Article 1. General Provisions.
Part 1. In General.
§ 143B-1. Short title.
This Chapter shall be known and may be cited as the “Executive Organization Act of 1973.”
History. 1973, c. 476, s. 1.
Legal Periodicals.
For note, “Whose Forum is it Anyway: Individual Government Officials and Their Authority to Create Public Forums on Social Media,” see 69 Duke L.J. 701 (2019).
§ 143B-2. Interim applicability of the Executive Organization Act of 1973. [Effective until January 1, 2023]
The Executive Organization Act of 1973 shall be applicable only to the following named departments:
- Department of Natural and Cultural Resources.
- Department of Health and Human Services.
- Department of Revenue.
- Department of Public Safety.
- Repealed by Session Laws 2012-83, s. 47, effective June 26, 2012.
- Department of Environmental Quality.
- Department of Transportation.
- Department of Administration.
- Department of Commerce.
- Repealed by Session Laws 2012-83, s. 47, effective June 26, 2012.
- Department of Information Technology.
History. 1973, c. 476, s. 2; c. 620, s. 9; c. 1262, ss. 10, 86; 1975, c. 716, s. 5; c. 879, s. 46; 1977, c. 70, s. 22; c. 198, s. 21; c. 771, s. 4; 1989, c. 727, s. 218(121); c. 751, s. 7(18); 1991 (Reg. Sess., 1992), c. 959, s. 37; 1997-443, ss. 11A.118(a), 11A.119(a); 2000-137, s. 4(ll); 2011-145, s. 19.1(g), (h), (l); 2012-83, s. 47; 2015-241, ss. 7A.1(c), 14.30(s), (u).
Section Set Out Twice.
The section above is effective until January 1, 2023. For the section as amended January 1, 2023, see the following section, also numbered G.S. 143B-2 .
Effect of Amendments.
Session Laws 2011-145, s. 19.1(g), (h), and ( l ), effective January 1, 2012, substituted “Public Safety” for “Crime Control and Public Safety” in subdivision (4); substituted “Division of Adult Correction of the Department of Public Safety” for “Department of Correction” in subdivision (5), and substituted “Division of Juvenile Justice of the Department of Public Safety” for “Department of Juvenile Justice and Delinquency Prevention” in subdivision (10).
Session Laws 2012-83, s. 47, effective June 26, 2012, deleted subdivisions (5) and (10), pertaining to the Divisions of Adult Correction and Juvenile Justice, respectively, and made minor punctuation changes.
Session Laws 2015-241, s. 7A.1(c), effective September 18, 2015, added subdivision (11).
Session Laws 2015-241, ss. 14.30(s), (u), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in subdivision (1) and substituted “Department of Environmental Quality” for “Department of Environment and Natural Resources” in subdivision (6).
§ 143B-2. Interim applicability of the Executive Organization Act of 1973. [Effective January 1, 2023]
The Executive Organization Act of 1973 shall be applicable only to the following named departments:
- Department of Natural and Cultural Resources.
- Department of Health and Human Services.
- Department of Revenue.
- Department of Public Safety.
- Repealed by Session Laws 2012-83, s. 47, effective June 26, 2012.
- Department of Environmental Quality.
- Department of Transportation.
- Department of Administration.
- Department of Commerce.
- Repealed by Session Laws 2012-83, s. 47, effective June 26, 2012.
- Department of Information Technology.
- Department of Adult Correction.
History. 1973, c. 476, s. 2; c. 620, s. 9; c. 1262, ss. 10, 86; 1975, c. 716, s. 5; c. 879, s. 46; 1977, c. 70, s. 22; c. 198, s. 21; c. 771, s. 4; 1989, c. 727, s. 218(121); c. 751, s. 7(18); 1991 (Reg. Sess., 1992), c. 959, s. 37; 1997-443, ss. 11A.118(a), 11A.119(a); 2000-137, s. 4(ll); 2011-145, s. 19.1(g), (h), (l); 2012-83, s. 47; 2015-241, ss. 7A.1(c), 14.30(s), (u); 2021-180, s. 19C.9(d).
Section Set Out Twice.
The section above is effective January 1, 2023. For the section as in effect until January 1, 2023, see the preceding section, also numbered G.S. 143B-2 .
Editor's Note.
Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”
Session Laws 2021-180, s. 43.7, is a severability clause.
Effect of Amendments.
Session Laws 2011-145, s. 19.1(g), (h), and ( l ), effective January 1, 2012, substituted “Public Safety” for “Crime Control and Public Safety” in subdivision (4); substituted “Division of Adult Correction of the Department of Public Safety” for “Department of Correction” in subdivision (5), and substituted “Division of Juvenile Justice of the Department of Public Safety” for “Department of Juvenile Justice and Delinquency Prevention” in subdivision (10).
Session Laws 2012-83, s. 47, effective June 26, 2012, deleted subdivisions (5) and (10), pertaining to the Divisions of Adult Correction and Juvenile Justice, respectively, and made minor punctuation changes.
Session Laws 2015-241, s. 7A.1(c), effective September 18, 2015, added subdivision (11).
Session Laws 2015-241, ss. 14.30(s), (u), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in subdivision (1) and substituted “Department of Environmental Quality” for “Department of Environment and Natural Resources” in subdivision (6).
Session Laws 2021-180, s. 19C.9(d), effective January 1, 2023, added subdivision (12).
§ 143B-3. Definitions.
As used in the Executive Organization Act of 1973, except where the context clearly requires otherwise, the words and expressions defined in this section shall be held to have the meanings here given to them.
- Agency: whenever the term “agency” is used it shall mean and include, as the context may require, an existing department, institution, commission, committee, board, division, bureau, officer or official.
- Board: a collective body which assists the head of a principal department or his designee in the development of major programs including the tender of advice on departmental priorities.
- Commission: a collective body which adopts rules and regulations in a quasi-legislative manner and which acts in a quasi-judicial capacity in rendering findings or decisions involving differing interests.
- Committee: a collective body which either advises the head of a principal department or his designee or advises a commission in detailed technical areas.
- Council: a collective body which advises the head of a principal department or his designee as representative of citizen advice in specific areas of interests.
- Division: the principal subunit of a principal State department.
- Head of department: head of one of the principal State departments.
- Higher education: State senior institutions of higher learning.
- Principal State department: one of the departments created by the General Assembly in compliance with Article III, Sec. 11, of the Constitution of North Carolina.
History. 1973, c. 476, s. 3.
CASE NOTES
Division. —
There was no evidence in the record to show that the Internal Audit Section of the Department of Transportation functioned as a “principal subunit” so as to qualify as a division under this section. North Carolina DOT v. Hodge, 124 N.C. App. 515, 478 S.E.2d 30, 1996 N.C. App. LEXIS 1149 (1996), rev'd, 347 N.C. 602 , 499 S.E.2d 187, 1998 N.C. LEXIS 117 (1998).
The Highway Beautification Program did not function as a “subunit” of a principal state department, such as the Department of Transportation, as specified in the definition of “division” under subdivision (6). Powell v. North Carolina DOT, 124 N.C. App. 542, 478 S.E.2d 28, 1996 N.C. App. LEXIS 1151 (1996), rev'd, 347 N.C. 614 , 499 S.E.2d 180, 1998 N.C. LEXIS 116 (1998).
§ 143B-4. Policy-making authority and administrative powers of Governor; delegation.
The Governor, in accordance with Article III of the Constitution of North Carolina, shall be the Chief Executive Officer of the State. The Governor shall be responsible for formulating and administering the policies of the executive branch of the State government. Where a conflict arises in connection with the administration of the policies of the executive branch of the State government with respect to the reorganization of State government, the conflict shall be resolved by the Governor, and the decision of the Governor shall be final.
History. 1973, c. 476, s. 4.
§ 143B-5. Governor; continuation of powers and duties.
All powers, duties, and functions vested by law in the Governor or in the Office of Governor are continued except as otherwise provided by the Executive Organization Act of 1973.
The immediate staff of the Governor shall not be subject to the North Carolina Human Resources Act.
History. 1973, c. 476, s. 5; 2013-382, s. 9.1(c).
Editor’s Note.
Session Laws 2013-382, s. 9.1(b), provides: “The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:
“(1) The State Personnel Commission is renamed the ‘North Carolina Human Resources Commission.’
“(2) The Office of State Personnel is renamed the ‘North Carolina Office of State Human Resources.’
“(3) The State Personnel Director is renamed the ‘Director of the North Carolina Office of State Human Resources.’ ”
Session Laws 2013-382, s. 9.1(c), provides: “Modification of References. — The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary.”
Effect of Amendments.
Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted “North Carolina Human Resources Act” for “State Personnel Act” at the end of the last paragraph.
§ 143B-6. Principal departments. [Effective until January 1, 2023]
In addition to the principal departments enumerated in the Executive Organization Act of 1971, all executive and administrative powers, duties, and functions not including those of the General Assembly and its agencies, the General Court of Justice and the administrative agencies created pursuant to Article IV of the Constitution of North Carolina, and higher education previously vested by law in the several State agencies, are vested in the following principal departments:
- Department of Natural and Cultural Resources.
- Department of Health and Human Services.
- Department of Revenue.
- Department of Public Safety.
- Repealed by Session Laws 2012-83, s. 48, effective June 26, 2012.
- Department of Environmental Quality.
- Department of Transportation.
- Department of Administration.
- Department of Commerce.
- Community Colleges System Office.
- Repealed by Session Laws 2012-83, s. 48, effective June 26, 2012.
- Department of Information Technology.
- Department of Military and Veterans Affairs.
History. 1973, c. 476, s. 6; c. 620, s. 9; c. 1262, ss. 10, 86; 1975, c. 716, s. 5; c. 879, s. 46; 1977, c. 70, s. 23; c. 198, s. 22; c. 771, s. 4; 1979, 2nd Sess., c. 1130, s. 3; 1989, c. 727, s. 218(122); c. 751, s. 7(19); 1991 (Reg. Sess., 1992), c. 959, s. 38; 1997-443, ss. 11A.118(a), 11A.119(a); 1999-84, s. 23; 2000-137, s. 4(mm); 2011-145, s. 19.1(g), (h), (l); 2012-83, s. 48; 2015-241, ss. 7A.1(d), 14.30(s), (u), 24.1(aa); 2015-268, s. 7.3(a).
Section Set Out Twice.
The section above is effective until January 1, 2023. For the section as amended January 1, 2023, see the following section, also numbered G.S. 143B-6 .
Editor’s Note.
Subdivision (12) as enacted by Session Laws 2015-241, s. 24.1(aa), was redesignated as subdivision (13) at the direction of the Revisor of Statutes.
Session Laws 2015-241, s. 7.25, as amended by Session Laws 2016-94, s. 7.12, provides: “(a) On or before July 1, 2016, unless exempted by the Governor, all State agencies identified as principal departments under G.S. 143B-6 shall become direct members of and shall use the Enterprise Active Directory. A principal department may submit to the State Chief Information Officer a written request to deviate from certain requirements of the Enterprise Active Directory, provided that any deviation shall be consistent with available funding and shall be subject to any terms and conditions specified by the State Chief Information Officer.
“(b) Subsection (a) of this section shall not apply to the State Bureau of Investigation, the State Highway Patrol, or the Division of Emergency Management of the Department of Public Safety.”
Session Laws 2015-241, s. 24.1(ww), as amended by Session Laws 2015-268, s. 7.3(a), made subdivision (13) as added by Session Laws 2015-241, s. 24.1(aa), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Session Laws 2016-94, s. 1.2, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2016.’ ”
Session Laws 2016-94, s. 39.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year.”
Effect of Amendments.
Session Laws 2011-145, s. 19.1(g), (h), and ( l ), effective January 1, 2012, substituted “Public Safety” for “Crime Control and Public Safety” in subdivision (4); substituted “Division of Adult Correction of the Department of Public Safety” for “Department of Correction” in subdivision (5); and substituted “Division of Juvenile Justice of the Department of Public Safety” for “Department of Juvenile Justice and Delinquency Prevention” in subdivision (11).
Session Laws 2012-83, s. 48, effective June 26, 2012, deleted subdivisions (5) and (11), pertaining to the Divisions of Adult Correction and Juvenile Justice, respectively, and made minor punctuation changes.
Session Laws 2015-241, s. 7A.1(d), effective September 18, 2015, added subdivision (12).
Session Laws 2015-241, s. 14.30(s), (u), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in subdivision (1) and substituted “Department of Environmental Quality” for “Department of Environment and Natural Resources” in subdivision (6).
Session Laws 2015-241, s. 24.1(aa), effective July 1, 2015, added subdivision (13). For effective date, see editor’s note.
Session Laws 2021-180, s. 19C.9(e), effective January 1, 2023, added subdivision (14).
§ 143B-6. Principal departments. [Effective January 1, 2023]
In addition to the principal departments enumerated in the Executive Organization Act of 1971, all executive and administrative powers, duties, and functions not including those of the General Assembly and its agencies, the General Court of Justice and the administrative agencies created pursuant to Article IV of the Constitution of North Carolina, and higher education previously vested by law in the several State agencies, are vested in the following principal departments:
- Department of Natural and Cultural Resources.
- Department of Health and Human Services.
- Department of Revenue.
- Department of Public Safety.
- Repealed by Session Laws 2012-83, s. 48, effective June 26, 2012.
- Department of Environmental Quality.
- Department of Transportation.
- Department of Administration.
- Department of Commerce.
- Community Colleges System Office.
- Repealed by Session Laws 2012-83, s. 48, effective June 26, 2012.
- Department of Information Technology.
- Department of Military and Veterans Affairs.
- Department of Adult Correction.
History. 1973, c. 476, s. 6; c. 620, s. 9; c. 1262, ss. 10, 86; 1975, c. 716, s. 5; c. 879, s. 46; 1977, c. 70, s. 23; c. 198, s. 22; c. 771, s. 4; 1979, 2nd Sess., c. 1130, s. 3; 1989, c. 727, s. 218(122); c. 751, s. 7(19); 1991 (Reg. Sess., 1992), c. 959, s. 38; 1997-443, ss. 11A.118(a), 11A.119(a); 1999-84, s. 23; 2000-137, s. 4(mm); 2011-145, s. 19.1(g), (h), (l); 2012-83, s. 48; 2015-241, ss. 7A.1(d), 14.30(s), (u), 24.1(aa); 2015-268, s. 7.3(a); 2021-180, s. 19C.9(e).
Section Set Out Twice.
The section above is effective January 1, 2023. For the section as in effect until January 1, 2023, see the preceding section, also numbered G.S. 143B-6 .
Editor’s Note.
Subdivision (12) as enacted by Session Laws 2015-241, s. 24.1(aa), was redesignated as subdivision (13) at the direction of the Revisor of Statutes.
Session Laws 2015-241, s. 7.25, as amended by Session Laws 2016-94, s. 7.12, provides: “(a) On or before July 1, 2016, unless exempted by the Governor, all State agencies identified as principal departments under G.S. 143B-6 shall become direct members of and shall use the Enterprise Active Directory. A principal department may submit to the State Chief Information Officer a written request to deviate from certain requirements of the Enterprise Active Directory, provided that any deviation shall be consistent with available funding and shall be subject to any terms and conditions specified by the State Chief Information Officer.
“(b) Subsection (a) of this section shall not apply to the State Bureau of Investigation, the State Highway Patrol, or the Division of Emergency Management of the Department of Public Safety.”
Session Laws 2015-241, s. 24.1(ww), as amended by Session Laws 2015-268, s. 7.3(a), made subdivision (13) as added by Session Laws 2015-241, s. 24.1(aa), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Session Laws 2016-94, s. 1.2, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2016.’ ”
Session Laws 2016-94, s. 39.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year.”
Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”
Session Laws 2021-180, s. 43.7, is a severability clause.
Effect of Amendments.
Session Laws 2011-145, s. 19.1(g), (h), and ( l ), effective January 1, 2012, substituted “Public Safety” for “Crime Control and Public Safety” in subdivision (4); substituted “Division of Adult Correction of the Department of Public Safety” for “Department of Correction” in subdivision (5); and substituted “Division of Juvenile Justice of the Department of Public Safety” for “Department of Juvenile Justice and Delinquency Prevention” in subdivision (11).
Session Laws 2012-83, s. 48, effective June 26, 2012, deleted subdivisions (5) and (11), pertaining to the Divisions of Adult Correction and Juvenile Justice, respectively, and made minor punctuation changes.
Session Laws 2015-241, s. 7A.1(d), effective September 18, 2015, added subdivision (12).
Session Laws 2015-241, s. 14.30(s), (u), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in subdivision (1) and substituted “Department of Environmental Quality” for “Department of Environment and Natural Resources” in subdivision (6).
Session Laws 2015-241, s. 24.1(aa), effective July 1, 2015, added subdivision (13). For effective date, see editor’s note.
Session Laws 2021-180, s. 19C.9(e), effective January 1, 2023, added subdivision (14).
§ 143B-7. Continuation of functions.
Each principal State department shall be considered a continuation of the former agencies to whose power it has succeeded for the purpose of succession to all rights, powers, duties, and obligations of the former agency. Where a former agency is referred to by law, contract, or other document, that reference shall apply to the principal State department now exercising the functions of the former agency.
History. 1973, c. 476, s. 7.
§ 143B-8. Unassigned functions.
All functions, duties, and responsibilities established by law that are not specifically assigned to any principal State department may be assigned by the Governor to that department which, in accordance with the organization of State government, can most appropriately and effectively perform those functions, duties, and responsibilities. This provision shall not apply to professional and occupational licensing boards or to higher education.
History. 1973, c. 476, s. 8.
§ 143B-9. Appointment of officers and employees.
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The head of each principal State department, except those departments headed by popularly elected officers, shall be appointed by the Governor and serve at the Governor’s pleasure. The salary of the head of each of the principal State departments shall be set by the Governor, and the salary of elected officials shall be as provided by law.For each head of each principal State department covered by this subsection, the Governor shall notify the President of the Senate of the name of each person to be appointed, and the appointment shall be subject to senatorial advice and consent in conformance with Section 5(8) of Article III of the North Carolina Constitution unless (i) the senatorial advice and consent is expressly waived by an enactment of the General Assembly or (ii) a vacancy occurs when the General Assembly is not in regular session. Any person appointed to fill a vacancy when the General Assembly is not in regular session may serve without senatorial advice and consent for no longer than the earlier of the following:
- The date on which the Senate adopts a simple resolution that specifically disapproves the person appointed.
- The date on which the General Assembly shall adjourn pursuant to a joint resolution for a period longer than 30 days without the Senate adopting a simple resolution specifically approving the person appointed.
- The head of a principal State department shall appoint a chief deputy or chief assistant, and such chief deputy or chief assistant shall not be subject to the North Carolina Human Resources Act. The salary of such chief deputy or chief assistant shall be set by the Governor. Unless otherwise provided for in the Executive Organization Act of 1973, and subject to the provisions of the Human Resources Act, the head of each principal State department shall designate the administrative head of each transferred agency and all employees of each division, section, or other unit of the principal State department.
History. 1973, c. 476, s. 9; 1977, c. 802, s. 42.20; 1983, c. 717, s. 51; 2012-142, s. 25.02(c); 2013-382, s. 9.1(c); 2016-126, 4th Ex. Sess., s. 38.
Editor’s Note.
Session Laws 2013-382, s. 9.1(b), provides: “The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:
“(1) The State Personnel Commission is renamed the ‘North Carolina Human Resources Commission.’
“(2) The Office of State Personnel is renamed the ‘North Carolina Office of State Human Resources.’
“(3) The State Personnel Director is renamed the ‘Director of the North Carolina Office of State Human Resources.’ ”
Session Laws 2013-382, s. 9.1(c), provides: “Modification of References. — The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary.”
Effect of Amendments.
Session Laws 2012-142, s. 25.02(c), effective July 1, 2012, substituted “departments shall be set by the Governor, and the salary” for “departments and” in the second paragraph, and substituted “shall be set by the Governor” for “shall, upon the recommendation of the Governor, be set by the General Assembly” in the second sentence of the third paragraph. For applicability, see editor’s note.
Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted “North Carolina Human Resources Act” for “State Personnel Act” at the end of the first sentence in the last paragraph.
Session Laws 2016-126, 4th Ex. Sess., s. 38, effective December 19, 2016, rewrote the section.
CASE NOTES
Constitutionality. —
Senatorial confirmation of the members of the Governor’s Cabinet does not violate the separation of powers clause when the Governor retains the power to nominate them, has strong supervisory authority over them, and has the power to remove them at will. The Governor’s power to nominate is significant, and the ultimate appointee will be a person that he alone has chosen, subject only to an up-or-down vote by the Senate. The Governor’s supervisory and removal powers, moreover, ensure that the Governor retains ample post-appointment control over how his Cabinet members perform their duties. As a result, G.S. 143B-9(a) ’s senatorial confirmation requirement leaves the Governor with enough control to take care that the laws be faithfully executed, and therefore does not violate the Separation of Powers Clause. Cooper v. Berger, 371 N.C. 799 , 822 S.E.2d 286, 2018 N.C. LEXIS 1141 (2018).
OPINIONS OF ATTORNEY GENERAL
The provisions of G.S. 126-5(b) control over the provisions of this section. See opinion of the Attorney General to Mr. G.C. Davis, Jr., Director, Position Analysis Division, Office of State Personnel, 46 N.C. Op. Att'y Gen. 148 (1976).
§ 143B-10. Powers and duties of heads of principal departments.
- Assignment of Functions. — Except as otherwise provided by this Chapter, the head of each principal State department may assign or reassign any function vested in him or in his department to any subordinate officer or employee of his department.
- Reorganization by Department Heads. — With the approval of the Governor, each head of a principal State department may establish or abolish within his department any division. Each head of a principal State department may establish or abolish within his department any other administrative unit to achieve economy and efficiency and in accordance with sound administrative principles, practices, and procedures except as otherwise provided by law. When any such act of the head of the principal State department affects existing law the provisions of Article III, Sec. 5(10) of the Constitution of North Carolina shall be followed.Each Department Head shall report all reorganizations under this subsection to the President of the Senate, the Speaker of the House of Representatives, the Chairmen of the Appropriations Committees in the Senate and the House of Representatives, and the Fiscal Research Division of the Legislative Services Office, within 30 days after the reorganization if the General Assembly is in session, otherwise to the Joint Legislative Committee on Governmental Operations and the Fiscal Research Division of the Legislative Services Office, within 30 days after the reorganization. The report shall include the rationale for the reorganization and any increased efficiency in operations expected from the reorganization.
- Department Staffs. — The head of each principal State department may establish necessary subordinate positions within the department, make appointments to those positions, and remove persons appointed to those positions, all within the limitations of appropriations and subject to the State Budget Act and the North Carolina Human Resources Act. All employees within a principal State department shall be under the supervision, direction, and control of the head of that department. The head of each principal State department may establish or abolish positions, transfer officers and employees between positions, and change the duties, titles, and compensation of existing offices and positions as the head of the department deems necessary for the efficient functioning of the department, subject to the State Budget Act and the North Carolina Human Resources Act and the limitations of available appropriations. For the purposes of the foregoing provisions, a member of a board, commission, council, committee, or other citizen group shall not be considered an “employee within a principal department.” Nothing in this subsection shall be construed as authorizing the transfer of officers and employees between departments without express authorization of the General Assembly.
- Appointment of Committees or Councils. — The head of each principal department may create and appoint committees or councils to consult with and advise the department. The General Assembly declares its policy that insofar as feasible, such committees or councils shall consist of no more than 12 members, with not more than one from each congressional district. If any department head desires to vary this policy, he must make a request in writing to the Governor, stating the reasons for the request. The Governor may approve the request, but may only do so in writing. Copies of the request and approval shall be transmitted to the Joint Legislative Commission on Governmental Operations. The members of any committee or council created by the head of a principal department shall serve at the pleasure of the head of the principal department and may be paid per diem and necessary travel and subsistence expenses within the limits of appropriations and in accordance with the provisions of G.S. 138-5 , when approved in advance by the Director of the Budget. Per diem, travel, and subsistence payments to members of the committees or councils created in connection with federal programs shall be paid from federal funds unless otherwise provided by law.An annual report listing these committees or councils, the total membership on each, the cost in the last 12 months and the source of funding, and the title of the person who made the appointments shall be made to the Joint Legislative Commission on Governmental Operations by March 31 of each year.
- Departmental Management Functions. — All management functions of a principal State department shall be performed by or under the direction and supervision of the head of that principal State department. Management functions shall include planning, organizing, staffing, directing, coordinating, reporting, and budgeting.
- Custody of Records. — The head of a principal State department shall have legal custody of all public records as defined in G.S. 132-1 .
- Budget Preparation. — The head of a principal State department shall be responsible for the preparation of and the presentation of the department budget request which shall include all funds requested and all receipts expected for all elements of the department.
- Plans and Reports. — Each principal State department shall submit to the Governor an annual plan of work for the next fiscal year prior to the beginning of that fiscal year. Each principal State department shall submit to the Governor an annual report covering programs and activities for each fiscal year. These plans of work and annual reports shall be made available to the General Assembly. These documents will serve as the base for the development of budgets for each principal State department of State government to be submitted to the Governor.
- Reports to Governor; Public Hearings. — Each head of a principal State department shall develop and report to the Governor legislative, budgetary, and administrative programs to accomplish comprehensive, long-range coordinated planning and policy formulation in the work of his department. To this end, the head of the department may hold public hearings, consult with and use the services of other State agencies, employ staff and consultants, and appoint advisory and technical committees to assist in the work.
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Departmental Rules and Policies. — The head of each principal State department and the Director of the Office of State Human Resources may adopt:
- Rules consistent with law for the custody, use, and preservation of any public records, as defined in G.S. 132-1 , which pertain to department business;
- Rules, approved by the Governor, to govern the management of the department, which shall include the functions of planning, organizing, staffing, directing, coordinating, reporting, budgeting, and budget preparation which affect private rights or procedures available to the public;
- Policies, consistent with law and with rules established by the Governor and with rules of the State Human Resources Commission, which reflect internal management procedures within the department. These may include policies governing the conduct of employees of the department, the distribution and performance of business and internal management procedures which do not affect private rights or procedures available to the public and which are listed in (e) of this section. Policies establishing qualifications for employment shall be adopted and filed pursuant to Chapter 150B of the General Statutes; all other policies under this subdivision shall not be adopted or filed pursuant to Chapter 150B of the General Statutes.Rules adopted under (1) and (2) of this subsection shall be subject to the provisions of Chapter 150B of the General Statutes.This subsection shall not be construed as a legislative grant of authority to an agency to make and promulgate rules concerning any policies and procedures other than as set forth herein.
History. 1973, c. 476, s. 10; c. 1416, ss. 1, 2; 1977, 2nd Sess., c. 1219, s. 46; 1983, c. 76, ss. 1, 2; c. 641, s. 8; c. 717, s. 78; 1985 (Reg. Sess., 1986), c. 955, ss. 97, 98; 1987, c. 738, s. 147; c. 827, s. 1; 1991 (Reg. Sess., 1992), c. 1038, s. 15; 2006-203, s. 101; 2013-382, s. 9.1(c); 2019-250, s. 5.8.
Editor’s Note.
Session Laws 1995 (Reg. Sess., 1996), c. 743, s. 25, provides: “References in the Session Laws to any division of the Department of Environment, Health, and Natural Resources that is subdivided or renamed by this act shall be deemed to refer to the successor division. Every Session Law that refers to any division of the Department of Environment, Health, and Natural Resources to which this act applies or that relates to any power, duty, function, or obligation of any of those divisions and that continues in effect after this act becomes effective shall be construed so as to be consistent with this act. The repeal by this act of language authorizing the Secretary of Environment, Health, and Natural Resources to delegate any power, duty, or function is intended to repeal redundant language and does not alter the power of the Secretary of Environment, Health, and Natural Resources to assign or reassign any function vested in the Secretary or the Department of Environment, Health, and Natural Resources under G.S. 143B-10(a). This act shall not be construed to affect any pending action by or obligation due to any division of the Department of Environment, Health, and Natural Resources that is subdivided or renamed by this act.”
Session Laws 1997-443, s. 11A.129, as amended by Session Laws 1998-76, s. 3, provides that the Secretary of Health and Human Services may reorganize the Department of Health and Human Services in accordance with this section and shall report as required, and that by February 1, 1999, the Department shall report to the Joint Legislative Commission on Governmental Operations or to the General Assembly on incorporating health functions and agencies into the Department, on additional changes, on proposed changes in boards and commissions, and on rule changes.
Session Laws 1997-443, s. 35.2, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1997-99 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1997-99 fiscal biennium.”
Session Laws 2013-360, s. 15.7A(a), (b), provides: “(a) Notwithstanding any other provision of law, and consistent with the authority granted in G.S. 143B-10 , the Secretary of the Department of Commerce may reorganize positions and related operational costs within the Department to establish a public-private partnership which includes cost containment measures. Actions under this section may only be implemented after the Office of State Budget and Management has approved a proposal submitted by the Department. Proposals under this section shall include, at a minimum, the positions involved and strategies to achieve efficiencies. The Department of Commerce may use up to one million dollars ($1,000,000) in the 2013-2014 fiscal year of the cost-savings resulting from the establishment of the public-private partnership to cover the costs of reorganizing positions as provided in this subsection.
“(b) Not later than April 1, 2014, the Department shall report on any actions under this section to the House of Representatives Appropriations Subcommittee on Natural and Economic Resources, the Senate Appropriations Committee on Natural and Economic Resources, and the Fiscal Research Division.” Section 15.7A of Session Laws 2013-360 was repealed by Session Laws 2014-18, s. 1.5, effective June 24, 2014.
Session Laws 2013-360, s. 1.1, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2013.’ ”
Session Laws 2013-360, s. 38.2, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium.”
Session Laws 2013-360, s. 38.5, is a severability clause.
Effect of Amendments.
Session Laws 2006-203, s. 101, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter, in subsection (d), deleted “to the Advisory Budget Commission and” following “shall be transmitted” in the fourth sentence of the first paragraph; deleted “the Advisory Budget Commission and” following “shall be made to” in the second paragraph; and deleted the last paragraph, which read: “Prior to taking any action under this subsection, the Director of the Budget may consult with the Advisory Budget Commission.”
Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted “North Carolina Human Resources Act” for “State Personnel Act” twice in subsection (c); and in (j), substituted “Director of the Office of State Human Resources” for “Director of the Office of State Personnel” in the introductory paragraph and substituted “State Human Resources Commission” for “State Personnel Commission” in subdivision (3).
Session Laws 2019-250, s. 5.8, effective November 18, 2019, in subsection (c), substituted “the” for “his” and added “State Budget Act and the” preceding “North Carolina Human Resources Act” in the first sentence; substituted “the head of the department” for “he” and added “State Budget Act and the” preceding “North Carolina Human Resources Act” in the third sentence; and added the last sentence.
Legal Periodicals.
For note on the public’s access to public records, see 60 N.C.L. Rev. 853 (1982).
