NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 864

HOUSE BILL 863

 

 

AN ACT TO REORGANIZE STATE GOVERNMENT.

 

The General Assembly of North Carolina enacts:

 

Organization

Section 1.  (1) Short title. — This act shall be known and may be cited as the "Executive Organization Act of 1971."

(2)        Head of department; defined. — Whenever the term "Head of the Department" is used it shall mean the head of one of the principal departments created by this act.

(3)        Agency; defined. — Whenever the term "Agency" is used it shall mean and include, as the context may require, an existing department, institution, commission, committee, board, division, bureau, officer or official.

(4)        Policy making authority and administrative powers of Governor; delegation. — The Governor, in accordance with Article III of the Constitution of North Carolina, shall be the Chief Executive Officer of the State. Subject to the Constitution and laws of this State, the Governor shall be responsible for formulating and administering the policies of the executive branch of the State government. Where a conflict arises in connection with the administration of the policies of the executive branch of the State government with respect to the reorganization of State government, such conflict shall be resolved by the Governor, and the decision of the Governor shall be final.

(5)        Office of the Lieutenant Governor. — The Lieutenant Governor shall maintain an office in a State building in the City of Raleigh which office shall be open during normal working hours throughout the year. The Lieutenant Governor shall serve as President of the Senate and perform such additional duties as the Governor or General Assembly may assign to him. This subsection shall become effective January 1, 1973.

(6)        Types of transfers. — (a) Under this act, a Type I transfer means the transferring of all or part of an existing agency to a principal department established by this act. When all or part of any agency is transferred to a principal department under a Type I transfer, its statutory authority, powers, duties, and functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and purchasing, are transferred to the principal department.

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

(b)        Under this act, a Type II transfer means the transferring intact of an existing agency, or part thereof, to a principal department established by this act. When any agency, or part thereof, is transferred to a principal department under a Type II transfer, that agency, or part thereof, shall be administered under the direction and supervision of that principal department, but shall exercise all its prescribed statutory powers independently of the head of the principal department, except that under a Type II transfer the management functions of any transferred agency, or part thereof, shall be performed under the direction and supervision of the head of the principal department.

(c)        Whenever the term "management functions" is used it shall mean planning, organizing, staffing, directing, coordinating, reporting and budgeting.

(7)        Agencies not enumerated; continuation. — Any existing department, institution, board or commission not enumerated in this act but established or created by the General Assembly shall continue to exercise all its powers, duties and functions.

(8)        Internal organization of departments; allocation and reallocation of duties and functions; limitations. — The Governor shall cause the administrative organization of each department to be examined with a view to promoting economy and efficiency.

The Governor may reorganize and organize the principal departments and assign and reassign the duties and functions among the divisions and other units, division heads, officers, and employees; except as otherwise expressly provided by statute.

When such changes affect existing law they must be submitted in accordance with Article III, Section 5 of the Constitution. The head of a principal department shall have legal custody of all books, papers, documents and other records of the department. The head of a principal department shall be responsible for the preparation and presentation of the department budget request which shall include all funds requested and all receipts expected for all elements of the department.

(9)        Appointment of officers and employees. — Any provisions of law to the contrary notwithstanding, and subject to the provisions of the Constitution of the State of North Carolina, the head of a principal department, except those departments headed by elected officials who are constitutional officers, shall be appointed by the Governor and serve at his pleasure. The salary of the head of each of the principal departments, except in those departments headed by elected officials who are constitutional officers, shall be set by the Advisory Budget Commission on the recommendation of the Governor. Salaries for these positions shall be filed with the General Assembly pursuant to G.S. 143‑34.3 commencing with the 1973 General Assembly.

The head of a principal department shall appoint the Chief Deputy or Chief Assistant and such Chief Deputy or Chief Assistant shall be subject to the State Personnel Act. Except where appointment by the Governor is prescribed by existing statute, the head of the principal department shall appoint the administrative head of each transferred agency and, subject to the provisions of the State Personnel Act, appoint all employees of each division, section or other unit under a principal department. In establishing the position of Secretary, and the supporting staff for the principal departments, the cost of such staff positions will be met insofar as possible by utilizing existing positions or funds available from vacant positions within agencies assigned to the principal departments.

(10)      Governor; continuation of powers and duties. — All powers, duties and functions vested by law in the Governor or in the Office of Governor are continued, except as otherwise provided by this act.

The immediate staff of the Governor shall not be subject to the State Personnel Act; however, salaries for these positions shall be filed with the General Assembly pursuant to G.S. 143-34.3 commencing with the 1973 General Assembly.

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

(1)        Office of the Governor

(2)        Office of the Lieutenant Governor

(3)        Department of the Secretary of State

(4)        Department of State Auditor

(5)        Department of State Treasurer

(6)        Department of Public Education

(7)        Department of Justice

(8)        Department of Agriculture

(9)        Department of Labor

(10)      Department of Insurance

(11)      Department of Administration

(12)      Department of Transportation and Highway Safety

(13)      Department of Natural and Economic Resources.

(14)      Department of Human Resources

(15)      Department of Social Rehabilitation and Control

(16)      Department of Commerce

(17)      Department of Revenue

(18)      Department of Art, Culture and History.

(19)      Department of Military and Veterans' Affairs

Sec. 2.  Office of the Governor; creation. — There is hereby created an Office of the Governor.

Sec. 3.  Office of the Lieutenant Governor; creation. — There is hereby created an Office of the Lieutenant Governor.

Department of the Secretary of State

Sec. 4.  (1) Department of the Secretary of State; creation. — There is hereby created a Department of the Secretary of State.

(2)        Head of Department. — The Head of the Department of the Secretary of State is the Secretary of State.

(3)        Secretary of State; transfer of powers and duties to Secretary. — The Secretary of State shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

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

(5)        The State Board of Elections; transfer. — The State Board of Elections, as contained in Article 3 of Chapter 163 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of the Secretary of State.

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

 

Department of State Auditor

Sec. 5.  (1) Department of State Auditor; creation. — There is hereby created a Department of State Auditor.

(2)        Head of Department. — The head of the Department of the State Auditor is the State Auditor.

(3)        State Auditor; transfer of powers and duties to State Auditor. — The State Auditor shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

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

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

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

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

 

Department of State Treasurer

Sec. 6.  (1) Department of State Treasurer; creation. — There is hereby created a Department of State Treasurer.

(2)        Head of Department. — The head of the Department of State Treasurer is the State Treasurer.

