Helping a company get incentives?

You don't necessarily have to register as a lobbyist.

A spokeswoman for the N.C. Department of Commerce said that under their reading of state laws, lobbying does not include assisting companies applying for financial incentives with the One North Carolina or JDIG programs.

"'Lobbying' is the attempt to influence legislative or executive action," Kathy Neal wrote in an e-mail to Dome. "'Executive action' specifically does not include a person (or the person's consultant) communicating with a public servant with respect to applying for a determination of eligibility (such as for incentives), or making an inquiry about or asserting a benefit, claim, right, entitlement, payment, etc."

The N.C. Secretary of State's office, which is the arbiter for lobbying registration, said that it would depend on the consultant's role. In some cases, the registration would not become public until after the incentives are approved.

That interpretation did not sit well with Bob Orr, a former state Supreme Court justice who is fighting the state's incentives system through the N.C. Institute for Constitutional Law.

"If they don't have to register as a lobbyist, they ought to," he said.  "It would seem to me if you're negotiating to get taxpayer money from a government agency, then that's lobbying."

Jim Fain will not remain secretary of commerce under Gov-elect Beverly Perdue.

A member of Gov. Mike Easley's so-called "Iron Cabinet," the longest-serving secretary of the state Department of Commerce is moving on after the end of the Easley administration, according to a department spokeswoman.

"Secretary Fain has no plans to continue with the new administration," said Kathy Neal.

She said that she does not know his future plans yet, but she said she does not think he's retiring for good, but more likely looking for a new challenge.

"I don't think it's in his nature" to retire, she joked.

Fain was appointed Commerce secretary in 2001. The position is key to the state's efforts to recruit and retain businesses and is heavily involved in the use of state incentives.

Perdue's transition team has not made any announcements on Fain's replacement, although state Reps. Bill Owens and Jim Harrell, Sen. David Hoyle, Charlotte businesswoman Crandall Bowles and former deputy Tony Copeland have been rumored to be under consideration.