Bill Text: NC H371 | 2017-2018 | Regular Session | Amended
Bill Title: Agency Powers and Duties/Technical Changes.-AB
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-04-20 - Ref To Com On Rules and Operations of the Senate [H371 Detail]
Download: North_Carolina-2017-H371-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 2
HOUSE BILL 371
Committee Substitute Favorable 4/19/17
|
Short Title: Agency Powers and Duties/Technical Changes.-AB |
(Public) |
|
|
Sponsors: |
|
|
|
Referred to: |
|
|
March 16, 2017
A BILL TO BE ENTITLED
AN ACT to clarify certain powers of the Department of Natural and Cultural Resources with respect to recreation and federal Recreation‑related funding and with respect to the North CAROLINA ZOOLOGICAL PARK, TO ADD SWORN LAW ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES TO THE LIST OF OFFICERS ELIGIBLE FOR SALARY CONTINUATION FOR WORKERS' COMPENSATION, AND TO CHANGE THE NAME OF THE CLEAN water management trust fund to the north carolina land and water preservation trust fund, as recommended by the Department.
The General Assembly of North Carolina enacts:
Statutory authority regarding recreation AND CERTAIN LAW ENFORCEMENT OFFICER BENEFITS
SECTION 1.(a) Subdivision (3) of G.S. 143‑320 is recodified as subdivision (3a) of G.S. 143B‑135.44.
SECTION 1.(b) Subsections (a) and (d) of G.S. 143‑323 are recodified as subsections (a) and (b) of G.S. 143B‑135.58, to be entitled "Additional powers and duties of the Department regarding recreation."
SECTION 1.(c) G.S. 143B‑135.58, as enacted by Section 1(b) of this act, reads as rewritten:
"§ 143B‑135.58. Additional powers and duties of the Department regarding recreation.
(a) Recreation. The
Department of Environmental Quality shall have the following powers and
duties with respect to recreation:
(1) To study and appraise the recreation needs of the State and to assemble and disseminate information relative to recreation.
(2) To cooperate in the promotion and organization of local recreation systems for counties, municipalities, and other political subdivisions of the State, to aid them in the administration, finance, planning, personnel, coordination and cooperation of recreation organizations and programs.
(3) To aid in recruiting, training, and placing recreation workers, and to promote recreation institutes and conferences.
(4) To establish and promote recreation standards.
(5) To cooperate with appropriate State, federal, and local agencies and private membership groups and commercial recreation interests in the promotion of recreation opportunities, and to represent the State in recreation conferences, study groups, and other matters of recreation concern.
(6) To accept gifts, devises, and endowments. The funds, if given as an endowment, shall be invested in securities designated by the donor, or if there is no such designation, in securities in which the State sinking fund may be invested. All such gifts and devises and all proceeds from such invested endowments shall be used for carrying out the purposes for which they were made.
(7) To advise agencies, departments, organizations and groups in the planning, application and use of federal and State funds which are assigned or administered by the State for recreation programs and services on land and water recreation areas and on which the State renders advisory or other recreation services or upon which the State exercises control.
(8) To act jointly, when advisable, with any other State, local or federal agency, institution, private individual or group in order to better carry out the Department's objectives and responsibilities.
(b) Federal Assistance.
The Department, with the approval of the Governor, may apply for and accept
grants from the federal government and its agencies and from any foundation, corporation,
association, or individual, and may comply with the terms, conditions, and
limitations of the grant, in order to accomplish any of the purposes of the
Department. Grant funds shall be expended pursuant to the Executive Budget
Act.State Budget Act. The Director of the Department's Division of Parks
and Recreation shall be designated as having the authority and responsibility
to accept and administer funding through the federal Land and Water
Conservation Fund or any successor fund established for similar purposes, and
the Secretary may designate additional personnel to assist the Director in the responsibilities
imposed by this subsection."
SECTION 1.(d) G.S. 143‑166.13(a) reads as rewritten:
"§ 143‑166.13. Persons entitled to benefits under Article.