(3)        State Treasurer; transfer of powers and duties to State Treasurer. — The State Treasurer shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

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

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

(6)        Teachers' and State Employees' Retirement System; transfer. — The Teachers' and State Employees' Retirement System, and the Board of Trustees, as contained in Article 1 of Chapter 135 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of State Treasurer.

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

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

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

(10)      The Tax Review Board; transfer. — The Tax Review Board, as created by G.S. 105-269.2 of the General Statutes and the laws of this State, is transferred by a Type II transfer to the Department of State Treasurer.

 

Department of Public Education

Sec. 7.  (1) Department of Public Education; creation. — There is hereby created a Department of Public Education.

(2)        Head of Department. — Head of the Department of Public Education is the State Board of Education. Any provision of Section 1, Subsection (9) of this act to the contrary notwithstanding, the appointment of the State Board of Education shall be as prescribed in Article IV, Section 4(1) of the Constitution.

(3)        State Board of Education; transfer of powers and duties to State Board. — The State Board of Education shall have such powers and duties as are conferred on the Board by Section 1 of this act, delegated to the Board by the Governor and conferred by the Constitution and laws of this State.

(4)        State Board of Education; transfer of powers and duties to Department. — Except as otherwise provided in the Constitution or in this act, all powers, duties and functions vested by law in the State Board of Education are transferred by a Type I transfer to the Department of Public Education.

(5)        Superintendent of Public Instruction; creation; transfer of powers and duties. — The office of the Superintendent of Public Instruction, as provided for by Article III, Section 7, of the Constitution, and the Department of Public Instruction are hereby transferred to the Department of Public Education. The Superintendent of Public Instruction shall be the Secretary and Chief Administrative Officer of the State Board of Education, and shall have such powers and duties as are conferred by the Constitution, by the State Board of Education, Chapter 115 of the General Statutes, and the laws of this State.

(6)        Department of Community Colleges; transfer. — The Department of Community Colleges, as contained in Article 115A of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Public Education.

(7)        North Carolina Vocational Textile School; transfer. — The North Carolina Vocational Textile School, and Board of Trustees, as contained in Article 6 of Chapter 1 15A of the General Statutes and the laws of this State, are hereby transferred by a Type II transfer to the Department of Public Education.

(8)        Interstate Compact for Education; transfer. — All of the rights, duties and privileges of this State obtained as a party to the Interstate Compact for Education as contained in Article 43 of Chapter 115 of the General Statutes and the laws of this State, shall be supervised and administered by the Superintendent of Public Instruction.

(9)        North Carolina Advancement School; transfer. — The North Carolina Advancement School, as contained in Article 44 of Chapter 115 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Public Education.

(10)      Interstate Agreement on Qualifications of Educational Personnel. — All the rights, duties and privileges of this State obtained as a party to the Interstate Agreement on Qualifications of Educational Personnel as contained in Article 17A of Chapter 115 of the General Statutes and the laws of this State shall be supervised and administered by the Superintendent of Public Instruction.

(11)      Textbook Commission; transfer. — The Textbook Commission, as created by G.S. 115-206.3 and the laws of this State, is hereby transferred by a Type I transfer to the Department of Public Education.

 

Department of Justice

Sec. 8.  (1) Department of Justice; creation. — There is hereby created a Department of Justice.

(2)        Head of Department. — The head of the Department of Justice is the Attorney General.

(3)        Attorney General; transfer of powers and duties to Attorney General. — The Attorney General shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

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

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

(6)        Fire Investigators; transfer.— The duties of the Commissioner of Insurance with respect to the investigation of all fires, including forest fires, as contained in Article 1 of Chapter 69 of the General Statutes and the laws of this State, are hereby transferred by a Type I transfer to the Department of Justice; provided, however, that the duties of the Commissioner of Insurance with respect to the inspection of buildings, the removal of dangerous materials therefrom, hospital insurance, insurance regulation, and the preparation of annual reports, as contained in Chapters 57 and 58 of the General Statutes and G.S. 69-4 and G.S. 69-6, shall continue to be among the duties of the Commissioner of Insurance.

(7)        General Statutes Commission; transfer. — The General Statutes Commission as contained in Article 2 of Chapter 164 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Justice.

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

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

 

Department of Agriculture

Sec. 9.  (1) Department of Agriculture; creation. — There is hereby created a Department of Agriculture.

(2)        Head of Department. — The head of the Department of Agriculture is the Commissioner of Agriculture.

(3)        Commissioner of Agriculture; transfer of powers and duties to Commissioner. — The Commissioner of Agriculture shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

(4)        Commissioner of Agriculture; transfer of powers and duties to Department. — Except as otherwise provided in the Constitution or in this act, all powers, duties and functions vested by law in the Commissioner of Agriculture are transferred by a Type I transfer to the Department of Agriculture.

(5)        Board of Agriculture; transfer. — The Board of Agriculture, as contained in Article I of Chapter 106 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Agriculture.

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

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

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

(9)        North Carolina Rural Rehabilitation Corporation; transfer. — The North Carolina Rural Rehabilitation Corporation, and Board of Directors, as contained in Chapter 137 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Agriculture.

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

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

(12)      State Museum; transfer. — The State Museum of Natural History, as contained in G.S. 106-22 and the laws of this State, and the Museum of Natural History Advisory Commission, as contained in Article 40, Chapter 143 of the General Statutes and the laws of this State, are hereby transferred by a Type I transfer to the Department of Agriculture.

 

Department of Labor

Sec. 10.  (1) Department of Labor; creation. — There is hereby created a Department of Labor.

(2)        Head of Department. — The head of the Department of Labor is the Commissioner of Labor.

(3)        Commissioner of Labor; transfer of powers and duties to Commissioner. —The Commissioner of Labor shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

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

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

(6)        The Apprenticeship Council; transfer —The Apprenticeship Council, as contained in Chapter 94 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Labor.

(7)        Voluntary arbitration of labor disputes; appointment of arbitrator or panel; Commissioner of Labor; transfer.— All of the powers, duties and functions of the Commissioner of Labor under Article 4A of Chapter 95 of the General Statutes and the laws of this State, are transferred by a Type I transfer to the Department of Labor.

 

Department of Insurance

Sec. 11.  (1) Department of Insurance; creation. — There is hereby created a Department of Insurance.

(2)        Head of Department. — The head of the Department of Insurance is the Commissioner of Insurance.

