GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 904

Short Title:  Secretary of State Reorganization.	(Public)

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Sponsors: Representatives Sexton; Baker, Capps, Carpenter, Cocklereece, Culp, Davis, Eddins, McMahan, Pate, Pulley, Rayfield, Sharpe, Sherrill, Weatherly, C. Wilson, and G. Wilson.

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Referred to:  State Government.

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April 12, 1995

A BILL TO BE ENTITLED
AN ACT TO TRANSFER THE UNIFORM COMMERCIAL CODE DIVISION, THE CORPORATIONS DIVISION, THE SECURITIES DIVISION, THE PUBLICATIONS DIVISION, THE BUSINESS LICENSE INFORMATION OFFICE, THE TRADEMARK REGISTRATION FUNCTION, AND ALL OTHER DUTIES OTHER THAN THOSE RELATING TO KEEPING OF THE STATUTE BOOKS AND OTHER MINISTERIAL DUTIES PRESCRIBED BY LAW OF THE DEPARTMENT OF SECRETARY OF STATE TO THE DEPARTMENT OF COMMERCE, AND TO DIRECT THE SECRETARY OF STATE TO ELIMINATE FIFTY PERCENT OF POSITIONS NOT SO TRANSFERRED.
The General Assembly of North Carolina enacts:
Section 1.  The statutory authority, powers, duties and functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, of the Uniform Commercial Code Division, the Corporations Division, the Securities Division, the Business License Information Office, the Notary Public Division, the Land Records Management Division, the Lobbyist Registration function, and the Trademark Registration function of the Department of Secretary of State are transferred to the Department of Commerce.
Sec. 2.  The Revisor of Statutes shall change any references in the General Statutes to the "Secretary of State" to the "Secretary of Commerce", except for those in the following sections, which relate to the election or existence of the Secretary of State, the keeping of the statute books and other ministerial duties:  G.S. 7A-343.1, 8-3, 8-9, 8-14, 11-7.1, 11-11, 77-36, 77-56, 77-57, 104-19, 113A-103, 116-235, 120-29, 120-30.9D, 120-32, 125-6, 126-5, 143-138, 143-215.18, 143-215.22G, 143-318.12, 143-341, the title to Article 2 of Chapter 143A of the General Statutes, 143A-19, 143A-20, 143B-80.6, 143B-80.9, 143B-417, 146-5, 147-3, 147-11.1, 147-33.2, 147-34, 147-35, 147-36, 147-36.1, 147-37, 147-39, 147-41, 147-49, and any reference in Chapter 163 of the General Statutes.
Sec. 3.  The Secretary of State shall develop a plan for the elimination of fifty percent (50%) of the remaining positions within the Department of the Secretary of State remaining after the transfers in Section 1 of this act and shall implement that plan July 1, 1995.
Sec. 4. (a)	G.S. 147-36 reads as rewritten:
"§ 147-36. Duties of Secretary of State.
It is the duty of the Secretary of State:
(1)	To attend at every session of the legislature for the purpose of receiving bills which shall have become laws, and to perform such other duties as may then be devolved upon him by resolution of the two Houses, or either of them;
(2)	To attend the Governor, whenever required by him, for the purpose of receiving documents which have passed the great seal;
(3)	To receive and keep all conveyances and mortgages belonging to the State;
		(6) 	To keep a receipt book, in which he shall take from every person to whom a grant shall be delivered, a receipt for the same; but he may inclose grants by mail in a registered letter at the expense of the grantee, unless otherwise directed, first entering the same upon the receipt book;
			(10)	To receive, enroll and safely preserve the Constitution of the State and all amendments thereto;
(11)	To serve as a member of such boards and commissions as the Constitution and laws of the State may designate;
	(13)	To receive and keep all oaths of public officials required by law to be filed in his office, and as Secretary of State, he is fully empowered to administer official oaths to any public official of whom an oath is required; and
(14)	To receive and maintain a journal of all appointments made to any State board, agency, commission, council or authority which is filed in the office of the Secretary of State."
(b)	G.S. 143B-431 is amended by adding a new subsection to read:
"( e)	The Department of Commerce shall:
(1)	Issue charters and all necessary certificates for the incorporation, domestication, suspension, reinstatement, cancellation, and dissolution of corporations as may be required by the corporation laws of the State and maintain a record thereof;
(2)	Distribute annually the statutes and the legislative journals;
(3)	Distribute the acts of Congress received at his office in the manner prescribed for the statutes of the State;
(4)	Issue certificates of registration of trademarks, labels, and designs as may be required by law and maintain a record thereof;
(5)	Maintain a Division of Publications to compile data on the State's several governmental agencies and for legislative reference; and
(6)	Administer the Securities Law of the State, regulating the issuance and sale of securities, as is now or may be directed."
Sec. 5.  (a)	G.S. 147-36.1 reads as rewritten:
"§ 147-36.1.  Issuance of certificates.
Employees in the office of the Secretary of State designated by the Secretary of State are empowered to issue certificates relating to documents and other filings within the scope of their authorization. In exercising such authority the certificates shall be issued in the name of the Secretary of State, printed, typed, stamped or facsimile signature, and signed by the employee indicating his approved title. Provided, however, that if the volume of documents or certificates to be issued makes an embossed seal and the autograph signature of the employee impractical, the documents may be certified and certificates issued under the facsimile signature and seal of the Secretary of State only."
(b)	G.S. 143B-431 is amended by adding a new subsection to read:
	"( f)  Employees in the Department of Commerce designated  director of a division, or chief of a section in the Department, may issue certificates relating to documents and other filings within the scope of their division or section.  In exercising such authority, the certificates shall be issued in the name of the Secretary of Commerce, printed, typed, stamped or facsimile signature, and signed by the director or chief indicating his approved title. Provided, however, that if the volume of documents or certificates to be issued makes an embossed seal and the autograph signature of the deputy or director impractical, the documents may be certified and certificates issued under the facsimile signature and seal of the Secretary of Commerce only."
Sec. 6.  Section 3 of this act is effective upon ratification.  The remainder of this act becomes effective July 1, 1995.