(a) The following persons who are subject to the Criminal Justice Training and Standards Act are entitled to benefits under this Article:
(21) Sworn State Law Enforcement Officers with the power of arrest, Department of Natural and Cultural Resources."
Zoological park statutory authority
SECTION 2.(a) The title of Part 39 of Article 2 of Chapter 143B of the General Statutes reads as rewritten:
"North Carolina Zoological Park
Council.Park."
SECTION 2.(b) Part 39 of Article 2 of Chapter 143B of the General Statutes, as amended by subsection (a) of this section, is amended by adding a new section to read:
"§ 143B‑135.204. Powers and duties of the Secretary.
(a) Operation of Park. The Secretary of the Department of Natural and Cultural Resources may adopt rules governing the operation of the Zoological Park, including rules regulating its use and enjoyment by the public. Nothing in this subsection is intended to limit the power of the North Carolina Zoological Park Council to establish and set admissions fees as set forth in G.S. 143B‑135.205.
(b) Park Property. The Secretary of the Department of Natural and Cultural Resources may acquire, dispose of, and develop Zoological Park property, both real and personal. A sale, lease, or trade under this subsection must be conducted in accordance with generally accepted practices for zoos and aquariums that are accredited by the American Association of Zoos and Aquariums."
REname Clean Water Management Trust Fund
SECTION 3.(a) Part 41 of Article 2 of Chapter 143B of the General Statutes reads as rewritten:
"Part 41. Clean Water
Management Land and Water Preservation Trust Fund.
"§ 143B‑135.230. Purpose.
It is the intent of the General Assembly that moneys from the Fund created under this Part shall be used to help finance projects that enhance or restore degraded surface waters; protect and conserve surface waters, including drinking supplies, and contribute toward a network of riparian buffers and greenways for environmental, educational, and recreational benefits; provide buffers around military bases to protect the military mission; acquire land that represents the ecological diversity of North Carolina; and acquire land that contributes to the development of a balanced State program of historic properties.
"§ 143B‑135.232. Definitions.
The following definitions apply in this Part:
(1) Council. The advisory
council for the Clean Water Management Land and Water Preservation Trust
Fund.
(2) Fund. The Clean
Water Management Land and Water Preservation Trust Fund created
pursuant to this Part.
(3) Land. Real property and any interest in, easement in, or restriction on real property.
(4) Local government unit. Defined in G.S. 159G‑20.
(5) Trustees. The trustees
of the Clean Water Management Land and Water Preservation Trust
Fund.
"§ 143B‑135.234. Clean Water Management Land
and Water Preservation Trust Fund.
(a) Fund Established. The Clean
Water Management Land and Water Preservation Trust Fund is established
as a special revenue fund to be administered by the Department of Environmental
Quality. The Fund receives revenue from the following sources and may receive
revenue from other sources:
(1) Annual appropriations.
(2) Special registration plates under G.S. 20‑81.12.
(3) Other special registration plates under G.S. 20‑79.7.
"§ 143B‑135.236. North Carolina Conservation Easement Endowment Fund.
(a) The North Carolina
Conservation Easement Endowment Fund is established as a special fund in the
Office of the State Treasurer. The principal of the Endowment Fund shall
consist of a portion of grant funds transferred by the Trustees to the
Endowment Fund from the Clean Water Management Land and Water
Preservation Trust Fund for stewardship activities related to projects for
conservation easements funded from the Clean Water Management Land
and Water Preservation Trust Fund. The principal of the Endowment Fund may
also consist of any proceeds of any gifts, grants, or contributions to the
State that are specifically designated for inclusion in the Endowment Fund and
any investment income that is not used in accordance with subsection (b) of
this section. The State Treasurer shall hold the Endowment Fund separate and
apart from all other moneys, funds, and accounts. The State Treasurer shall
invest the assets of the Endowment Fund in accordance with the provisions of
G.S. 147‑69.2 and G.S. 147‑69.3. The State Treasurer
shall disburse the endowment investment income only upon the written direction
of the Chair of the Board of Trustees. No expenditure or disbursement shall be
made from the principal of the Endowment Fund.
