§ 143B-437.54. Economic Investment Committee established. - North Carolina Statutes

§ 143B‑437.54.  Economic Investment Committeeestablished.

(a)        Membership. – The Economic Investment Committee isestablished. The Committee consists of the following members:

(1)        The Secretary of Commerce.

(2)        The Secretary of Revenue.

(3)        The Director of the Office of State Budget and Management.

(4)        One member appointed by the General Assembly upon therecommendation of the Speaker of the House of Representatives.

(5)        One member appointed by the General Assembly upon therecommendation of the President Pro Tempore of the Senate.

The members of the Committee appointed by the General Assembly may notbe members of the General Assembly. The members of the Committee appointed bythe General Assembly serve two‑year terms that begin upon appointment.

(b)        Decision Required. – The Committee may act only upon adecision of three of its five members.

(c)        Conflict of Interest. – It is unlawful for a current orformer member of the Committee to, while serving on the Committee or within twoyears after the end of service on the Committee, provide services forcompensation, as an employee, consultant, or otherwise, to any business or arelated member of the business that is awarded a grant under this Part or underG.S. 143B‑437.02 while the member is serving on the Committee. Violationof this subsection is a Class 1 misdemeanor. In addition to the penaltiesimposed under G.S. 15A‑1340.23, the court shall also make a finding as towhat compensation was received by the defendant for services in violation ofthis section and shall order the defendant to forfeit that compensation.

If a person is convicted under this section, the person shall notprovide services for compensation, as an employee, consultant, or otherwise, toany business or a related member of the business that was awarded a grant underthis Part or under G.S. 143B‑437.02 while the member was serving on theCommittee until two years after the person's conviction under this section.

(d)        Public Notice. – At least 20 days before the effective dateof any criteria or nontechnical amendments to criteria, the Committee mustpublish the proposed criteria on the Department of Commerce's web site andprovide notice to persons who have requested notice of proposed criteria. Inaddition, the Committee must accept oral and written comments on the proposedcriteria during the 15 business days beginning on the first day that theCommittee has completed these notifications. For the purpose of thissubsection, a technical amendment is either of the following:

(1)        An amendment that corrects a spelling or grammatical error.

(2)        An amendment that makes a clarification based on publiccomment and could have been anticipated by the public notice that immediatelypreceded the public comment.

(e)        Sunshine. – Meetings of the Committee are subject to theopen meetings requirements of Article 33C of Chapter 143 of the GeneralStatutes. All documents of the Committee, including applications for grants,are public records governed by Chapter 132 of the General Statutes and anyapplicable provisions of the General Statutes protecting confidentialinformation. (2002‑172, s.2.1(a); 2003‑416, ss. 2, 25; 2003‑435, 2nd Ex. Sess., ss. 1.4,2.4.)