(3)        Commissioner of Insurance; transfer of powers and duties to Commissioner. — The Commissioner of Insurance shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

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

(5)        Insurance Advisory Board; transfer. — The Insurance Advisory Board, as contained in Article 2 of Chapter 58 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Insurance.

(6)        Health Insurance Advisory Board; transfer. — The Health Insurance Advisory Board, as contained in Article 27A of Chapter 58 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Insurance.

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

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

 

Department of Administration

Sec. 12.  (1) Department of Administration; creation. — There is hereby created a Department of Administration.

(2)        Head of Department. — The head of the Department of Administration is the Secretary of the Department of Administration.

(3)        Secretary of the Department of Administration; transfer of powers and duties to Secretary. — The Secretary of the Department of Administration shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

(4)        Secretary of the Department of Administration; transfer of powers and duties to Department. — Except as otherwise provided in the Constitution or in this act, all powers, duties and functions vested in the Department of Administration or in the Director of Administration under Chapter 129 and Articles 3, 3A and 36 of Chapter 143 of the General Statutes and the laws of this State, are hereby transferred by a Type I transfer to the Department of Administration.

(5)        Systems Management Division; transfer. — The Systems Management Division, as created by Executive Order No. 2, March 25, 1969, is transferred by a Type I transfer to the Department of Administration.

(6)        State Personnel Department; State Personnel Board; powers, duties and functions; transfer. — All the powers, duties and functions of the State Personnel Department and the State Personnel Board, as provided in Chapter 126 of the General Statutes and the laws of this State, are transferred by a Type II transfer to the Department of Administration.

(7)        North Carolina Housing Corporation; transfer. — The North Carolina Housing Corporation, as contained in Chapter 122A of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Administration.

(8)        North Carolina Capitol Building Authority; transfer. — The North Carolina Capitol Building Authority, as contained in Article 7 of Chapter 129 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Administration.

(9)        North Carolina Capitol Planning Commission; transfer. — The North Carolina Capitol Planning Commission, as contained in Article 6 of Chapter 129 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Administration.

(10)      Youth Councils Act; Youth Advisory Board; State Youth Council; powers, duties and functions; transfer. — All of the powers, duties and functions of the Youth Advisory Board and the State Youth Council under Article 29C of Chapter 143 of the General Statutes and the laws of this State, are transferred by a Type I transfer to the Department of Administration.

(11)      North Carolina Zoological Authority; transfer. — The North Carolina Zoological Authority, and Board of Directors, as contained in Article 14 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Administration.

(12)      North Carolina Good Neighbor Council; transfer .-The North Carolina Good Neighbor Council, and Advisory Committee, as contained in Article 49 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Administration.

(13)      North Carolina Commission on Interstate Cooperation; transfer. — The North Carolina Commission on Interstate Cooperation, as contained in Article 15 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Administration.

(14)      State Construction Finance Authority; transfer. — The State Construction Finance Authority, as contained in Article 8 of Chapter 129 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Administration.

(15)      Marine Science Council; transfer. — The Marine Science Council, as created and provided for in Senate Joint Resolution 799, 1969 Session Laws, is hereby transferred by a Type I transfer to the Department of Administration.

(16)      Coordinating Committee of North Carolina State University and the State Department of Agriculture; transfer. — The Coordinating Committee of North Carolina State University at Raleigh and the State Department of Agriculture, as created and contained in G.S. 116-35, G.S. 116-36, G.S. 116-37, and the laws of this State, is hereby transferred by a Type I transfer to the Department of Administration.

(17)      Southern Interstate Nuclear Compact; transfer. — The Southern Interstate Nuclear Compact, as codified in Chapter 104D of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Administration.

(18)      The Commission on the Education and Employment of Women; transfer. — The Commission on the Education and Employment of Women, as contained in Article 50 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Administration.

 

Department of Transportation and Highway Safety

Sec. 13.  (1) Department of Transportation and Highway Safety; creation. — There is hereby created a Department of Transportation and Highway Safety.

(2)        Head of Department. — The head of the Department of Transportation and Highway Safety is the Secretary of Transportation and Highway Safety.

(3)        Secretary of Transportation and Highway Safety; powers and duties. — The Secretary of the Department of Transportation and Highway Safety shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

(4)        State Highway Commission; transfer. — The State Highway Commission, as contained in Chapter 136 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Transportation and Highway Safety.

(5)        Department of Motor Vehicles; transfer. — The Department of Motor Vehicles, as contained in Chapter 20 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Transportation and Highway Safety.

(6)        Governor's Highway Safety Program; transfer. — The Governor's Highway Safety Program, as established under authority of G.S. 147-12(10) and the laws of this State, is hereby transferred by a Type I transfer to the Department of Transportation and Highway Safety.

(7)        North Carolina Traffic Safety Authority; transfer; chairman. — The North Carolina Traffic Safety Authority, as contained in Article 44 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Transportation and Highway Safety. The Chairman of the Authority shall be the Secretary of Transportation and Highway Safety. The Governor shall no longer be a member of the Authority.

(8)        Board of Commissioners of Navigation and Pilotage for the Cape Fear River; transfer. — The Board of Commissioners of Navigation and Pilotage for the Cape Fear River, as contained in Article 1 of Chapter 76 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Transportation and Highway Safety.

(9)        Governor's Aviation Committee; transfer. — The Governor's Aviation Committee, as contained in G.S. 113-28.6(8) and the laws of this State, is hereby transferred by a Type I transfer to the Department of Transportation and Highway Safety.

(10)      North Carolina Railroad Directors; transfer. — The Directors of the North Carolina Railroad, appointed by the Governor under authority of G.S. 147-12(7), Chapter 82 of the Laws of the State of North Carolina of 1849, and the laws of this State, are hereby transferred by a Type II transfer to the Department of Transportation and Highway Safety.

(11)      Atlantic and North Carolina Railroad Company; transfer. — The Directors of the Atlantic and North Carolina Railroad Company, as contained in Chapter 136 of the Laws of North Carolina of the Session of 1852, and the laws of this State, are hereby transferred by a Type II transfer to the Department of Transportation and Highway Safety.

(12)      State Ports Authority; transfer. — The North Carolina State Ports Authority, as codified in Article 22 of Chapter 143 of the General Statutes and the laws of North Carolina, is hereby transferred by a Type II transfer to the Department of Transportation and Highway Safety.

(13)      Vehicle Equipment Safety Compact; transfer. — The Vehicle Equipment Safety Compact, as contained in Article 3C of Chapter 20 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Motor Vehicles in the Department of Transportation and Highway Safety.