OPINIONS OF ATTORNEY GENERAL
Those members of the Council of State who have statutory authority to delegate duties may, in conformity with such statutes, attend and vote at meetings of Boards of which they are ex officio members through delegates or designated subordinates. The remaining members of the Council of State may make similar delegations or designations where, in the member’s judgment, other duties necessitate his absence and the statute creating his ex officio membership does not express or clearly imply an intent of the General Assembly that the powers of such membership be exercised personally. See opinion of Attorney General to the Honorable James E. Long, Commissioner of Insurance, 55 N.C. Op. Att'y Gen. 116 (1986).
The Secretary of the Department of Human Resources and the Secretary of the Department of Correction have authority to set the salary schedules for persons employed by their departments in teaching and related educational positions exempt from the State Personnel Act by G.S. 126-5(c3). See opinion of Attorney General to Mr. Phillip J. Kirk, Jr., Secretary, Department of Human Resources, 57 N.C. Op. Att'y Gen. 13 (1987).
The salary schedules established by the Department of Human Resources and the Department of Correction for educational personnel exempt from the State Personnel Act must correspond to the salary schedules established by the State Board of Education for public school employees except in cases where the duties of employees do not correspond to the duties of public school employee positions. In such cases the salary schedule should conform as closely as possible to the public school salary schedules. See opinion of Attorney General to Mr. Phillip J. Kirk, Jr., Secretary, Department of Human Resources, 57 N.C. Op. Att'y Gen. 13 (1987).
§ 143B-11. Subunit nomenclature.
- The principal subunit of a department is a division. Each division shall be headed by a director.
- The principal subunit of a division is a section. Each section shall be headed by a chief.
- If further subdivision is necessary, sections may be divided into subunits which shall be known as branches and which shall be headed by heads, and branches may be divided into subunits which shall be known as units and which shall be headed by supervisors.
History. 1973, c. 476, s. 11.
OPINIONS OF ATTORNEY GENERAL
The Securities Division is an “occupational licensing agency” within the meaning of G.S. 150B-2(4b). See opinion of the Attorney General to Mr. Stephen M. Wallis, Deputy Securities Administrator (acting), 58 N.C. Op. Att'y Gen. 76 (1988).
§ 143B-12. Internal organization of departments; allocation and reallocation of duties and functions; limitations.
- The Governor shall cause the administrative organization of each department to be examined periodically with a view to promoting economy, efficiency, and effectiveness. The Governor may assign and reassign the duties and functions of the executive branch among the principal State departments except as otherwise expressly provided by statute. When the changes affect existing law, they must be submitted to the General Assembly in accordance with Article III, Sec. 5(10) of the Constitution of North Carolina.
- The Governor shall report all transfers of departmental functions under this section to the President of the Senate, the Speaker of the House of Representatives, the Chairmen of the Appropriations Committees in the Senate and the House of Representatives, and the Fiscal Research Division of the Legislative Services Office, within 30 days after the transfer if the General Assembly is in session, otherwise to the Joint Legislative Committee on Governmental Operations and the Fiscal Research Division of the Legislative Services Office, within 30 days after the transfer. The report shall include the rationale for the transfer and the increased efficiency in operations expected from the transfer.
History. 1973, c. 476, s. 12; 1985, c. 479, s. 164.
§ 143B-13. Appointment, qualifications, terms, and removal of members of commissions.
- Each member of a commission created by or under the authority of the Executive Organization Act of 1973 shall be a resident of the State of North Carolina, unless otherwise specifically authorized by law.Unless more restrictive qualifications are provided in the Executive Organization Act of 1973, the Governor shall appoint each member on the basis of interest in public affairs, good judgment, knowledge, and ability in the field for which appointed, and with a view to providing diversity of interest and points of view in the membership.The balance of unexpired terms of existing commission members shall be served in accordance with their most recent appointment.A vacancy occurring during a term of office is filled in the same manner as the original appointment is made and for the balance of the unexpired term, unless otherwise provided by law or by the Constitution of North Carolina.
- A commission membership becomes vacant on the happening of any of the following events before the expiration of the term: (i) the death of the incumbent, (ii) his incompetence as determined by final judgment or final order of a court of competent jurisdiction, (iii) his resignation, (iv) his removal from office, (v) his ceasing to be a resident of the State, (vi) his ceasing to discharge the duties of his office over a period of three consecutive months except when prevented by sickness, (vii) his conviction of a felony or of any offense involving a violation of his official duties, (viii) his refusal or neglect to take an oath within the time prescribed, (ix) the decision of a court of competent jurisdiction declaring void his appointment, and (x) his commitment as a substance abuser under Part 8 of Article 5 of Chapter 122C of the General Statutes; but in that event, the office shall not be considered vacant until the order of commitment has become final.
- No member of the State commission may use his position to influence any election or the political activity of any person, and any such member who violates this subsection may be removed from such office by the Governor, if such member was appointed by the Governor, or by the appointing authority, if such member was not appointed by the Governor. Nothing herein shall prohibit such member from publishing the fact of his membership in his own campaign for public office.
- In addition to the foregoing, any member of a commission may be removed from office by the Governor for misfeasance, malfeasance, and nonfeasance.
- Any appointment by the Governor to a commission, board, council or committee made subsequent to January 5, 1973, and prior to July 1, 1973, for a term that would extend for a period inconsistent with the staggered term provisions of the Executive Organization Act of 1973, may be reduced by the Governor to conform to those staggered term provisions.
-
Whenever a statute requires that the Governor appoint at least one person from each congressional district to a board or commission, and due to congressional redistricting, two or more members of the board or commission shall reside in the same congressional district, then such members shall continue to serve as members of the board or commission for a period equal to the remainder of their unexpired terms, provided that upon the expiration of said term or terms the Governor shall fill such vacancy or vacancies in such a manner as to insure that as expeditiously as possible there is one member of the board or commission who is a resident of each congressional district in the State.
(f1) Whenever a statute requires that the Governor or any board, commission, council, person, or agency (whether or not that board, commission, council, or agency was established under this Chapter) appoint one or more persons from each congressional district to a board, commission, or council, and due to congressional redistricting, a person no longer resides in the district the member has been appointed to represent, such member or members shall, if otherwise qualified, continue to serve as members of the board or commission for the remainder of their unexpired terms, and shall be considered to meet the residency requirement.
(f2) Whenever a statute requires that the Governor or any board, commission, council, person, or agency (whether or not that board, commission, council, or agency was established under this Chapter) appoint one or more persons from each congressional district to a board, commission, or council, and the statute fails to provide for a procedure to fill the extra position due to the addition of an additional congressional district, then the appointing authority shall appoint a person for a term commencing on January 3rd of the year in which the addition of the additional congressional district becomes effective. Unless the statute provides for persons to serve at the pleasure of the appointing authority, the appointing authority shall set the length of the initial term of office.
History. 1973, c. 476, s. 13; 1975, c. 879, s. 47; 1981, c. 520, s. 1; 1981 (Reg. Sess., 1982), c. 1191, s. 5; 1985, c. 589, ss. 45, 46; 1991 (Reg. Sess., 1992), c. 1038, s. 16.
Legal Periodicals.
For survey of 1981 administrative law, see 60 N.C.L. Rev. 1165 (1982).
CASE NOTES
Applicability of Administrative Procedure Act to Removals. —
Subsection (d) of this section does not refer to the Administrative Procedure Act. Absent a specific legislative enactment requiring removal by the Governor to be subject to the Administrative Procedure Act, the act is not applicable to removals by the Governor. James v. Hunt, 43 N.C. App. 109, 258 S.E.2d 481, 1979 N.C. App. LEXIS 3043 (1979), cert. denied, 299 N.C. 121 , 262 S.E.2d 6, 1980 N.C. LEXIS 961 (1980).
§ 143B-14. Administrative services to commissions.
- The head of the principal State department to which a commission has been assigned is responsible for the provision of all administrative services to the commission.
- Except as otherwise provided by law, the powers, duties, and functions of a commission are not subject to the approval, review, or control of the head of the department or of the Governor.
- The Governor may assign to an appropriate commission created by the Executive Organization Act of 1973 duties of a quasi-legislative and quasi-judicial nature existing in the executive branch of State government which have not been assigned by this Chapter to any other commission. All such assignment of duties by the Governor to a commission shall be made in accordance with Article III, Sec. 5(10) of the Constitution of North Carolina.
- All management functions of a commission shall be performed by the head of the principal State department. Management functions shall include planning, organizing, staffing, directing, coordinating, reporting, and budgeting.
History. 1973, c. 476, s. 14; c. 1416, s. 3; 1979, 2nd Sess., c. 1137, s. 41.2; 1981, c. 688, s. 20; 1983, c. 927, s. 11; 1987, c. 827, s. 221; 1991, c. 418, s. 9.
§ 143B-15. Compensation of members of commissions.
The salary of members of full-time commissions shall be set by the General Assembly upon recommendation of the Governor to be submitted as a part of his budget requests.
History. 1973, c. 476, s. 15.
§ 143B-16. Appointment and removal of members of boards, councils and committees.
Unless more restrictive qualifications are provided in this Chapter, the Governor shall appoint each member of a board, council, or committee on the basis of his interest in public affairs, good judgment, knowledge and ability in the field for which appointed, and with a view to providing diversity of interest and points of view in the membership. Unless other conditions are provided in the Executive Organization Act of 1973, any member of a board, council, or committee may be removed from office by the Governor for misfeasance, malfeasance, or nonfeasance.
No member of a board, council, or committee may use his position to influence any election or the political activity of any person, and any such member who violates this paragraph may be removed from such office by the Governor, if such member was appointed by the Governor, or by the appointing authority, if such member was not appointed by the Governor. Nothing herein shall prohibit such member from publishing the fact of his membership in his own campaign for public office.
History. 1973, c. 476, s. 16; 1981, c. 520, s. 2.
§ 143B-17. Commission investigations and orders.
Unless otherwise provided for in the Executive Organization Act of 1973, any commission created by the Executive Organization Act of 1973 may order an investigation into areas of concern over which it has rule-making authority, and the head of the department required to give staff support to such commission shall render such reports and information as the commission may require. In default of the production of information by the head of the principal department or any employee or agent thereof, the commission may seek the aid of the Wake County Superior Court to require the production of information as hereinafter provided.
In proceedings before any commission or any hearing officer or member of the commission so authorized by the commission, if any person refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined or refuses to obey any lawful order of a commission contained in its decision rendered after hearing, the chairman of the commission may apply to the Superior Court of Wake County or to the superior court of the county where the proceedings are being held for an order directing that person to take the requisite action. Should any person willfully fail to comply with an order so issued, the court shall punish him as for contempt.
History. 1973, c. 476, s. 17.
§ 143B-18. [Repealed]
Repealed by Session Laws 1991, c. 418, s. 10.
Cross References.
As to an agency’s exercise of its authority to adopt rules, see Article 2A of Chapter 150B, G.S. 150B-18 et seq.
§ 143B-19. Pending actions and proceedings.
No action or proceeding pending at the time the Executive Organization Act of 1973 takes effect and brought by or against any State agency whose functions, powers, and duties are transferred by the Executive Organization Act of 1973 to a principal State department shall be affected by any provision of the Executive Organization Act of 1973, but the same may be prosecuted or defended in the name of the head of the principal State department. In all such actions and proceedings, the principal State department to which the functions, powers, and duties of a State agency have been transferred shall be substituted as a party upon appropriate application to the courts.
History. 1973, c. 476, s. 19.
§ 143B-20. [Repealed]
Repealed by Session Laws 1991, c. 418, s. 10.
Cross References.
As to an agency’s exercise of its authority to adopt rules, see Article 2A of Chapter 150B, G.S. 150B-18 et seq.
§ 143B-21. Affirmation of prior acts of abolished agencies.
The abolition of certain agencies by the Executive Organization Act of 1973 should not be construed as invalidating any lawful prior act of such agency.
History. 1973, c. 476, s. 21.
§ 143B-22. Terms occurring in laws, contracts and other documents.
Any reference or designation in any statute, contract, or other document pertaining to functions, powers, obligations, and duties of a State agency assigned by the Executive Organization Act of 1973 to a principal State department shall be deemed to refer to the principal State department or the head of the principal State department, as may be appropriate.
History. 1973, c. 476, s. 22.
§ 143B-23. Completion of unfinished business.
Any business or other matter undertaken or commenced by any State agency or the commissioners or directors thereof, pertaining to or connected with the functions, powers, obligations, and duties hereby transferred to a principal State department, and pending on July 1, 1973, may be conducted and completed by the principal State department in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the State agency or commissioners and directors thereof.
History. 1973, c. 476, s. 23.
§ 143B-24. Cooperative agreements; prohibition regarding Health Benefit Exchanges.
- Except as otherwise provided by law, each principal State department may, with the approval of the Department of Administration, enter into cooperative agreements with the federal government, any state government, any agency of the State government, any local government of the State, jointly with any two or more, or severally, in carrying out its functions.
- The General Assembly reserves the authority to define the State’s level of interaction, if any, with the federally facilitated Health Benefit Exchange that will operate in the State. No department, agency, or institution of this State shall enter into any contracts or commit any resources for the provision of any services related to the federally facilitated Health Benefit Exchange under a “Partnership” Exchange model, except as authorized by the General Assembly. No department, agency, or institution of this State shall take any actions not authorized by the General Assembly toward the formation of a State-run Health Benefit Exchange. It is not the intent of this section to prohibit State-federal interaction that does not pursue a State-run Exchange or “Partnership” Exchange model.
History. 1973, c. 476, s. 24; 2013-5, s. 1(c).
Editor’s Note.
Session Laws 2013-5, s. 1(c), effective March 6, 2013, was codified as subsection (b) at the direction of the Revisor of Statutes.
Session Laws 2013-5, s. 3, provides: “The State will not expand the State’s Medicaid eligibility under the Medicaid expansion provided in the Affordable Care Act, P.L. 111-148, as amended, for which the enforcement was ruled unconstitutional by the U.S. Supreme Court in National Federation of Independent Business, et al. v. Sebelius, Secretary of Health and Human Services, et al., 132 S. Ct. 2566 (2012). No department, agency, or institution of this State shall attempt to expand the Medicaid eligibility standards provided in S.L. 2011-145, as amended, or elsewhere in State law, unless directed to do so by the General Assembly.”
§ 143B-25. Agencies not enumerated.
Any agency not enumerated in the Executive Organization Act of 1973 but established or created by the General Assembly shall continue to exercise all its powers, duties, and functions subject to the provisions of Chapter 143A of the General Statutes of the State of North Carolina.
History. 1973, c. 476, s. 25.
§ 143B-26. Constitutional references.
All references to the Constitution of North Carolina in the Executive Organization Act of 1973 refer to the Constitution of North Carolina as effective July 1, 1973.
History. 1973, c. 476, s. 26.
§ 143B-27. [Repealed]
Repealed by Session Laws 1983, c. 717, s. 79.
§ 143B-28. Goals of continuing reorganization.
Structural reorganization of State government should be a continuing process, accomplished through careful executive and legislative appraisal of the placement of proposed new programs and coordination of existing programs in response to changing emphases in public needs and should be consistent with the following goals:
- The organization of State government should assure its responsiveness to popular control. It is the goal of reorganization to improve the administrative capability of the executive to carry out these policies.
- The organization of State government should aid communication between citizens and government. It is the goal of reorganization through coordination of related programs in function-oriented departments to improve public understanding of government programs and policies and to improve the relationships between citizens and administrative agencies.
- The organization of State government should assure efficient and effective administration of the policies established by the General Assembly. It is the goal of reorganization to promote efficiency and effectiveness by improving the management and coordination of State services and by eliminating ineffective, overstaffed, obsolete or overlapping activities.
History. 1973, c. 476, s. 28.
§ 143B-28.1. Create Collaboration for Prosperity Zones.
For purposes of enhanced collaboration and cooperation between governmental agencies, planning, use of resources, and improved efficiency at a regional level, the State is hereby divided into eight permanent zones as follows:
- Western Region, consisting of Buncombe, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, Polk, Rutherford, Swain, and Transylvania Counties.
- Northwest Region, consisting of Alleghany, Ashe, Alexander, Avery, Burke, Caldwell, Catawba, McDowell, Mitchell, Watauga, Wilkes, and Yancey Counties.
- Southwest Region, consisting of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, and Union Counties.
- Piedmont-Triad (Central) Region, consisting of Alamance, Caswell, Davidson, Davie, Forsyth, Guilford, Randolph, Rockingham, Stokes, Surry, and Yadkin Counties.
- North Central Region, consisting of Chatham, Durham, Edgecombe, Franklin, Granville, Harnett, Johnston, Lee, Nash, Orange, Person, Vance, Wake, Warren, and Wilson Counties.
- Sandhills (South Central) Region, consisting of Bladen, Columbus, Cumberland, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson, and Scotland Counties.
- Northeast Region, consisting of Beaufort, Bertie, Camden, Chowan, Currituck, Dare, Gates, Halifax, Hertford, Hyde, Martin, Northampton, Pasquotank, Perquimans, Pitt, Tyrrell, and Washington Counties.
- Southeast Region, consisting of Brunswick, Carteret, Craven, Duplin, Greene, Jones, Lenoir, New Hanover, Onslow, Pamlico, Pender, and Wayne Counties.
History. 2014-18, s. 3.2.
Intent to Create Collaboration for Prosperity Zones.
Session Laws 2014-18, s. 3.1, provides: “It is the intent of the General Assembly to establish geographically uniform zones in this State to facilitate collaborative and coordinated planning and use of resources, to improve cooperation with other governmental and nonprofit entities at the local and regional level, to facilitate administrative efficiencies within State government, to receive advice on economic development issues by local boards established by a North Carolina nonprofit corporation with which the Department of Commerce contracts, and, to the extent feasible, to establish one-stop sources in each region for citizens and businesses seeking State services at a regional level.”
Editor’s Note.
Session Laws 2014-18, s. 3.3, provides: “The Departments of Commerce, Environment and Natural Resources, and Transportation, the Community Colleges System Office, and the State Board of Education shall, by January 1, 2015, report to the Joint Legislative Commission on Governmental Operations, the Senate Appropriations/Base Budget Committee, and the House Appropriations Committee on how they plan to establish Collaboration for Prosperity Zones as defined by this act.”
Session Laws 2014-18, s. 4.1, as amended by Session Laws 2015-241, s. 14.1, and as amended by Session Laws 2016-94, s. 15.8, provides: “No later than January 1, 2015, the Departments of Commerce, Environment and Natural Resources, and Transportation shall have at least one employee physically located in the same office in each of the Collaboration for Prosperity Zones set out in G.S. 143B-28.1 to serve as that department’s liaison with the other departments and with local governments, schools and colleges, planning and development bodies, and businesses in that zone. The departments shall jointly select the office. For purposes of this Part, the Department of Commerce may contract with a North Carolina nonprofit corporation pursuant to G.S. 143B-431 A [143B-431.01], as enacted by this act, to fulfill the departmental liaison requirements for each office in each of the Collaboration for Prosperity Zones, and the Department of Environment and Natural Resources shall fulfill the departmental liaison requirements from existing and funded positions. The Department of Commerce shall additionally have at least one employee from the Rural Economic Development Division Main Street and Rural Planning Center physically located in each office in each of the Collaboration for Prosperity Zones, who shall be responsible for assisting communities in the Prosperity Zone with adding value to their economic and community development projects by assisting communities with solutions, including economic development strategic planning, land-use planning, implementation services, downtown economic revitalization, and technical support.
“No later than January 1, 2015, the Community Colleges System Office shall designate at least one representative from a community college or from the Community Colleges System Office to serve as a liaison in each Collaboration for Prosperity Zone for the community college system, the community colleges in the zone, and other educational agencies and schools within the zone. A liaison may be from a business center located in a community college. These liaisons are not required to be collocated with the liaisons from the Departments of Commerce, Environment and Natural Resources, and Transportation.
“No later than January 1, 2015, the State Board of Education shall designate at least one representative from a local school administrative unit or from the Department of Public Instruction to serve as a liaison in each Collaboration for Prosperity Zone for the local school administrative units and other public schools within the zone. These liaisons are not required to be collocated with the liaisons from the Departments of Commerce, Environment and Natural Resources, and Transportation.”
Session Laws 2014-18, s. 4.2, provides: “In addition to other related tasks assigned by their respective agencies, liaisons in each Collaboration for Prosperity Zone shall work to enhance collaboration and cooperation between their departments and other State agencies, local governmental agencies, and other regional public and nonprofit entities. The liaisons from the Departments of Environment and Natural Resources and Transportation shall work to consolidate and simplify the process for citizens and businesses seeking permits from their respective agencies. The liaisons from the Department of Commerce shall be used to support local economic development efforts, to coordinate such efforts, and to coordinate the Department of Commerce’s activities within each Collaboration for Prosperity Zone. The liaisons from the community college system and local school administrative units shall work closely with the Department of Commerce and other State and local governmental agencies and local businesses in the zone to promote job development through career technical education.”
Session Laws 2014-18, s. 4.3(a)-(c), provides: “(a) The Departments of Transportation and Environment and Natural Resources shall jointly report to the Office of State Budget and Management, the Joint Legislative Commission on Governmental Operations, the Joint Legislative Transportation Oversight Committee, the Environmental Review Commission, the Senate Appropriations/Base Budget Committee, and the House Appropriations Committee, as follows:
“(1) No later than January 1, 2015, on the establishment of collocated liaisons within each Collaboration for Prosperity Zone and a description of the activities the liaisons have been assigned to perform.
“(2) No later than April 1, 2015, on the activities of the liaisons, specifically any activities undertaken that resulted in enhanced collaboration and coordination with the other Department and with other governmental agencies, improved administrative efficiencies, and any steps taken to make services to citizens and businesses within each zone more efficient, economical, and user-friendly.
“(b) The Community Colleges System Office and the State Board of Education shall each report to the Office of State Budget and Management, the Joint Legislative Commission on Governmental Operations, the Joint Legislative Education Oversight Committee, the Senate Appropriations/Base Budget Committee, and the House Appropriations Committee, as follows:
“(1) No later than January 1, 2015, on the establishment of liaisons within each Collaboration for Prosperity Zone and a description of the activities the liaisons have been assigned to perform.
“(2) No later than April 1, 2015, on the activities of the liaisons, specifically any activities undertaken that resulted in enhanced collaboration and coordination with other governmental agencies, improved planning on use of educational resources, and improved administrative efficiencies.
“(c) The Department of Commerce shall include in its first report under G.S. 143B-431 A(f) [143B-431.01], as enacted by this act, a report on the establishment and activities of its liaisons in each Collaboration for Prosperity Zone. The Department of Commerce shall send a copy of this report to the Office of State Budget and Management, the Senate Appropriations/Base Budget Committee, and the House Appropriations Committee.”
Session Laws 2014-18, s. 4.4, provides: “The Departments of Commerce, Environment and Natural Resources, and Transportation, the Community Colleges System Office, and the State Board of Education shall use funds available to carry out the requirements of this section. Nothing in this act shall be construed as an authorization for payment of additional compensation for persons serving as liaisons.”
Session Laws 2014-18, s. 5, provides: “It is the intent of the General Assembly to receive and review the reports required by Section 4.3 of this act concerning the creation of the Collaboration for Prosperity Zones and to use those reports to further address the following topics:
“(1) Enhancing collaboration and cooperation between State and other governmental agencies in order to streamline and improve services to citizens and businesses, to make such services more user-friendly, and to implement collaborative and cooperative interagency measures to enhance access to services.
“(2) Reducing barriers faced by citizens and businesses in accessing services that are unnecessarily caused by agency specialization, which may produce a ‘silo mentality.’
“(3) Additional recommendations regarding liaison personnel, including expanding the requirement to other State departments.
“(4) Ways to integrate collaboration between educational institutions in each Collaboration for Prosperity Zone on the one hand and other governmental agencies and local businesses on the other.
“(5) Requiring the establishment of interagency one-stop shops in each Collaboration for Prosperity Zone.
“(6) Consolidating programs or services.
“(7) Cross-training employees.
“(8) Identifying offices, equipment, and support services that may be efficiently and economically shared between agencies in each Collaboration for Prosperity Zone.
“(9) The grouping of counties within each Collaboration for Prosperity Zone to determine whether there is a better configuration while keeping the same overall number of zones.”
Session Laws 2014-18, s. 6.1, provides: “Nothing in this act shall be construed to obligate the General Assembly to appropriate funds to implement this act.”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ’
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Session Laws 2016-94, s. 1.2, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2016.’ ”
Session Laws 2016-94, s. 39.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year.”
Session Laws 2016-94, s. 39.7, is a severability clause.
Session Laws 2017-57, s. 15.10(a), (b), provides: “(a) For each Collaboration for Prosperity Zone established in G.S. 143B-28.1 , the employees of the Department of Commerce in the zone shall submit a report on or before September 1 of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Joint Legislative Economic Development and Global Engagement Oversight Committee, and the Fiscal Research Division on the following criteria:
“(1) Jobs anticipated to result from efforts of the employees, including the name and contact person of each company creating new jobs in the zone.
“(2) The location of each project, including the development tier designation of the location.
“(3) Project leads that were not submitted to the Department for possible discretionary incentives pursuant to Chapter 143B of the General Statutes.
“(4) Proactive local government outreach to share information and planning services that are available.
“(5) Coordination of regular meetings with Prosperity Zones agency representatives to increase collaboration of services and resources to local communities.
“(6) Completion of strategic economic development plans, downtown revitalization project plans, implementation services, market studies, Geographical Information Systems (GIS) mapping, and assistance with development policies for local governments that can be measured for economic impact, including investment, business growth, and jobs as a result of the planning effort.
“(7) Existing business expansion activities, service requests, and number of contacts and inquiries.
“(8) New business location activities and number of contacts and inquiries.
“(b) The Department of Commerce shall develop performance metrics for Community Planners for the Collaboration for Prosperity Zones established in G.S. 143B-28.1 using the criteria listed in subsection (a) of this section. The Department of Commerce shall submit a report on or before September 1 of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Joint Legislative Economic Development and Global Engagement Oversight Committee, and the Fiscal Research Division detailing the performance metrics and the measurements observed for each Community Planner within the Collaboration for Prosperity Zones.”
Session Laws 2017-57, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2017.’ ”
Session Laws 2017-57, s. 39.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium.”
Session Laws 2017-57, s. 39.6, is a severability clause.
§ 143B-29.
Reserved for future codification purposes.
Part 2. Governor’s Administrative Rules Review Commission.
§§ 143B-29.1 through 143B-29.5. [Repealed]
Repealed by Session Laws 1985, c. 746, s. 7.
Part 3. Rules Review Commission. [Repealed]
§ 143B-30. [Repealed]
Repealed by Session Laws 1991, c. 418, s. 5.
Cross References.
As to an agency’s exercise of its authority to adopt rules, see Article 2A of Chapter 150B, G.S. 150B-18 et seq.
§ 143B-30.1. Rules Review Commission created.
- The Rules Review Commission is created. The Commission shall consist of 10 members to be appointed by the General Assembly, five upon the recommendation of the President Pro Tempore of the Senate, and five upon the recommendation of the Speaker of the House of Representatives. These appointments shall be made in accordance with G.S. 120-121 , and vacancies in these appointments shall be filled in accordance with G.S. 120-122 . Except as provided in subsection (b) of this section, all appointees shall serve two-year terms.
- In 1990, two of the appointments made by the General Assembly upon the recommendation of the President of the Senate shall expire June 30, 1991, and two shall expire June 30, 1992. In 1990, two of the appointments made by the General Assembly upon the recommendation of the Speaker of the House of Representatives shall expire June 30, 1992, and two shall expire June 30, 1993. Subsequent terms shall be for two years.
- Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, ineligibility, death, or disability of any member shall be for the balance of the unexpired term. The chairman shall be elected by the Commission, and he shall designate the times and places at which the Commission shall meet. The Commission shall meet at least once a month. A quorum of the Commission shall consist of six members of the Commission.
- Members of the Commission who are not officers or employees of the State shall receive compensation of two hundred dollars ($200.00) for each day or part of a day of service plus reimbursement for travel and subsistence expenses at the rates specified in G.S. 138-5 . Members of the Commission who are officers or employees of the State shall receive reimbursement for travel and subsistence at the rate set out in G.S. 138-6 .
- The Chief Administrative Law Judge of the Office of Administrative Hearings shall designate, from among the employees of the Office of Administrative Hearings, the staff of the Rules Review Commission.
- The Commission shall prescribe procedures and forms to be used in submitting rules to the Commission for review.
- In the discretion of the Commission, G.S. 114-2.3 and G.S. 147-17(a) through (c1) shall not apply to the Commission if the Commission is being sued by another agency, institution, department, bureau, board, or commission of the State, whether such body is created by the Constitution or by statute. The chairman, upon approval of a majority of the Commission, may retain private counsel to represent the Commission to be paid with available State funds to defend such litigation either independently or in cooperation with the Department of Justice. If private counsel is to be so retained to represent the Commission, the chairman shall designate lead counsel who shall possess final decision-making authority with respect to the representation, counsel, or service for the Commission. Other counsel for the Commission shall, consistent with the Rules of Professional Conduct, cooperate with such designated lead counsel.
History. 1985 (Reg. Sess., 1986), c. 1028, s. 32; 1987 (Reg. Sess., 1988), c. 1111, s. 2; 1989, c. 35, s. 2; 1989 (Reg. Sess., 1990), c. 1038, s. 18; 1991, c. 418, s. 11; 1991 (Reg. Sess., 1992), c. 1030, s. 43; 1995, c. 490, s. 43; 1997-495, s. 90(a), (b); 2004-124, s. 22A.1(b); 2006-66, s. 18.2(f); 2006-221, s. 20; 2009-451, s. 21A.2; 2009-575, s. 19; 2015-196, s. 2; 2015-215, s. 2.7; 2017-57, s. 6.7(e); 2017-102, s. 43.
Editor’s Note.
Session Laws 2004-124, s. 22A.1.(a), provides: “All personnel and equipment presently assigned to the Rules Review Commission for the purpose of carrying out Article 2A of Chapter 150B of the General Statutes, are transferred to the Office of Administrative Hearings by a Type I transfer as defined by G.S. 143A-6(a) . The Chief Administrative Law Judge shall be responsible for the hiring of the Director and other staff of the Rules Review Commission.”
Session Laws 2009-451, s. 21A.2, as originally written, would have amended subsection (d) of G.S. 143B-30.1 , by substituting “two hundred dollars ($200.00)” for “one hundred fifty dollars ($150.00)” in the first sentence of the subsection, effective July 1, 2009. However, Session Laws 2009-451, s. 21A.2 was subsequently amended by Session Laws 2009-575, s. 19, effective July 1, 2009, and now provides: “Notwithstanding G.S 143B-30.1(d), for fiscal year 2010-2011, members of the Rules Review Commission who are not officers or employees of the State shall receive compensation of one hundred fifty dollars ($150.00) for each day or part of a day of service plus reimbursement for travel and subsistence expenses at the rates specified in G.S. 138-5 . Members of the Commission who are officers or employees of the State shall receive reimbursement for travel and subsistence at the rate set out in G.S. 138-6 .”
