State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-437_46

§ 143B‑437.46.  (Thispart has a delayed repeal date. See notes.) e‑NC Authority.

(a)        Creation. – The e‑NCAuthority is created within the Department of Commerce for organizational andbudgetary purposes only, and the Commission shall exercise all of its statutoryauthority under this Part independent of the control of the Department ofCommerce. The functions of the Secretary of Commerce are ministerial and shallbe performed only pursuant to the direction and policy of the Commission.

The purpose of the Authorityis to manage, oversee, promote, and monitor efforts to provide rural countiesand distressed urban areas with high‑speed broadband Internet access. TheAuthority shall also serve as the central rural and urban distressed areasInternet access policy planning body of the State and shall communicate andcoordinate with State, regional, and local agencies and private entities inorder to continue the development and facilitation of a coordinated Internetaccess policy for the citizens of North Carolina.

(b)        Commission. – TheAuthority shall be governed by a Commission. The Commission shall consist of 15voting members, as follows:

(1)        Three membersappointed by the Governor.

(2)        Three membersappointed by the General Assembly upon the recommendation of the President ProTempore of the Senate in accordance with G.S. 120‑121.

(3)        Three membersappointed by the General Assembly upon the recommendation of the Speaker of theHouse of Representatives in accordance with G.S. 120‑121.

(4)        Six ex officiomembers to include the Secretary of Commerce, the State Chief InformationOfficer, the President of the North Carolina Rural Economic Development Center,Inc., the Executive Director of the North Carolina Justice and CommunityDevelopment Center, the Executive Director of the North Carolina League ofMunicipalities, the Executive Director of the North Carolina Association ofCounty Commissioners, or their designees.

It is the intent of the GeneralAssembly that the appointing authorities, in making appointments, shallconsider members who represent the geographic, gender, and racial diversity ofthe State, members who represent rural counties, members who representdistressed urban areas, members who represent the regional partnerships, andmembers who represent the communications industry. For the purpose of thissubsection, the term "communications industry" includes localtelephone exchange companies, rural telephone cooperatives, Internet serviceproviders, commercial wireless communications carriers, cable televisioncompanies, satellite companies, and other communications businesses.

(c)        Oath. – As theholder of an office, each member of the Commission shall take the oath requiredby Section 7 of Article VI of the North Carolina Constitution before assumingthe duties of a Commission member.

(d)        Terms;Commencement; Staggering. – Except as provided in subsection (f) of thissection, all terms of office shall commence on January 1, 2008. For purposes ofstaggering the terms of office, each appointing officer shall designate oneappointee to serve a one‑year term; one appointee to serve a two‑yearterm; and one appointee to serve a three‑year term. Upon the expirationof each staggered term, each appointing officer shall appoint a member for aterm of three years.

(e)        Chair. – TheGovernor shall designate one of the members appointed by the Governor as theChair of the Commission.

(f)         Vacancies. – Allmembers of the Commission shall remain in office until their successors areappointed and qualify. A vacancy in an appointment made by the Governor shallbe filled by the Governor for the remainder of the unexpired term. A vacancy inan appointment made by the General Assembly shall be filled in accordance withG.S. 120‑122. A person appointed to fill a vacancy shall qualify in thesame manner as a person appointed for a full term.

(g)        Removal ofCommission Members. – The Governor may remove any member of the Commission formisfeasance, malfeasance, or nonfeasance in accordance with G.S. 143B‑13(d).The Governor or the person who appointed a member may remove the member forusing improper influence in accordance with G.S. 143B‑13(c).

(h)        Compensation of theCommission. – No part of the revenues or assets of the Authority shall inure tothe benefit of or be distributable to the members of the Commission or officersor other private persons. The members of the Commission shall receive no salaryfor their services but may receive per diem and allowances in accordance withG.S. 138‑5.

(i)         Staff. – The NorthCarolina Rural Economic Development Center, Inc., shall provide administrativeand professional staff support for the Authority under contract.

(j)         Conflicts ofInterest. – Members of the Authority shall comply with the provisions of G.S.14‑234 prohibiting conflicts of interest. In addition, if any member,officer, or employee of the Authority is interested either directly orindirectly, or is an officer or employee of or has an ownership interest in anyfirm or corporation, not including units of local government, interesteddirectly or indirectly, in any contract with the Authority, the member,officer, or employee shall disclose the interest to the Commission, which shallset forth the disclosure in the minutes of the Commission. The member, officer,or employee having an interest may not participate on behalf of the Authorityin the authorization of any contract. (2003‑425, s. 1; 2005‑276, s. 13.12(g);2007‑323, s. 13.16A(a).)