 

Department of Natural and Economic Resources

Sec. 14.  (1) Department of Natural and Economic Resources; creation. — There is hereby created a Department of Natural and Ecomonic Resources.

(2)        Head of 'Department. — The head of the department of Natural and Economic Resources is the Secretary of the Department of Natural and Economic Resources.

(3)        Secretary of Natural and Economic Resources; powers and duties. — The Secretary of the Department of Natural and Economic Resources shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

(4)        Geodetic Survey Division; transfer. — The Geodetic Survey Division as codified in Chapter 102 of the General Statutes and the laws of this State, is transferred by a Type I transfer to the Department of Natural and Economic Resources.

(5)        North Carolina Board of Science and Technology; transfer. — The North Carolina Board of Science and Technology, as codified in Article 42 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Natural and Economic Resources.

(6)        North Carolina Forestry Advisory Committee; transfer. — The North Carolina Forestry Advisory Committee, as contained in Article 2A of Chapter 113 of the General Statutes" and the laws of this State, is hereby transferred by a Type I transfer to the Department of Natural and Economic Resources.

(7)        Mining Council; transfer. — The Mining Council, as contained in Chapter 74 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Natural and Economic Resources.

(8)        Commercial and Sports Fisheries Advisory Board; transfer. — The Commercial and Sports Fisheries Advisory Board, as contained in Article 18, Chapter 113 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Natural and Economic Resources.

(9)        North Carolina National Park, Parkway and Forests Development Commission; transfer. — The North Carolina National Park, Parkway and Forests Development Commission, as contained in Article 25 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Natural and Economic Resources.

(10)      Department and Board of Conservation and Development; transfer. — The Department of Conservation and Development and the Board of Conservation and Development, both as contained in Chapter 113 of the General Statutes and laws of this State, are hereby transferred by a Type II transfer to the Department of Natural and Economic Resources.

(11)      Wildlife Resources Commission; transfer. — The Wildlife Resources Commission, as contained in Chapters 75A, 113 and 143 of the General Statutes and the laws of this State, is hereby transferred to the Department of Natural and Economic Resources. The Wildlife Resources Commission shall exercise all its prescribed statutory powers independently of the Secretary of Natural and Economic Resources and, other provisions of this act notwithstanding, shall be subject to the direction and supervision of the Secretary only with respect to the management functions of coordinating and reporting. Any other provisions of this act to the contrary notwithstanding, the Executive Director of the Wildlife Resources Commission shall be appointed by the Commission, and the employees of the Commission shall be employed as now provided in G.S. 143-246 and the laws of this State.

(12)      Department of Water and Air Resources; transfer. — The Department of Water and Air Resources, as contained in Article 21 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Natural and Economic Resources.

(13)      Board of Water and Air Resources; transfer. — The Board of Water and Air Resources, as contained in G.S. 143-214 and the laws of this State, is hereby transferred by a Type II transfer to the Department of Natural and Economic Resources.

(14)      Water Control Advisory Council and Air Control Advisory Council; transfer. — The Water Control Advisory Council and the Air Control Advisory Council, both as contained in G.S. 143-214(j) and the laws of this State, are hereby transferred by a Type II transfer to the Department of Natural and Economic Resources.

(15)      John H. Kerr Reservoir Development Commission; transfer. — The John H. Kerr Reservoir Development Commission, as contained in Article 30 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Natural and Economic Resources.

(16)      Lockhard Gaddy Wild Goose Refuge Commission; transfer. — The Lockhard Gaddy Wild Goose Refuge Commission, as contained in Chapter 1171 of the 1953 Session Laws and the laws of this State, is hereby transferred by a Type II transfer to the Department of Natural and Economic Resources.

(17)      State Soil and Water Conservation Committee; transfer. — The State Soil and Water Conservation Committee, as contained in Article 1 of Chapter 139 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Natural and Economic Resources.

(18)      North Carolina Water Safety Committee; transfer. — The North Carolina Water Safety Committee, as contained in Article 2 of Chapter 75A of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Natural and Economic Resources.

(19)      Atlantic States Marine Fisheries Compact; transfer. — All the powers, duties and functions of the Governor and the Director of the Department of Conservation and Development under Article 19 of Chapter 113 of the General Statutes and the laws of this State with respect to the Atlantic States Marine Fisheries Compact, are hereby transferred by a Type I transfer to the Department of Natural and Economic Resources.

(20)      Interstate Mining Compact; transfer. — All the powers, duties and functions of the Governor under Article 5 of Chapter 74 of the General Statutes and the laws of this State with respect to the Interstate Mining Compact are hereby transferred to the Department of Natural and Economic Resources.

(21a)    Department of Local Affairs; transfer. — The Department of Local Affairs as contained in Article 34 of Chapter 143 of the General Statutes is hereby transferred by a Type I transfer to the Department of Conservation and Development in the Department of Natural and Economic Resources.

(21b)    Committee on Recreation; Committee on Law and Order; Other Committees; transfer. — The Committee on Recreation and all other committees of the Department of Local Affairs, as contained in Article 34 of Chapter 143, except the Committee on Law and Order, shall continue to be committees of the Department but their duties and responsibilities shall be limited to developing and proposing policies, programs and activities in their respective areas.

The Committee on Law and Order shall be the State agency responsible for establishing policy, planning and carrying out the State's duties with respect to all grants to the State by the Law Enforcement Assistance Administration of the U.S. Department of Justice. In respect to such grants, the Committee shall have authority to review, approve and maintain general oversight of the State plan and its implementation, including subgrants and allocations to local units of government.

 

Department of Human Resources

Sec. 15.  (1) Department of Human Resources; creation. — There is hereby created a Department of Human Resources.

(2)        Head of the Department. — The head of the Department of Human Resources is the Secretary of Human Resources.

(3)        Secretary of Human Resources; powers and duties. — The Secretary of the Department of Human Resources shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

(4)        State Board of Health; transfer. — The State Board of Health, as contained in Article 2 of Chapter 130 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(5)        The Salt Marsh Mosquito Advisory Commission; transfer. — The Salt Marsh Mosquito Advisory Commission, as contained in Article 37 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Human Resources.

(6)        Office of Chief Medical Examiner; transfer. — The Office of Chief Medical Examiner, as contained in Article 21 of Chapter 130 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Human Resources.