Session Laws 2009-451, s. 1.2, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2009’.”
Session Laws 2009-451, s. 28.5, is a severability clause.
Effect of Amendments.
Session Laws 2004-124, s. 22A.1(b), effective July 1, 2004, in subsection (c), deleted the former last sentence, which read: “The Commission is an independent agency under Article III, Section 11 of the Constitution,” and added the present last sentence; and in subsection (e), substituted “Chief Administrative Law Judge, Office of Administrative Hearings” for “Commission” at the end of the first sentence.
Session Laws 2006-66, s. 18.2(f), as added by Session Laws 2006-221, s. 20, effective July 1, 2006, in subsection (c), deleted the last sentence, which read: “The Chief Administrative Law Judge, Office of Administrative Hearings, shall be responsible for the hiring and supervision of the Director and staff to the Commission.”; and rewrote subsection (e), which made employee appointments the responsibility of the Administrative Law Judge and made employees nonexempt from the State Personnel Act.
Session Laws 2015-196, s. 2, effective August 5, 2015, and Session Laws 2015-215, s. 2.7, effective August 18, 2015, added subsection (g).
Session Laws 2017-57, s. 6.7(e), effective July 1, 2017, substituted “(a) through (c1)” for “(a) through (c)” in subsection (g).
Session Laws 2017-102, s. 43, effective July 12, 2017, rewrote subsection (e), which formerly read: “The Chief Administrative Law Judge, Office of Administrative Hearings, shall assign the staff and designate the Director of the Commission in accordance with G.S. 7A-760 ”; and deleted the second sentence in (f), which formerly read: “The Commission may have computer access to the North Carolina Administrative Code to enable the Commission and its staff to view and copy rules in the Code.”
OPINIONS OF ATTORNEY GENERAL
An act vesting in the Administrative Rules Review Commission (ARRC), a commission appointed by the General Assembly, the power to delay indefinitely the effective date of duly-adopted agency rules which it deems in excess of statutory authority would likely be held to violate this section by vesting the ARRC with judicial powers reserved to the court and with supreme legislative powers reserved to the General Assembly. See opinion of Attorney General to Henson P. Barnes, President Pro Tempore, Senate, — N.C.A.G. — (February 25, 1991).
§ 143B-30.2. Purpose of Commission.
The Rules Review Commission reviews administrative rules in accordance with Chapter 150B of the General Statutes.
History. 1985 (Reg. Sess., 1986), c. 1028, s. 32; 1987, c. 285, ss. 1-5; 1991, c. 418, s. 12.
Cross References.
As to an agency’s exercise of its authority to adopt rules, see Article 2A of Chapter 150B, G.S. 150B-18 et seq.
OPINIONS OF ATTORNEY GENERAL
An act vesting in the Administrative Rules Review Commission (ARRC), a commission appointed by the General Assembly, the power to delay indefinitely the effective date of duly adopted agency rules which it deems in excess of statutory authority would likely be held to violate this section by vesting the ARRC with judicial powers reserved to the court and with supreme legislative powers reserved to the General Assembly. See opinion of Attorney General to Henson P. Barnes, President Pro Tempore, Senate, 60 N.C. Op. Att'y Gen. 70 (1991).
§ 143B-30.3. [Repealed]
Repealed by Session Laws 1991, c. 418, s. 5.
Cross References.
As to an agency’s exercise of its authority to adopt rules, see Article 2A of Chapter 150B, G.S. 150B-18 et seq.
§ 143B-30.4. Evidence.
Evidence of the Commission’s failure to object to and delay the filing of a rule or its part shall be inadmissible in all civil or criminal trials or other proceedings before courts, administrative agencies, or other tribunals.
History. 1985 (Reg. Sess., 1986), c. 1028, s. 32.
§§ 143B-31 through 143B-48.
Reserved for future codification.
Article 2. Department of Natural and Cultural Resources.
Part 1. General Provisions.
§ 143B-49. Department of Natural and Cultural Resources — creation, powers and duties.
There is hereby created a department to be known as the “Department of Natural and Cultural Resources,” with the organization, duties, functions, and powers defined in the Executive Organization Act of 1973.
History. 1973, c. 476, s. 29; 2002-180, s. 3.2; 2015-241, s. 14.30(s).
Editor’s Note.
Session Laws 2010-31, s. 9.8, provides: “The A+ Schools program is transferred from the University of North Carolina at Greensboro to the North Carolina Arts Council in the Department of Cultural Resources, as if by a Type I transfer as defined in G.S. 143A-6 , with all the elements of such a transfer. The program transfer shall include the sum of fifty-eight thousand six hundred thirty-eight dollars ($58,638).”
Session Laws 2010-31, s. 1.1, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2010’.”
Session Laws 2010-31, s. 32.3, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year.”
Session Laws 2010-31, s. 32.6, is a severability clause.
Session Laws 2012-142, s. 18.3, provides: “The Department of Cultural Resources shall develop comprehensive five-year plans for the Tryon Palace Historic Sites and Gardens and the North Carolina Transportation Museum. The Roanoke Island Commission shall develop a comprehensive five-year plan for the Elizabeth II State Historic Site and Visitor Center, the Elizabeth II, Ice Plant Island, and all other properties under the administration of the Department of Cultural Resources located on Roanoke Island. The plans shall describe in detail revenue and expenditure projections, proposed reductions in scope or expenditures, and each site’s plans to further develop non-State sources of funding in accordance with the reductions in appropriations implemented in S.L. 2011-145, including the feasibility of privatization. The Department and the Roanoke Island Commission shall submit their reports to the Chairs of the House Appropriations Subcommittee on General Government and the Chairs of the Senate Appropriations Committee on General Government and Information Technology by February 1, 2013.”
Session Laws 2012-142, s. 1.2, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2012.’ ”
Session Laws 2012-142, s. 27.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year.”
Session Laws 2012-142, s. 27.7 is a severability clause.
Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: “The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6 :
“(1) The Division of Parks and Recreation.
“(2) The State Parks System, including Mount Mitchell State Park.
“(3) The North Carolina Aquariums Division.
“(4) The North Carolina Zoological Park.
“(5) The North Carolina Museum of Natural Sciences.
“(6) Clean Water Management Trust Fund.
“(7) The Natural Heritage Program, within the Office of Land and Water Stewardship.”
Session Laws 2015-241, s. 14.30(ddd), effective July 1, 2015, rewrote the Article heading, which read: “Department of Cultural Resources.”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in the section heading and text.
§ 143B-50. Duties of the Department.
It shall be the duty of the Department to do the following:
- To provide the necessary management, development of policy and establishment and enforcement of standards for the furtherance of resources, services and programs involving the arts and the historical and cultural aspects of the lives of the citizens of North Carolina.
- To provide and keep a museum or collection of the natural history of the State and to maintain the North Carolina Biological Survey.
History. 1973, c. 476, s. 30; 2015-241, s. 14.30(fff).
Study Further Efficiencies in Organization of Department of Natural and Cultural Resources and Department of Environmental Quality.
Session Laws 2015-241, s. 14.31(a), (b), provides: “(a) The Department of Cultural Resources, in consultation with the Department of Environment and Natural Resources and the Wildlife Resources Commission, shall study and report on the potential for efficiency, cost savings, and alignment of core mission and values that would be created from the transfer of the following agencies, divisions, or programs to the reorganized Department of Natural and Cultural Resources created by Section 14.30 of this act:
“(1) Albemarle-Pamlico National Estuary Partnership.
“(2) Coastal Reserves Program.
“(3) Office of Land and Water Stewardship.
“(4) All or a portion of the Office of Environmental Education and Public Affairs.
“(5) Division of Marine Fisheries.
“(6) Wildlife Resources Commission.
“(b) The Department shall report as required by subsection (a) of this section no later than April 1, 2016, to the chairs of the Senate Appropriations Committee on Natural and Economic Resources, the chairs of the House Appropriations Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division.”
Editor’s Note.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(fff), effective July 1, 2015, inserted “to do the following: (1)” and added subdivision (2).
§ 143B-50.1. Additional powers and duties of the Department regarding recreation.
- Definition. — As used in this section, “recreation” means those interests that are diversionary in character and that aid in promoting entertainment, pleasure, relaxation, instruction, and other physical, mental, and cultural developments and experiences of a leisure nature, and includes all governmental, private nonprofit, and commercial recreation forms of the recreation field and includes parks, conservation, recreation travel, the use of natural resources, wilderness, and high density recreation types and the variety of recreation interests in areas and programs which are incorporated in this range.
-
Recreation. — The Department shall have the following powers and duties with respect to recreation:
- To study and appraise the recreation needs of the State and to assemble and disseminate information relative to recreation.
- 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.
- To aid in recruiting, training, and placing recreation workers, and to promote recreation institutes and conferences.
- To establish and promote recreation standards.
- 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.
- 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.
- 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.
- 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.
- 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 State Budget Act. The Director of the Department’s Division of Parks and Recreation is designated as the State liaison officer with respect to 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.
History. 2019-20, s. 4(a), (c); 2020-78, s. 8.1.
Editor’s Note.
This section is former G.S. 143-323(a) and (d), recodified as subsections (b) and (c) of this section by Session Laws 2019-20, s. 4(a).
Session Laws 2019-20, s. 5, made this section effective June 3, 2019.
Session Laws 2020-78, s. 22.1, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium.”
Session Laws 2020-78, s. 22.3, is a severability clause.
Effect of Amendments.
Session Laws 2019-20, s. 4(c), effective June 3, 2019, added subsection (a); deleted “of Environmental Quality” following “Department” in the introductory language of subsection (b); and, in subsection (c), substituted “State Budget Act” for “Executive Budget Act” at the end of the first sentence and added the last sentence.
Session Laws 2020-78, s. 8.1, effective July 1, 2020, substituted “is designated as the State liaison officer with respect to” for “shall be designated as having the authority and responsibility to accept and administer” in the last sentence of subsection (c).
§ 143B-51. Functions of the Department.
- The functions of the Department of Natural and Cultural Resources shall comprise, except as otherwise expressly provided by the Executive Organization Act of 1973 or by the Constitution of North Carolina, all executive functions of the State in relation to the development and preservation of libraries, historical records, sites and property, and of an appreciation of art and music and further including those prescribed powers, duties, and functions enumerated in Article 17 of Chapter 143A of the General Statutes of this State.
-
All such functions, powers, duties, and obligations heretofore vested in any agency enumerated in Article 17 of Chapter 143A of the General Statutes are hereby transferred to and vested in the Department of Natural and Cultural Resources except as otherwise provided by the Executive Organization Act of 1973. They shall include, by way of extension and not of limitation, the functions of:
- The Secretary and Department of Art, Culture and History;
- The State Department of Archives and History;
- The North Carolina Advisory Council on Historic Preservation;
- The North Carolina State Library;
- The Interstate Library Compact;
- The North Carolina Museum of Art;
- Repealed by Session Laws 2012-120, s. 1(c), effective October 1, 2012.
- The North Carolina Symphony Society, Inc.;
- The State Art Museum Building Commission;
- The Library Certification Board;
- The Tryon Palace Commission;
- The North Carolina Arts Council;
- The U.S.S. North Carolina Battleship Commission;
-
, (15) Repealed by Session Laws 2015-184, s. 6, effective August 5, 2015.
(16) The Executive Mansion Fine Arts Commission;
(17) Repealed by Session Laws 2015-184, s. 6, effective August 5, 2015.
(18) The North Carolina Awards Commission;
(19) Repealed by Session Laws 2015-184, s. 6, effective August 5, 2015.
(20) The Roanoke Island Historical Association, Inc.;
(21) through (23) Repealed by Session Laws 2015-184, s. 6, effective August 5, 2015.
(24) The Edenton Historical Commission;
(25) The Historic Bath Commission;
(26) The Historic Hillsborough Commission; and
(27) Repealed by Session Laws 2015-184, s. 6, effective August 5, 2015.
(28) The Historic Murfreesboro Commission.
(29) through (39) Repealed by Session Laws 2015-184, s. 6, effective August 5, 2015.
History. 1973, c. 476, s. 31; 2012-120, s. 1(c); 2015-184, s. 6; 2015-241, s. 14.30(s).
Cross References.
As to allotments from the Contingency and Emergency Fund of the State to outdoor historical dramas, see G.S. 143-204.8 .
Editor’s Note.
Article 17 of Chapter 143A, referred to in this section, was repealed by Session Laws 1973, c. 476, which enacted this Chapter.
Effect of Amendments.
Session Laws 2012-120, s. 1(c), effective October 1, 2012, repealed subdivision (b)(7), which read: “The North Carolina State Art Society, Inc.”
Session Laws 2015-184, s. 6, effective August 5, 2015, deleted subdivisions (b)(14), (15), (17), (19), (21) through (23), (27), and (29) through (39) and made related changes.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in subsection (a) and in the introductory language of subsection (b).
§ 143B-52. Head of the Department.
The Secretary of Natural and Cultural Resources shall be the head of the Department.
History. 1973, c. 476, s. 32; 2015-241, s. 14.30(t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources.”
§ 143B-53. Organization of the Department.
- The Department of Cultural Resources shall be organized initially to include the Art Commission, the Art Museum Building Commission, the North Carolina Historical Commission, the Tryon Palace Commission, the U.S.S. North Carolina Battleship Commission, the Executive Mansion Fine Arts Committee, the North Carolina Awards Committee, the North Carolina Arts Council, the Public Librarian Certification Commission, the State Library Commission, the North Carolina Symphony Society, Inc., and the Division of the State Library, the Division of Archives and History, the Division of the Arts, and such other divisions as may be established under the provisions of the Executive Organization Act of 1973.
-
The Department of Natural and Cultural Resources shall include the currently existing entities listed in subsection (a) of this section and the following additional entities:
- The Parks and Recreation Division.
- The State Parks System, including Mount Mitchell State Park.
- The North Carolina Aquariums Division.
- The North Carolina Zoological Park.
- The Museum of Natural Sciences.
- The Clean Water Management Trust Fund.
-
The Natural Heritage Program.
(6) North Carolina Parks and Recreation Authority.
(7) North Carolina Trails Committee.
- North Carolina Zoological Park Council.
- Advisory Commission for North Carolina State Museum of Natural Sciences.
History. 1973, c. 476, s. 33; 1981, c. 918, s. 1; 2006-66, s. 22.22(e); 2006-221, s. 23; 2012-120, s. 1(d); 2015-184, s. 7; 2015-241, s. 14.30(ggg).
Study Further Efficiencies in Organization of Department of Natural and Cultural Resources and Department of Environmental Quality.
Session Laws 2015-241, s. 14.31(a), (b), provides: “(a) The Department of Cultural Resources, in consultation with the Department of Environment and Natural Resources and the Wildlife Resources Commission, shall study and report on the potential for efficiency, cost savings, and alignment of core mission and values that would be created from the transfer of the following agencies, divisions, or programs to the reorganized Department of Natural and Cultural Resources created by Section 14.30 of this act:
“(1) Albemarle-Pamlico National Estuary Partnership.
“(2) Coastal Reserves Program.
“(3) Office of Land and Water Stewardship.
“(4) All or a portion of the Office of Environmental Education and Public Affairs.
“(5) Division of Marine Fisheries.
“(6) Wildlife Resources Commission.
“(b) The Department shall report as required by subsection (a) of this section no later than April 1, 2016, to the chairs of the Senate Appropriations Committee on Natural and Economic Resources, the chairs of the House Appropriations Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division.”
Editor’s Note.
Session Laws 2010-31, s. 9.8, provides: “The A+ Schools program is transferred from the University of North Carolina at Greensboro to the North Carolina Arts Council in the Department of Cultural Resources, as if by a Type I transfer as defined in G.S. 143A-6 , with all the elements of such a transfer. The program transfer shall include the sum of fifty-eight thousand six hundred thirty-eight dollars ($58,638).”
Session Laws 2010-31, s. 1.1, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2010’.”
Session Laws 2010-31, s. 32.3, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year.”
Session Laws 2010-31, s. 32.6, is a severability clause.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2006-66, s. 22.22(e), as added by Session Laws 2006-221, s. 23, effective July 1, 2006, substituted “North Carolina State Art Society” for “North Carolina Art Society.”
Session Laws 2012-120, s. 1(d), effective October 1, 2012, deleted “the North Carolina State Art Society” following “North Carolina Symphony Society, Inc.”
Session Laws 2015-184, s. 7, effective August 5, 2015, deleted “the Sir Walter Raleigh Commission,” “the American Revolution Bicentennial Committee,” and “the America’s Four Hundredth Anniversary Committee” in the first paragraph.
Session Laws 2015-241, s. 14.30(ggg), effective July 1, 2015, inserted the subsection (a) designation and added subsection (b).
§ 143B-53.1. Appropriation, allotment, and expenditure of funds for historic and archeological property.
The Department of Natural and Cultural Resources may not expend any State funds for the acquisition, preservation, restoration, or operation of historic or archeological real and personal property, and the Director of the Budget may not allot any appropriations to the Department of Natural and Cultural Resources for a particular historic site until (i) the property or properties shall have been approved for such purpose by the Department of Natural and Cultural Resources according to criteria adopted by the North Carolina Historical Commission, (ii) the report and recommendation of the North Carolina Historical Commission has been received and considered by the Department of Natural and Cultural Resources, and (iii) the Department of Natural and Cultural Resources has found that there is a feasible and practical method of providing funds for the acquisition, restoration and/or operation of such property.
History. 1963, c. 210, s. 3; 1973, c. 476, s. 48; 1985 (Reg. Sess; 1986; 2006-203, s. 7; 2015-241, s. 14.30(s).
Editor’s Note.
This section was formerly G.S. 143-31.2. It was recodified pursuant to Session Laws 2006-203, s. 7, effective July 1, 2007.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” throughout the section.
§ 143B-53.2. Salaries, promotions, and leave of employees of the North Carolina Department of Natural and Cultural Resources.
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and (b) Repealed by Session Laws 2007-484, s. 9(b), effective August 30, 2007.
(c) The exemptions to Chapter 126 of the General Statutes authorized by G.S. 126-5(c11) for the employees of the Department of Natural and Cultural Resources listed in that subsection shall be used to develop organizational classification and compensation innovations that will result in the enhanced efficiency of operations. The Office of State Human Resources shall assist the Secretary of Natural and Cultural Resources in the development and implementation of an organizational structure and human resources programs that make the most appropriate use of the exemptions, including (i) a system of job categories or descriptions tailored to the agency’s needs; (ii) policies regarding paid time off for agency personnel and the voluntary sharing of such time off; and (iii) a system of uniform performance assessments for agency personnel tailored to the agency’s needs. The Secretary of Natural and Cultural Resources may, under the supervision of the Office of State Human Resources, develop and implement organizational classification and compensation innovations having the potential to benefit all State agencies.
History. 2006-204, s. 3; 2007-484, s. 9(b); 2013-382, s. 9.1(c); 2015-241, s. 14.30(s), (x).
Editor’s Note.
Session Laws 2006-204, s. 3, enacted this section as G.S. 143B-54 ; it was recodified as G.S. 143B-53.2 at the direction of the Revisor of Statutes.
Session Laws 2013-382, s. 9.1(b), provides: “The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:
“(1) The State Personnel Commission is renamed the ‘North Carolina Human Resources Commission.’
“(2) The Office of State Personnel is renamed the ‘North Carolina Office of State Human Resources.’
“(3) The State Personnel Director is renamed the ‘Director of the North Carolina Office of State Human Resources.’ ”
Session Laws 2013-382, s. 9.1(c), provides: “Modification of References. — The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary.”
Effect of Amendments.
Session Laws 2007-484, s. 9(b), effective August 30, 2007, deleted subsections (a) and (b) which listed state employees exempt from the classification and compensation rules in the first sentence; and, in subsection (c), inserted “to Chapter 126 of the General Statutes” and substituted “G.S. 126-5(c11) for the employees of the Department of Cultural Resources listed in that subsection” for “subsection (a) of this section and enumerated in subsection (b) of this section.”
Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted “Office of State Human Resources” for “Office of State Personnel” twice in subsection (c).
Session Laws 2015-241, s. 14.30(s), (x), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” twice and substituted “Secretary of Natural and Cultural Resources” for “Secretary of the Department of Cultural Resources” twice.
§ 143B-53.3. Queen Anne’s Revenge Project.
- Fund. — The Queen Anne’s Revenge Project Special Fund is created as a special, interest-bearing revenue fund within the Department of Natural and Cultural Resources, Office of Archives and History. The Fund shall consist of all receipts derived from donations, gifts, devises, and earned revenue. The monies in the Fund may be used only for contracted services, personal services and operations, conference and meeting expenses, travel, staff salaries, operations for laboratory needs, museum exhibits, and other administrative costs related to the Queen Anne’s Revenge Project. The staff of the Office of Archives and History and the Department of Natural and Cultural Resources shall determine how the funds shall be used for the purposes of the Queen Anne’s Revenge Project, and those funds are hereby appropriated for those purposes.
- Application. — This section applies to the Queen Anne’s Revenge, the historic shipwreck owned by the State and managed by the Department of Natural and Cultural Resources, Office of Archives and History.
- Reports. — The Department of Natural and Cultural Resources shall submit a report by September 30 of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, the chairs of the Senate Appropriations Committee on Natural and Economic Resources, and the Fiscal Research Division. This report shall include the source and amount of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year.
History. 2014-100, s. 19.4; 2015-241, s. 14.30(s), (hhh); 2017-57, ss. 14.1(dd), 14.3(d).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), (hhh), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” throughout the section; and substituted “chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, the chairs of the Senate Appropriations Committee on Natural and Economic Resources,” for “House of Representatives Appropriations Subcommittee on General Government, the Senate Appropriations Committee on General Government and Information Technology,” in subsection (c).
Session Laws 2017-57, ss. 14.1(dd) and 14.3(d), effective July 1, 2017, substituted “Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources” for “Joint Legislative Commission on Governmental Operations” in subsection (c); and in subsection (a), substituted “donations, gifts, devises” for “private donations, grant funds” in the second sentence and substituted “shall be used” for “will be used” in the last sentence.
§ 143B-53.10. Annual report on fees.
The Department of Natural and Cultural Resources shall submit a report by October 15 of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources on fees charged in the previous fiscal year at all historic sites, museums, aquariums, and State parks and at the North Carolina Zoological Park and the U.S.S. North Carolina Battleship. The report shall include all of the following:
- For each site, the amount and type of fees charged.
- For each site, the total amount collected by type of fee and how the funds were expended.
- Visitor information for each site, including a breakdown of fee-paying visitors and visitors whose fees were waived, such as visitors in school groups.
- Any fee changes and a justification for any increases or decreases.
- Number of days the site was open to visitors.
- Plans, if known, to change fees in the upcoming year.
History. 2020-78, s. 8.2(a).
Editor’s Note.
Session Laws 2020-78, s. 22.1, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium.”
Session Laws 2020-78, s. 22.3, is a severability clause.
Session Laws 2020-78, s. 22.4 made this section effective July 1, 2020.
Part 2. Art Commission.
§§ 143B-54 through 143B-57. [Repealed]
Repealed by Session Laws 1979, 2nd Session, c. 1306, s. 5.
Cross References.
For present provisions as to the administration of the North Carolina Museum of Art, see G.S. 140-5.12 et seq.
Part 3. Art Museum Building Commission.
§§ 143B-58 through 143B-61.1. [Repealed]
Repealed by Session Laws 2000-140, s. 78, effective July 21, 2000.
Part 4. North Carolina Historical Commission.
§ 143B-62. North Carolina Historical Commission — creation, powers and duties.
There is hereby created the North Carolina Historical Commission of the Department of Natural and Cultural Resources to give advice and assistance to the Secretary of Natural and Cultural Resources and to promulgate rules and regulations to be followed in the acquisition, disposition, preservation, and use of records, artifacts, real and personal property, and other materials and properties of historical, archaeological, architectural, or other cultural value, and in the extension of State aid to other agencies, counties, municipalities, organizations, and individuals in the interest of historic preservation.
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The Historical Commission shall have the following powers and duties:
- To advise the Secretary of Natural and Cultural Resources on the scholarly editing, writing, and publication of historical materials to be issued under the name of the Department.
- To evaluate and approve proposed nominations of historic, archaeological, architectural, or cultural properties for entry on the National Register of Historic Places.
- To evaluate and approve the State plan for historic preservation as provided for in Chapter 121.
- To evaluate and approve historic, archaeological, architectural, or cultural properties proposed to be acquired and administered by the State.
- To evaluate and prepare a report on its findings and recommendations concerning any property not owned by the State for which State aid or appropriations are requested from the Department of Natural and Cultural Resources, and to submit its findings and recommendations in accordance with Chapter 121.
- To serve as an advisory and coordinative mechanism in and by which State undertakings of every kind that are potentially harmful to the cause of historic preservation within the State may be discussed, and where possible, resolved, particularly by evaluating and making recommendations concerning any State undertaking which may affect a property that has been entered on the National Register of Historic Places as provided for in Chapter 121 of the General Statutes of North Carolina.
- To exercise any other powers granted to the Commission by provisions of Chapter 121 of the General Statutes of North Carolina.
- To give its professional advice and assistance to the Secretary of Natural and Cultural Resources on any matter which the Secretary may refer to it in the performance of the Department’s duties and responsibilities provided for in Chapter 121 of the General Statutes of North Carolina.
- To serve as a search committee to seek out, interview, and recommend to the Secretary of Natural and Cultural Resources one or more experienced and professionally trained historian(s) for either the position of Deputy Secretary of Archives and History when a vacancy occurs, and to assist and cooperate with the Secretary in periodic reviews of the performance of the Deputy Secretary.
- To assist and advise the Secretary of Natural and Cultural Resources and the Deputy Secretary of Archives and History in the development and implementation of plans and priorities for the State’s historical programs.
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The Historical Commission shall have the power and duty to establish standards and provide rules and regulations as follows:
- For the acquisition and use of historical materials suitable for acceptance in the North Carolina Office of Archives and History.
- For the disposition of public records under provisions of Chapter 121 of the General Statutes of North Carolina.
- For the certification of records in the North Carolina State Archives as provided in Chapter 121 of the General Statutes of North Carolina.
- For the use by the public of historic, architectural, archaeological, or cultural properties as provided in Chapter 121 of the General Statutes of North Carolina.
- For the acquisition of historic, archaeological, architectural, or cultural properties by the State.
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For the extension of State aid or appropriations through the Department of Natural and Cultural Resources to counties, municipalities, organizations, or individuals for the purpose of historic preservation or restoration.
f1. For the extension of State aid or appropriations through the Department of Natural and Cultural Resources to nonstate-owned nonprofit history museums.
- For qualification for grants-in-aid or other assistance from the federal government for historic preservation or restoration as provided in Chapter 121 of the General Statutes of North Carolina. This section shall be construed liberally in order that the State and its citizens may benefit from such grants-in-aid.
- The Commission shall adopt rules and regulations consistent with the provisions of this section. All current rules and regulations heretofore adopted by the Executive Board of the State Department of Archives and History, the Historic Sites Advisory Committee, the North Carolina Advisory Council on Historical Preservation, and the Executive Mansion Fine Arts Commission shall remain in full force and effect unless and until repealed or superseded by action of the Historical Commission. All rules and regulations adopted by the Commission shall be enforced by the Department of Natural and Cultural Resources.
History. 1973, c. 476, s. 44; 1977, c. 513, s. 2; 1979, c. 861, s. 6; 1985 (Reg. Sess., 1986), c. 1014, s. 171(f); 1997-411, ss. 1-3; 2002-159, s. 35(k); 2015-184, s. 8; 2015-241, s. 14.30(s), (t).
Effect of Amendments.
Session Laws 2015-184, s. 8, effective August 5, 2015, deleted “and the Memorials Commission” following “Executive Mansion Fine Arts Commission” in subdivision (3) and made related changes.
Session Laws 2015-241, s. 14.30(s), (t), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” and substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” throughout the section.
§ 143B-63. Historical Commission — members; selection; quorum; compensation.
The Historical Commission of the Department of Natural and Cultural Resources shall consist of 11 members appointed by the Governor.
The members of the North Carolina Historical Commission shall include the members of the existing North Carolina Historical Commission who shall serve for a period equal to the remainder of their current terms on the Commission, plus four additional appointees of the Governor, two of whose appointments shall expire March 31, 1979, and two of whose appointments shall expire March 31, 1981. At the end of the respective terms of office of the members, their successors shall be appointed for terms of six years and until their successors are appointed and qualify. Of the members, at least five shall have professional training or experience in the fields of archives, history, historic preservation, historic architecture, archaeology, or museum administration, including at least three currently involved in the teaching of history at the college or university level or in administering archives or historical collections or programs. Any appointment to fill a vacancy on the Commission created by resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.
The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance according to the provisions of G.S. 143B-13 of the Executive Organization Act of 1973.
The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5 .
A majority of the Commission shall constitute a quorum for the transaction of business.
All clerical and other services required by the Commission shall be supplied by the Secretary of Natural and Cultural Resources.
History. 1973, c. 476, s. 45; 1977, c. 513, s. 1; 2015-241, s. 14.30(s), (t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), (t), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in the first paragraph and substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in the last paragraph.
§ 143B-64. Historical Commission — officers.
The Historical Commission shall have a chairman and a vice-chairman. The chairman shall be designated by the Governor from among the members of the Commission to serve as chairman at the pleasure of the Governor. The vice-chairman shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of his regularly appointed term.
History. 1973, c. 476, s. 46.
§ 143B-65. Historical Commission — regular and special meetings.
The Historical Commission shall meet at least twice per year and may hold special meetings at any time and place within the State at the call of the chairman or upon the written request of at least four members.
History. 1973, c. 476, s. 42.
Part 5. Archaeological Advisory Committee.
§ 143B-66. [Repealed]
Repealed by Session Laws 1985 (Regular Session, 1986), c. 1028, s. 10.
Part 6. Public Librarian Certification Commission.
§ 143B-67. Public Librarian Certification Commission — creation, powers and duties.
There is hereby created the Public Librarian Certification Commission of the Department of Natural and Cultural Resources with the power and duty to adopt rules and regulations to be followed in the certification of public librarians. The Commission is authorized to establish and require written examinations for certified public librarian applicants.
The Commission shall adopt such rules and regulations consistent with the provisions of this Chapter. All rules and regulations consistent with the provisions of this Chapter heretofore adopted by the Library Certification Board shall remain in full force and effect unless and until repealed or superseded by action of the Public Librarian Certification Commission. All rules and regulations adopted by the Commission shall be enforced by the Department of Natural and Cultural Resources.
History. 1973, c. 476, s. 49; 1981 (Reg. Sess., 1982), c. 1359, s. 4; 2015-241, s. 14.30(s).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in the first and second paragraphs.
§ 143B-68. Public Librarian Certification Commission — members; selection; quorum; compensation.
