A BILL TO BE ENTITLED
AN ACT TO establish the small business ombudsman office in the department of commerce.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 10 of Chapter 143B of the General Statutes is amended by adding a new Part to read:
"Part 19. Small Business Ombudsman Office.
"§ 143B-472.90.  Small Business Ombudsman Office established.
(a)	There is established within the Department of Commerce the Small Business Ombudsman Office, hereinafter "Office". The Office shall be a clearinghouse for State business information and shall have the following duties and responsibilities:
(1)	Provide the public with an information resource center that disseminates information regarding State statutory and regulatory requirements to conduct business in the State, including authoritative sources and procedures and referrals to contact persons within the appropriate State agencies.
(2)	Establish a program in which the Office works with the small business community to identify problems in State government related to unnecessary delays, inconsistencies between regulatory agencies, and the inefficient and ineffective uses of State resources.
(3)	Implement and administer an automated system to track the number of contacts or inquiries received each year, the nature of each contact or inquiry, and the final resolution offered in response to each contact or inquiry for the purpose of recommending legislative and administrative revisions.
(4)	Work with the business coordinator designated in each State agency pursuant to G.S. 147-54.17 to determine the status of requests for information or assistance and to resolve any disputes that may arise between agencies and businesses regarding compliance with laws, rules, or policies of the State or agency. 
(5)	Make recommendations to agencies and the General Assembly regarding proposed policies, rules, or laws to improve the dissemination of information to small businesses regarding statutory and regulatory requirements and to improve licensing procedures affecting business undertakings, including alternatives such as eliminating, consolidating, simplifying, or expediting particular licenses.
(b)	The Office shall adopt rules and forms necessary to carry out the purposes of this Part.
"§ 143B-472.91.  Confidentiality of requests.
At the request of the person or applicant, the identity of the person or other entity requesting assistance or information pursuant to this Part shall remain confidential and shall not be disseminated to any State agency or person outside the Office. This section does not apply where the health, safety, or welfare of the citizens of the State is at risk. The Secretary shall adopt rules, including exceptions to the confidentiality requirement, to implement this section.
"§ 143B-472.92. Reporting requirements of the Secretary of Commerce.
The Secretary may report to the Joint Legislative Commission on Governmental Operations on recommended legislative proposals or administrative revisions to improve State government communications and relations with the public and to make those communications and relations more effective and efficient."
SECTION 2.  Effective October 1, 2006, G.S. 143B‑472.92, as enacted in Section 1 of this act, reads as rewritten:
"§ 143B‑472.92. Reporting requirements of the Secretary of Commerce.
(a)	The Secretary may report to the Joint Legislative Commission on Governmental Operations on recommended legislative proposals or administrative revisions to improve State government communications and relations with the public and to make those communications and relations more effective and efficient.
(b)	The Secretary shall report to the Joint Legislative Commission on Governmental Operations on or before November 1 each year on the most common and egregious problems the public has had in communicating with and obtaining information from State agencies in the prior year. The report shall include a summary of any complaints and the number, type, and resolution of inquiries received by the Office. The Secretary shall also report on any legislative or administrative recommendations to address the problems reported that year, including proposed budgetary amendments."
SECTION 3.  G.S. 147‑54.17 reads as rewritten:
"§ 147‑54.17.  Coordinator designated in all State agencies.
(a)	Each agency shall cooperate fully with the Office in providing information on the forms, licenses, and regulatory requirements of the agency, in coordinating conferences with applicants to clarify license and regulatory requirements, and in developing a plan for an automated master application system.
(b)	Each agency shall designate a business coordinator. The coordinator shall have the following responsibilities:
(1)	To provide to the Office the most recent application and supplemental forms required for each license issued by the agency and for conducting business under the regulatory authority of the agency, the most recent information available on existing and proposed agency rules, the most recent information on changes or proposed changes in license requirements or agency rules and how those changes will affect the business community, and agency publications that would be of aid or interest to the business  community.
(2)	To work with the Office in scheduling conferences for applicants as provided under  G.S. 147-54.15.
(3)	To determine, upon request of an applicant or the Office, the status of a license application or renewal, the reason for any delay in the license review process, and  the action needed to end the delay; and to notify the applicant or Office, as appropriate, of those  findings.
(4)	To work with the Office or applicant, upon request, to resolve any dispute that may arise between the agency and the applicant during the review  process.
(4a)	To determine, upon the request of a business or the Small Business Ombudsman Office of the Department of Commerce, the status of a request for information or assistance regarding any requirements or actions of the agency, the reason for any delay in the agency's response, and the action needed to end the delay; and to notify the applicant or Small Business Office Ombudsman, as appropriate, of those findings.
(4b)	To work with the Small Business Ombudsman Office of the Department of Commerce or business, upon request, to resolve any dispute that may arise between the agency and business regarding the compliance with laws, rules, or policies of the State or agency.
(5)	To review agency regulatory and license requirements and to provide a written report to the Office that identifies the regulatory and licensing requirements that affect the business community; indicates which, if any, requirements should be eliminated, modified, or consolidated with other requirements; and explains the need for continuing those requirements not recommended for elimination."
SECTION 4.  Sections 1, 3, and 4 of this act become effective October 1, 2003.  Section 2 of this act becomes effective October 1, 2006.