(7)        State Department of Social Services; transfer. — The State Department of Social Services, as created by G.S. 108-5 and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(8)        State Board of Social Services; transfer. — The State Board of Social Services, as contained in Article 1 of Chapter 108 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(9)        Advisory Committee for Medical Assistance; transfer. — The Advisory Committee for Medical Assistance, as created by G.S. 108-61.1 and the laws of this State, is hereby transferred by a Type I transfer to the Department of Human Resources.

(10)      State Department of Mental Health; transfer. — The State Department of Mental Health, as contained in Article 1 of Chapter 122 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(11)      State Board of Mental Health; transfer. — The State Board of Mental Health, as created by G.S. 122-1.1 and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(12)      Medical Advisory Council to the State Board of Mental Health; transfer.— The Medical Advisory Council to the State Board of Mental Health, as contained in Article 11 of Chapter 35 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Human Resources.

(13)      Mental Health Council; transfer. — The Mental Health Council, as contained in Article 14 of Chapter 122 of the General Statutes and the laws of this State is hereby transferred by a Type I transfer to the Department of Human Resources.

(14)      Advisory Council on Alcoholism to the North Carolina Board of Mental Health; transfer. — The Advisory Council on Alcoholism to the North Carolina Board of Mental Health, as contained in Article 15 of Chapter 122 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Human Resources.

(15)      State Advisory Council to the North Carolina Medical Care Commission; transfer. — The State Advisory Council to the North Carolina Medical Care Commission, as authorized by G.S. 131-120 and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(16)      North Carolina State Commission for the Blind; transfer. — The North Carolina State Commission for the Blind, as contained in Article 1 of Chapter 111 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(17)      Blind Advisory Committee; Professional Advisory Committee; transfer. — The Blind Advisory Committee and the Professional Advisory Committee, as created by G.S. 111-34 and the laws of this State, are hereby transferred by a Type II transfer to the Department of Human Resources.

(18)      Vocational Rehabilitation Division; powers, duties and functions; transfer. — All of the powers, duties and functions of the State Board of Education relating to vocational rehabilitation as set forth in Article 30 of Chapter 115 of the General Statutes and the laws of this State, are hereby transferred by a Type I transfer to the Department of Human Resources.

(19)      Eugenics Board of North Carolina; transfer. — The Eugenics Board of North Carolina, as contained in Article 7 of Chapter 35 of the General Statutes, and as created by G.S. 35-40 and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(20)      The Governor Morehead School; transfer. — The Governor Morehead School, and Board of Directors, as contained in Article 40 of Chapter 115 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(21)      The North Carolina School for the Deaf; the Eastern North Carolina School for the Deaf; transfer. — The North Carolina School for the Deaf, located at Morganton, North Carolina, and the Eastern North Carolina School for the Deaf, located at Wilson, North Carolina, and Board of Directors, as contained in Article 41 of Chapter 115 of the General Statutes and the laws of this State, are hereby transferred by a Type II transfer to the Department of Human Resources.

(22)      North Carolina Orthopedic Hospital; transfer. — The North Carolina Orthopedic Hospital, and Board of Trustees, as contained in Article 1 of Chapter 131 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(23)      The North Carolina Cerebral Palsy Hospital; transfer. — The North Carolina Cerebral Palsy Hospital, and Board of Directors, as contained in Article 14 of Chapter 131 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(24)      North Carolina Sanatoriums for the Treatment of Tuberculosis; transfer. — All State-supported North Carolina Sanatoriums for the Treatment of Tuberculosis, as provided for in Articles 7, 8, 9, 10 and 11 of Chapter 131 of the General Statutes and the laws of this State, are hereby transferred by a Type II transfer to the Department of Human Resources.

(25)      Interstate Compact on Mental Health; rights, duties and privileges; transfer. — All of the fights, duties and privileges of this State obtained as a party to the Interstate Compact on Mental Health, as contained in Article 13 of Chapter 122 of the General Statutes and the laws of this State, shall be supervised and administered by the Department of Human Resources.

(26)      Council on Mental Retardation; transfer. — The Council on Mental Retardation, as contained in Article 12 of Chapter 35 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(27)      North Carolina Cancer Study Commission; transfer. — The North Carolina Cancer Study Commission, as contained in Article 17A of Chapter 130 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(28)      Interstate Compact on Juveniles; rights, duties and privileges; transfer. — All of the rights, duties and privileges of this State obtained as a party to the Interstate Compact on Juveniles, as contained in Article 5 of Chapter 110 of the General Statutes and the laws of this State, shall be supervised and administered by the Department of Human Resources.

(29)      North Carolina Board of Anatomy; transfer. — The North Carolina Board of Anatomy, as contained in Article 14 of Chapter 90 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(30)      Governors Coordinating Council on Aging; transfer. — The Governor's Coordinating Council on Aging, as contained in Article 29B of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Human Resources.

(31)      Confederate Women's Home Association; transfer. — The Confederate Women's Home Association, and Board of Directors, as contained in Article 1 of Chapter 112 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(32)      Medical Care Commission; transfer. — The Medical Care Commission, as contained in Article 13 of Chapter 131 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Human Resources.

(33)      The Governor's Committee on Employment of the Handicapped; transfer. — The Governor's Committee on Employment of the Handicapped, as contained in Article 29A of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Human Resources.

(34)      Human Resources Division; transfer. — The Human Resources Division, created by the Department of Local Affairs, pursuant to Article 34 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Human Resources.

 

Department of Social Rehabilitation and Control

Sec. 16.  (1) Department of Social Rehabilitation and Control; creation. — There is hereby created a Department of Social Rehabilitation and Control.

(2)        Head of the Department. — The head of the Department of Social Rehabilitation and Control is the Secretary of Social Rehabilitation and Control.

(3)        Secretary of Social Rehabilitation and Control; powers and duties. — The Secretary of Social Rehabilitation and Control shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

(4)        State Department and Commission of Correction; transfer. — The State Department and Commission of Correction, as contained in Chapter 148 of the General Statutes and the laws of this State, are hereby transferred by a Type II transfer to the Department of Social Rehabilitation and Control.

(5)        State Board of Juvenile Correction; transfer. — The State Board of Juvenile Correction, as contained in Article 9 of Chapter 134 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Social Rehabilitation and Control.

(6)        State Probation Commission; transfer. — The State Probation Commission, as established by G.S. 15-201 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Social Rehabilitation and Control.