The Public Librarian Certification Commission of the Department of Natural and Cultural Resources shall consist of five members as follows: (i) the chairman of the public libraries section of the North Carolina Library Association, (ii) two individuals named by the Governor upon the nomination of the North Carolina Library Association, (iii) the dean, department chair, program director, or equivalent of a State or regionally accredited graduate school of librarianship in North Carolina appointed by the Governor, and (iv) one member at large appointed by the Governor.
The members shall serve four-year terms or while holding the appropriate chairmanship. Any appointment to fill a vacancy created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.
The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, and nonfeasance according to the provisions of G.S. 143B-13 of the Executive Organization Act of 1973.
The members of the Commission shall receive per diem, and necessary travel expenses in accordance with the provisions of G.S. 138-5 .
A majority of the Commission shall constitute a quorum for the transaction of business.
All clerical and other services required by the Commission shall be supplied by the Secretary of the Department through the regular staff of the Department.
History. 1973, c. 476, s. 50; 2015-241, s. 14.30(s); 2017-212, s. 8.12; 2020-74, s. 19(a).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in the first paragraph.
Session Laws 2017-212, s. 8.12, effective October 8, 2017, in the first paragraph, deleted subdivision (i), which formerly read: “the chairman of the North Carolina Association of Library Trustees,” redesignated the remaining subdivisions accordingly, substituted “two individuals” for “one individual” at the beginning of subdivision (ii), and made a minor punctuation change; and in the second undesignated paragraph, substituted “chairmanship” for “chairmanships” following “appropriate” in the first sentence.
Session Laws 2020-74, s. 19(a), effective July 1, 2020, added “department chair, program director, or equivalent” in (iii) in the first paragraph.
§ 143B-69. Public Librarian Certification Commission — officers.
The Public Librarian Certification Commission shall have a chairman and a vice-chairman. The chairman shall be designated by the Governor from among the members of the Commission to serve as chairman at his pleasure. The vice-chairman shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of his regularly appointed term.
History. 1973, c. 476, s. 51.
§ 143B-70. Public Librarian Certification Commission — regular and special meetings.
The Public Librarian Certification Commission shall meet at least once in each quarter and may hold special meetings at any time and place within the State at the call of the chairman or upon the written request of at least three members.
History. 1973, c. 476, s. 52.
Part 7. Tryon Palace Commission.
§ 143B-71. Tryon Palace Commission — creation, powers, and duties.
There is hereby created the Tryon Palace Commission of the Department of Natural and Cultural Resources with the power and duty to adopt, amend, and rescind rules and regulations concerning the restoration and maintenance of the Tryon Palace complex, and with other powers and duties as provided in Article 2 of Chapter 121 of the General Statutes, including the authority to charge reasonable admission and related activity fees. The Commission is exempt from the requirements of Chapter 150B of the General Statutes and G.S. 12-3.1 when adopting, amending, or repealing rules for operating hours and admission fees or related activity fees at Tryon Palace Historic Sites and Gardens.
History. 1973, c. 476, s. 54; 2013-297, s. 2(b); 2013-360, s. 19.2(b); 2014-100, s. 19.5(b); 2015-241, s. 14.30(s); 2017-57, s. 14.1(cc); 2020-78, s. 8.2(c).
Editor’s Note.
Session Laws 2012-142, s. 18.3, provides: “The Department of Cultural Resources shall develop comprehensive five-year plans for the Tryon Palace Historic Sites and Gardens and the North Carolina Transportation Museum. The Roanoke Island Commission shall develop a comprehensive five-year plan for the Elizabeth II State Historic Site and Visitor Center, the Elizabeth II, Ice Plant Island, and all other properties under the administration of the Department of Cultural Resources located on Roanoke Island. The plans shall describe in detail revenue and expenditure projections, proposed reductions in scope or expenditures, and each site’s plans to further develop non-State sources of funding in accordance with the reductions in appropriations implemented in S.L. 2011-145, including the feasibility of privatization. The Department and the Roanoke Island Commission shall submit their reports to the Chairs of the House Appropriations Subcommittee on General Government and the Chairs of the Senate Appropriations Committee on General Government and Information Technology by February 1, 2013.”
Session Laws 2012-142, s. 1.2, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2012.’ ”
Session Laws 2012-142, s. 27.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year.”
Session Laws 2012-142, s. 27.7, is a severability clause.
Session Laws 2020-78, s. 22.1, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium.”
Session Laws 2020-78, s. 22.3, is a severability clause.
Effect of Amendments.
Session Laws 2013-297, s. 2(b), effective July 18, 2013, deleted “such” preceding “other powers” and added “including the authority to charge reasonable admission and related activity fees.”
Session Laws 2013-360, s. 19.2(b), effective July 1, 2013, added the last two sentences.
Session Laws 2014-100, s. 19.5(b), effective July 1, 2014, inserted “and G.S 12-3.1” and “operating hours and” in the next-to-last sentence.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in the first sentence.
Session Laws 2017-57, s. 14.1(cc), effective July 1, 2017, substituted “Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division” for “Joint Legislative Commission on Governmental Operations.”
Session Laws 2020-78, s. 8.2(b), effective July 1, 2020, deleted “of North Carolina” following “Statutes” in the first sentence, deleted the last sentence which formerly read: “The Commission shall submit a report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on the amount and purpose of a fee change within 30 days following its effective date.” and made a minor punctuation and stylistic change.
§ 143B-72. Tryon Palace Commission — members; selection; quorum; compensation.
The Tryon Palace Commission of the Department of Natural and Cultural Resources shall consist of the following members: 25 voting members appointed by the Governor, nonvoting members emeriti appointed by the Governor, and five voting ex officio members as provided in this section.
The Governor shall appoint 25 voting members. The terms of the initial members shall be staggered as follows: Nine of the members shall be appointed to serve four-year terms, eight of the members shall be appointed to serve three-year terms, and eight of the members shall be appointed to serve two-year terms. At the end of the respective terms of office of the initial appointed members of the Commission, the appointments of their successors, with the exception of ex officio members and members emeriti, shall be for terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Commission shall be for the balance of the unexpired term. The Governor shall designate the chair of the Tryon Palace Commission. The other officers of the Tryon Palace Commission shall be elected by the members of the Tryon Palace Commission.
The Governor may also appoint any person who has previously served on the Tryon Palace Commission with distinction to the Commission as a member emeritus. A person appointed as a member emeritus shall be deemed a lifetime member of the Commission and shall serve as a nonvoting member.
In addition to the members who are appointed by the Governor, the Attorney General, the Secretary of Natural and Cultural Resources or the Secretary’s designee, the mayor of the City of New Bern, the Dean of the College of Arts and Sciences at East Carolina University, and the chairman of the Board of County Commissioners of Craven County shall serve as voting ex officio members of said Commission. The provisions of the Executive Organization Act of 1973 pertaining to the residence of members of commissions shall not apply to the Tryon Palace Commission.
A majority of the voting members of the Commission shall constitute a quorum for the transaction of business.
The members of the Commission shall serve without pay and without expense allowance.
History. 1973, c. 476, s. 55; 1977, c. 771, s. 4; 1979, c. 151, s. 1; 1993, c. 109, s. 1; 2015-241, s. 14.30(s), (t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), (t), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in the first paragraph and substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in the fourth paragraph.
Part 8. U.S.S. North Carolina Battleship Commission.
§ 143B-73. U.S.S. North Carolina Battleship Commission — creation, powers, and duties.
There is hereby created the U.S.S. North Carolina Battleship Commission of the Department of Natural and Cultural Resources with the power and duty to adopt, amend, and rescind rules under and not inconsistent with the laws of this State necessary in carrying out the provisions and purposes of this Part, including the following:
- The U.S.S. North Carolina Battleship Commission is authorized and empowered to adopt such rules not inconsistent with the management responsibilities of the Secretary of the Department provided by Chapter 143A of the General Statutes and laws of this State and this Chapter that may be necessary and desirable for the operation and maintenance of the U.S.S. North Carolina as a permanent memorial and exhibit commemorating the heroic participation of the men and women of North Carolina in the prosecution and victory of the Second World War and for the faithful performance and fulfillment of its duties and obligations.
- The U.S.S. North Carolina Battleship Commission shall have the power and duty to charge reasonable admission and related activity fees for admission to the ship and to establish standards and adopt rules for the maintenance and operation of the ship as a permanent memorial and exhibit.
- The Commission shall adopt rules consistent with the provisions of this Chapter. The Commission is exempt from the requirements of Chapter 150B of the General Statutes and G.S. 12-3.1 when adopting, amending, or repealing rules for operating hours and admission fees or related activity fees at the U.S.S. North Carolina Battleship.
History. 1973, c. 476, s. 57; 1977, c. 741, s. 3; 2013-360, s. 19.2(c); 2014-100, s. 19.5(c); 2015-241, s. 14.30(s); 2017-57, s. 14.1(cc); 2021-180, s. 14.2(a).
Editor's Note.
Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”
Session Laws 2021-180, s. 43.7, is a severability clause.
Effect of Amendments.
Session Laws 2013-360, s. 19.2(c), effective July 1, 2013, added the last two sentences in subdivision (3).
Session Laws 2014-100, s. 19.5(c), effective July 1, 2014, inserted “and G.S 12-3.1” and “operating hours and” in the second sentence of subdivision (3).
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in the introductory paragraph.
Session Laws 2017-57, s. 14.1(cc), effective July 1, 2017, substituted “Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division” for “Joint Legislative Commission on Governmental Operations” in subsection (3).
Session Laws 2021-180, s. 14.2(a), effective July 1, 2021, in the introductory paragraph, deleted “and regulations”; substituted “Part, including the following:” for “Part.”; in subsection (2), added “charge reasonable admission and related activity fees for admission to the ship and to”; deleted “and regulations: (i) establishing and providing for a proper charge for admission to the ship; and (ii)”; in subsection (3), deleted “and regulations” after “rules” in the first sentence; deleted the last sentence, which read “The Commission shall submit a report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on the amount and purpose of a fee change within 30 days following its effective date.”
§ 143B-73.1. U.S.S. North Carolina Battleship Commission — duties.
The Commission shall have the further duty and authority to select an appropriate site for the permanent berthing of the Battleship U.S.S. North Carolina, taking into consideration factors including, but not limited to, the accessibility, location in relation to roads and highways, scenic attraction, protection from hazards of weather, fire and sea, cost of site and berthing, cooperation of local governmental authorities in securing, equipping, and maintaining appropriate areas surrounding the site, and others which may affect the suitability of such site for establishment of the ship as a permanent memorial and exhibit; to accept gifts, grants, and donations for the purposes of this Article; to transport to, and berth the ship at the site; to ready the ship for visitation by the public; to establish and provide for a proper charge for admission to the ship, and for safekeeping of funds; to maintain and operate the ship as a permanent memorial and exhibit; to acquire property, both real and personal, with the approval of the Governor and the Council of State, and to accept donations of property, both real and personal, from any source; to establish, supervise, manage and maintain in New Hanover County with the approval and assistance of the Department of Natural and Cultural Resources exhibits, dramas, cultural activities, museums, and records pertaining to the marine and naval history of the State of North Carolina and the United States of America; to identify, preserve and protect properties having historical, marine and naval significance to New Hanover County, the State, its communities and counties and the nation; to establish and provide for a proper charge for admission to all properties maintained and operated by the Commission in New Hanover County; to otherwise provide in carrying out its duties for the establishment of appropriate activities to encourage interest in the marine and naval history of North Carolina; to perpetuate the memory of North Carolinians who gave their lives in the course of World War II and in the events in which the battleship was a participant, and to allocate funds for the fulfillment of the duties and authority herein provided as may be necessary and appropriate for the purpose of this Article.
History. 1961, c. 158; 1977, c. 741, ss. 1, 8; 2015-241, s. 14.30(s).
Editor’s Note.
This section was formerly G.S. 143-366 . It was amended and recodified as G.S. 143B-73.1 by Session Laws 1977, c. 741.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources.”
§ 143B-74. U.S.S. North Carolina Battleship Commission — members; selection; quorum; compensation.
The U.S.S. North Carolina Battleship Commission of the Department of Natural and Cultural Resources shall consist of 18 members including the Secretary of Natural and Cultural Resources and the Secretary of Commerce who shall serve as voting ex officio members. The members of the Commission appointed for terms to end in 1991 shall serve for an additional two-year period. At the end of the respective terms of office of the members of the Commission serving in 1991, their successors shall be appointed for terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term. The provisions of the Executive Organization Act of 1973 pertaining to the residence of members of commissions shall not apply to the U.S.S. North Carolina Battleship Commission.
The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of G.S. 143B-13 of the Executive Organization Act of 1973.
The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5 .
A majority of the Commission shall constitute a quorum for the transaction of business. The Governor shall designate from among the members of the Commission a chairman, vice-chairman and treasurer. The Secretary of Natural and Cultural Resources or his designee shall serve as Secretary of the Commission. The Commission shall meet at least twice annually upon the call of the chairman, the Secretary of Natural and Cultural Resources, or any seven members of the Commission.
History. 1973, c. 476, s. 58; 1977, c. 741, s. 4; 1991, c. 73, s. 1; 1991 (Reg. Sess., 1992), c. 959, s. 39; 2015-241, s. 14.30(s), (t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), (t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” throughout the section and substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in the first paragraph.
§ 143B-74.1. U.S.S. North Carolina Battleship Commission — funds.
The Commission shall establish and maintain a “Battleship Fund” composed of the monies which may come into its hands from admission or inspection fees, gifts, donations, grants, or devises, which funds will be used by the Commission to pay all costs of maintaining and operating the ship for the purposes herein set forth. The Commission shall maintain books of accounting records concerning revenue derived and all expenses incurred in maintaining and operating the ship as a public memorial. The operations of the Commission shall be subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes. The Commission shall reimburse the State Auditor the cost of any audit. The Commission shall establish a reserve fund in an amount to be determined by the Secretary of Natural and Cultural Resources to be maintained and used for contingencies and emergencies beyond those occurring in the course of routine maintenance and operation, and may authorize the deposit of this reserve fund in a depository to be selected by the Treasurer of North Carolina.
History. 1961, c. 158; 1977, c. 741, ss. 2, 8; 1983, c. 913, s. 40; 2010-31, s. 21.1; 2011-284, s. 97; 2015-241, s. 14.30(t).
Editor’s Note.
This section was formerly G.S. 143-367 . It was amended and recodified as G.S. 143B-74.1 by Session Laws 1977, c. 741.
Effect of Amendments.
Session Laws 2010-31, s. 21.1, effective July 1, 2010, added the next-to-last sentence.
Session Laws 2011-284, s. 97, effective June 24, 2011, in the first sentence, substituted “devises” for “bequests” and made a minor stylistic change.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in the last sentence.
§ 143B-74.2. U.S.S. North Carolina Battleship Commission — employees.
The Department of Natural and Cultural Resources is authorized to hire laborers, artisans, caretakers, stenographic and administrative employees, and other personnel, in accordance with the provisions of the North Carolina Human Resources Act, as may be necessary in carrying out the purposes and provisions of this Article, and to maintain the ship in a clean, neat, and attractive condition satisfactory for exhibition to the public. The Commission shall appoint and fix the salary of an Executive Director and Assistant Director to serve at its pleasure. Employees shall be residents of the State of North Carolina except as may, in emergency conditions, be necessary for the procurement of specially trained or specially skilled employees. Any materials used for any purpose in maintaining and operating the ship for the purposes of this Article shall be, insofar as practicable, North Carolina materials.
History. 1961, c. 158; 1975, c. 879, s. 46; 1977, c. 741, ss. 6, 8; 2006-204, s. 1; 2013-382, s. 9.1(c); 2015-241, s. 14.30(s).
Editor’s Note.
This section was formerly G.S. 143-368. It was amended and recodified as G.S. 143B-74.2 by Session Laws 1977, c. 741.
Session Laws 2013-382, s. 9.1(b), provides: “The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:
“(1) The State Personnel Commission is renamed the ‘North Carolina Human Resources Commission.’
“(2) The Office of State Personnel is renamed the ‘North Carolina Office of State Human Resources.’
“(3) The State Personnel Director is renamed the ‘Director of the North Carolina Office of State Human Resources.’ ”
Session Laws 2013-382, s. 9.1(c), provides: “Modification of References. — The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary.”
Effect of Amendments.
Session Laws 2006-204, s. 1, effective August 8, 2006, deleted “hereby” preceding “authorized to hire” in the first sentence, and added the second sentence.
Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted “North Carolina Human Resources Act” for “State Personnel Act” in the first sentence.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in the first sentence.
§ 143B-74.3. U.S.S. North Carolina Battleship Commission — employees not to have interest.
It shall be unlawful for any member of the Commission to charge, receive, or obtain, directly or indirectly, any fee, commission, retainer or brokerage other than established salaries to be fixed by the Commission, and no member of the Commission shall have any interest in any land, materials, commissions or contracts sold to or made with the Commission, or with any member thereof. Violation of any provisions of this section shall be a Class 2 misdemeanor.
History. 1961, c. 158; 1977, c. 741, ss. 7, 8; 1993, c. 539, s. 1037; 1994, Ex. Sess., c. 24, s. 14(c).
Editor’s Note.
This section was formerly G.S. 143-369. It was amended and recodified as G.S. 143B-74.3 by Session Laws 1977, c. 741.
Part 9. Sir Walter Raleigh Commission.
§§ 143B-75 through 143B-78. [Repealed]
Repealed by Session Laws 1979, c. 504, s. 1.
Part 10. Executive Mansion Fine Arts Committee.
§ 143B-79. Executive Mansion Fine Arts Committee — creation, powers and duties.
There is hereby created the Executive Mansion Fine Arts Committee. The Executive Mansion Fine Arts Committee shall have the following functions and duties:
- To advise the Secretary of Natural and Cultural Resources on the preservation and maintenance of the Executive Mansion located at 200 North Blount Street, Raleigh, North Carolina;
- To encourage gifts and objects of art, furniture and articles of historical value for furnishing the Executive Mansion, and advise the Secretary of Natural and Cultural Resources on major changes in the furnishings of the Mansion;
- To make recommendations to the Secretary of Natural and Cultural Resources concerning major renovations necessary to preserve and maintain the structure;
- To aid the Secretary of Natural and Cultural Resources in keeping a complete list of all gifts and articles received together with their history and value;
- No gifts or articles shall be accepted for the Executive Mansion without the approval of the Committee; and
- The Committee shall advise the Secretary of Natural and Cultural Resources upon any matter the Secretary may refer to it.
- The Committee may dispose of property held in the Executive Mansion after consultation with a review committee comprised of one person from the Executive Mansion Fine Arts Committee, appointed by its chairman; one person from the Department of Administration appointed by the Secretary of Administration; and two qualified professionals from the Department of Natural and Cultural Resources, Division of Archives and History, appointed by the Secretary of Natural and Cultural Resources. Upon request of the Executive Mansion Fine Arts Committee, the review committee shall view proposed items for disposition and shall make a recommendation to the North Carolina Historical Commission who shall make a final decision. The Historical Commission shall consider whether the disposition is in the best interest of the State of North Carolina. If any property is sold, the net proceeds of each sale and any interest earned thereon shall be deposited in the State Treasury to the credit of the Executive Mansion, Special Fund, and shall be used only for the purchase, conservation, restoration, or repair of other property for use in the Executive Mansion.
History. 1973, c. 476, s. 65; 1983, c. 632, s. 1; 1987, c. 251; 2013-360, s. 19.8(a); 2015-241, s. 14.30(s), (t); 2017-57, s. 14.3(e).
Editor’s Note.
Session Laws 2013-360, s. 19.8(b), provides: “Notwithstanding G.S. 143B-79(7) or any other law pertaining to surplus State property, the Executive Mansion Fine Arts Committee shall obtain an appraisal of all items held in the Executive Mansion proposed for disposition. If House Bill 153 of the 2013 General Assembly becomes law, the Committee shall, prior to the sale of any item, report to the Joint Legislative Oversight Committee on General Government on the items inventoried and their value. If House Bill 153 of the 2013 General Assembly does not become law, the Committee shall, prior to the sale of any item, report to the Chairs of the House Appropriations Subcommittee on General Government, the Senate Appropriations Committee on General Government and Information Technology, and to the Fiscal Research Division.”
Session Laws 2013-360, s. 1.1, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2013.’ ”
Session Laws 2013-360, s. 38.2, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium.”
Session Laws 2013-360, s. 38.5, is a severability clause.
Effect of Amendments.
Session Laws 2013-360, s. 19.8(a), effective July 1, 2013, rewrote the last sentence of subdivision (7).
Session Laws 2015-241, s. 14.30(s), (t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” throughout the section and substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in subdivision (7).
Session Laws 2017-57, s. 14.3(e), effective July 1, 2017, in subsection (7), in the second sentence, substituted “shall” for “will” the first and last time it appears and inserted “shall” the second time it appears, substituted “shall” for “must” in the third sentence, inserted “and any interest earned thereon” in the last sentence, and made a minor punctuation change.
§ 143B-80. Executive Mansion Fine Arts Committee — members; selection; quorum; compensation.
The Executive Mansion Fine Arts Committee shall consist of 16 members appointed by the Governor. The initial members of the Committee shall be the appointed members of the present Executive Mansion Fine Arts Commission who shall serve for a period equal to the remainder of their current terms on the Executive Mansion Fine Arts Commission, four of whose appointments expire June 30, 1973, four of whose appointments expire June 30, 1974, four of whose appointments expire June 30, 1975, and four of whose appointments expire June 30, 1976. At the end of the respective terms of office of the initial members, the appointments of their successors shall be for terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Committee created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.
The Governor shall have the power to remove any member of the Committee from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973.
The Governor shall designate a member of the Committee to serve as chairman at his pleasure.
Members of the Committee shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5 .
A majority of the Committee shall constitute a quorum for the transaction of business.
All clerical and other services required by the Committee shall be supplied by the Secretary of Natural and Cultural Resources.
History. 1973, c. 476, s. 66; 2015-241, s. 14.30(t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in the last paragraph.
§ 143B-80.1. Regular and special meetings.
The Executive Mansion Fine Arts Committee shall meet at least twice per year and may hold special meetings at any time and place within the State at the call of the chairman or upon the written request of at least five members.
Whenever a member shall fail, except for ill health or other valid reason, to be present for two successive regular meetings of the Board, his place as a member shall be deemed vacant.
History. 1983, c. 632, s. 2.
§§ 143B-80.2 through 143B-80.4.
Reserved for future codification purposes.
Part 10A. State Capitol Preservation Act.
§§ 143B-80.5 through 143B-80.14. [Repealed]
Repealed by Session Laws 1995, c. 507, s. 12(a).
Part 11. American Revolution Bicentennial Committee.
§§ 143B-81, 143B-82. [Repealed]
Repealed by Session Laws 1979, c. 504, s. 2.
Part 12. North Carolina Awards Committee.
§ 143B-83. North Carolina Awards Committee — creation, powers and duties.
There is hereby created the North Carolina Awards Committee with the duty to advise the Secretary of Natural and Cultural Resources on the formulation and administration of the program governing North Carolina awards and on the selection of a committee in each award area to choose the recipients.
The Committee shall advise the Secretary of the Department upon any matter the Secretary may refer to it.
History. 1973, c. 476, s. 71; 1979, c. 504, s. 2; 1983 (Reg. Sess., 1984), c. 995, s. 22; 2015-241, s. 14.30(t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in the first paragraph.
§ 143B-84. North Carolina Awards Committee — members; selection; quorum; compensation.
The North Carolina Awards Committee shall consist of five members appointed by the Governor to serve at the Governor’s pleasure.
The Governor shall designate a member of the Committee as chairman to serve in such capacity at the pleasure of the Governor.
Members of the Committee shall serve without compensation or travel or per diem.
A majority of the Committee shall constitute a quorum for the transaction of business.
The Secretary of Natural and Cultural Resources is hereby authorized to request contingency and emergency funds for the administration of the North Carolina Awards Committee, for the period between July 1, 1973, and ratification of the next general appropriations bill for the Department.
All clerical and other services required by the Committee shall be supplied by the Secretary of Natural and Cultural Resources.
History. 1973, c. 476, s. 72; 2015-241, s. 14.30(t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in the last two paragraphs.
Part 13. America’s Four Hundredth Anniversary Committee.
§§ 143B-85, 143B-86. [Repealed]
Repealed by Session Laws 2015-184, s. 4, effective August 5, 2015.
History. G.S. 143B-85 ; 1973, c. 476, s. 74; 2015-241, s. 14.30(s), repealed by 2015-184, s. 4, effective August 5, 2015. G.S. 143B-86; 1973, c. 476, s. 75; 1977, c. 771, s. 4; 1989, c. 727, s. 218(123); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(s), (v); repealed by 2015-184, s. 4, effective August 5, 2015.
Editor’s Note.
Former G.S. 143B-85 pertained to the creation, powers and duties of America’s Four Hundredth Anniversary Committee. Former G.S. 143B-86 pertained to members and compensation of America’s Four Hundredth Anniversary Committee.
Session Laws 2015-241, s. 14.30(s) amended former G.S. 143B-85 , effective July 1, 2015, by substituting “Department of Natural and Cultural Resources” for “Department of Cultural Resources.” Session Laws 2015-184, s. 4, subsequently repealed G.S. 143B-85 , effective August 5, 2015. Session Laws 2015-241, s. 14.30(v) amended former G.S. 143B-86, effective July 1, 2015, by substituting “Secretary of Environmental Quality” for “Secretary of Environment and Natural Resources.” Session Laws 2015-184, s. 4, subsequently repealed G.S. 143B-86, effective August 5, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Part 14. North Carolina Arts Council.
§ 143B-87. North Carolina Arts Council — creation, powers and duties.
There is hereby created the North Carolina Arts Council with the following duties and functions:
- To advise the Secretary of Natural and Cultural Resources on the study, collection, maintenance and dissemination of factual data and pertinent information relative to the arts;
- To advise the Secretary concerning assistance to local organizations and the community at large in the area of the arts;
- To advise the Secretary on the exchange of information, promotion of programs and stimulation of joint endeavor between public and nonpublic organizations;
- To identify research needs in the arts area and to encourage such research;
- To advise the Secretary in regard to bringing the highest obtainable quality in the arts to the State and promoting the maximum opportunity for the people to experience and enjoy those arts;
- To advise the Secretary of the Department upon any matter the Secretary may refer to it; and
- To advise the Secretary concerning the promotion of theater arts in the State.
History. 1973, c. 476, s. 77; 1985 (Reg. Sess., 1986), c. 1028, s. 14; 2015-241, s. 14.30(t).
Editor’s Note.
Session Laws 1985 (Reg. Sess., 1986), c. 1028, s. 13, provides: “The Theater Arts Advisory Board, created in 7 North Carolina Administrative Code 3D .0008, is abolished. The North Carolina Arts Council is authorized to perform the functions of the Board.”
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in subdivision (1).
§ 143B-87.1.
Reserved for future codification purposes.
§ 143B-87.2. A+ Schools Special Fund.
- Fund. — The A+ Schools Special Fund is created as a special interest-bearing revenue fund in the Department of Natural and Cultural Resources, North Carolina Arts Council. The Fund shall consist of all receipts derived from donations, gifts, devises, and earned revenue. The revenue in the Fund may be used only for contracted services, conference and meeting expenses, travel, staff salaries, and other administrative costs related to the A+ Schools program. The staff of the North Carolina Arts Council and the Department shall determine how the funds shall be used for the purposes of the A+ Schools program.
- Application. — This section applies to the A+ Schools program, which was transferred to the North Carolina Arts Council by Section 9.8 of S.L. 2010-31.
- Reports. — The Department shall submit a report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, the Senate Appropriations Committee on Natural and Economic Resources, and the Fiscal Research Division by September 30 of each year that includes the source and amount of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year.
History. 2013-297, s. 3; 2015-241, s. 14.30(s), (iii); 2017-57, ss. 14.1(dd), 14.3(f).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), (iii), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in subsection (a); and in subsection (c), substituted “Appropriations Committee on Agriculture and Natural and Economic Resources” for “Appropriations Subcommittee on General Government” and substituted “Committee on Natural and Economic Resources” for “Committee on General Government and Information Technology.”
Session Laws 2017-57, ss. 14.1(dd) and 14.3(f), effective July 1, 2017, substituted “Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources” for “Joint Legislative Commission on Governmental Operations” in subsection (c); and, in subsection (a), substituted “donations, gifts, devises” for “private donations, grant fund” in the first sentence, and substituted “shall be used” for “will be used” in the last sentence.
§ 143B-88. North Carolina Arts Council — members; selection; quorum; compensation.
The North Carolina Arts Council shall consist of 24 members appointed by the Governor. The initial members of the Council shall be the appointed members of the present Arts Council who shall serve for a period equal to the remainder of their current terms on the Arts Council, eight of whose terms expire June 30, 1973, eight of whose terms expire June 30, 1974, and eight of whose terms expire June 30, 1975. At the end of the respective terms of office of the initial members, the appointments of their successors shall be for terms of three years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.
The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973.
The Governor shall designate a member of the Council as chairman to serve at his pleasure.
Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5 .
A majority of the Council shall constitute a quorum for the transaction of business.
All clerical and other services required by the Council shall be supplied by the Secretary of Natural and Cultural Resources.
History. 1973, c. 476, s. 78; 2015-241, s. 14.30(t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in the last paragraph.
Part 15. North Carolina State Art Society, Incorporated. [Repealed]
§ 143B-89. [Repealed]
Repealed by Session Laws 2012-120, s. 1(c), effective October 1, 2012.
History. 1973, c. 476, s. 80; 1975, c. 386; 1977, c. 702, s. 3; 1985, c. 316; 2006-66, s. 22.22(f); 2006-221, s. 23; repealed by 2012-120, s. 1(c), effective October 1, 2012.
Editor’s Note.
Former G.S. 143B-89 pertained to North Carolina State Art Society, Inc.
Part 16. State Library Commission.
§ 143B-90. State Library Commission — creation, powers and duties.
There is hereby created the State Library Commission of the Department of Natural and Cultural Resources. The State Library Commission has the following functions and duties:
- To advise the Secretary of Natural and Cultural Resources on matters relating to the operation and services of the State Library;
-
Repealed by Session Laws 1991, c. 757, s. 2.
(2a) To work for the financial support of statewide and local public library services;
- To advise the Secretary upon any matter the Secretary might refer to it;
-
Repealed by Session Laws 1991, c. 757, s. 2.
(4a) To work for the financial support of statewide interlibrary services;
-
Repealed by Session Laws 1991, c. 757, s. 2.
(5a) To aid and advise the Secretary of Natural and Cultural Resources in the development of information services for the promotion of cultural, educational, and economic well-being of the State.
-
through (8) Repealed by Session Laws 1991, c. 757, s. 2.
(8a) To aid and advise the Secretary of Natural and Cultural Resources on the recruitment and appointment of the State Librarian.
History. 1973, c. 476, s. 82; 1981, c. 918, s. 2; 1991, c. 757, s. 2; 2015-241, s. 14.30(s), (t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), (t), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in the introductory paragraph and substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in subdivisions (1), (5a) and (8a).
§ 143B-91. State Library Commission — members; selection; quorum; compensation.
