report to the specified NCGA committee chairs by June 1, 2019, on any changes or intended changes to the scope of the contract for the performance of certain functions pursuant to GS 143B-431.01, as amended, from that which is specified in the contract in effect as of January 1, 2019.
Amends GS 143B-431.01(e)(14) to require contracts entered into pursuant to the statute to contain a provision allowing the nonprofit to receive funds from fund-raising efforts and sources other than State funds (previously, the required provision mandated nonprofits fund-raise at least $5.75 million during the term of the contract to support operations and functions of the corporation, with at least $750,000 required to be raised during the first year of the contract term and at least $1.25 million to be raised in subsequent years of the contract term). Makes conforming changes.
Specifies that the initial term of renewal of an existing contract is limited to no more than three years plus the remainder of the calendar year in which the contract is renewed.
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