(7)        Board of Paroles; transfer. — The Board of Paroles, as contained in Article 4 of Chapter 148 of the General Statutes and laws of this State, is hereby transferred by a Type II transfer to the Department of Social Rehabilitation and Control.

(8)        Interstate Agreement on Detainers; transfer. — All of the rights, duties and privileges of this State obtained as a party to the Interstate Agreement on Detainers as contained in Article 10 of Chapter 148 of the General Statutes and the laws of this State, shall be supervised and administered by the Secretary of Social Rehabilitation and Control.

(9)        Uniform Act for Out-of-State Parolee Supervision; transfer. — All the powers, duties and functions of the Governor under Article 4A of Chapter 148 of the General Statutes and the laws of this State, with respect to the execution of compacts on behalf of this State with any of the United States for cooperative effort and mutual assistance in the prevention of crime and for other purposes, are transferred by a Type I transfer to the Department of Social Rehabilitation and Control.

 

Department of Commerce

Sec. 17.  (1) Department of Commerce; creation. — There is hereby created a Department of Commerce.

(2)        Head of Department. — The head of the Department of Commerce is the Secretary of Commerce.

(3)        Secretary of Commerce; powers and duties. — The Secretary of the Department of Commerce shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State, except that agencies transferred to the Department of Commerce shall have authority to employ, direct and supervise professional and technical personnel, and such agencies shall not be accountable to the Secretary of Commerce in their exercise of quasi-judicial powers authorized by statute, notwithstanding any other provisions of this act.

(4)        State Board of Alcoholic Control; transfer. — The State Board of Alcoholic Control, as contained in Chapter 18 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Commerce.

(5)        Utilities Commission; transfer. — The North Carolina Utilities Commission, as contained in Chapter 62 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Commerce.

(6)        Employment Security Commission; transfer. — The Employment Security Commission, as contained in Chapter 96 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Commerce.

(7)        North Carolina Industrial Commission; transfer. — The North Carolina Industrial Commission, as contained in Chapter 97 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Commerce.

(8)        Commissioner of Banks; State Banking Commission; transfer. — The Commissioner of Banks and the State Banking Commission, as contained in Chapter 53 of the General Statutes and the laws of this State, are hereby transferred by a Type II transfer to the Department of Commerce.

(9)        Savings and Loan Division; transfer. — The Savings and Loan Association Division of the Department of Insurance, organized and operating under authority of Article 4 of Chapter 54 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Commerce. There shall be established in the Department of Commerce a Savings and Loan Association Division which shall be under the supervision of the Administrator of the Savings and Loan Division appointed by the Secretary of Commerce. All reference in Articles 1 through 6 of Chapter 54 of the General Statutes, G.S. 105-228.26, G.S. 105-228.27 and lines 5 and 10 of G.S. 36-3 to "Insurance Commissioner" or "Commissioner of Insurance" or "Commissioner" when the reference is to the Commissioner of Insurance are hereby deleted and the words "Administrator of the Savings and Loan Division" are inserted in lieu thereof.

(10)      Savings and Loan Advisory Board; transfer. — The Savings and Loan Advisory Board, as provided for in G.S. 54-24.1 and other laws of this State, is hereby transferred by a Type II transfer to the Department of Commerce, and the name of the Board wherever the same appears shall be changed to "The State Savings and Loan Commission." Effective upon the transfer of the Board under this subsection and the transfer of the Division described above in Subdivision (9) of this section, G.S. 54-24.1 is amended by rewriting the entire section to read as follows:

"§ 54-24.1.  Savings and Loan Commission. — (a) There shall be in the Department of Commerce a Savings and Loan Commission which shall consist of seven members. The Secretary of the Department of Commerce shall be ex officio a member of the Commission and serve as Chairman of the Commission. The five members of the Savings and Loan Advisory Board, heretofore appointed by the Governor, shall continue as members of this Commission and shall serve their full terms and their successors shall be appointed in the same manner and for the same terms as was heretofore provided for members of the Savings and Loan Advisory Board. Upon the effective date of this section, as amended, and quadrennially thereafter, the Governor shall appoint a sixth member of the Commission whose term shall be for four years. At least three members of the Commission shall be persons who have had experience in management of savings and loan associations.

Meetings shall be held regularly as fixed by the bylaws but special meetings may be had at any time upon call of the Chairman, or any three members of the Commission. Members of the Commission shall be reimbursed for expenses incurred in the performance of their duties under this act as prescribed in G.S. 138-5.

(b)        The relationship between the Secretary of Commerce and the Savings and Loan Commission shall be as defined for a Type II transfer under Section 1 of this act.

(c)        The Savings and Loan Commission is hereby vested with full power and authority to review, approve, or modify any action taken by the Administrator of the Savings and Loan Division in the exercise of all powers, duties, and functions vested in or exercised by the Administrator of the Savings and Loan Division under the savings and loan association laws of this State."

(11)      Credit Union Division of the Department of Agriculture; transfer.—The Credit Union Division of the Department of Agriculture, as contained in Subchapter III of Chapter 54 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Commerce.

(12)      Credit Union Commission. — (a) There shall be created in the Department of Commerce a Credit Union Commission which shall consist of seven members. The Secretary of Commerce shall be ex officio a member of the Commission and serve as Chairman of the Commission. On the initial Commission three members shall be appointed by the Governor for terms of two years and three members shall be appointed by the Governor for terms of four years. Thereafter all members of the Commission shall be appointed by the Governor for terms of four years. In the event of a vacancy on the Commission the Governor shall appoint a successor to serve for the remainder of the term. Three members of the Commission shall be persons who have had three years or more experience as a Credit Union Director or in management of state chartered credit unions. No two persons on the Commission shall be residents of the same Senatorial District. No person on the Commission shall be on a Board of Directors or employed by another type of financial institution. The Commission shall meet at least every six months, or more often upon the call of the Secretary of Commerce or any three members of the Commission. A majority of the members of the Commission shall constitute a quorum. The members of the Commission shall be reimbursed for expenses incurred in the performance of their duties under this act as prescribed in G.S. 138-5.

(b)        The relationship between the Secretary of Commerce and the Credit Union Commission shall be as defined for a Type II transfer under Section 1 of this act.

(c)        The Credit Union Commission is hereby vested with full power and authority to review, approve, or modify any action taken by the Administrator of Credit Unions in the exercise of all powers, duties, and functions vested by law in or exercised by the Administrator of Credit Unions under the Credit Union laws of this State.