- The State Library Commission shall consist of 15 members. All members shall have an interest in the development of library and information services in North Carolina. Eight members shall be appointed by the Governor. One member shall be appointed by the President Pro Tempore of the Senate. One member shall be appointed by the Speaker of the North Carolina House of Representatives. Three members shall be appointed by the North Carolina Public Library Directors Association. Two members shall be the President and the President-elect of the North Carolina Library Association or two appointees as determined by the North Carolina Library Association’s Board of Directors. The State Librarian shall be an ex officio member and act as secretary to the Commission.All appointments shall be for four-year terms with eight of the commissioners taking office on the first four-year cycle and seven commissioners taking office on the second four-year cycle. Any appointment to fill a vacancy in one of the positions appointed by the Governor, President Pro Tempore or Speaker of the House of Representatives shall be for the remainder of the unexpired term. Appointees shall not serve more than two successive four-year terms.The Governor shall choose a chairperson from among the gubernatorial appointees. The chairperson shall serve not more than two successive two-year terms as chair.Members of the Commission shall receive per diem and necessary travel and subsistence expenses as provided in G.S. 138-5 .A majority of the Commission shall constitute a quorum for the transaction of business.All clerical and other services required by the Commission shall be supplied by the Secretary of Natural and Cultural Resources.The Commission shall meet at least twice a year.
- There may be committees established to advise the Secretary of Natural and Cultural Resources, the Commission, and the State Librarian. Each committee shall be composed of a committee chairperson and at least four persons appointed by the chair with the approval of the Commission. At least one of the members of each committee shall be a member of the Commission. Each committee shall report to the Commission at least once a year.
History. 1973, c. 476, s. 83; 1981, c. 918, s. 3; 1991, c. 757, s. 3; 1995, c. 490, s. 53; 2015-241, s. 14.30(t); 2020-74, s. 19(b).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in the next to last paragraph of subsection (a) and twice in subsection (b).
Session Laws 2020-74, s. 19(b), effective July 1, 2020, rewrote subsection (b).
Part 17. Roanoke Island Historical Association.
§ 143B-92. Roanoke Island Historical Association — creation, powers and duties.
There is hereby recreated the Roanoke Island Historical Association with the powers and duties delineated in Article 19 of Chapter 143 of the General Statutes of North Carolina.
History. 1973, c. 476, s. 85.
§ 143B-93. Roanoke Island Historical Association — status.
The Roanoke Island Historical Association is hereby declared not to be a State agency within the meaning of the Executive Organization Act of 1973 and shall be exempt from all provisions of the Executive Organization Act of 1973 except G.S. 143B-92 and G.S. 143B-93 .
History. 1973, c. 476, s. 86.
Part 18. North Carolina Symphony Society.
§ 143B-94. North Carolina Symphony Society, Inc.
The North Carolina Symphony Society, Incorporated, shall continue to be under the patronage of the State as provided in Article 2 of Chapter 140 of the General Statutes of North Carolina. The governing body of the North Carolina Symphony Society, Incorporated, shall be a board of trustees consisting of not less than 16 members of which the Governor of the State and the Superintendent of Public Instruction shall be ex officio members and four other members shall be named by the Governor. The remaining trustees shall be chosen by members of the North Carolina Symphony Society, Incorporated, in such manner and for such terms as that body shall determine. The initial members named by the Governor shall be appointed from the members of the existing board of trustees of the North Carolina State Symphony Society, Incorporated, for the balance of their existing terms. Subsequent appointments shall be made for terms of four years each.
History. 1973, c. 476, s. 88.
Part 19. Edenton Historical Commission.
§ 143B-95. Edenton Historical Commission — creation, purposes and powers.
There is hereby recreated the Edenton Historical Commission. The purposes of the Commission are to effect and encourage preservation, restoration, and appropriate presentation of the Town of Edenton and Chowan County, as a historic, educational, and aesthetic place, to the benefit of the citizens of the place and the State and of visitors. To accomplish its purposes, the Commission has the following powers and responsibilities:
- To acquire, hold, and dispose of title to or interests in historic properties in the Town of Edenton and County of Chowan and to repair, restore, and otherwise improve the properties, and to maintain them;
- To acquire, hold, and dispose of title to or interests in other land there, upon which historic structures have been or shall be relocated, and to improve the land and maintain it;
- To acquire, hold, and dispose of suitable furnishings for the historic properties, and to provide and maintain suitable gardens for them;
- To develop and maintain one or more collections of historic objects and things pertinent to the history of the town and county, to acquire, hold, and dispose of the items, and to preserve and display them;
- To develop and conduct appropriate programs, under the name “Historic Edenton” or otherwise, for the convenient presentation and interpretation of the properties and collections to citizens and visitors, as places and things of historic, educational, and aesthetic value;
- To conduct programs for the fostering of research, for the encouragement of preservation, and for the increase of knowledge available to the local citizens and the visitors in matters pertaining to the history of the town and county;
- To cooperate with the Secretary and Department of Natural and Cultural Resources and with appropriate associations, governments, governmental agencies, persons, and other entities, and to assist and advise them, toward the furtherance of the Commission’s purposes;
- To solicit gifts and grants toward the furtherance of these purposes and the exercise of these powers;
- To conduct other programs and do other things appropriate and reasonably necessary to the accomplishment of the purposes and the exercise of the powers; and
- To adopt and enforce any bylaws and rules that the Commission deems beneficial and proper.
History. 1973, c. 476, s. 90; 1979, c. 733, s. 1; 2015-241, s. 14.30(s).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in subdivision (7).
§ 143B-96. Edenton Historical Commission — status.
The Edenton Historical Commission is hereby declared not to be a State agency within the meaning of the Executive Organization Act of 1973 and shall be exempt from all provisions of the Executive Organization Act of 1973 except G.S. 143B-95 through G.S. 143B-98 .
History. 1973, c. 476, s. 91.
§ 143B-97. Edenton Historical Commission — reports.
The Edenton Historical Commission shall submit an annual report of its activities, holdings, and finances, including an audit of its accounts by a certified public accountant, to the Secretary of Natural and Cultural Resources. In the event such annual report is not received by the Secretary, or if such report does not indicate the need for the continuation of the Commission, the Secretary of Natural and Cultural Resources is authorized to recommend to the next General Assembly the abolition of the Commission.
History. 1973, c. 476, s. 92; 2015-241, s. 14.30(t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” twice.
§ 143B-98. Edenton Historical Commission — members; selection; compensation; quorum.
The Edenton Historical Commission shall consist of 33 members, 22 appointed by the Governor to serve at his pleasure, four appointed by the President Pro Tempore of the Senate, four appointed by the Speaker of the House of Representatives, and, ex officio, the Mayor of the Town of Edenton, the Chairman of the Board of Commissioners of Chowan County, and the Secretary of Natural and Cultural Resources or his designee.
All the present members of the Commission may continue to serve, at the pleasure of the Governor, until the end of his present term of office. The Commission shall elect its own officers, and the members of the Commission shall serve without pay and without expense allowance from State funds. The Commission shall determine its requirements for a quorum.
History. 1973, c. 476, s. 93; 1979, c. 733, s. 2; 2005-421, s. 3.1(a); 2015-241, s. 14.30(t).
Effect of Amendments.
Session Laws 2005-421, s. 3.1(a), effective September 22, 2005, rewrote the first paragraph.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in the first paragraph.
Part 20. Historic Bath Commission.
§ 143B-99. Historic Bath Commission — creation, powers and duties.
There is hereby created the Historic Bath Commission. The Historic Bath Commission shall have the following powers:
- To acquire and dispose of title to or interests in historic properties in and near the Town of Bath in Beaufort County, and to repair, restore, or otherwise improve such properties, and to maintain them;
- To offer such historic properties to the State of North Carolina, subject to the acceptance of such properties by the State;
- To cooperate with, assist, and advise the Secretary of Natural and Cultural Resources upon any matter pertaining to the administration of Bath State Historic Site, which the Secretary of the Department may refer to it; and
- To carry out other programs reasonably related to these purposes.
History. 1973, c. 476, s. 95; 2015-241, s. 14.30(t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in subdivision (3).
§ 143B-100. Historic Bath Commission — status.
The Historic Bath Commission is hereby declared not to be a State agency within the meaning of the Executive Organization Act of 1973 and shall be exempt from all provisions of the Executive Organization Act of 1973 except G.S. 143B-99 through G.S. 143B-102 .
History. 1973, c. 476, s. 96.
§ 143B-101. Historic Bath Commission — reports.
The Historic Bath Commission shall submit an annual report of its activities, holdings, and finances, including an audit of its accounts by a certified public accountant, to the Secretary of Natural and Cultural Resources. In the event such annual report is not received by the Secretary, or if such report does not indicate the need for the continuation of the Commission, the Secretary of Natural and Cultural Resources is authorized to recommend the abolition of the Commission to the next General Assembly.
History. 1973, c. 476, s. 97; 2015-241, s. 14.30(t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” twice.
§ 143B-102. Historic Bath Commission — members; selection; quorum; compensation.
The Historic Bath Commission shall consist of 25 members appointed by the Governor plus, ex officio, the mayor of the Town of Bath, the Chairman of the Board of Commissioners of Beaufort County, and the Secretary of Natural and Cultural Resources or designee. The initial members of the Commission shall be the members of the present Historic Bath Commission who shall serve for a period equal to the remainder of their current terms on the Historic Bath Commission. At the end of the respective terms of office of the initial members of the Commission, the appointments of their successors, with the exception of the ex officio members, shall be for terms of five years and until their successors are appointed and qualify. Any appointments to fill a vacancy on the Commission created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term. The Commission shall elect its own officers. Members of the Commission shall serve without pay and without expense allowance from State funds. The Commission shall determine its requirements for a quorum.
History. 1973, c. 476, s. 98; 2015-241, s. 14.30(t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in the first sentence.
Part 21. Historic Hillsborough Commission.
§ 143B-103. Historic Hillsborough Commission — creation, powers and duties.
There is hereby recreated the Historic Hillsborough Commission. The Historic Hillsborough Commission shall have the following powers:
- In cooperation with the Hillsborough Historical Society, the elected officials of Hillsborough and Orange County, and appropriate public agencies, to use every legal aid and method to preserve and restore the Town of Hillsborough, and its immediately adjacent area, as a living, functioning, educational, and historical exhibit of North Carolina’s early life and times;
- To acquire and to dispose of property, real and personal; to repair, restore, or otherwise improve such properties; to have prepared a history of the town and area; and to write, compile, publish, or sponsor such historical works as may pertain to the town and area; and
- To carry on other programs reasonably related to these purposes.
History. 1973, c. 476, s. 100.
§ 143B-104. Historic Hillsborough Commission — status.
The Historic Hillsborough Commission is hereby declared not to be a State agency within the meaning of the Executive Organization Act of 1973 and shall be exempt from all provisions of the Executive Organization Act of 1973 except G.S. 143B-103 through G.S. 143B-106 .
History. 1973, c. 476, s. 101.
§ 143B-105. Historic Hillsborough Commission — reports.
The Historic Hillsborough Commission shall submit an annual report of its activities, holdings, and finances, including an audit of its accounts by a certified public accountant, to the Secretary of Natural and Cultural Resources. In the event such annual report is not received by the Secretary, or if such report does not indicate the need for the continuation of the Commission, the Secretary of Natural and Cultural Resources is authorized to recommend to the next General Assembly the abolition of the Commission.
History. 1973, c. 476, s. 102; 2015-241, s. 14.30(t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” twice.
§ 143B-106. Historic Hillsborough Commission — members; selection; quorum; compensation.
The Historic Hillsborough Commission shall consist of not fewer than 25 members appointed by the Governor plus, ex officio, the mayor of the Town of Hillsborough, the Chairman of the Board of Commissioners of Orange County, the Orange County Register of Deeds, the Orange County Clerk of Superior Court, and the Secretary of Natural and Cultural Resources or designee. The initial appointed members of the Commission shall be the members of the present Historic Hillsborough Commission who shall serve for a period equal to the remainder of their current terms on the Historic Hillsborough Commission. At the end of the respective terms of office of the present members, the appointments of members, excepting the ex officio members, shall be for terms of six years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term. The Commission shall elect its own officers. Members of the Commission shall serve without pay and without expense allowance from State funds. The Commission shall determine its requirements for a quorum.
History. 1973, c. 476, s. 103; 2015-241, s. 14.30(t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in the first sentence.
Part 22. Historic Murfreesboro Commission.
§ 143B-107. Historic Murfreesboro Commission — creation, powers and duties.
There is hereby recreated the Historic Murfreesboro Commission. The Historic Murfreesboro Commission shall have the following powers:
- To acquire and dispose of title to or interests in historic properties in and near the Town of Murfreesboro, and to repair, restore, or otherwise improve and maintain such properties;
- To conduct research and planning to carry out a program for the preservation of historic sites, buildings, or objects in and near the Town of Murfreesboro;
- To carry out other programs reasonably related to these purposes.
History. 1973, c. 476, s. 105.
§ 143B-108. Historic Murfreesboro Commission — status.
The Historic Murfreesboro Commission is hereby declared not to be a State agency within the meaning of the Executive Organization Act of 1973 and shall be exempt from all provisions of the Executive Organization Act of 1973 except G.S. 143B-107 through G.S. 143B-110 .
History. 1973, c. 476, s. 106.
§ 143B-109. Historic Murfreesboro Commission — reports.
The Historic Murfreesboro Commission shall submit an annual report of its activities, holdings, and finances, including an audit of its accounts by a certified public accountant, to the Secretary of Natural and Cultural Resources. In the event such annual report is not received by the Secretary, or if such report does not indicate the need for the continuation of the Commission, the Secretary of Natural and Cultural Resources is authorized to recommend to the next General Assembly the abolition of the Commission.
History. 1973, c. 476, s. 107; 2015-241, s. 14.30(t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” twice.
§ 143B-110. Historic Murfreesboro Commission — members; selection; quorum; compensation.
The Historic Murfreesboro Commission shall consist of 30 members appointed by the Governor plus, ex officio, the mayor of the Town of Murfreesboro, the Chairman of the Board of Commissioners of the County of Hertford, the President of Chowan College, and the Secretary of Natural and Cultural Resources or designee. The initial appointed members of the Commission shall be the members of the present Historic Murfreesboro Commission who shall serve for a period equal to the remainder of their current terms on the Historic Murfreesboro Commission. At the end of the respective terms of office of the initial members of the Commission, the appointments of their successors, with the exception of ex officio members, shall be for terms of five years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term. The Commission shall elect its own officers. Members of the Commission shall serve without pay and without expense allowance from State funds. The Commission shall determine its requirements for a quorum.
History. 1973, c. 476, s. 108; 2015-241, s. 14.30(t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(t), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” in the first sentence.
Part 23. John Motley Morehead Memorial Commission.
§§ 143B-111 through 143B-115. [Repealed]
Repealed by Session Laws 2015-184, s. 5, effective August 5, 2015.
History. G.S. 143B-111 ; 1973, c. 476, s. 110; 2015-241, s. 14.30(s); repealed by 2015-184, s. 5, effective August 5, 2015. G.S. 143B-112; 1973, c. 476, s. 111; repealed by 2015-184, s. 5, effective August 5, 2015. G.S. 143B-113; 1973, c. 476, s. 112; repealed by 2015-184, s. 5, effective August 5, 2015. G.S. 143B-114; 1973, c. 476, s. 113; 2015-241, s. 14.30(t); repealed by 2015-184, s. 5, effective August 5, 2015. G.S. 143B-115; 1973, c. 476, s. 114; 1977, c. 711, s. 4; 1989, c. 727, s. 218(124); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(t), (v); repealed by 2015-184, s. 5, effective August 5, 2015.
Editor’s Note.
Session Laws 2015-241, s. 14.30(s) amended G.S. 143B-111 , effective July 1, 2015, by substituting “Department of Natural and Cultural Resources” for “Department of Cultural Resources.” Session Laws 2015-184, s. 5, subsequently repealed G.S. 143B-111 , effective August 5, 2015. Session Laws 2015-241, s. 14.30(t) amended G.S. 143B-114, effective July 1, 2015, by substituting “Secretary or Natural and Cultural Resources” for “Secretary of Natural Resources.” Session Laws 2015-184, s. 5, subsequently repealed G.S. 143B-114, effective August 5, 2015. Session Laws 2015-241, s. 14.30(t), (v), amended G.S. 143B-115, effective July 1, 2015, by substituting “Secretary of Environmental Quality” for “Secretary of Environment and Natural Resources.” Session Laws 2015-184, s. 5 subsequently repealed G.S. 143B-115, effective August 5, 2015.
Former G.S. 143B-111 pertained to the creation, powers and duties of the John Motley Morehead Memorial Commission. Former G.S. 143B-112 pertained to the status of the John Motley Morehead Memorial Commission. Former G.S. 143B-113 pertained to authorization for counties to assist the John Motley Morehead Memorial Commission. Former G.S. 143B-114 pertained to reports submitted by the John Motley Morehead Memorial Commission. Former G.S. 143B-115 pertained to membership and compensation for the John Motley Morehead Memorial Commission.
§§ 143B-116 through 143B-120.
Reserved for future codification purposes.
Part 24. Grassroots Arts Program.
§ 143B-121. Program established.
The Department of Natural and Cultural Resources shall establish a program to be known as the Grassroots Arts Program, by which funds shall be distributed among the counties of this State for the purpose of assisting the counties in the development of community arts programs. The Grassroots Arts Program shall be established within the “Community Art Development Section” (North Carolina Arts Council) of the Division of the Arts.
History. 1977, c. 1008, s. 1; 2015-241, s. 14.30(s).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in the first sentence.
§ 143B-122. Distribution of funds.
Of the funds available under the Grassroots Arts Program, twenty percent (20%) of the total shall be distributed among the counties equally, and the remaining eighty percent (80%) shall be distributed among the counties on a per capita basis.
History. 1977, c. 1008, s. 2; 2007-323, s. 21.1(a).
Effect of Amendments.
Session Laws 2007-323, s. 21.1.(a), effective July 1, 2007, substituted “Of the funds” for “Funds” at the beginning, inserted “twenty percent (20%) of the total,” and inserted “equally, and the remaining eighty percent (80%) shall be distributed among the counties” near the end.
§ 143B-123. Rules and procedures; standards for qualification for funds.
The Department of Natural and Cultural Resources shall be authorized to adopt rules and procedures necessary to implement this program and shall adopt standards which must be met by organizations within the counties in order to qualify for funds under the Grassroots Arts Program. The standards adopted shall include, but not be limited to the following:
- The organization must show that it exists primarily to aid the arts and that it aids the arts in all its forms including the performing, visual and literary.
- The organization must show that its programs are open to the entire community.
- The organization must show that it is a nonprofit, tax-exempt corporation, governed by a citizen board which is not self-perpetuating, and that it has been in existence and active for at least one full year.
- The organization must show that it can match funds available under the Grassroots Arts Program with public or private funds from within the county in which it is located at a ratio of one-to-one.
History. 1977, c. 1008, s. 3; 2015-241, s. 14.30(s).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in the introductory paragraph.
§ 143B-124. Designation of organization as official distributing agent; duties.
Guided by the standards set out in G.S. 143B-123 , the board of county commissioners of each county shall designate to the Department of Natural and Cultural Resources an organization to serve as its distributing agent for Grassroots Arts Program funds. Upon the approval of the Department of Natural and Cultural Resources, the designated organization shall become the official distributing agent for that county and shall remain so until such time as it no longer meets the necessary standards. To receive its per capita funds, the official distributing agent must annually submit to the Department of Natural and Cultural Resources for its approval a plan for the expenditure of the funds allotted to that county and must account for the funds after they have been expended. Funds may be used for programming, administrative and operating expenses, and should assist in the total development of the arts within that county.
History. 1977, c. 1008, s. 4; 2015-241, s. 14.30(s).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” throughout the section.
§ 143B-125. Disposition of funds for counties without organizations meeting Department standards.
Funds for counties without organizations which meet the necessary standards set by the Department of Natural and Cultural Resources shall be retained by the department and used for arts programming within these counties. Where feasible, the department shall maintain the same per capita rate for the distribution of funds to these counties and shall require the same matching ratio.
History. 1977, c. 1008, s. 5; 1993, c. 321, s. 33; 2015-241, s. 14.30(s).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in the first sentence.
Part 25. Historical Military Reenactment Groups.
§ 143B-126. Voluntary registration; designation of names; registration symbol.
The Department of Natural and Cultural Resources shall establish a program for the voluntary registration of historical military reenactment groups. The Department shall require, as part of the registration procedure, the filing of a copy of the various bylaws governing the groups. The Department shall designate the names to be used by the groups to ensure a lack of duplication or confusion between the groups and shall, in the case of duplicate name requests, decide the use of a particular name based on the longest period of existence as shown by the dates of the bylaws or other evidence of creation. The Department shall create a seal or other logo which shall indicate registration with the Department and shall be authorized for use only by groups properly registered pursuant to this part.
History. 1981, c. 523, s. 1; 2015-241, s. 14.30(s).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources” in the first sentence.
§ 143B-127. Contracts with registered groups.
The Department of Natural and Cultural Resources, Office of Archives and History shall sign contracts for the performance of military historical dramas on State-owned property only with historical military reenactment groups properly registered pursuant to this Part.
History. 1981, c. 523, s. 2; 2002-159, s. 35(j); 2015-241, s. 14.30(s).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources.”
Part 26. Advisory Committee on Abandoned Cemeteries.
§ 143B-128. [Repealed]
Repealed by Session Laws 2011-266, s. 1.1, effective July 1, 2011.
History. 1981, c. 1016, s. 1; 1995, c. 490, s. 1; repealed by 2011-266, s. 1.1, effective July 1, 2011.
Editor’s Note.
Former G.S. 143B-128 pertained to the Advisory Committee on Abandoned Cemeteries.
Part 27. Roanoke Voyages and Elizabeth II Commission.
§§ 143B-129 through 143B-131. [Repealed]
Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 769, s. 12.5(c).
Editor’s Note.
Session Laws 1993 (Reg. Sess., 1994), c. 769, s. 12.5(d), provides that effective October 1, 1994, the statutory authority, powers, duties, functions, records, personnel, property, and funds of the Roanoke Voyages and Elizabeth II Commission are transferred to the Roanoke Island Commission, and that all its prescribed powers are transferred as well.
Session Laws 2017-57, s. 14.8(e), effective October 1, 2017, abolished the Roanoke Island Commission, and provided that all powers, assets, liabilities, contracts, and agreements with, of, or issued by the Roanoke Island Commission were transferred to the Department of Natural and Cultural Resources as the successor in interest to the Commission.
Session Laws 2017-57, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2017.’ ”
Session Laws 2017-57, s. 39.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium.”
Session Laws 2017-57, s. 39.6, is a severability clause.
Part 27A. Roanoke Island Commission.
§§ 143B-131.1, 143B-131.2. [Repealed]
Repealed by Session Laws 2017-57, s. 14.8(e), effective October 1, 2017.
History. G.S. 143B-131.1 ; 1993 (Reg. Sess., 1994), c. 769, s. 12.5(a); 1995, c. 507, s. 12.6(a); 2011-145, s. 21.2(g); 2014-100, s. 19.8(a); 2015-241, s. 14.30(s), (x); repealed by 2017-57, s. 14.8(e), effective October 1, 2017. G.S. 143B-131.2; 1993 (Reg. Sess., 1994), c. 769, s. 12.5(a); 1995, c. 507, s. 12.6(b); 1997-443, ss. 11A.119(a), 30.1; 1998-212, ss. 21.1(a), 21.1(b); 2006-259, s. 25; 2010-194, s. 26; 2011-145, s. 21.2(d), (e), (h); 2011-284, s. 98; 2011-326, s. 15(aa); 2014-100, s. 19.8(a); 2015-241, s. 14.30(s), (t), (u), (x); repealed by 2017-57, s. 14.8(e), effective October 1, 2017.
Editor’s Note.
Former G.S. 143B-131.1 pertained to the establishment of the Roanoke Island Commission.
Former G.S. 143B-131.2 pertained to the purpose, powers and duties of the Roanoke Island Commission.
Session Laws 2011-145, s. 21.2(b), provides: “All funds and assets in the Outer Banks Island Farm Fund are transferred to the Roanoke Island Commission Fund established in G.S. 143B-131.8 .”
Session Laws 2011-145, s. 21.2(f), provides: “Effective July 1, 2012, all funds held by the Roanoke Island Commission, including all balances credited to the Roanoke Island Commission Endowment Fund, shall be transferred to the Historic Roanoke Island Fund established in G.S. 143B-131.8 A.”
Session Laws 2011-145, s. 1.1, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2011.’ ”
Session Laws 2011-145, s. 32.2, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium.”
Session Laws 2011-145, s. 32.5 is a severability clause.
Session Laws 2012-142, s. 18.3, provides: “The Department of Cultural Resources shall develop comprehensive five-year plans for the Tryon Palace Historic Sites and Gardens and the North Carolina Transportation Museum. The Roanoke Island Commission shall develop a comprehensive five-year plan for the Elizabeth II State Historic Site and Visitor Center, the Elizabeth II, Ice Plant Island, and all other properties under the administration of the Department of Cultural Resources located on Roanoke Island. The plans shall describe in detail revenue and expenditure projections, proposed reductions in scope or expenditures, and each site’s plans to further develop non-State sources of funding in accordance with the reductions in appropriations implemented in S.L. 2011-145, including the feasibility of privatization. The Department and the Roanoke Island Commission shall submit their reports to the Chairs of the House Appropriations Subcommittee on General Government and the Chairs of the Senate Appropriations Committee on General Government and Information Technology by February 1, 2013.”
Session Laws 2012-142, s. 1.2, provides: “This act shall be known as ’The Current Operations and Capital Improvements Appropriations Act of 2012.’ ”
Session Laws 2012-142, s. 27.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year.”
Session Laws 2012-142, s. 27.7, is a severability clause.
Session Laws 2017-57, s. 14.8(e), provides: “Effective October 1, 2017, Part 27A of Article 2 of Chapter 143B of the General Statutes is repealed and the Roanoke Island Commission is abolished. All powers, assets, liabilities, contracts, and agreements with, of, or issued by the Roanoke Island Commission are vested in and transferred to the Department of Natural and Cultural Resources as the successor in interest to the Commission. Any references to purposes of the Commission set forth in G.S. 143B-131.2 shall be construed to refer to the purposes set forth in G.S. 143-202.2 , as enacted by subsection (b) of this section.”
Session Laws 2017-57, s. 14.8(f), effective October 1, 2017, provides: “(f) Any certificates of appropriateness for the U.S. Highway 64/264 or the U.S. 64/264 Bypass travel corridor issued by any local government under former Part 27A of Article 2 of Chapter 143B of the General Statutes remain valid and in effect as issued.”
Session Laws 2017-57, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2017.’ ”
Session Laws 2017-57, s. 39.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium.”
Session Laws 2017-57, s. 39.6, is a severability clause.
§ 143B-131.3. [Repealed]
Repealed by Session Laws 2014-100, s. 19.8(a), effective July 1, 2014.
History. 1985, c. 757, s. 180; 1995, c. 490, s. 7; 2002-159, s. 35(l); repealed by 2011-266, s. 1.3, effective July 1, 2011.
Editor’s Note.
Former G.S. 143B-131.3 authorized the assignment of property, equipment and personnel to the Commission from state agencies.
§§ 143B-131.4 through 143B-131.6. [Repealed]
Repealed by Session Laws 2017-57, s. 14.8(e), effective October 1, 2017.
History. G.S. 143B-131.4 ; 1993 (Reg. Sess., 1994), c. 769, s. 12.5(a); 2012-142, s. 18.1; 2014-100, s. 19.8(a); 2015-241, s. 14.30(jjj); repealed by 2017-57, s. 14.8(e), effective October 1, 2017. G.S. 143B-131.5; 1993 (Reg. Sess., 1994), c. 769, s. 12.5(a); 2014-100, s. 19.8(a); repealed by 2017-57, s. 14.8(e), effective October 1, 2017. G.S. 143B-131.6; 1993 (Reg. Sess., 1994), c. 769, s. 12.5(a); 2000-181, s. 2.4; 2014-100, s. 19.8(a); 2015-241, s. 14.30(x); repealed by 2017-57, s. 14.8(e), effective October 1, 2017.
Editor’s Note.
Former G.S. 143B-131.4 pertained to Commission reports.
Former G.S. 143B-131.5 pertained to additional powers and duties of, and the transfer of assets and liabilities of the Roanoke Voyages and Elizabeth II Commission to, the Roanoke Island Commission.
Former G.S. 143B-131.6 pertained to Roanoke Island Commission members, terms, vacancies, expenses and officers.
Session Laws 1985, c. 730, ss. 1 to 3, provide: “Sec. 1. Notwithstanding Article III of Chapter 111 of the General Statutes, with the approval of the Department of Cultural Resources, the Friends of Elizabeth II, Incorporated, may operate vending machines on the site grounds of the Elizabeth II.
“Sec. 2. Eighty percent (80%) of the profits from activities authorized by Section 1 of this act shall be used to support the Elizabeth II, the ship’s boat, and related activities. The remainder of the profits shall be used for the activities of the Roanoke Voyages and Elizabeth II Commission.
“Sec. 3. This act is effective upon ratification (July 12, 1985).”
Session Laws 2012-142, s. 18.3, provides: “The Department of Cultural Resources shall develop comprehensive five-year plans for the Tryon Palace Historic Sites and Gardens and the North Carolina Transportation Museum. The Roanoke Island Commission shall develop a comprehensive five-year plan for the Elizabeth II State Historic Site and Visitor Center, the Elizabeth II, Ice Plant Island, and all other properties under the administration of the Department of Cultural Resources located on Roanoke Island. The plans shall describe in detail revenue and expenditure projections, proposed reductions in scope or expenditures, and each site’s plans to further develop non-State sources of funding in accordance with the reductions in appropriations implemented in S.L. 2011-145, including the feasibility of privatization. The Department and the Roanoke Island Commission shall submit their reports to the Chairs of the House Appropriations Subcommittee on General Government and the Chairs of the Senate Appropriations Committee on General Government and Information Technology by February 1, 2013.”
Session Laws 2012-142, s. 1.2, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2012.’ ”
Session Laws 2012-142, s. 27.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year.”
Session Laws 2012-142, s. 27.7 is a severability clause.
Session Laws 2017-57, s. 14.1(ii), effective July 1, 2017, amended former G.S. 143B-131.4 by, in the first paragraph, substituting “semiannual” for “quarterly,” and inserting “by January 15 and July 15 of each year,” “Agriculture” the second time it appeared, and “the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources.” The section was subsequently repealed by Session Laws 2017-57, s. 14.8(e), effective October 1, 2017.
Session Laws 2017-57, s. 14.8(e), provides: “Effective October 1, 2017, Part 27A of Article 2 of Chapter 143B of the General Statutes is repealed and the Roanoke Island Commission is abolished. All powers, assets, liabilities, contracts, and agreements with, of, or issued by the Roanoke Island Commission are vested in and transferred to the Department of Natural and Cultural Resources as the successor in interest to the Commission. Any references to purposes of the Commission set forth in G.S. 143B-131.2 shall be construed to refer to the purposes set forth in G.S. 143-202.2 , as enacted by subsection (b) of this section.”
