GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 3
SENATE BILL 808*
Corrected Copy
5/22/12
Third Edition Engrossed 6/4/12
Short Title: Changes to Commerce Reporting Requirements. |
(Public) |
|
Sponsors: |
Senators Brown (Primary Sponsor); Gunn, Hunt, Jackson, McKissick, Meredith, Newton, Rucho, Stein, Tillman, Tucker, and Vaughan. |
|
Referred to: |
Commerce. |
|
May 21, 2012
A BILL TO BE ENTITLED
AN ACT to modernize the requirements of the Comprehensive strategic economic development plan and to simplify and streamline other reporting requirements for the department of commerce.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143B-434.01 reads as rewritten:
"§ 143B-434.01. Comprehensive Strategic Economic Development Plan.
…
(e) Environmental
Scan. - The first step in developing the Plan shall be to develop an
environmental scan based on the input from economic development parties and the
public and on information about the economic environment in North Carolina. To
prepare the scan, the Board shall gather the following information.
Thereafter, the information shall be updated periodically. information
and ensure that the information is updated periodically. The updated
information may be provided in whatever format and through whatever means is
most efficient.
…
(f) Needs
Assessment. - The Board, using data from the public input sessions and the
environmental scan, shall prepare an assessment of economic development
strengths, weaknesses, threats, and opportunities within the State by Region
and by county. An assessment shall also be conducted of each county to
determine distressed areas existing within the county. The assessment will
include the identification of key development issues within each geographic area
and options available to address each issue.
…
(k) Annual Report.
Evaluation. - The Plan shall contain a section devoted to
measuring results, to be called "An Annual Report on Economic Development
for the State of North Carolina". The Annual Report shall contain a
comparison of actual results with The Board shall annually evaluate the
State's economic performance based upon the statistics listed in this
subsection and upon the Board's stated goals and objectives in its Plan.
and significant and meaningful statistics to allow policymakers to
adjust strategy and tactics as necessary to achieve the formulated goals.
The statistics upon which the evaluation is made should be available to
policymakers. The information may be provided in whatever format and through
whatever means is most efficient.
The Annual Report shall break down data by Regions and
counties including:
…
(9) An
evaluation of the State's economic performance as indicated by the above
statistics with the goals and objectives outlined in the Plan.
(l)
Accountability. - The Board shall make all data, plans, and reports available
to the General Assembly andAssembly, the Joint Legislative
Commission on Governmental Operations Operations, and the Joint
Legislative Economic Development and Global Engagement Oversight Committee at
appropriate times and upon request. The Board shall prepare and make available
on an annual basis public reports on each of the major sections of the Plan and
the Annual Report indicating the degree of success in attaining each
development objective."
SECTION 2. G.S. 143B-435.1 reads as rewritten:
"§ 143B-435.1. Clawbacks.
…
(d) Report. - The
By April 1 and October 1 of each year, the Department of Commerce
shall report to the Revenue Laws Study Committee by April 1 and October 1 of
each year Committee, the Joint Legislative Commission on Governmental
Operations, and the Fiscal Research Division on (i) all clawbacks
that have been triggered under programs it administers the One North
Carolina Fund established pursuant to G.S. 143B-437.71, the Job
Development Investment Grant Program established pursuant to G.S. 143B-437.52,
Job Maintenance and Capital Development Fund established pursuant to
G.S. 143B-437.012, the Industrial Development Fund and Utility Account
established pursuant to G.S. 143B-437.01, and the Site Infrastructure Fund
established pursuant to G.S. 143B-437.02 and (ii) its progress
on obtaining repayments. The report must include the name of each business, the
event that triggered the clawback, and the amount forfeited or to be
repaid."
SECTION 3. G.S. 143B-437.01(c) and (c1) are repealed.
SECTION 4. G.S. 143B-437.07 reads as rewritten:
"§ 143B-437.07. Economic development grant reporting.
(a) Report. - The
Department of Commerce must publish on or before March October 1
of each year the information required by this subsection, itemized by business
entity, for each business or joint private venture to which the State has, in
whole or in part, granted one or more economic development incentives during
the previous five calendar years. The Department must provide the General
Assembly with updated supplemental information consistent with this subsection
on a quarterly basis in the form and manner requested by the General Assembly.
fiscal year. The information in the report must include all of the
following:
…
(2) The date of the award and the date of the award agreement.
…
(b) Online Posting.Posting/Written
Submission. - The Department of Commerce must post on its Internet Web site
a summary of the report compiled in subsection (a) of this section. The summary
report must include the information required by subdivisions (2), (9), (11),
and (12) of subsection (a) of this section. By October 1 of each year, the
Department of Commerce must submit the written report required by subsection
(a) of this section to the Joint Legislative Commission on Governmental
Operations, the Joint Legislative Economic Development and Global Engagement
Oversight Committee, the Revenue Laws Study Committee, and the Fiscal Research
Division of the General Assembly.
(c) Economic
Development Incentive. - An economic development incentive includes any grant program
administered by the Department of Commerce that disburses or awards monies to
businesses. Examples of these grant programs include the from the
following programs: Job Development Investment Grant Program,Programs;
the Job Maintenance and Capital Development Fund,Fund; One North
Carolina Fund,Fund; and the Industrial Development Fund,
including the Utility Account. The State also incents economic development
through the use of tax expenditures in the form of tax credits and refunds. The
Department of Revenue must report annually on these statutory economic
development incentives, as required under G.S. 105-256."
SECTION 5. G.S. 143B-437.08 reads as rewritten:
"§ 143B-437.08. Development tier designation.
…
(k) Report. - By November 30 of each year, the Secretary of Commerce shall submit a written report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on the tier rankings required by subsection (c) of this section, including a map of the State whereupon the tier ranking of each county is designated."
SECTION 6. G.S. 143B-437.55(d) is repealed.
SECTION 7. This act is effective when it becomes law.