(12.1)   Change in department title. — Wherever the words "State Department of Agriculture" appear in subchapter III of Chapter 54 of the General Statutes of the State of North Carolina the same is hereby deleted and there is inserted in lieu thereof the words "State Department of Commerce". Whenever the words "Commissioner of Agriculture" appear in subchapter III of Chapter 54 of the General Statutes of the State of North Carolina the same is hereby deleted and there is inserted in lieu thereof the words "Secretary of Commerce".

(13)      North Carolina Milk Commission; transfer. — The North Carolina Milk Commission, as contained in Article 28B of Chapter 106 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Commerce.

(14)      North Carolina Burial Commissioner; transfer. — The North Carolina Burial Commissioner, as contained in Article 24 of Chapter 58, Article 7 of Chapter 65 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Commerce.

(15)      North Carolina Burial Commission; transfer. — The North Carolina Burial Commission, as contained in Article 24 of Chapter 58 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Commerce.

(16)      North Carolina Rural Electrification Authority; transfer. — The North Carolina Rural Electrification Authority, as contained in Article 1 of Chapter 117 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Commerce.

 

Department of Revenue

Sec. 18.  (1) Department of Revenue; creation. — There is hereby created a Department of Revenue.

(2)        Head of Department. — The head of the Department of Revenue is the Commissioner of Revenue.

(3)        Commissioner of Revenue; transfer of powers and duties to Commissioner. — The Commissioner of Revenue shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

(4)        Commissioner of Revenue; transfer of powers and duties to Department. — Except as otherwise provided in the Constitution or in this act, all powers, duties and functions vested in the Department of Revenue or in the Commissioner of Revenue under Article 7 of Chapter 147, Chapter 105 of the General Statutes and the laws of this State, are hereby transferred by a Type I transfer to the Department of Revenue.

(5)        Department of Tax Research; transfer. — The Department of Tax Research, as contained in Article 37 of Chapter 105 of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Revenue.

(6)        The State Board of Assessment; transfer. — The State Board of Assessment, as contained in Article 12 of Chapter 105 of the General Statutes and the laws of this State, is transferred by a Type II transfer to the Department of Revenue.

 

Department of Art, Culture and History

Sec. 19.  (1) Department of Art, Culture and History; citation. — There is hereby created a Department of Art, Culture and History.

(2)        Head of Department. — The head of the Department of Art, Culture and History is the Secretary of Art, Culture and History.

(3)        Secretary of Art, Culture and History; powers and duties. — The Secretary of the Department of Art, Culture and History shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

(4)        State Department of Archives and History; transfer. — The State Department of Archives and History, and Executive Board, as contained in Chapter 121 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(5)        Historic Sites Advisory Committee; transfer. — The Historic Sites Advisory Committee, as created in G.S. 121-8.1 and the laws of this State, and as renamed "The North Carolina Advisory Council on Historic Preservation" in Chapter 480, 1971 Session Laws, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(6)        North Carolina State Library; transfer. — The North Carolina State Library, and Board of Trustees, as contained in Article 1 of Chapter 125 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(7)        The Interstate Library Compact; transfer. — All of the rights, duties and privileges of this State obtained as a party to the Interstate Library Compact as contained in Article 2 of Chapter 125 of the General Statutes and the laws of this State, shall be supervised and administered by the Secretary of Art, Culture and History.

(8)        North Carolina Museum of Art; transfer. — The North Carolina Museum of Art, and Board of Trustees, as contained in Article 1 of Chapter 140 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(9)        North Carolina State Art Society, Inc.; transfer. — The North Carolina State Art Society, Inc., and Board of Directors, as contained in Article 3 of Chapter 140 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(10)      North Carolina Symphony Society, Inc.; transfer. — The North Carolina Symphony Society, Inc., and Board of Trustees, as contained in Article 2 of Chapter 140 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(11)      State Art Museum Building Commission; transfer. — The State Art Museum Building Commission, as contained in Article 1A of Chapter 140 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(12)      Library Certification Board; transfer. — The Library Certification Board, as created by G.S. 125-9 and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(13)      Tryon's Palace Commission; transfer. — The Tryon's Palace Commission, as contained in Article 2 of Chapter 121 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(14)      North Carolina Arts Council; transfer. — The North Carolina Arts Council, as contained in Article 47 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(15)      U.S.S. North Carolina Battleship Commission; transfer. — The U.S.S. North Carolina Battleship Commission, as contained in Article 39 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(16)      Memorials Commission; transfer. — The Memorials Commission, as contained in Article 1 of Chapter 100 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(17)      The Commission to Promote Plans for the Celebration of the Four Hundredth Anniversary of the Landing of Sir Walter Raleigh s Colony on Roanoke Island; transfer. — The Commission to Promote Plans for the Celebration of the Four Hundredth Anniversary of the Landing of Sir Walter Raleigh's Colony on Roanoke Island, as created by Resolution 43, 1955 Session Laws, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(18)      Executive Mansion Fine Arts Commission; transfer. — The Executive Mansion Fine Arts Commission, as contained in Article 48 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(19)      North Carolina American Revolution Bicentennial Commission; transfer. — The North Carolina American Revolution Bicentennial Commission, as contained in Article 45 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(20)      North Carolina Awards Commission; transfer. — The North Carolina Awards Commission, as contained in Chapter 140A of the General Statutes and the laws of this State, is hereby transferred by a Type I transfer to the Department of Art, Culture and History.