Session Laws 2017-57, s. 14.8(f), effective October 1, 2017, provides: “(f) Any certificates of appropriateness for the U.S. Highway 64/264 or the U.S. 64/264 Bypass travel corridor issued by any local government under former Part 27A of Article 2 of Chapter 143B of the General Statutes remain valid and in effect as issued.”
Session Laws 2017-57, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2017.’ ”
Session Laws 2017-57, s. 39.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium.”
Session Laws 2017-57, s. 39.6, is a severability clause.
§ 143B-131.7. [Repealed]
Repealed by Session Laws 2015-241, s. 14.33, effective July 1, 2015.
History. 1993 (Reg. Sess., 1994), c. 769, s. 12.5(a); repealed by 2015-241, s. 14.33, effective July 1, 2015.
Editor’s Note.
Former G.S. 143B-131.7 pertained to legal counsel for the Roanoke Island Commission.
§ 143B-131.8. [Repealed]
Repealed by Session Laws 2011-145, s. 21.2(i), effective July 1, 2012.
History. 1995, c. 507, s. 12.6(c); 2011-145, s. 21.2(c); 2011-284, s. 99; repealed by Session Laws 2011-145,s. 21.2(i), effective July 1, 2012.
Editor’s Note.
Former 143B-131.8 pertained to the Roanoke Island Commission Fund and the Roanoke Island Commission Endowment Fund.
§ 143B-131.8A. [Repealed]
Recodified as G.S. 143-202.3 by Session Laws 2017-57, s. 14.8(c), effective October 1, 2017.
Editor’s Note.
This section was enacted as G.S. 143B-131.8 A and was recodified as G.S. 143-202.3 by Session Laws 2017-57, s. 14.8(c).
Session Laws 2017-57, s. 14.8(i) made the recodification of this section effective October 1, 2017.
§ 143B-131.9. [Repealed]
Recodified as G.S. 143-202.4 by Session Laws 2017-57, s. 14.8(c), effective October 1, 2017.
Editor’s Note.
This section was enacted as G.S. 143B-131.9 and was recodified as G.S. 143-202.4 by Session Laws 2017-57, s. 14.8(c).
Session Laws 2017-57, s. 14.8(i) made the recodification of this section effective October 1, 2017.
§ 143B-131.10. [Repealed]
Repealed by Session Laws 2017-57, s. 14.8(e), effective October 1, 2017.
History. 1995, c. 507, s. 12.6(c); 2006-203, s. 102; repealed by 2017-57, s. 14.8(e), effective October 1, 2017.
Editor’s Note.
Former G.S. 143B-131.10 provided that G.S. 143C-6-4 , 143C-6-5 and 143C-6-9 did not apply to former Part 27A of Article 2 of Chapter 143B.
Session Laws 2017-57, s. 14.8(e), provides: “Effective October 1, 2017, Part 27A of Article 2 of Chapter 143B of the General Statutes is repealed and the Roanoke Island Commission is abolished. All powers, assets, liabilities, contracts, and agreements with, of, or issued by the Roanoke Island Commission are vested in and transferred to the Department of Natural and Cultural Resources as the successor in interest to the Commission. Any references to purposes of the Commission set forth in G.S. 143B-131.2 shall be construed to refer to the purposes set forth in G.S. 143-202.2 , as enacted by subsection (b) of this section.”
Session Laws 2017-57, s. 14.8(f), effective October 1, 2017, provides: “Any certificates of appropriateness for the U.S. Highway 64/ 264 or the U.S. 64/ 264 Bypass travel corridor issued by any local government under former Part 27A of Article 2 of Chapter 143B of the General Statutes remain valid and in effect as issued.”
Session Laws 2017-57, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2017.’ ”
Session Laws 2017-57, s. 39.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium.”
Session Laws 2017-57, s. 39.6, is a severability clause.
Part 28. Andrew Jackson Historic Memorial Committee.
§ 143B-132. [Repealed]
Repealed by Session Laws 2011-266, s. 1.3, effective July 1, 2011.
History. 1985, c. 757, s. 180; 1995, c. 490, s. 7; 2002-159, s. 35(l); repealed by 2011-266, s. 1.3, effective July 1, 2011.
Editor’s Note.
Former G.S. 143B-132 pertained to the Andrew Jackson Historic Memorial Committee.
Part 29. Veterans’ Memorial Commission.
§§ 143B-133, 143B-133.1.
Expired.
History. G.S. 143B-133 ; 1987, c. 779, s. 1; 1995, c. 490, s. 62; 2015-241, s. 14.30(s), (t). G.S. 143B-133 .1; 1987, c. 779, s. 1; 2000-140, s. 93.1(a); 2001- 424, s. 12.2(b).
Editor’s Note.
Part 29 of Article 2 of Chapter 143B expired pursuant to G.S. 143B-133(i), upon the dedication of a monument to the veterans of World War I, World War II, and the Korean War. The monument was dedicated on May 27, 1990.
Former G.S. 143B-133 pertained to the creation of the Commission. Former G.S. 143B-133 .1 pertained to the powers of the Commission.
§ 143B-134.
Reserved for future codification purposes.
Part 30. African-American Heritage Commission.
§ 143B-135. Commission established.
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Creation and Duties. — There is created the African-American Heritage Commission in the Department of Natural and Cultural Resources to advise and assist the Secretary of Natural and Cultural Resources in the preservation, interpretation, and promotion of African-American history, arts, and culture. The Commission shall have the following powers and duties:
- To advise the Secretary of Natural and Cultural Resources on methods and means of preserving African-American history, arts, and culture.
- To promote public awareness of historic buildings, sites, structures, artwork, and culture associated with North Carolina’s African-American heritage through special programs, exhibits, and publications.
- To support African-American heritage education in elementary and secondary schools in coordination with North Carolina Public Schools.
- To build a statewide network of individuals and groups interested in the preservation of African-American history, arts, and culture.
- To develop a program to catalog, preserve, assess, and interpret all aspects of African-American history, arts, and culture.
- To advise the Secretary of Natural and Cultural Resources upon any matter the Secretary may refer to it.
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Composition and Terms. — The Commission shall consist of 10 members who shall serve staggered terms. The initial board shall be selected on or before October 1, 2008, as follows:
- Four appointed by the Governor, two of whom shall serve terms of three years, one of whom shall serve a term of two years, and one of whom shall serve a term of one year. At least one appointee shall be a member of the North Carolina Historical Commission.
- Three appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, one of whom shall serve a term of three years, one of whom shall serve a term of two years, and one of whom shall serve a term of one year.
- Three appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, one of whom shall serve a term of three years, one of whom shall serve a term of two years, and one of whom shall serve a term of one year.Upon the expiration of the terms of the initial Commission members, each member shall be appointed for a three-year term and shall serve until a successor is appointed.
- Vacancies. — A vacancy shall be filled in the same manner as the original appointment, except that all unexpired terms appointed by the General Assembly shall be filled in accordance with G.S. 120-122 . Appointees to fill vacancies shall serve the remainder of the unexpired term and until their successors have been duly appointed and qualified.
- Removal. — The Commission may remove any of its members for neglect of duty, incompetence, or unprofessional conduct. A member subject to disciplinary proceedings shall be disqualified from participating in the official business of the Commission until the charges have been resolved.
- Officers. — The chair shall be designated by the Governor from among the members of the Commission to serve as chair at the pleasure of the Governor. The Commission shall elect annually from its membership a vice-chair and other officers deemed necessary by the Commission to carry out the purposes of this Article.
- Meetings; Quorum. — The Commission shall meet at least semiannually to conduct business. The Board shall establish the procedures for calling, holding, and conducting regular and special meetings. A majority of Commission members shall constitute a quorum.
- Compensation. — The Commission members shall receive no salary as a result of serving on the Commission but shall receive per diem, subsistence, and travel expenses in accordance with the provisions of G.S. 120-3.1 , 138-5, and 138-6, as applicable.
History. 2008-107, s. 19A.2; 2015-241, s. 14.30(s), (t).
Effect of Amendments.
Session Laws 2015-241, s. 14.30(s), (t), effective July 1, 2015, in subsection (a), substituted “Secretary of Natural and Cultural Resources” for “Secretary of Cultural Resources” throughout and substituted “Department of Natural and Cultural Resources” for “Department of Cultural Resources.”
Part 30A. American Indian Heritage Commission.
§ 143B-135.5. American Indian Heritage Commission established.
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Creation and Duties. — There is created the American Indian Heritage Commission in the Department of Natural and Cultural Resources. The Commission shall advise and assist the Secretary of Natural and Cultural Resources in the preservation, interpretation, and promotion of American Indian history, arts, customs, and culture. The Commission shall have the following powers and duties:
- Assist in the coordination of American Indian cultural events.
- Advise the Secretary of Natural and Cultural Resources on the oversight and management of all State-managed American Indian historic sites.
- Promote public awareness of the annual American Indian Heritage Month Celebration.
- Encourage American Indian cultural tourism throughout the State of North Carolina.
- Advise the Secretary of Natural and Cultural Resources upon any matter the Secretary may refer to it.
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Members. — The Commission shall consist of 12 members. The initial board shall be selected on or before February 1, 2022, as follows:
- One representative recommended by each of the following tribes: Coharie, Eastern Band of Cherokee Nation, Haliwa-Saponi, Lumbee, Meherrin, Occaneechi Band of the Saponi Nation, Sappony, and Waccamaw-Siouan.
- One representative recommended by each of the following organizations: Cumberland County Association for Indian People, Guilford Native American Association, Metrolina Native American Association, and the Triangle Native American Society.
- Terms. — The members recommended by the Coharie, Eastern Band of Cherokee Nation, Haliwa-Saponi, and Lumbee Tribes and the members recommended by the Cumberland County Association for Indian People and the Guilford Native American Association shall serve initial terms of two years expiring on June 30, 2023. The members recommended by the Meherrin, Occaneechi Band of the Saponi Nation, Sappony, and Waccamaw-Siouan Tribes and the members recommended by the Metrolina Native American Association and the Triangle Native American Society shall serve initial terms of three years expiring on June 30, 2024. Upon the expiration of the terms of the initial members of the Commission, each member shall be appointed to terms for three years and shall serve until a successor is appointed.
- Vacancies. — A vacancy shall be filled in the same manner as the original appointment. Appointees to fill vacancies shall serve the remainder of the unexpired term and until their successors have been duly appointed and qualified.
- Removal. — The Commission may remove a member for misfeasance, malfeasance, nonfeasance, or neglect of duty.
- Officers. — The chair shall be elected from among the membership. The Commission shall select its other officers from among the membership as it deems necessary. All officers serve for one year or until successors are qualified.
- Meetings; Quorum. — The Commission shall meet at least semiannually to conduct business. The Commission shall establish the procedures for calling, holding, and conducting regular and special meetings. A majority of Commission members shall constitute a quorum. The Department of Natural and Cultural Resources shall provide space for the Commission to meet.
- Compensation. — The Commission members shall receive no salary as a result of serving on the Commission but shall receive per diem, subsistence, and travel expenses in accordance with the provisions of G.S. 138-5 and G.S. 138-6 , as applicable.
- Staffing. — The Secretary of the Department of Natural and Cultural Resources shall be responsible for staffing the Commission.
History. 2021-180, s. 14.9(a).
Editor's Note.
Session Laws 2021-180, s. 14.9(b), made this Part, as added by Session Laws 2021-180, s. 14.9(a), effective November 18, 2021.
Session Laws 2021-180, s. 14.10(a), provides: “The General Assembly authorizes the Department of Natural and Cultural Resources to add Bakers Lake State Natural Area in Bladen County to the State Parks System, as provided in G.S. 143B-135.54(b). The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this section; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the Bakers Lake State Natural Area with existing funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding.”
Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”
Session Laws 2021-180, s. 43.5, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2021-2023 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2021-2023 fiscal biennium.”
Session Laws 2021-180, s. 43.7, is a severability clause.
Part 31. Acquisition and Control of State Parks.
§ 143B-135.10. Definitions.
In this Part, unless the context requires otherwise, “Department” means the Department of Natural and Cultural Resources, and “Secretary” means the Secretary of Natural and Cultural Resources.
History. 1939, c. 317, s. 1; 1969, c. 342, s. 1; 1973, c. 1262, ss. 28, 86; 1977, c. 771, s. 4; 1987, c. 827, s. 90; 1989, c. 727, s. 49; 1991 (Reg. Sess., 1992), c. 890, s. 2; 1997-443, s. 11A.119(a); 2011-145, s. 13.25(n); 2015-241, s. 14.30(e), (l).
Cross References.
As to present provisions regarding acquisition and control of state forests and state recreational forests, see Article 74 of Chapter 106, G.S. 106-870 et seq.
Transfer of Division of Forest Resources.
Session Laws 2011-145, s. 13.25(a), provides: “(a) The Division of Forest Resources is transferred from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services with all the elements of a Type I transfer, as defined by G.S. 143A-6 .”
Session Laws 2011-145, s. 13.25(yy), provides: “The transfers under this section become effective July 1, 2011, and funds transferred shall be net of any changes enacted by this section.”
Session Laws 2011-145, s. 13.25(zz), provides: “Any references in this act to the Division of Forest Resources of the Department of Environment and Natural Resources shall be construed to refer to the Division of Forest Resources of the Department of Agriculture and Consumer Services. Any references in this act to the Forestry Council of the Department of Environment and Natural Resources shall be construed to refer to the Forestry Council of the Department of Agriculture and Consumer Services.”
Editor’s Note.
Former Article 2 of Chapter 113 (G.S. 113-29 to 113-44) was recodified as Part 31 of Article 2 of Chapter 143B (G.S. 143B-135.10 et seq.), by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.
Former G.S. 113-29 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.10 .
Session Laws 2011-145, s. 13.25(m) and (n), effective July 1, 2011, substituted “State Parks” for “State Forests and Parks” in the Subchapter II and Article 2 headings.
Session Laws 2011-145, s. 1.1, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2011.’ ”
Session Laws 2011-145, s. 32.5, is a severability clause.
Session Laws 2015-241, s. 14.11(b), provides: “The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums, may establish admission fees and related activity fees for those sites and facilities. In setting these fees, the Department of Environment and Natural Resources shall use a dynamic pricing strategy as defined in subsection (e) of this section. Any rule currently in the Administrative Code related to fees covered by subsection (a) of this section is ineffective and repealed upon the effective date of new admission fees and related activity fees adopted by the Department under the authority set out in that subsection. Notice of the initial adoption of new admission fees and related activity fees under subsection (a) of this section shall be given by the Department to the Codifier of Rules, who, upon receipt of notice of the initial adoption of new admission fees and related activity fees by the Department, shall note the repeal of these rules in the Administrative Code. Nothing in this subsection is intended to authorize the Department or any other department to charge new parking fees at the North Carolina Zoological Park, State parks, or the North Carolina Aquariums or to charge an admission fee at any other site or facility that does not currently charge an admission fee.”
Session Laws 2015-241, s. 14.11(e), provides: “For purposes of this section, ‘dynamic pricing’ is the adjustment of fees for admission and related activities from time to time to reflect market forces, including seasonal variations and special event interests, with the intent and effect to maximize revenues from use of these State resources to the extent practicable to offset appropriations from the General Assembly.”
Session Laws 2015-241, s. 14.11(g), as amended by Session Laws 2015-268, s. 5.5, provides: “The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums may not impose fees on school groups visiting those attractions. For purposes of this section, ‘fees’ refers to the regular admission charge, and does not include a separate admission charge for a special temporary exhibition or a special program.”
Session Laws 2015-241, s. 14.11(i), provides: “This section applies to admission fees or related activity fees charged on or after the effective date of this act [July 1, 2015].”
Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: “The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6 :
“(1) The Division of Parks and Recreation.
“(2) The State Parks System, including Mount Mitchell State Park.
“(3) The North Carolina Aquariums Division.
“(4) The North Carolina Zoological Park.
“(5) The North Carolina Museum of Natural Sciences.
“(6) Clean Water Management Trust Fund.
“(7) The Natural Heritage Program, within the Office of Land and Water Stewardship.”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2011-145, s. 13.25(n), effective July 1, 2011, rewrote the section catchline, which formerly read: “Policy and plan to be inaugurated by Department of Environment and Natural Resources”; and deleted subsection (b), which pertained to a policy and plan inaugurated by the Department of Environment and Natural Resources.
Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, rewrote the section.
Legal Periodicals.
For article, “The Pearl in the Oyster: The Public Trust Doctrine in North Carolina,” see 12 Campbell L. Rev. 23 (1989).
For note, “This Name Is Your Name: Public Landmarks, Private Trademarks, and Our National Parks,” see 67 Duke L.J. 145 (2017).
CASE NOTES
Editor’s Note. —
The annotation below was decided under prior law.
Declaratory Judgment Premature. —
None of the plaintiffs seeking a declaratory judgment that Article 2 of this Chapter and Article 3 of Chapter 113A are unconstitutional and praying that defendants be permanently enjoined from adopting a “Master Plan” for the Eno River State Park had as yet been directly and adversely affected by the statutes they sought to challenge, and the plaintiffs failed to show the existence of a genuine controversy cognizable under the Declaratory Judgment Act, where no condemnation proceeding affecting any lands of the plaintiffs had as yet been instituted, and all that had occurred was that employees of the Division of Parks and Recreation had made initial alternative planning proposals for a State park which contemplated ultimate acquisition of certain lands of the plaintiffs for park purposes. Barbour v. Little, 37 N.C. App. 686, 247 S.E.2d 252, 1978 N.C. App. LEXIS 2830 , cert. denied, 295 N.C. 733 , 248 S.E.2d 862, 1978 N.C. LEXIS 1129 (1978).
§ 143B-135.12. Power to acquire lands as State parks, and other recreational areas; donations or leases by United States; leases for recreational purposes.
- The Department may acquire by gift, purchase, or condemnation under the provisions of Chapter 40A of the General Statutes, areas of land in different sections of the State that may in the opinion of the Department be necessary for the purpose of establishing or developing State parks, and other areas and developments essential to the effective operation of the State park activities under its charge. Condemnation proceedings shall be instituted and prosecuted in the name of the State, and any property so acquired shall be administered, developed, and used for public recreation and for other purposes authorized or required by law. Before any action or proceeding under this section can be exercised, the approval of the Governor and Council of State shall be obtained and filed with the clerk of the superior court in the county or counties where the property is located. The Attorney General shall ensure that all deeds to the State for land acquired under this section are properly executed before the gift is accepted or payment of the purchase money is made.
- The Department may accept as gifts to the State any submarginal farmland acquired by the federal government that is suitable for the purpose of creating and maintaining game refuges, public shooting grounds, State parks, State lakes, and other recreational areas, or to enter into longtime leases with the federal government for the areas and administer them with funds secured from their administration in the best interest of longtime public use, supplemented by any appropriations made by the General Assembly. The Department may segregate revenue derived from State hunting and fishing licenses, use permits, and concessions and other proper revenue secured through the administration of State game refuges, public shooting grounds, State parks, State lakes, and other recreational areas to be deposited in the State treasury to the credit of the Department to be used for the administration of these areas.
- The Department, with the approval of the Governor and Council of State, may enter into leases of lands and waters for State parks, State lakes, and recreational purposes.
- The authority granted to the Department under this section is in addition to any authority granted to the Department under any other provision of law.
History. 1915, c. 253, s. 1; C.S., s. 6124; 1925, c. 122, s. 22; 1935, c. 226; 1941, c. 118, s. 1; 1951, c. 443; 1953, c. 1109; 1957, c. 988, s. 2; 1965, c. 1008, s. 1; 1973, c. 1262, ss. 28, 86; 1977, c. 771, s. 4; 1987, c. 827, s. 91; 1989, c. 727, s. 54; 1993, c. 539, s. 829; 1994, Ex. Sess., c. 24, s. 14(c); 2001-487, s. 38(e); 2003-284, s. 35.1(a); 2011-145, s. 13.25(n); 2015-241, s. 14.30(e).
Local Modification.
Swain: 1951, c. 443.
Cross References.
As to power of the Department of Administration to acquire conservation lands not included in the State Parks System, see G.S. 143B-135.14 .
Editor’s Note.
Former G.S. 113-34 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.12 . At the direction of the Revisor of Statutes, subsection (f) was redesignated as subsection (d) to eliminate the repeal lines.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2011-145, s. 13.25(n), effective July 1, 2011, in the section catchline, deleted “forests” following “State”; in subsection (a), deleted the former first three sentences, which read: “The Governor may, upon recommendation of the Department, accept gifts of land to the State to be held, protected, and administered by the Department as State forests, and to be used so as to demonstrate the practical utility of timber culture and water conservation, and as refuges for game. The gifts of land must be absolute except in cases where the mineral interest on the land has previously been sold. The Department may purchase lands in the name of the State, suitable chiefly for the production of timber, as State forests, for experimental, demonstration, educational, park, and protection purposes, using for these purposes any special appropriations or funds available,” in the first sentence, inserted “gift, purchase, or” and deleted “State forests” preceding “State parks” and “State forestry and” preceding “State park,” and in the second sentence, deleted “for experiment and demonstration in forest management” following “developed, and used” and made a minor stylistic change; and in subsection (b), in the first sentence, deleted “forest and” preceding “submarginal” and “State forests” following “maintaining,” and in the last sentence, deleted “forests” following the second occurrence of “State.”
CASE NOTES
Deed Conveying Revolutionary War Battle Site to State for Specific Purposes Held to Be Absolute. —
See Roten v. State, 8 N.C. App. 643, 175 S.E.2d 384, 1970 N.C. App. LEXIS 1639 (1970) (decided under prior law) .
§ 143B-135.14. Power to acquire conservation lands not included in the State Parks System.
The Department of Administration may acquire and allocate to the Department of Natural and Cultural Resources for management by the Division of Parks and Recreation lands that the Department of Natural and Cultural Resources finds are important for conservation purposes but which are not included in the State Parks System. Lands acquired pursuant to this section are not subject to Part 32 of Article 2 of Chapter 143B of the General Statutes and may be traded or transferred as necessary to protect, develop, and manage the Mountains to Sea State Park Trail, other State parks, or other conservation lands. This section does not expand the power granted to the Department of Natural and Cultural Resources under G.S. 143B-135.12(a) to acquire land by condemnation.
History. 2000-157, s. 3; 2015-241, s. 14.30(e), (l).
Editor’s Note.
Former G.S. 113-34.1 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.14 .
Effect of Amendments.
Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted “Natural and Cultural Resources” for “Environment and Natural Resources” throughout the section; substituted “Part 32 of Article 2 of Chapter 143B” for “Article 2C of Chapter 113” in the second sentence; and substituted “G.S. 143B-135.12(a)” for “G.S. 113-34(a)” in the last sentence.
§ 143B-135.16. Control over State parks; operation of public service facilities; concessions to private concerns; authority to charge fees and adopt rules.
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The Department shall make reasonable rules governing the use by the public of State parks and State lakes under its charge. These rules shall be posted in conspicuous places on and adjacent to the properties of the State and at the courthouse of the county or counties in which the properties are located. A violation of these rules is punishable as a Class 3 misdemeanor. Notwithstanding any other provision of law, violations of rules regarding the following shall be punishable as an infraction and carry a penalty of not more than twenty-five dollars ($25.00):
- Parking a motor vehicle outside of a designated area.
- Persons using skateboards, rollerblades, roller skates, or similar devices in prohibited areas.
- Persons bathing animals or washing clothes or motor vehicles.
- Persons bathing, wading, surfing, diving, scuba diving, or swimming in undesignated areas.
- Persons carrying or depositing glass, crockery, or any metallic substance on a swimming area or beach.
- Persons using boats, rafts, surfboards, personal watercraft, canoes, or other vessels in designated swimming areas.
- Persons fishing in nondesignated areas.A person found responsible for a violation carrying a penalty of an infraction of this section shall not be assessed court costs for the infraction.
- The Department may adopt rules under which the Secretary may issue a special-use permit authorizing the use of pyrotechnics in State parks in connection with public exhibitions. The rules shall require that experts supervise the use of pyrotechnics and that written authorization for the use of pyrotechnics be obtained from the board of commissioners of the county in which the pyrotechnics are to be used, as provided in G.S. 14-410 . The Secretary may impose any conditions on a permit that the Secretary determines to be necessary to protect public health, safety, and welfare. These conditions shall include a requirement that the permittee execute an indemnification agreement with the Department and obtain general liability insurance covering personal injury and property damage that may result from the use of pyrotechnics with policy limits determined by the Secretary.
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The Department may construct, operate, and maintain within the State parks, State lakes, and other areas under its charge suitable public service facilities and conveniences, and may charge and collect reasonable fees for the use of these facilities and conveniences. The Department may also charge and collect reasonable fees for each of the following:
- The erection, maintenance, and use of docks, piers, and any other structures permitted in or on State lakes under rules adopted by the Department.
- Fishing privileges in State parks and State lakes, provided that these privileges shall be extended only to holders of State hunting and fishing licenses who comply with all State game and fish laws.
- Vehicle access for off-road driving at the beach at Fort Fisher State Recreation Area.
- The erection, maintenance, and use of a marina at Carolina Beach.
- Members of the public who pay a fee under subsection (c) of this section for access to Fort Fisher State Recreation Area may have 24-hour access to Fort Fisher State Recreation Area from September 15 through March 15 of each year.
- The Department may make reasonable rules for the operation and use of boats or other craft on the surface of the waters under its charge. The Department may charge and collect reasonable fees for the use of boats and other watercraft that are purchased and maintained by the Department; however, the Department shall not charge a fee for the use or operation of any other boat or watercraft on these waters.
- The Department may grant to private individuals or companies concessions for operation of public service facilities for such periods and upon such conditions as the Department deems to be in the public interest. The Department may adopt reasonable rules for the regulation of the use by the public of the lands and waters under its charge and of the public service facilities and conveniences authorized under this section. A violation of these rules is punishable as a Class 3 misdemeanor.
- The Department shall validate no less frequently than every five years the number of visitors per car used in the calculation of visitor counts at State Parks.
- The authority granted to the Department under this section is in addition to any authority granted to the Department under any other provision of law.
History. 1931, c. 111; 1947, c. 697; 1965, c. 1008, s. 2; 1969, c. 343; 1973, c. 547; c. 1262, ss. 28, 86; 1977, c. 771, s. 4; 1987, c. 827, s. 92; 1989, c. 727, s. 55; 1993, c. 539, ss. 830, 831; 1994, Ex. Sess., c. 24, s. 14(c); 1997-258, s. 2; 1997-443, s. 11A.119(a); 2003-284, ss. 35.1(b), 35.1A(a), 35.1A(b); 2004-124, s. 12.3(a); 2011-145, s. 13.25(n); 2012-93, s. 2(3); 2015-241, s. 14.30(e), (l); 2019-241, s. 2(a).
Editor’s Note.
Former G.S. 113-35 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.16 .
Session Laws 1997-258, s. 3, provides: “This act constitutes a recent act of the General Assembly within the meaning of G.S. 150B-21.1 . The Department of Environment and Natural Resources may adopt temporary rules to implement the provisions of G.S. 113-35(a1), as enacted by Section 2 of this act.”
Session Laws 2003-284, s. 1.2, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2003’.”
Session Laws 2003-284, s. 35.1(c), provides: “Notwithstanding G.S. 150B-21.1 , the Department of Environment and Natural Resources may adopt temporary rules to establish fees under G.S. 113-35(b)(3), as amended by subsection (b) of this section, within six months after the effective date of this section.”
Session Laws 2003-284, s. 35.1A(c), provides: “The Department of Environment and Natural Resources may adopt temporary rules to increase fees under G.S. 113-35 , as amended by subsections (a) and (b) of this section, for the use of public service facilities and conveniences located in State forests, State parks, State lakes, and other areas under the charge of the Division of Parks and Recreation.”
Session Laws 2003-284, s. 48.1, provides: “Parts 32 through 47 of this act do not affect the rights or liabilities of the State, a taxpayer, or another person arising under a statute amended or repealed by those parts before the effective date of its amendment or repeal; nor do they affect the right to any refund or credit of a tax that accrued under the amended or repealed statute before the effective date of its amendment or repeal.”
Session Laws 2003-284, s. 49.3, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2003-2005 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2003-2005 fiscal biennium.”
Session Laws 2003-284, s. 49.5, is a severability clause.
The first sentence of Session Laws 2012-93, s. 2(3), effective June 28, 2012, has been codified as subsection (d1) of this section at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 14.30( l ), recodified subsection (d1) as subsection (g).
Session Laws 2012-93, s. 2(3), provides, in part, that the first report on the analysis described in subsection (d1) of this section shall be presented to the House Appropriations Subcommittee on Natural and Economic Resources and the Senate Appropriations Committee on Natural and Economic Resources no later than October 1, 2013.
Session Laws 2019-241, s. 2(b), made the last two sentences of subsection (a), including subdivisions (1) through (7), as added by Session Laws 2019-241, s. 2(a), effective December 1, 2019, and applicable to offenses committed on or after that date.
Effect of Amendments.
Session Laws 2004-124. s. 12.3(a), effective July 1, 2004, inserted subsection (b1).
Session Laws 2011-145, s. 13.25(n), effective July 1, 2011, in the section catchline, deleted “State timber may be sold by Department; forest nurseries” from the beginning, and substituted “Control over State parks” for “Control over parks”; in subsection (a), deleted the former first four sentences, which pertained to authority of Department to sell, cut, and remove timber and other products of State forests, and in the first sentence, substituted “State parks and State lakes” for “State forests, State parks, State lakes, game refuges, and public shooting grounds”; in the first sentence of subsection (b) and in subdivision (b)(2), deleted “State forests” preceding “State parks”; and in subdivision (b)(2), deleted “Hunting privileges on State forests and” from the beginning, and made minor stylistic changes.
Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, redesignated former subsections (a1), (b), (b1), (c), (d), (d1), and (e) as subsections (b) through (h), respectively; substituted “subsection (c)” for “subsection (b)” in subsection (d); and deleted “implement the following recommendations:” preceding “validate” in subsection (g).
Session Laws 2019-241, s. 2(a), added the last two sentences of subsection (a), including subdivisions (1) through (7). For effective date and applicability, see editor’s note.
§ 143B-135.18. Legislative authority necessary for payment.
Nothing in this Part shall operate or be construed as authority for the payment of any money out of the State treasury for the purchase of lands or for other purposes unless by appropriation for said purpose by the General Assembly.
History. 1915, c. 253, s. 21/2; C.S., s. 6126; 2015-241, s. 14.30(e), (l).
Editor’s Note.
Former G.S. 113-37 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.18 .
Effect of Amendments.
Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted “Part” for “Article.”
§ 143B-135.20. License fees for hunting and fishing on government-owned property unaffected.
