GENERAL ASSEMBLY OF NORTH CAROLINA

1997 SESSION

 

 

S.L. 1997-286

HOUSE BILL 460

 

 

AN ACT TO ABOLISH THE NORTH CAROLINA AQUARIUMS COMMISSION, TO AUTHORIZE THE SECRETARY OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES TO ADOPT ENTRANCE FEES FOR THE NORTH CAROLINA AQUARIUMS, AND TO MAKE TECHNICAL CORRECTIONS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Part 28 of Article 7 of Chapter 143B of the General Statutes is repealed.

Section 2.  G.S. 143B-289.19 is recodified by transferring it from Part 5A of Article 7 of Chapter 143B of the General Statutes to Part 5B of Article 7 of Chapter 143B of the General Statutes and reads as rewritten:

"§ 143B-289.19.  Office of Marine AffairsDivision of North Carolina Aquariums - creation.

There The Division of North Carolina Aquariums is created in the Department of Administration the Office of Marine Affairs. Environment, Health, and Natural Resources."

Section 3.  G.S. 143B-289.20 reads as rewritten:

"§ 143B-289.20.  Office of Marine AffairsDivision of North Carolina Aquariums - organization; powers and duties.

(a)       The Office Division of North Carolina Aquariums shall be organized as prescribed by the Secretary of the Department of Environment, Health, and Natural Resources and shall exercise the following powers and duties:

(1)       Repealed by Session Laws 1991, c. 320, s. 3.

(1a)     To establish Establish and maintain the North Carolina Aquariums; Aquariums.

(1b)     To administer Administer the operations of the North Carolina Aquariums, such administrative duties to include, but not be limited to the following:

a.         Adopt goals and objectives for the Aquariums and review and revise these goals and objectives periodically; periodically.

b.         Review and approve requests for use of the Aquarium facilities and advise the Secretary of the Department of Environment, Health, and Natural Resources on the most appropriate use consistent with the goals and objectives of the Aquariums; Aquariums.

c.         Continually review and evaluate the types of projects and programs being carried out in the Aquarium facilities and determine if the operation of the facilities is in compliance with the established goals and objectives; objectives.

d.         Recommend to the Secretary of the Department of Environment, Health, and Natural Resources any policies and procedures needed to assure effective staff performance and proper liaison among Aquarium facilities in carrying out the overall purposes of the Aquarium programs; programs.

e.         Review Aquarium budget submissions to the Secretary of the Department of Environment, Health, and Natural Resources; Resources.

f.          Recruit and recommend to the Secretary of the Department of Environment, Health, and Natural Resources candidates for the positions of directors of the North Carolina Aquariums; and Aquariums.

g.         Create local advisory committees in accordance with the provisions of G.S. 143B-289.22.

(2)       (3) Repealed by Session Laws 1993, c. 321, s. 28(e).

(4)       to (6)        Repealed by Session Laws 1991, c. 320, s. 3.

(7)       Assume any other powers and duties assigned to it by the Secretary.

(b)       The Secretary may adopt any rules and procedures necessary to implement this section."

Section 4.  G.S. 143B-289.22 reads as rewritten:

"§ 143B-289.22.  Local advisory committees; duties; membership.

Local advisory committees created pursuant to G.S. 143B-289.20(a)(1b) shall assist each North Carolina Aquarium in its efforts to establish projects and programs and to assure adequate citizen-consumer input into those efforts.  Members of these committees shall be appointed by the Secretary of the Department of Environment, Health, and Natural Resources for three-year terms from nominations made by the Director of the Office of Marine Affairs.  Each committee shall select one of its members to serve as chairperson.  Members of the committees shall serve without compensation for services or expenses."

Section 5.  Part 5B of Article 7 of Chapter 143B of the General Statutes is amended by adding a new section to read:

"§ 143B-289.23.  North Carolina Aquariums; fees; fund.

(a)       Fees. - The Secretary of Environment, Health, and Natural Resources may adopt a schedule of uniform entrance fees for the North Carolina Aquariums.

(b)       Fund. - The North Carolina Aquariums Fund is hereby created as a special and nonreverting fund.  The North Carolina Aquariums Fund shall be used for repair, maintenance, educational exhibit construction, and operational expenses at existing aquariums and to match private funds that are raised for these purposes.

(c)       Disposition of Fees. - All entrance fee receipts shall be credited to the North Carolina Aquariums Fund.  The Secretary of Environment, Health, and Natural Resources may expend monies from the North Carolina Aquariums Fund only upon the authorization of the General Assembly."

Section 6.  G.S. 143B-279.3(b)(23) is repealed.

Section 7.  G.S. 120-123(59) is repealed.

Section 8.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 1st day of July, 1997.

s/   Dennis A. Wicker

President of the Senate

 

s/   Harold J. Brubaker