(21)      The Tobacco Museum Board; transfer. — The Tobacco Museum Board, as contained in Article 51 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(22)      Roanoke Island Historical Association, Inc.; transfer. — The Roanoke Island Historical Association, Inc., as contained in Article 19 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(23)      Sir Walter Raleigh Commission; transfer. — The Sir Walter Raleigh Commission, previously known as the Sir Walter Raleigh Day Commission, as created by Resolution 26, 1947 Session Laws, and as amended in Chapter 1267, 1953 Session Laws, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(24)      Governor Richard Caswell Memorial Commission; transfer. — The Governor Richard Caswell Memorial Commission, as contained in Article 19A of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(25)      Historic Swansboro Commission; transfer. — The Historic Swansboro Commission, as contained in Article 19B of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(26)      Edenton Historic Commission; transfer. — The Edenton Historic Commission, as created by Chapter 1009, 1961 Session Laws, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(27)      Historic Bath Commission; transfer. — The Historic Bath Commission, as created by Chapter 353, 1965 Session Laws, and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(28)      Historic Hillsborough Commission; transfer. — The Historic Hillsborough Commission, as created by Chapter 196, 1963 Session Laws, and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(29)      John Motley Morehead Memorial Commission; transfer. — The John Motley Morehead Memorial Commission, as created by Chapter 1308, 1959 Session Laws, and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(30)      Historic Murfreesboro Commission; transfer. — The Historic Murfreesboro Commission, as created by Chapter 18, 1967 Session Laws, and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(31)      Charles. B. Aycock Memorial Commission; transfer. — The Charles. B. Aycock Memorial Commission, as created by Chapter 1021, 1949 Session Laws, and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(32)      Frying Pan Lightship Marine Museum Commission; transfer. — The Frying Pan Lightship Marine Museum Commission, as contained in Article 39A of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(33)      Guilford County Bicentennial Commission; transfer. — The Guilford County Bicentennial Commission, as created by Chapter 548, 1967 Session Laws, and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(34)      Daniel Boone Memorial Commission; transfer. — The Daniel Boone Memorial Commission, as created by Chapter 496, Public Laws of 1909, and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(35)      Bennett Place Memorial Commission; transfer. — The Bennett Place Memorial Commission, as originally created by Chapter 77, Public Laws 1923, and as amended by Chapter 648, 1955 Session Laws, and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(36)      Durham-Orange Historical Commission; transfer. — The Durham-Orange Historical Commission, as created by Chapter 45, 1927 Public Laws, and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(37)      Pitt County Historical Commission; transfer. — The Pitt County Historical Commission, as created by Chapter 824, 1957 Session Laws, and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(38)      Transylvania County Historical Commission; transfer. — The Transylvania County Historical Commission, as created by Chapter 1110, 1949 Session Laws, and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(39)      Lenoir County Historical and Patriotic Commission; transfer. — The Lenoir County Historical and Patriotic Commission, as created by Chapter 757, 1949 Session Laws, and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(40)      Raleigh Historic Sites Commission; transfer. — The Raleigh Historic Sites Commission, as created by Chapter 1058, 1967 Session Laws, and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

(41)      Stonewall Jackson Memorial Fund; transfer. — The Stonewall Jackson Memorial Fund, as created by Chapter 1371, 1957 Session Laws, and the laws of this State, is hereby transferred by a Type II transfer to the Department of Art, Culture and History.

 

Department of Military and Veterans' Affairs

Sec. 20.  (1) Department of Military and Veterans' Affairs; creation. — There is hereby created a Department of Military and Veterans' Affairs.

(2)        Head of Department. — The head of the Department of Military and Veterans' Affairs is the Secretary of Military and Veterans' Affairs.

(3)        Secretary of 'Military and Veterans' Affairs; powers and duties. — The Secretary of the Department of Military and Veterans' Affairs shall have such powers and duties as are conferred on him by Section 1 of this act, delegated to him by the Governor, and conferred by the Constitution and laws of this State.

(4)        Adjutant General's Department; transfer. — The Adjutant General's Department, as contained in Article 2 of Chapter 127 of the General Statutes and laws of this State, is hereby transferred by a Type I transfer to the Department of Military and Veterans' Affairs.

(5)        State Civil Defense Agency; transfer. — The State Civil Defense Agency, as contained in Chapter 166 of the General Statutes and laws of this State, is hereby transferred by a Type I transfer to the Department of Military and Veterans' Affairs.

(6)        State Civil Air Patrol; transfer. — The State Civil Air Patrol, as contained in Chapter 167 of the General Statutes and laws of this State, is hereby transferred by a Type II transfer to the Department of Military and Veterans' Affairs.

(7)        Department and Board of Veterans' Affairs; transfer. — The North Carolina Department and Board of Veterans' Affairs, as contained in Chapter 165 of the General Statutes and laws of this State, are hereby transferred by a Type II transfer to the Department of Military and Veterans' Affairs.

(8)        Armory Commission; transfer. — The North Carolina Armory Commission, as contained in Article 23 of Chapter 143 of the General Statutes and the laws of this State, is hereby transferred by a Type II transfer to the Department of Military and Veterans' Affairs.

(9)        National Guard Mutual Assistance Compact; transfer. — All the powers, duties and functions of the Governor under Article 14 of Chapter 127 of the General Statutes and the laws of this State with respect to the National Guard Mutual Assistance Compact, are hereby transferred by a Type I transfer to the Department of Military and Veterans' Affairs.

 

Miscellaneous Provisions

Sec. 21.  (1) Creation of new department by executive order. — All departments not now in existence which this act directs to be created shall be made operative by executive order of the Governor; provided that all new departments shall be activated by executive order not later than July 1, 1972.

(2)        Date of transfer of agencies into existing departments. — The transfer of all agencies into departments of State government which now exist shall take place not later than October 1, 1971.

(3)        Transfer of funds by Governor. — To implement this act, the Governor shall have authority to transfer all or a part of any appropriations or funds of an agency to the department to which such agency is transferred.

(4)        Reports to General Assembly by secretary of new departments. — Whenever the Governor activates any new department by executive order on or before July 1, 1972, it shall be the duty of the secretary of such department, on or before March 1, 1973, to file a written report with the Governor for transmittal to the General Assembly. Such report shall contain the secretary's recommendations with respect to legislation needed to further effectuate the department's statutory functions and to promote efficiency and economy within such department.

(5)        Plans and Reports. — Each principal department shall submit an annual plan of work to the Governor and the Advisory Budget Commission prior to the beginning of each fiscal year. Each principal department shall submit an annual report covering programs and activities to the Governor and Advisory Budget Commission at the end of each fiscal year. These plans of work and annual reports shall be made available to the General Assembly.

These documents will serve as the base for the development of budgets for each principal department of State Government to be submitted to the Governor, Advisory Budget Commission and to the General Assembly for consideration and approval.

(6)        Additional Funds for Reorganization. — When adequate funds to implement reorganization are not available from the budgets of the transferred agencies, the Governor and the Council of State may make other funds available for these purposes, not to exceed a total of $500,000 per year for all departments created by this act.

(7)        Constitutional References. — All references to the Constitution in this act refer to the Constitution of North Carolina as effective on July 1, 1971.

(8)        Legislative Research Commission. — The Legislative Research Commission shall review the progress of State Government reorganization and report its findings to the 1973 General Assembly.

Sec. 22.  The Executive Organization Act of 1971 shall be effective upon ratification.

In the General Assembly read three times and ratified, this the 14th day of July, 1971.