(b) The Trustees may authorize the disbursement of the endowment investment income only for activities related to stewardship of conservation easements owned by the State.
"§ 143B‑135.240. Clean Water Management Land
and Water Preservation Trust Fund: Board of Trustees established;
membership qualifications; vacancies; meetings and meeting facilities.
(a) Board of Trustees
Established. There is established the Clean Water Management Land
and Water Preservation Trust Fund Board of Trustees. The Clean Water
Management Land and Water Preservation Trust Fund Board of Trustees
shall be administratively located within the Department of Natural and Cultural
Resources.
(b) Membership. The Clean
Water Management Land and Water Preservation Trust Fund Board of
Trustees shall be composed of nine members appointed to three‑year terms
as follows:
(1) One member appointed by the Governor to a term that expires on July 1 of years that precede by one year those years that are evenly divisible by three.
(2) One member appointed by the Governor to a term that expires on July 1 of years that follow by one year those years that are evenly divisible by three.
(3) One member appointed by the Governor to a term that expires on July 1 of years that are evenly divisible by three.
(4) One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate to a term that expires on July 1 of years that precede by one year those years that are evenly divisible by three.
(5) One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate to a term that expires on July 1 of years that follow by one year those years that are evenly divisible by three.
(6) One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate to a term that expires on July 1 of years that are evenly divisible by three.
(7) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives to a term that expires on July 1 of years that precede by one year those years that are evenly divisible by three.
(8) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives to a term that expires on July 1 of years that follow by one year those years that are evenly divisible by three.
(9) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives to a term that expires on July 1 of years that are evenly divisible by three.
"§ 143B‑135.242. Clean Water Management Land
and Water Preservation Trust Fund Board of Trustees: powers and duties.
"§ 143B‑135.244. Clean Water Management Land
and Water Preservation Trust Fund: reporting requirement.
"§ 143B‑135.246. Clean Water Management Land
and Water Preservation Trust Fund: Executive Director and staff.
The Secretary of Natural and
Cultural Resources shall select and appoint a competent person in accordance
with this section as Executive Director of the Clean Water Management Land
and Water Preservation Trust Fund Board of Trustees. The Executive Director
shall be charged with the supervision of all activities under the jurisdiction
of the Trustees and shall serve as the chief administrative officer of the
Trustees. Subject to the approval of the Secretary of Natural and Cultural
Resources, the Executive Director may employ such clerical and other assistants
as may be deemed necessary.
The person selected as Executive Director shall have had training and experience in conservation, protection, and management of surface water resources. The salary of the Executive Director shall be fixed by the Secretary of Natural and Cultural Resources, and the Executive Director shall be allowed travel and subsistence expenses in accordance with G.S. 138‑6. The Executive Director's salary and expenses shall be paid from the Fund. The term of office of the Executive Director shall be at the pleasure of the Secretary of Natural and Cultural Resources.
These employees shall be exempt from the North Carolina Human Resources Act, as provided in G.S. 126‑5(c1).
"§ 143B‑135.248. Clean Water Management Land
and Water Preservation Trust Fund: Advisory Council.
There is established the Clean
Water Management Land and Water Preservation Trust Fund Advisory
Council. The Council shall advise the Trustees with regard to allocations made
from the Fund, and other issues as requested by the Trustees. The Council shall
be composed of the following or its designees:
(1) Commissioner of Agriculture.
(2) Chair of the Wildlife Resources Commission.
(3) Secretary of Environmental Quality.
(4) Secretary of the Department of Commerce.
(5) Secretary of Natural and Cultural Resources."
SECTION 3.(b) The Revisor of Statutes may conform names and titles changed by this section and may correct statutory references to the Clean Water Management Trust Fund throughout the General Statutes to effect the change to the name of the Clean Water Management Trust Fund made by this section. In making the changes authorized by this section, the Revisor may also adjust subject and verb agreement and the placement of conjunctions.
SECTION 3.(c) This section becomes effective January 1, 2018.
SECTION 4. Except as otherwise provided, this act is effective when it becomes law.