No wording in G.S. 113-307.1(a), or any other North Carolina statute or law, or special act, shall be construed to abrogate the vested rights of the State of North Carolina to collect fees for license for hunting and fishing on any government-owned land or in any government-owned stream in North Carolina including the license for county, State or nonresident hunters or fishermen; or upon any lands or in any streams hereafter acquired by the federal government within the boundaries of the State of North Carolina. The lands and streams within the boundaries of the Great Smoky Mountains National Park to be exempt from this section.
History. 1933, c. 537, s. 2; 1979, c. 830, s. 6; 2011-145, s. 13.25(n); 2015-241, s. 14.30(e).
Editor’s Note.
Former G.S. 113-39 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.20 .
Effect of Amendments.
Session Laws 2011-145, s. 13.25(n), effective July 1, 2011, substituted “exempt from this section” for “excepted from this section” in the last sentence.
§ 143B-135.22. Donations of property for park purposes; agreements with federal government or agencies for acquisition.
The Department is hereby authorized and empowered to accept gifts, donations or contributions of land suitable for park purposes and to enter into agreements with the federal government or other agencies for acquiring by lease, purchase or otherwise such lands as in the judgment of the Department are desirable for State parks.
History. 1935, c. 430, s. 1; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 58; 2011-145, s. 13.25(n); 2015-241, s. 14.30(e).
Editor’s Note.
Former G.S. 113-40 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.22 .
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2011-145, s. 13.25(n), effective July 1, 2011, in the section catchline and in the section text, deleted “forestry or” preceding “park purposes”; and in the section text, deleted “State forests or” preceding “State parks.”
§ 143B-135.24. Expenditure of funds for development, etc.; disposition of products from lands; rules.
When lands are acquired or leased under G.S. 143B-135.22 , the Department is hereby authorized to make expenditures from any funds not otherwise obligated, for the management, development and utilization of such areas; to sell or otherwise dispose of products from such lands, and to make such rules as may be necessary to carry out the purposes of G.S. 143B-135.22 to 143B-135.30.
History. 1935, c. 430, s. 2; 1987, c. 827, s. 93; 2015-241, s. 14.30(e).
Editor’s Note.
Former G.S. 113-41 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.24 . Statutory references in text were updated at the direction of the Revisor of Statutes to conform to the recodification.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.26. Disposition of revenues received from lands acquired.
All revenues derived from lands now owned or later acquired under the provisions of G.S. 143B-135.22 to 143B-135.30 shall be set aside for the use of the Department in acquisition, management, development and use of such lands until all obligations incurred have been paid in full. Thereafter, fifty percent (50%) of all net profits accruing from the administration of such lands shall be applicable for such purposes as the General Assembly may prescribe, and fifty percent (50%) shall be paid into the school fund to be used in the county or counties in which lands are located.
History. 1935, c. 430, s. 3; 2015-241, s. 14.30(e).
Editor’s Note.
Former G.S. 113-42 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.26 . Statutory references in text were updated at the direction of the Revisor of Statutes to conform to the recodification.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.28. State not obligated for debts created hereunder.
Obligations for the acquisition of land incurred by the Department under the authority of G.S. 143B-135.22 to 143B-135.30 shall be paid solely and exclusively from revenues derived from such lands and shall not impose any liability upon the general credit and taxing power of the State.
History. 1935, c. 430, s. 4; 2015-241, s. 14.30(e).
Editor’s Note.
Former G.S. 113-43 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.28 . Statutory references in text were updated at the direction of the Revisor of Statutes to conform to the recodification.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.30. Disposition of lands acquired.
The Department shall have full power and authority to sell, exchange or lease lands under its jurisdiction when in its judgment it is advantageous to the State to do so in the highest orderly development and management of State parks: Provided, however, said sale, lease or exchange shall not be contrary to the terms of any contract which it has entered into.
History. 1935, c. 430, s. 5; 2011-145, s. 13.25(n); 2015-241, s. 14.30(e).
Editor’s Note.
Former G.S. 113-44 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.30 .
Effect of Amendments.
Session Laws 2011-145, s. 13.25(n), effective July 1, 2011, deleted “State forests and” preceding “State parks.”
Part 32. State Parks Act.
§ 143B-135.40. Short title.
This Part shall be known as the State Parks Act.
History. 1987, c. 243, s. 1; 2015-241, s. 14.30(e), (l).
Cross References.
As to power of the Department of Administration to acquire conservation lands not included in the State Parks System, see G.S. 143B-135.14 .
Editor’s Note.
Former Article 2C of Chapter 113 (G.S. 113-44.7 to 113-44.15) was recodified as Part 32 of Article 2 of Chapter 143B (G.S. 143B-135.40 et seq.), by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.
Former G.S. 113-44.7 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.40 .
Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: “The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6 :
“(1) The Division of Parks and Recreation.
“(2) The State Parks System, including Mount Mitchell State Park.
“(3) The North Carolina Aquariums Division.
“(4) The North Carolina Zoological Park.
“(5) The North Carolina Museum of Natural Sciences.
“(6) Clean Water Management Trust Fund.
“(7) The Natural Heritage Program, within the Office of Land and Water Stewardship.”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted “Part” for “Article.”
Legal Periodicals.
For article, “The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation,” see 29 Campbell L. Rev. 535 (2007).
§ 143B-135.42. Declaration of policy and purpose.
- The State of North Carolina offers unique archaeologic, geologic, biological, scenic, and recreational resources. These resources are part of the heritage of the people of this State. The heritage of a people should be preserved and managed by the people for their use and for the use of their visitors and descendants.
- The General Assembly finds it appropriate to establish the State Parks System. This system shall consist of parks which include representative examples of the resources sought to be preserved by this Part, together with such surrounding lands as may be appropriate. Park lands are to be used by the people of this State and their visitors in order to promote understanding of and pride in the natural heritage of this State.
- The tax dollars of the people of the State should be expended in an efficient and effective manner for the purpose of assuring that the State Parks System is adequate to accomplish the goals as defined in this Part.
- The purpose of this Part is to establish methods and principles for the planned acquisition, development, and operation of State parks.
History. 1987, c. 243, s. 1; 2003-340, s. 1.1; 2015-241, s. 14.30(e), (l).
Editor’s Note.
Former G.S. 113-44.8 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.42 .
Effect of Amendments.
Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted “Part” for “Article” throughout the section.
§ 143B-135.43. Control of Mount Mitchell Park and other parks in the North Carolina State Parks System.
The Department shall have responsibility for: (1) the control and management of Mount Mitchell Park and of any other parks which have been or may be acquired by the State as part of the North Carolina State Parks System and (2) the planning and coordination of State trails, which are components of the State Parks System, authorized by the General Assembly pursuant to G.S. 143B-135.54(b).
History. 1925, c. 122, s. 23; 1973, c. 1262, s. 28; 1977, c. 771, s. 4; 1989, c. 727, s. 43; 2015-241, s. 14.30(e); 2019-20, s. 3(a).
Cross References.
For further provisions relating to Mount Mitchell Park, see G.S. 100-11 through 100-15.
Editor’s Note.
Former G.S. 113-23 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.43 .
Effect of Amendments.
Session Laws 2019-20, s. 3(a), effective June 3, 2019, inserted “responsibility for: (1)” after “shall have” and added “and (2) the planning and coordination of State trails, which are components of the State Parks System, authorized by the General Assembly pursuant to G.S. 143B-135.54(b).
§ 143B-135.44. Definitions.
As used in this Part, unless the context requires otherwise:
- “Department” means the Department of Natural and Cultural Resources.
- “Park” means any tract of land or body of water comprising part of the State Parks System under this Part, including existing State parks, State natural areas, State recreation areas, State trails, State rivers, and State lakes.
- “Plan” means State Parks System Plan.
- “Secretary” means the Secretary of Natural and Cultural Resources.
- “State Parks System” or “system” mean all those lands and waters which comprise the parks system of the State as established under this Part.
History. 1987, c. 243, s. 1; 1989, c. 727, s. 218(50); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(e), (l).
Editor’s Note.
Former G.S. 113-44.9 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.44 .
Effect of Amendments.
Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted “this Part” for “this Article” in the introductory language and in subdivisions (2) and (5); and substituted “Natural and Cultural Resources” for “Environment and Natural Resources” in subdivisions (1) and (4).
§ 143B-135.46. Powers of the Secretary.
The Secretary shall implement the provisions of this Part and shall be responsible for the administration of the State Parks System.
History. 1987, c. 243, s. 1; 2015-241, s. 14.30(e), (l).
Editor’s Note.
Former G.S. 113-44.10 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.46 .
Effect of Amendments.
Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted “Part” for “Article.”
§ 143B-135.48. Preparation of a System Plan.
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The Secretary shall prepare and adopt a State Parks System Plan by December 31, 1988. The Plan, at a minimum, shall:
- Outline a method whereby the mission and purposes of the State Parks System as defined in G.S. 143B-135.42 can be achieved in a reasonable, timely, and cost-effective manner;
- Evaluate existing parks against these standards to determine their statewide significance;
- Identify duplications and deficiencies in the current State Parks System and make recommendations for correction;
- Describe the resources of the existing State Parks System and their current uses, identify conflicts created by those uses, and propose solutions to them; and
- Describe anticipated trends in usage of the State Parks System, detail what impacts these trends may have on the State Parks System, and recommend means and methods to accommodate those trends successfully.
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The Plan shall be developed with full public participation, including a series of public meetings held on adequate notice under rules which shall be adopted by the Secretary. The purpose of the public meetings and other public participation shall be to obtain from the public:
- Views and information on the needs of the public for recreational resources in the State Parks System;
- Views and information on the manner in which these needs should be addressed;
- Review of the draft plan prepared by the Secretary before he adopts the Plan.
- The Secretary shall revise the Plan at intervals not exceeding five years. Revisions to the Plan shall be made consistent with and under the rules providing public participation in adoption of the Plan.
- No later than October 1, 2018, and every five years thereafter, the Department shall submit electronically the State Parks System Plan to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division. Concurrently, the Department shall submit a summary of each change to the Plan that was made during the previous five fiscal years.
History. 1987, c. 243, s. 1; 2010-31, s. 13.13; 2015-241, s. 14.30(e), (l); 2017-10, s. 4.20.
Editor’s Note.
Former G.S. 113-44.11 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.48 .
Effect of Amendments.
Session Laws 2010-31, s. 13.13, effective July 1, 2010, added subsection (d).
Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted “G.S. 143B-135.42” for “G.S. 113-44.8” in subdivision (a)(1) and substituted “appropriations committees with jurisdiction over natural and cultural resources” for “Appropriations Subcommittees on Natural and Economic Resources” in subsection (d).
Session Laws 2017-10, s. 4.20, effective May 4, 2017, in subsection (d), substituted “October 1, 2018, and every five years thereafter” for “October 1 of each year,” substituted “the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources” for “the Senate and the House of Representatives appropriations committees with jurisdiction over natural and cultural resources,” and substituted “five fiscal years” for “fiscal year” at the end of the sentence.
§ 143B-135.50. Classification of parks resources.
After adopting the Plan, the Secretary shall identify and classify the major resources of each of the parks in the State Parks System, in order to establish the major purpose or purposes of each of the parks, consistent with the Plan and the purposes of this Part.
History. 1987, c. 243, s. 1; 2015-241, s. 14.30(e), (l).
Editor’s Note.
Former G.S. 113-44.12 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.50 .
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted “Part” for “Article.”
§ 143B-135.52. General management plans.
Every park classified pursuant to G.S. 143B-135.50 shall have a general management plan. The plan shall include a statement of purpose for the park based upon its relationship to the System Plan and its classification. An analysis of the major resources and facilities on hand to achieve those purposes shall be completed along with a statement of management direction. The general management plan shall be revised as necessary to comply with the System Plan and to achieve the purposes of this Part.
History. 1987, c. 243, s. 1; 2015-241, s. 14.30(e), (l).
Editor’s Note.
Former G.S. 113-44.13 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.52 .
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted “G.S. 143B-35.50” for “G.S. 113-44.12” in the first sentence and substituted “Part” for “Article” in the last sentence.
§ 143B-135.54. Additions to and deletions from the State Parks System.
- If, in the course of implementing G.S. 143B-135.50 the Secretary determines that the major purposes of a park are not consistent with the purposes of this Part and the Plan, the Secretary may propose to the General Assembly the deletion of that park from the State Parks System. On a majority vote of each house of the General Assembly, the General Assembly may remove the park from the State Parks System. No other agency or governmental body of the State shall have the power to remove a park or any part from the State Parks System.
- New parks shall be added to the State Parks System by the Department after authorization by the General Assembly. Each additional park shall be authorized only by an act of the General Assembly. Additions shall be consistent with and shall address the needs of the State Parks System as described in the Plan. All additions shall be accompanied by adequate authorization and appropriations for land acquisition, development, and operations.
History. 1987, c. 243, s. 1; 2015-241, s. 14.30(e), (l).
Cross References.
For components to the State Nature and Historic Preserve, see G.S. 143-260.10 .
Falls Lake State Trail.
Session Laws 1999-459, s. 3, pursuant to the requirements of G.S. 113-44.14 applicable to the deletion of land from the State Parks System, provides for the deletion from the State Parks System of all segments and the entire width of the Falls Lake State Trail located within game lands managed by the Wildlife Resources Commission. This land is shown on a map entitled “Lands to be Deleted from Falls Lake State Recreation Area”, dated 5 March 1999 and filed in the State Property Office. The State’s leased interest in this land is reallocated to the Wildlife Resources Commission, and the Wildlife Resources Commission is to manage this land.
Session Laws 2000-17, s. 1, effective June 22, 2000, authorizes the Department of Environment and Natural Resources to add Bullhead Mountain State Natural Area to the State Parks System as provided in G.S. 113-44.14(b).
Session Laws 2000-102, s. 1, effective July 11, 2001, authorizes the Department of Environment and Natural Resources to add Lea Island State Natural Area to the State Parks System as provided in G.S. 113-44.14(b).
Session Laws 2000-157, ss. 1 and 2, effective August 2, 2000, authorizes the Department of Environment and Natural Resources to add the Mountains to Sea State Park Trail to the State Parks System as provided in G.S. 113-44.14(b), to be comprised only of those lands or easements which are or will be allocated for management to the Division of Parks and Recreation for this purpose. The Division is to promote, encourage, and facilitate the establishment of dedicated connecting trails through lands managed by other governmental agencies and nonprofit organizations in order to form a continuous trail across the State. At least five business days prior to initiating condemnation proceedings to acquire land for the Mountains to Sea State Park Trail, the Department of Administration is to notify the board of commissioners of the county in which the land is located and, if the land is located in a municipality, the board of commissioners of the municipality. Unless a governing body of a county or municipality notifies the Department of Administration within five business days that it objects to the proceedings, the Department of Administration may initiate the proceedings. The Department of Administration is not to initiate proceedings if a governing body of a county or municipality notifies the Department of Administration within five business days that it objects to the proceedings.
Session Laws 2002-89, ss. 1 and 2, effective August 22, 2002, authorize the Department of Environment and Natural Resources to add Elk Knob State Natural Area and Beech Creek Bog State Natural Area to the State Parks System as provided in G.S. 113-44.14(b).
Session Laws 2002-149, s. 2, effective October 9, 2002, provides: “Boone’s Cave State Natural Area is deleted from the State Parks System pursuant to G.S. 113-44.14 . The State may transfer this property to Davidson County for management as a park. The instrument transferring this property shall provide that the State retains a possibility of reverter and shall provide that, in the event that Davidson County ceases to manage the property as a park, the property shall revert to the State. The State may not otherwise sell or exchange the property.”
Session Laws 2003-106, s. 1, effective May 31, 2003, authorizes the Department of Environment and Natural Resources to add Mayo River State Park to the State Parks System as provided by G.S. 113-44.14(b).
Session Laws 2003-108, s. 1, effective May 31, 2003, authorizes the Department of Environment and Natural Resources to add Haw River State Park to the State Parks System as provided by G.S. 113-44.14(b).
Session Laws 2003-234, provides in its preamble: “Whereas, Section 5 of Article XIV of the Constitution of North Carolina authorizes the dedication of State and local government properties as part of the State Nature and Historic Preserve upon acceptance by a law enacted by a three-fifths vote of the members of each house of the General Assembly and provides for removal of properties from the State Nature and Historic Preserve by a law enacted by a three-fifths vote of the members of each house of the General Assembly; and
“Whereas, the General Assembly enacted the State Nature and Historic Preserve Dedication Act, Chapter 443 of the 1973 Session Laws, to prescribe the conditions and procedures under which properties may be specifically dedicated for the purposes set out in Section 5 of Article XIV of the Constitution of North Carolina; and
“Whereas, over 6,700 acres have been added to the State Parks System since the last dedication and acceptance of properties as part of the State Nature and Historic Preserve pursuant to a petition of the Council of State dated 3 April 2001, and
“Whereas, in accordance with G.S. 143-260.8 , on 6 May 2003 the Council of State voted to petition the General Assembly to enact a law pursuant to Section 5 of Article XIV of the Constitution of North Carolina to dedicate and accept properties added to the State Parks System and designated in the petition for inclusion as parts of the State Nature and Historic Preserve; and
“Whereas, as a part of its petition of 6 May 2003 the Council of State also requested the General Assembly to remove certain properties from the State Nature and Historic Preserve; and
“Whereas, G.S. 113-44.14 provides for additions to, and deletions from, the State Parks System upon authorization by the General Assembly; Now, therefore,”
Session Laws 2003-234, s. 2, provides: “The following tracts of land are removed from the State Nature and Historic Preserve pursuant to Section 5 of Article XIV of the Constitution of North Carolina:
“(1) The portion of that certain tract or parcel of land at Crowders Mountain State Park in Cleveland County, Number Four Township, described in Deed Book 1286, Page 85, and containing 1.64 acres as shown on the drawing prepared by the Division of Parks and Recreation entitled ‘Property to be Excepted Crowders Mountain State Park’ dated 14 April 2003 and filed in the State Property Office.
“(2) The portion of those certain tracts or parcels of land at South Mountains State Park in Burke County, Lower Creek Township, described in Deed Book 925, Page 1284, and Deed Book 870, Page 1729 required for the right-of-way and easements for the relocation of SR 1904 within the Park and shown on the drawing prepared by Suttles Surveying P.A. entitled “Survey of the Proposed Centerline of the New Road Alignment for the State of North Carolina” bearing the preparer’s file name 12455D.dwg, dated 10 April 2003 and filed in the State Property Office.
“(3) The portion of that certain tract or parcel of land at South Mountains State Park in Burke County, Morganton Township, described in Deed Book 28, Page 607, Deed Book 28, Page 467, and Plat Book 3, Page 78, and containing 0.33 acres as shown on the drawing prepared by Hawkins Land Surveying entitled ‘Subdivision for Trustees of Walker Top Baptist Church’ dated 26 September 2001 and filed with the State Property Office.
“(4) The portion of that certain tract or parcel of land at Eno River State Park in Durham County, Durham Outside Township, described in Deed Book 435, Page 673, and Plat Book 87, Page 66, containing 11,000 square feet and being the portion of Lot No. 2 shown as the existing scenic easement hereby removed on the drawing prepared by Sear-Brown entitled ‘Recombination Plat Eno Forest Subdivision’ bearing the preparer’s file name 00-208-07.dwg, and filed with State Property Office.”
Session Laws 2003-234, s. 4, provides: “In accordance with G.S. 143-260.8(e), the Secretary of State is directed to forward a certified copy of this act to the register of deeds of each county in which any portion of the property dedicated and accepted or removed by this act as part of the State Nature and Historic Preserve is located.”
Session Laws 2003-234, s. 5, effective June 19, 2003, provides that Waynesborough State Park is deleted from the State Parks System pursuant to G.S. 113-44.14 .
The preamble to Session Laws 2004-24, provides: “Whereas, Section 5 of Article XIV of the Constitution of North Carolina states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas, and in every other appropriate way to preserve as a part of the common heritage of this State, its open lands and places of beauty; and
“Whereas, the 1987 General Assembly enacted the State Parks Act, which declares that the State of North Carolina offers unique archaeological, geologic, biological, scenic, and recreational resources, and that these resources are part of the heritage of the people of the State, which should be preserved and managed by the people for their use and for the use of their visitors and descendants; and
“Whereas, the Lower Haw River in Chatham County is considered nationally significant for its biological resources, including several rare species and possesses biological, scenic, and recreational resources of statewide significance; and
“Whereas, the Division of Parks and Recreation of the Department of Environment and Natural Resources has identified the Lower Pee Dee, which includes Blewett Falls Lake, as the highest ranked candidate for establishment of a State Recreation Area; Now, therefore, The General Assembly of North Carolina enacts:”
Session Laws 2004-24, s. 1, provides: “The General Assembly authorizes the Department of Environment and Natural Resources to add the Lower Haw River State Natural Area to the State Parks System as provided by G.S. 113-44.14(b).”
Session Laws 2004-25 provides in its preamble: “Whereas, Section 5 of Article XIV of the Constitution of North Carolina authorizes the dedication of State and local government properties as part of the State Nature and Historic Preserve upon acceptance by a law enacted by a three-fifths vote of the members of each house of the General Assembly and provides for removal of properties from the State Nature and Historic Preserve by a law enacted by a three-fifths vote of the members of each house of the General Assembly; and
“Whereas, the General Assembly enacted the State Nature and Historic Preserve Dedication Act, Chapter 443 of the 1973 Session Laws, to prescribe the conditions and procedures under which properties may be specifically dedicated for the purposes set out in Section 5 of Article XIV of the Constitution of North Carolina; and
“Whereas, G.S. 113-44.14 provides for additions to, and deletions from, the State Parks System upon authorization by the General Assembly; Now, therefore,
“The General Assembly of North Carolina enacts:”
Session Laws 2004-25, s. 1, provides: “The following tracts of land are removed from the State Nature and Historic Preserve pursuant to Section 5 of Article XIV of the Constitution of North Carolina: The portion of that certain tract or parcel of land at Hemlock Bluffs State Natural Area in Wake County, Swift Creek Township, described in Deed Book 2461, Page 037, containing 2,025 square feet and being the portion of this tract shown as proposed R/W on the drawing prepared by Titan Atlantic Group entitled ‘Right of Way Acquisition Map for Town of Cary Widening of Kildaire Farm Road (SR 1300) from Autumgate Drive to Palace Green’ sheet 1 of 3 bearing the preparer’s file name Town of Cary Case File No. TOC 01-37, dated 26 September 2003, and filed with the State Property Office; and the portion of those certain tracts or parcels of land at Hemlock Bluffs State Natural Area in Wake County, Swift Creek Township, described in Deed Book 4670, Page 420, containing 24,092 square feet and being the portion of these tracts shown as proposed R/W on the drawing prepared by Titan Atlantic Group entitled ‘Right of Way Acquisition Map for Town of Cary Widening of Kildaire Farm Road (SR 1300) from Autumgate Drive to Palace Green’ sheet 3 of 3 bearing the preparer’s file name Town of Cary Case File No. TOC 01-37, dated 26 September 2003, and filed with the State Property Office.”
Session Laws 2004-25, s. 3, provides: “The following tract is removed from the State Parks System pursuant to G.S. 113-44.14 : The portion of that certain tract or parcel of land at Pilot Mountain State Park in Surry County, Shoals Township, described in Plat Book 21, Page 76, containing 104.280 acres, and shown as the ‘Horne Creek Living Historical Park’ on the drawing prepared by Joe L. Cooke, bearing the preparer’s file name Dwg. 3/331, dated 23 March 2004, and filed with the State Property Office. This property may be reallocated to the Department of Cultural Resources for its use of the property as the Horne Creek Living Historical Farm State Historic Site. This property will remain in the State Nature and Historic Preserve.”
Session Laws 2005-26 provides in its preamble: “Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and
“Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and
“Whereas, Carvers Creek and surrounding lands in Cumberland County represents an excellent example of the natural features of the Sandhills Region of North Carolina, with rolling hills, ravines, and narrow stream bottoms; and
“Whereas, the Carvers Creek site includes endangered red-cockaded woodpeckers, rare plants, high quality longleaf pine forests, wetlands, and other natural communities characteristic of the Sandhills; and
“Whereas, the Carvers Creek site has been found to possess biological, scenic, and recreational resources of statewide significance; and
“Whereas, the Hickory Nut Gorge/Chimney Rock area in and near western Rutherford County contains spectacular cliffs, rugged mountains, fissure caves, waterfalls, and unusually rich soils that support at least 36 rare plant species and 14 rare animals; and
“Whereas, the Hickory Nut Gorge/Chimney Rock area is one of the major centers of biodiversity in North Carolina, and is also of great geological interest; and
“Whereas, the Hickory Nut Gorge/Chimney Rock area has been found to possess biological, geological, scenic, and recreational resources of statewide significance; Now, therefore,”
Session Laws 2005-26, s. 1, provides: “The General Assembly authorizes the Department of Environment and Natural Resources to add Carvers Creek State Park to the State Parks System as provided in G.S. 113-44.14(b).”
Session Laws 2005-26, s. 2, provides: “The General Assembly authorizes the Department of Environment and Natural Resources to add a State Park unit located in the Hickory Nut Gorge/Chimney Rock area to the State Parks System as provided in G.S. 113-44.14(b).”
Session Laws 2006-138 provides in the preamble:
“Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and
“Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and
“Whereas, mountain bogs are wetlands that support a variety of rare and unique species. Because of their location on small flat sites in the mountains, bogs are highly vulnerable to damage from clearing, grading, and development. Very few of North Carolina’s mountain bogs remain intact, and they are one of the State’s most endangered habitats; and
“Whereas, Mountain Bog State Natural Area would be comprised of two mountain bogs, Sugar Mountain Bog and Pineola Bog; and
“Whereas, rare species found at one or both of the bogs include the bog turtle, bog rose, bog fern, cranberry, gray’s lily, large purple-fringed orchid, purple-leaf willowherb, four-toed salamander, and Baltimore checkerspot; and
“Whereas, the Mountain Bog site has been found to possess biological resources of statewide significance; and
“Whereas, savannas are renowned for extraordinary plant diversity and high numbers of rare species. Savannas are an important component of the State’s natural landscape, but are poorly represented in the existing State Parks System; and
“Whereas, the Sandy Run Savannas State Natural Area would be comprised of a cluster of nationally significant savannas along the border of Pender and Onslow Counties; and
“Whereas, the Sandy Run Savannas site is important as a military buffer and is strategically located as a hub surrounded by Camp Lejeune, Holly Shelter Game Land, and Angola Bay Game Land; and
“Whereas, the Sandy Run Savannas site contains rare species that include Venus flytrap, golden sedge, red-cockaded woodpecker, Cooley’s meadowrue, yellow fringeless orchid, Carolina goldenrod, and rough-leaf loosestrife; and
“Whereas, the Sandy Run Savannas site has been found to possess biological resources of statewide significance; and Whereas, Cabin Lake possesses significant scenic and recreational resources; Now, therefore,”
Session Laws 2006-138, ss. 1 and 2, effective July 19, 2006, authorize the Department of Environment and Natural Resources to add Mountain Bog State Natural Area and Sandy Run Savannas State Natural Area to the State Parks System as provided in G.S. 113-44.14(b).
Session Laws 2006-138, s. 3, effective July 19, 2006, provides: “The Division of Parks and Recreation of the Department of Environment and Natural Resources shall study the feasibility and the desirability of acquiring land and establishing a State Park at Cabin Lake. The study shall include estimates of the cost of developing the proposed park. The Division shall report its findings and recommendations, including any legislative proposals, to the Environmental Review Commission on or before 15 January 2007.”
Session Laws 2007-323, s. 12.9, provides: “The Department of Environment and Natural Resources, Division of Parks and Recreation, shall study the advisability of the General Assembly authorizing the addition of the Deep River State Trail to the State Parks System, as provided in G.S. 113-44-14. In the course of the study, the Division shall consider the cost over the next five years of land acquisition, park development, and park operations. The Department shall report the results of this study to the Joint Legislative Commission on Governmental Operations by March 1, 2008.”
Session Laws 2007-437, s. 1(a), provides: “The General Assembly authorizes the Department of Environment and Natural Resources to add Deep River State Trail to the State Parks System as provided in G.S. 113-44.14(b). The Department may acquire and manage lands and easements for this purpose, and shall promote, encourage, and facilitate the establishment of connecting trail segments by other federal, State, local, and private landowners. On segments of the Deep River State Trail that cross property controlled by agencies or owners other than the Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property.”
The preamble and ss. 1 and 2 of Session Laws 2008-155, provide: “Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and
“Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and
“Whereas, an area on the Avery and Watauga County line, including Hanging Rock Ridge and the headwaters of Dutch Creek, is known to be nationally significant for its excellent examples of the rare High Elevation Rocky Summit community type and other exemplary natural communities; and
“Whereas, rare species found at the site include Heller’s blazing star, Blue Ridge goldenrod, spreading avens, American speedwell, wretched sedge, Roan rattlesnakeroot, and golden tundra-moss; and
“Whereas, this site was known by the Cherokee as Yonah-wayah, or Bear’s Paw; and
“Whereas, the Bear Paw State Natural Area has been found to possess biological resources of statewide significance; and
“Whereas, the area known as Yellow Mountain in Avery and Mitchell Counties near the Roan Mountain massif is known to be nationally significant for its Grassy Bald and Heath Bald natural community types, as well as its assemblage of other outstanding high elevation natural communities; and
“Whereas, the site supports dozens of rare plant and animal species, including the northern flying squirrel, the spruce-fir moss spider, Gray’s lily, Roan Mountain bluet, and the rock gnome lichen; and
“Whereas, the Yellow Mountain State Natural Area has been found to possess biological resources of statewide significance; and
“Whereas, both of these natural areas are valuable for scientific research and education, and as examples of the diverse natural resources of North Carolina; Now, therefore,
“The General Assembly of North Carolina enacts:
“SECTION 1. The General Assembly authorizes the Department of Environment and Natural Resources to add Bear Paw State Natural Area to the State Parks System as provided in G.S. 113-44.14(b).
“SECTION 2. The General Assembly authorizes the Department of Environment and Natural Resources to add Yellow Mountain State Natural Area to the State Parks System as provided in G.S. 113-44.14(b).”
The preamble and ss. 1 and 2 of Session Laws 2009-12, provide: “Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and
“Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and
“Whereas, Grandfather Mountain in Watauga, Avery, and Caldwell Counties is known to be nationally significant for its excellent examples of many rare high elevation natural communities and an exemplary assemblage of rare plant and animal species; and
“Whereas, Grandfather Mountain is an internationally recognized terrestrial ecosystem and is therefore designated as a Biosphere Reserve by the United Nations Educational, Scientific and Cultural Organization’s Programme on Man and the Biosphere; and
“Whereas, Grandfather Mountain is one of the most biologically diverse and significant sites in the Southern Appalachian region; and
“Whereas, rare species found at Grandfather Mountain include Spreading avens, Roan Mountain bluet, Heller’s blazing star, Blue Ridge goldenrod, Virginia big-eared bat, Carolina northern flying squirrel, the Spruce-fir moss spider, and many others; and
“Whereas, Grandfather Mountain is also one of North Carolina’s most important scenic landmarks and offers outstanding opportunities for wilderness recreation; and
“Whereas, Grandfather Mountain has been found to possess geological, biological, and scenic resources of statewide significance; and
“Whereas, the Council of State approved the purchase of Grandfather Mountain, to be operated as a State Park, and the Joint Legislative Commission on Governmental Operations approved the report of the State Property Office regarding acquisition of Grandfather Mountain by the State; and
“Whereas, the proposal is for the acquisition of Grandfather Mountain to be funded through the Natural Heritage Trust Fund and the Parks and Recreation Trust Fund; Now, therefore,
“SECTION 1. The General Assembly authorizes the Department of Environment and Natural Resources to add Grandfather Mountain to the State Parks System as provided in G.S. 113-44.14(b).
