GENERAL ASSEMBLY OF NORTH CAROLINA
1997 SESSION
S.L. 1997-401
The General Assembly of North Carolina enacts:
FUNDS SHALL NOT REVERT
Section 1. Section 5 of S.L. 1997-256, as rewritten by Section 1 of S.L. 1997-347, reads as rewritten:
"Section 5. If the provisions of Senate Bill 352,
3rd edition, Senate Bill 352, 5th edition, or both, direct that funds shall not
revert, the funds shall not revert on June 30, 1997. Unless these funds
are encumbered on or before June 30, 1997, these funds shall not be expended
after June 30, 1997, except as provided by a statute that becomes effective
after June 30, 1997. If no such statute is enacted prior to August 15,
1997, August 22, 1997, these funds shall revert to the appropriate
fund on that date."
EXTEND SENTENCING COMMISSION
Section 2. Section 8 of Chapter 1076 of the 1989 Session Laws, as amended by Chapters 812 and 816 of the 1991 Session Laws, Chapters 253, 321, and 591 of the 1993 Session Laws, Chapter 236 of the 1995 Session Laws, Section 6 of S.L. 1997-256, and Section 2 of S.L. 1997-347, reads as rewritten:
"Sec. 6. This act is effective upon ratification,
and shall expire August 15, 1997, August 22, 1997."
EXTEND MORATORIUM ON FISHING LICENSES
Section 3. Subsection (a) of Section 3 of Chapter 675 of the 1993 Session Laws, Regular Session 1994, as amended by subsection (a) of Section 26.5 of Chapter 507 of the 1995 Session Laws, Section 7 of S.L. 1997-256, and Section 3 of S.L. 1997-347, reads as rewritten:
"(a) Except as provided in
subsections (b), (c), (c1), or (c2) of this section, the Department shall not
issue any new licenses for a period beginning July 1, 1994, and ending August
15, 1997, August 22, 1997, under the following statutes:
(1) G.S. 113-152. Vessel licenses.
(2) G.S. 113-153.1. Crab license.
(3) G.S. 113-154. Shellfish license
(4) G.S. 113-154.1. Nonvessel endorsements to sell fish."
AUTHORIZATION OF FICTITIOUS LICENSES AND REGISTRATION PLATES ON PUBLICLY OWNED MOTOR VEHICLES
Section 4. Section 23(c) of Chapter 18 of the Session Laws of the 1996 Second Extra Session, as rewritten by Section 8 of S.L. 1997-256 and Section 4 of S.L. 1997-347, reads as rewritten:
"(c) Subsection (a) of
this section expires August 15, 1997, August 22, 1997."
LOWER NEUSE RIVER BASIN ASSOCIATION FUNDS
Section 5. Section 27.8(a) of Chapter 18 of the Session Laws of the 1996 Second Extra Session, as rewritten by Section 9 of S.L. 1997-256 and Section 5 of S.L. 1997-347, reads as rewritten:
"(a) Of the funds
appropriated by this act to the Lower Neuse River Basin Association for the
1996-97 fiscal year, the sum of two million dollars ($2,000,000) shall be
allocated as grants to local government units in the Neuse River Basin to
assist those local government units in fulfilling their obligations under the
Neuse River Nutrient Sensitive Waters Management Strategy plan adopted by the
Environmental Management Commission. The funds are contingent upon the
adoption of the plan by the Environmental Management Commission. If
the Environmental Management Commission fails to adopt the plan by August
15, 1997, August 22, 1997. then the funds shall revert to the
General Fund."
BEAVER DAMAGE CONTROL FUNDS
Section 6. Subsection (h) of Section 69 of Chapter 1044 of the 1991 Session Laws, as amended by Section 111 of Chapter 561 of the 1993 Session Laws, Section 27.3 of Chapter 769 of the 1993 Session Laws, Section 26.6 of Chapter 507 of the 1995 Session Laws, Section 27.15(c) of Chapter 18 of the Session Laws of the 1996 Second Extra Session, Section 10 of S.L. 1997-256, and Section 6 of S.L. 1997-347, reads as rewritten:
"(h) Subsections (a)
through (d) of this section expire August 15, 1997, August 22, 1997."
CHANGES IN THE EXECUTION OF THE BUDGET
Section 7. Section 11 of S.L. 1997-256, as rewritten by Section 7 of S.L. 1997-347, reads as rewritten:
"Section 11. The amendments to G.S. 143-27 that
were enacted in Section 7.4(h)(2) of Chapter 18 of the Session Laws of the 1996
Second Extra Session shall become effective August 15, 1997, August
22, 1997."
CORE SOUND/DESCRIPTION OF AREA A FOR SHELLFISH LEASE MORATORIUM
Section 8. Section 3 of Chapter 547 of the 1995 Session Laws (1996 Regular Session) as amended by Section 1 of Chapter 633 of the 1995 Session Laws (1996 Regular Session) and as rewritten by Section 27.33 of Chapter 18 of the Session Laws of the 1996 Second Extra Session, Section 12 of S.L. 1997-256, and Section 8 of S.L. 1997-347, reads as rewritten:
"Sec. 3. Notwithstanding G.S. 113-202, a
moratorium on new shellfish cultivation leases shall be imposed in the
remaining area of Core Sound not described in Section 1 of this act.
During the moratorium, a comprehensive study of the shellfish lease program
shall be conducted. The moratorium established under this section covers
that part of Core Sound bounded by a line beginning at a point on Cedar Island
at 35°00'39"N - 76°17'48"W, thence
109°(M) to a point in
Core Sound 35°00'00"N - 76°12'42"W, thence 229°(M) to Marker No. 37
located 0.9 miles off Bells Point at 34°43'30"N - 76°29'00"W, thence
207°(M) to the Cape Lookout Lighthouse at 34°37'24"N - 76°31'30"W,
thence 12°(M) to a point at Marshallberg at 34°43'07"N - 76°31'12"W,
thence following the shoreline in a northerly direction to the point of
beginning except that the highway bridges at Salters Creek, Thorofare Bay, and
the Rumley Bay ditch shall be considered shoreline. The moratorium shall
expire August 15, 1997, August 22, 1997."
EFFECTIVE DATE
Section 10. (a) Section 13 of S.L. 1997-256, as rewritten by Section 9 of S.L. 1997-347, reads as rewritten:
"Section 13. This act becomes effective July 1,
1997, except that Sections 5 through 10 of this act become effective June 30,
1997. This act expires August 15, 1997, August 22, 1997."
(b) Sections 3 and 8 of this act do not become effective if House Bill 1097, 1997 Regular Session, becomes law before this act. If House Bill 1097, 1997 Regular Session, becomes law after this act becomes law, then Sections 3 and 8 of this act expire the earlier of August 22, 1997, and the date that House Bill 1097, 1997 Regular Session, becomes law.
(c) Except as otherwise provided, this act becomes effective August 15, 1997.
In the General Assembly read three times and ratified this the 14th day of August, 1997.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 6:50 p.m. this 14th day of August, 1997