“SECTION 2. The State shall purchase Grandfather Mountain with existing funds in the Natural Heritage Trust Fund and the Parks and Recreation Trust Fund, as previously approved by the Council of State and the Joint Legislative Commission on Governmental Operations. During the 2009-2011 fiscal biennium, the Department of Environment and Natural Resources shall, with funds available, operate Grandfather Mountain State Park.”
Session Laws 2014-100, s. 14.7(a)-(h), authorizes the initiation of negotiations by the Department of Administration with the appropriate federal authority for the acquisition of certain federally owned property for the creation of Oregon Inlet State Park. If the subject real property is acquired by the State, then, together with any other real property owned by the State within the subject area, the Department of Environment and Natural Resources is authorized to add Oregon Inlet State Park to the State Parks System. The provisions of Session Laws 2014-100, s. 14.7(a)-(h), further provides for the condemnation authority necessary to manage existing and future transportation corridors on the Outer Banks, and for the identification of federally owned property necessary to construct or manage existing and future transportation corridors on the Outer Banks.
Session Laws 2016-100, s. 11(b), provides: “Pursuant to G.S. 143B-135.54 , the General Assembly authorizes the deletion of the following property from the State Parks System:
“The portion of that certain tract or parcel of property at Hanging Rock State Park in Stokes County, described in Deed Book 267, Page 159, and containing approximately 1.5 acres as shown in a survey by C.E. Robertson & Associates, P.C. entitled Plat of Survey for North Carolina Division of Parks and Recreation showing ‘Camp Sertoma Tracts,’ Sheet 7 of 7, and dated June 18, 2015, and revised April 6, 2016; and the portion shown as Deed Overlap in a survey by C.E. Robertson & Associates, P.C. entitled Plat of Survey for North Carolina Division of Parks and Recreation showing ‘Camp Sertoma Tracts,’ Sheet 2 of 7, and dated June 18, 2015; and the portion of that certain tract or parcel of property in Stokes County described in Deed Book 368, Page 415, and containing approximately 1.058 acres shown as Deed Overlap in a survey by C.E. Robertson& Associates, P.C. entitled Plat of Survey for North Carolina Division of Parks and Recreation showing ‘Camp Sertoma Tracts,’ Sheet 5 of 7, and dated June 18, 2015. The State may only exchange this property for other property for the expansion of Hanging Rock State Park or sell this land and use the proceeds for that purpose. The State shall not otherwise sell or exchange this land.”
Session Laws 2017-57, s. 14.15, provides: “The General Assembly authorizes the Department of Natural and Cultural Resources to add the Hickory Nut Gorge trail to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. On segments of the Hickory Nut Gorge trail that cross property controlled by agencies or owners other than the Department’s Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this section. For purposes of this section, the ‘Hickory Nut Gorge trail’ refers to the trail through the Hickory Nut Gorge located within Henderson, Rutherford, and Buncombe counties, and encompasses current and future permanently publicly accessible recreational trails inside, or within five miles of, the physical boundaries of the Hickory Nut Gorge, Lake Lure, Broad River, or Chimney Rock State Park.”
Session Laws 2017-177 provides in its preamble: “Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and
“Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and
“Whereas, the Bob’s Creek area in McDowell County is significant for its scenic beauty, high-quality natural communities, rare and unusual natural features, and opportunities for natural resource preservation, outdoor recreation, and regional trail connections; and
“Whereas, Warwick Mill Bay in Robeson County is a large Carolina Bay with one of the State’s largest inland heronries, providing habitat for herons, egrets, moorhens, anhingas, ibises, wood storks, alligators, and many other species of wildlife and plants, and preservation of Warwick Mill Bay would protect an important ecological and scientific resource for future North Carolinians; and
“Whereas, the Salmon Creek area in Bertie County is ecologically significant for its high-quality natural communities and also contains important prehistoric and historic archaeological sites offering opportunities for important archaeological discoveries, including an Indian occupation site containing evidence of late 16th or early 17th century English presence; Now, therefore,”
Session Laws 2017-177, ss. 1-3, provide: “1. The General Assembly authorizes the Department of Natural and Cultural Resources to add Bob’s Creek State Natural Area, Warwick Mill Bay State Natural Area, and Salmon Creek State Natural Area to the State Parks System as provided in G.S. 143B-135.54(b).
“2. The State may receive donations of appropriate land and may purchase other needed lands for Bob’s Creek State Natural Area, Warwick Mill Bay State Natural Area, and Salmon Creek State Natural Area with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Trust Fund, and other available sources of funding.
“3. The Division of Parks and Recreation of the Department of Natural and Cultural Resources shall study the feasibility and the desirability of acquiring land and establishing a State Park on the Black River. The study shall include public input and shall estimate the cost of developing the proposed park. In addition, the study shall include an assessment of actions the State can take to improve the navigability of the Black River. The Division shall report its findings and recommendations, including any legislative proposals, to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources on or before March 1, 2018.”
Session Laws 2019-74, s. 1, provides: “The General Assembly authorizes the Department of Natural and Cultural Resources to add the Northern Peaks State Trail to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. On segments of the Northern Peaks State Trail that cross property controlled by agencies or owners other than the Department’s Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this act; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the Northern Peaks State Trail with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding. For purposes of this act, the ‘Northern Peaks State Trail’ refers to the proposed trail connecting Rivers Park in downtown Boone in Watauga County to the Mount Jefferson State Natural Area in Ashe County.”
The preamble to Session Laws 2019-138, provides:
“Whereas, Section 5 of Article XIV of the North Carolina Constitution states that it shall be a proper function of the State of North Carolina to acquire and preserve park, recreational, and scenic areas and, in every other appropriate way, to preserve as a part of the common heritage of this State its open lands and places of beauty; and
“Whereas, the General Assembly enacted the State Parks Act in 1987, declaring that the State of North Carolina offers unique archaeological, geological, biological, scenic, and recreational resources, and that such resources are part of the heritage of the people of the State to be preserved and managed by those people for their use and for the use of their visitors and descendants; and
“Whereas, areas within southwest Buncombe County and Haywood County support a number of unique habitats and natural communities, contain high-quality cliffs, coves, and upland forests, and are home to several rare or uncommon plant and animal species; and
“Whereas, this region possesses biological, geological, scenic, and recreational resources of statewide significance; Now, therefore,”
Session Laws 2019-138, ss. 1, 2, provides: “Section 1. The General Assembly authorizes the Department of Natural and Cultural Resources to add Pisgah View State Park in Buncombe and Haywood Counties to the State Parks System as provided in G.S. 143B-135.54(b).
“Section 2. The State may receive donations of appropriate land and may purchase other needed lands for Pisgah View State Park with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Trust Fund, and other available sources of funding.”
Editor’s Note.
Former G.S. 113-44.14 was recodified by Session Laws 2015-241, s. 14.30(e), effective July 1, 2015, as G.S. 143B-135.54 .
Session Laws 1999-459, s. 4, is a severability clause.
Session Laws 2007-323, s. 1.2, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2007’.”
Session Laws 2007-323, s. 32.3, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium.”
Session Laws 2007-323, s. 32.5, is a severability clause.
Session Laws 2014-100, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2014.’ ”
Session Laws 2014-100, s. 38.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year.”
Session Laws 2014-100, s. 38.7, is a severability clause.
Session Laws 2017-57, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2017.’ ”
Session Laws 2017-57, s. 39.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium.”
Session Laws 2017-57, s. 39.6, is a severability clause.
Session Laws 2019-20, s. 1(a), (b), provides: “(a) The General Assembly finds that the routes used by the patriot militias of North Carolina, South Carolina, Virginia, and the areas west of the Blue Ridge Mountains that later became the State of Tennessee in the military campaigns of the Revolutionary War leading to the Battle of Kings Mountain in 1780 are a vital part of the history and heritage of the State as well as the entire United States. The General Assembly also finds that this vital role is demonstrated by the creation of the Overmountain Victory National Historic Trail in 1980 by the federal government. The General Assembly further finds that the contributions of a significant existing network of federal, State, local, and private partners over the last four decades in the identification, preservation, and education of the public about the Overmountain Victory National Historic Trail have provided the State with a historical and recreational resource of statewide significance for historic reenactors, hikers, bikers, and other outdoor cultural and recreational activities, and that including such a trail in the State Trails System as a State trail would be beneficial to the people of North Carolina and further the development of North Carolina as ‘The Great Trails State.’
“(b) The General Assembly authorizes the Department of Natural and Cultural Resources to add the route identified by the National Park Service as the Overmountain Victory National Historic Trail in the counties of Avery, Mitchell, McDowell, Burke, Rutherford, Polk, Caldwell, Wilkes, and Surry to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). Subject to the provisions of 16 U.S.C. § 1246, the Department shall support, promote, encourage, and facilitate the establishment of trail segments on State parklands and on lands of other federal, State, local, and private landowners. On segments of the Overmountain Victory State Trail that cross property controlled by agencies or owners other than the Department’s Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this section; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the Overmountain Victory State Trail with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding.”
Session Laws 2019-20, s. 2(a), provides: “The General Assembly authorizes the Department of Natural and Cultural Resources to add the Wilderness Gateway Trail to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State parklands and on lands of other federal, State, local, and private landowners. On segments of the Wilderness Gateway State Trail that cross property controlled by agencies or owners other than the Department’s Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this section; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the Wilderness Gateway State Trail with existing funds in the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding.”
Session Laws 2021-54, s. 1, provides: “The General Assembly finds that a multiuse trail across Central and Eastern North Carolina would provide a multitude of economic, recreational, health, environmental, community, and transportation benefits. The General Assembly further finds that federal, State, local, and private partners have expressed substantial interest in completing such a trail, that such a trail would be a recreational resource of statewide significance, and that including such a trail in the State Parks System as a State Trail would be beneficial to the people of North Carolina and further the development of North Carolina as ‘The Great Trails State.’ ”
Session Laws 2021-54, s. 2, provides: “The General Assembly authorizes the Department of Natural and Cultural Resources to add the portion of the East Coast Greenway traversing North Carolina to the State Parks System as the ‘East Coast Greenway State Trail,’ as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. On segments of the East Coast Greenway that cross property controlled by agencies or owners other than the Department’s Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this act; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the East Coast Greenway with existing funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding.”
Session Laws 2021-55, s. 1, provides: “The General Assembly authorizes the Department of Natural and Cultural Resources to add the Dan River Trail in Stokes and Rockingham Counties to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. On segments of the Dan River State Trail that cross property controlled by agencies or owners other than the Department’s Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this section; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the Dan River State Trail with existing funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding.”
Session Laws 2021-180, s. 14.10(a), provides: “The General Assembly authorizes the Department of Natural and Cultural Resources to add Bakers Lake State Natural Area in Bladen County to the State Parks System, as provided in G.S. 143B-135.54(b). The requirement of G.S. 143B-135.54(b) that additions be accompanied by adequate appropriations for land acquisition, development, and operations shall not apply to the authorization set forth in this section; provided, however, that the State may receive donations of appropriate land and may purchase other needed lands for the Bakers Lake State Natural Area with existing funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding.”
Session Laws 2021-180, s. 40.13(a)-(c) provides: “Rendezvous State Forest. (a) For the Rendezvous Mountain Park grant allocated in this Part, the Department of Agriculture and Consumer Services (DACS) shall transfer to the Department of Natural and Cultural Resources (DNCR) a portion of the Rendezvous Mountain Educational State Forest allocated to the North Carolina Forest Service that is situated in Wilkes County, the specific location and description to be mutually agreed upon by DACS and DNCR. The land transfer shall occur no later than February 1, 2022.
“(b) The General Assembly authorizes the Department of Natural and Cultural Resources to add the portion of land described in subsection (a) of this section to the State Parks System, as provided in G.S. 143B-135.54(b), and which shall be designated as a satellite annex of Stone Mountain State Park.
“(c) The Department of Agriculture and Consumer Services and the Wildlife Resources Commission shall renegotiate any lease of land for game land purposes in the Rendezvous Mountain Educational State Forest to encompass all or a portion of the lands remaining after the transfer of land pursuant to subsection (a) of this section. The Department of Agriculture shall retain timber rights to any lands subject to the renegotiated lease agreements. The Department of Agriculture and Consumer Services shall renegotiate any existing leases for wireless or other similar communication towers that may be in effect on the land transferred pursuant to subsection (a) of this section.”
Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”
Session Laws 2021-180, s. 43.5, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2021-2023 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2021-2023 fiscal biennium.”
Session Laws 2021-180, s. 43.7, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, in the first sentence of subsection (a), substituted “G.S. 143B-135.50” for “G.S. 113-44.12” and substituted “Part” for “Article.”
§ 143B-135.56. Parks and Recreation Trust Fund.
- Fund Created. — There is established a Parks and Recreation Trust Fund in the State Treasurer’s Office. The Trust Fund shall be a special revenue fund consisting of donations, gifts, and devises to the Trust Fund and other monies appropriated to the Trust Fund by the General Assembly.
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Use. — Funds in the Trust Fund are annually appropriated to the North Carolina Parks and Recreation Authority and, unless otherwise specified by the General Assembly or the terms or conditions of a gift or grant, shall be allocated and used as follows:
- Sixty-five percent (65%) for the State Parks System or a State recreational forest for capital projects, repairs and renovations of park facilities, and land acquisition.
- Thirty percent (30%) to provide matching funds to local governmental units or public authorities as defined in G.S. 159-7 on a dollar-for-dollar basis for local park and recreation purposes. The appraised value of land that is donated to a local government unit or public authority may be applied to the matching requirement of this subdivision. These funds shall be allocated by the North Carolina Parks and Recreation Authority based on criteria patterned after the Open Project Selection Process established for the Land and Water Conservation Fund administered by the National Park Service of the United States Department of the Interior.
- Five percent (5%) for the Coastal and Estuarine Water Beach Access Program.
- Geographic Distribution. — In allocating funds in the Trust Fund under this section, the North Carolina Parks and Recreation Authority shall make geographic distribution across the State to the extent practicable.
- Administrative Expenses. — Of the funds appropriated to the North Carolina Parks and Recreation Authority from the Trust Fund each year, no more than three percent (3%) may be used by the Department for operating expenses associated with managing capital improvements projects, acquiring land, and administration of local grants programs.
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Operating Expenses for State Parks System Allocations. — In allocating funds in the Trust Fund under subdivision (1) of subsection (b) of this section, the North Carolina Parks and Recreation Authority shall consider the operating expenses associated with each capital project, repair and renovation project, and each land acquisition. In considering the operating expenses, the North Carolina Parks and Recreation Authority shall determine both:
- The minimal anticipated operating expenses, which are determined by the minimum staff and other operating expenses needed to maintain the project.
- The optimal anticipated operating budget, which is determined by the level of staff and other operating expenses required to achieve a more satisfactory level of operation under the project.
- Reports. — The North Carolina Parks and Recreation Authority shall report no later than October 1 of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Fiscal Research Division, and the Environmental Review Commission on allocations from the Trust Fund from the prior fiscal year. For funds allocated from the Trust Fund under subsection (c) of this section, this report shall include the operating expenses determined under subdivisions (1) and (2) of subsection (e) of this section.
- Debt. — The Authority may allocate up to fifty percent (50%) of the portion of the annual appropriation identified in subdivision (b)(1) of this section to reimburse the General Fund for debt service on special indebtedness to be issued or incurred under Article 9 of Chapter 142 of the General Statutes for the purposes provided in subdivision (b)(1) of this section and for waterfront access. In order to allocate funds for debt service reimbursement, the Authority must identify to the State Treasurer the specific parks projects for which it would like special indebtedness to be issued or incurred and the annual amount it intends to make available, and request the State Treasurer to issue or incur the indebtedness. After special indebtedness has been issued or incurred for a parks project requested by the Authority, the Authority must credit to the General Fund each year the actual aggregate principal and interest payments to be made in that year on the special indebtedness, as identified by the State Treasurer.
History. 1993 (Reg. Sess., 1994), c. 772, s. 1; 1995, c. 456, s. 2; 1995 (Reg. Sess., 1996), c. 646, s. 20; 1998-212, ss. 14.6(a), 14.7; 2001-114, s. 1; 2001-487, s. 73; 2004-179, s. 2.4; 2007-323, ss. 12.8, 29.14(f); 2009-484, s. 13; 2010-31, s. 13.11; 2013-360, s. 14.4(b); 2013-363, s. 5.8; 2014-100, s. 14.21(d); 2015-241, s. 14.30(e), (l); 2016-94, s. 16.7; 2017-10, s. 4.23; 2017-57, s. 14.3(g).
Waterfront Development Initiative.
Session Laws 2007-323, s. 29.14(a)-(e), provides: “(a) Authorization. — In accordance with G.S. 142-83 , this part authorizes the issuance or incurrence of special indebtedness in the maximum principal amount of one hundred twenty million dollars ($120,000,000) to be used as provided in this section to finance the cost of land acquisitions, waterfront properties, and the development of facilities for the purposes of providing and improving public and commercial waterfront access. Special indebtedness authorized by this section shall be issued or incurred only in accordance with Article 9 of Chapter 142 of the General Statutes.
“(b) Maximum Amount. — Of the special indebtedness authorized by this section, no more than the applicable maximum principal amount listed in this subsection may be issued for each stated purpose:
“(1) State Park Land Acquisition. — A maximum amount of fifty million dollars ($50,000,000) to be used to finance the cost of land acquisitions for the expansion of the State Park System and Mountains to Sea Trail.
“(2) Natural Heritage Land Acquisition. — A maximum amount of fifty million dollars ($50,000,000) to be used to finance the cost of land acquisitions to conserve ecological diversity of the State pursuant to G.S. 113-77.9 (now repealed).
“(3) Waterfront Access and Marine Industry Fund. — A maximum of twenty million dollars ($20,000,000) to be used to acquire waterfront properties or develop facilities for the purposes of providing public and commercial waterfront access and improving and developing the same.
“(c) State Park Land Acquisition. — The specific land acquisitions for which the special indebtedness for State Park Land Acquisition may be used are to be identified by the North Carolina Parks and Recreation Authority for the purpose of expanding the State Park System and Mountains to Sea Trail pursuant to G.S. 113-44.15 , notwithstanding subsection (b) of that section. Land acquisitions shall support the conservation priorities set out by the One North Carolina Naturally Program.
“(d) Natural Heritage Land Acquisition. — The specific land acquisitions for which the special indebtedness for Natural Heritage Land Acquisition may be used are to be identified by the Trustees of the Natural Heritage Trust Fund as provided in G.S. 113-77.9 (now repealed). Land acquisitions shall represent the ecological diversity of the State and support the conservation priorities set out by the One North Carolina Naturally Program.
“(e) Waterfront Access and Marine Industry Fund. — The Director of the Division of Marine Fisheries shall establish a program by which the special indebtedness for Waterfront Access and the Marine Industry Fund may be used. The Director may consult with representatives of the commercial fishing industry and other marine industries and with State, local, or nonprofit agencies that have expertise in waterfront access issues and property acquisitions. The Director may establish a committee to review potential property acquisitions and capital and infrastructure improvements.
“Prior to the expenditure of any funds, the Division shall report to the Joint Legislative Committee on Seafood and Aquaculture. The Division also shall report to the Joint Legislative Committee on Seafood and Aquaculture on the use of these funds on a quarterly basis until the funding expires.”
Session Laws 2014-100, s. 14.4(a), (b), provides: “(a) Funds transferred from the Parks and Recreation Trust Fund to the Division of Coastal Management pursuant to G.S. 113-44.15(b)(3) for the Coastal and Estuarine Water Beach Access Program shall be deposited in a noninterest-bearing special fund to be titled Coastal and Estuarine Water Beach Access Fund. The Fund shall be a special revenue fund consisting of gifts and grants to the Fund and other monies appropriated to the Fund by the General Assembly.
“(b) Funds previously transferred from the Parks and Recreation Trust Fund to the Division of Coastal Management for the Coastal and Estuarine Water Beach Access Program that were deposited in capital funds shall be transferred to the Coastal and Estuarine Water Beach Access Fund established by subsection (a) of this section no later than September 30, 2014.”
Editor’s Note.
Former G.S. 113-44.15 was recodified as G.S. 143B-135.56 by Session Laws 2015-241, s. 14.30(e). Subsections were redesignated to eliminate compound designations, at the direction of the Revisor of Statutes.
Session Laws 2004-179, part 2, authorizes the issuance of special indebtedness to be used to finance park projects. Session Laws 2004-179, s. 2.2, provides: “Identification of Parks Projects. — The specific parks projects for which the special indebtedness may be used are to be identified by the North Carolina Parks and Recreation Authority as provided in G.S. 113-44.15 , but are limited to the following projects:
“(1) Acquisition by conservation easement or fee simple up to 17,000 acres near North Carolina military bases in order to prevent encroachment by incompatible development.
“(2) Acquisition of up to 6,000 acres to expand an existing State park, provide gamelands to help protect North Carolina rivers, and provide two new State parks along North Carolina rivers; and capital improvements to an existing State park as part of its expansion.”
Session Laws 2004-179, ss. 8.1 and 8.2, provide: “SECTION 8.1 It is the intent of the General Assembly that the proceeds of special indebtedness issued under parts 2 through 4 of this act shall be applied for the purposes provided in those parts, including the acquisition by conservation easement, or otherwise, of land near military bases to prevent encroachment. This acquisition shall be a high priority because of its vital importance to the State of North Carolina.
“SECTION 8.2 None of the proceeds of special indebtedness authorized by parts 2 through 4 of this act may be used to acquire any property by eminent domain.”
Session Laws 2007-323, s. 1.2, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2007’.”
Session Laws 2007-323, s. 32.3, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium.”
Session Laws 2007-323, s. 32.5, is a severability clause.
Session Laws 2011-145, s. 2.2(h), provides: “Notwithstanding the provisions of G.S. 105-228.30(b) and G.S. 113-44.15 , effective for taxes levied during the 2011-2012 fiscal year, the Secretary of Revenue shall credit the sum of eight million four hundred thirty-five thousand dollars ($8,435,000) to the General Fund of the net tax proceeds that G.S. 105-228.30(b) directs the Secretary to credit to the Parks and Recreation Trust Fund.”
Session Laws 2011-145, s. 13.11C, provides: “(a) Notwithstanding the provisions of G.S. 113-44.15(b), effective for taxes levied during the 2011-2012 fiscal year, the net tax proceeds that are credited to the Parks and Recreation Trust Fund by the Secretary of Revenue pursuant to G.S. 105-228.30(b) shall be allocated as follows:
“(1) Six million dollars ($6,000,000) shall be used for the operating expenses of the Division of Parks and Recreation of the Department of Environment and Natural Resources;
“(2) Up to eight million dollars ($8,000,000) shall be used for the State Parks System for capital projects, repairs and renovations of park facilities, land acquisition, and to retire debt incurred for these purposes under Article 9 of Chapter 142 of the General Statutes;
“(3) Up to four million two hundred thirty thousand dollars ($4,230,000) shall be used for grants to local government units consistent with the match and other requirements set forth in G.S. 113-44.14(b)(2); and
“(4) Up to seven hundred five thousand dollars ($705,000) shall be used for the Coastal and Estuarine Water Beach Access Program.
“(b) Any funds that become available to the Parks and Recreation Trust Fund during the 2011-2012 fiscal year that are in excess of the funds allocated under subsection (a) of this section shall be used as provided in G.S. 113-44.15(b).”
Session Laws 2011-145, s. 1.1, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2011.’ ”
Session Laws 2011-145, s. 32.2, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium.”
Session Laws 2011-145, s. 32.5 is a severability clause.
Session Laws 2013-360, s. 1.1, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2013.’ ”
Session Laws 2013-360, s. 38.5 is a severability clause.
Session Laws 2014-100, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2014.’ ”
Session Laws 2014-100, s. 38.7, is a severability clause.
Session Laws 2016-94, s. 1.2, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2016.’ ”
Session Laws 2016-94, s. 39.7, is a severability clause.
Session Laws 2017-10, s. 5.1 , is a severability clause.
Session Laws 2017-57, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2017.’ ”
Session Laws 2017-57, s. 39.6, is a severability clause.
Session Laws 2021-180, s. 14.7(g) provides: “Authorize Roanoke River Paddle Trail. - The General Assembly authorizes the Department of Natural and Cultural Resources to add the Roanoke River Paddle Trail in Halifax, Northampton, Bertie, Martin, and Washington Counties to the State Parks System as a State trail, as provided in G.S. 143B-135.54(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments and facilities on State park lands and on lands of other federal, State, local, and private landowners. On segments of the Roanoke River Paddle Trail that cross or abut property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property. The State may receive donations of appropriate land and may purchase other needed lands for the Roanoke River Paddle Trail with existing funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the federal Land and Water Conservation Fund, and other available sources of funding.”
Session Laws 2021-180, s. 14.8(a)-(c), provides: “(a) Grant Purposes. – Funds allocated in this act from the State Capital and Infrastructure Fund to the Parks and Recreation Trust Fund to provide matching grants to local parks facilities for children with disabilities and veterans with disabilities shall be used exclusively for grants to local government units or public authorities, as defined in G.S. 159-7 , for construction of special facilities or adaptation of existing facilities that meet the unique needs of children with disabilities and veterans with disabilities or that enable them to participate in recreational and sporting activities, regardless of their abilities.
“(b) Match. – Notwithstanding any provision of G.S. 143B-135.56 to the contrary, a local government unit or public authority receiving a grant under this section shall provide matching funds in the amount of one dollar ($1.00) of local funds for every five dollars ($5.00) of State funds.
“(c) Limitation. – Grants made under this section shall not exceed five hundred thousand dollars ($500,000) per project.”
Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”
Session Laws 2021-180, s. 43.5, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2021-2023 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2021-2023 fiscal biennium.”
Session Laws 2021-180, s. 43.7, is a severability clause.
Effect of Amendments.
Session Laws 2004-179, s. 2.4, effective August 5, 2004, added subheadings in each subsection; added “and to retire debt incurred for these purposes under Article 9 of Chapter 142 of the General Statutes” at the end of subdivision (b)(1); in subsection (b1), substituted “section” for “subsection,” and substituted “make” for “consider”; and added subsection (d).
Session Laws 2007-323, ss. 12.8 and 29.14(f), effective July 1, 2007, added the last sentence in subsection (a) and added “and for waterfront access” at the end of the first sentence in subsection (d).
Session Laws 2009-484, s. 13, effective January 1, 2010, deleted the former last sentence of subsection (c) which read: “The Authority also shall provide a progress report no later than March 15 of each year to the same recipients on the activities of and the expenditures from the Trust Fund for the current fiscal year.”
Session Laws 2010-31, s. 13.11, effective July 1, 2010, added subsection (b3); and added the last sentence in subsection (c).
Session Laws 2013-360, s. 14.4(b), effective July 1, 2013, in subsection (a), deleted “nonreverting” preceding “special revenue” and “monies credited to the Trust Fund pursuant to G.S. 105-228.30(b) ” preceding “and other monies appropriated.”
Session Laws 2013-363, s. 5.8, effective July 1, 2013, deleted “and to retire debt incurred for these purposes under Article 9 of Chapter 142 of the General Statutes” at the end of subdivision (b)(1).
Session Laws 2014-100, s. 14.21(d), effective July 1, 2014, deleted the former last sentence in subsection (a), which read: “Investment earnings credited to the assets of the Fund shall become part of the Fund.”
Session Laws 2015-241, s. 14.30( l ), effective July 1, 2015, substituted “subsection (b1)” for “subdivision (b1)” in the second sentence of subsection (c).
Session Laws 2016-94, s. 16.7, effective July 1, 2016, inserted “or a State recreational forest” in subdivision (b)(1).
Session Laws 2017-10, s. 4.23, effective May 4, 2017, substituted “Oversight Committee on Agriculture and Natural and Economic Resources” for “Commission on Governmental Operations, the House and Senate Appropriations Subcommittees on Natural and Economic Resources” in the first sentence of subsection (f).
Session Laws 2017-57, s. 14.3(g), effective July 1, 2017, substituted “donations, gifts, and devises” for “gifts and grants” in subsection (a).
§ 143B-135.58. State Parks boat ramps.
Any park that includes an existing boat ramp suitable for launch of motorized watercraft shall ensure the ramp is accessible to the public during the park’s regular operating hours.
History. 2017-57, s. 14.18.
Editor’s Note.
Session Laws 2017-57, s. 39.7, made this section effective July 1, 2017.
Session Laws 2017-57, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2017.’ ”
Session Laws 2017-57, s. 39.6, is a severability clause.
Part 33. North Carolina Appalachian Trails System Act.
§ 143B-135.70. Short title.
This Part may be cited as the North Carolina Appalachian Trails System Act.
History. 1973, c. 545, s. 1; 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former Article 5 of Chapter 113A (G.S. 113A-72 to GS. 113A-77) was recodified as Part 33 of Article 2 of Chapter 143B (143B-135.70 et seq.) by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.
Former G.S. 113A-72 was recodified as G.S. 143B-135.70 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article.”
Legal Periodicals.
For article, “The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation,” see 29 Campbell L. Rev. 535 (2007).
§ 143B-135.72. Policy and purpose.
- In order to provide for the ever-increasing outdoor recreation needs of an expanded population and in order to promote public access to, travel within, and enjoyment and appreciation of the open-air, outdoor areas of the State, the Appalachian Trail should be protected in North Carolina as a segment of the National Scenic Trails System.
- The purpose of this Part is to provide the means for attaining these objectives by instituting a North Carolina Appalachian Trail System, designating the Appalachian Trail lying or located in the North Carolina Counties of Avery, Mitchell, Yancey, Madison, Haywood, Swain, Graham, Macon, and Clay, as defined in the Federal Register of the National Trails Act as the basic component of that System, and by prescribing the methods by which, and standards according to which, additional connecting trails may be added to the System.
History. 1973, c. 545, s. 2; 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-73 was recodified as G.S. 143B-135.72 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article” in subsection (b).
§ 143B-135.74. Appalachian Trails System; connecting or side trails; coordination with the National Trails System Act.
Connecting or side trails may be established, designated and marked as components of the Appalachian Trail System by the Department of Natural and Cultural Resources in consultation with the federal agencies charged with the responsibility for the administration and management of the Appalachian Trail in North Carolina. Criteria and standards of establishment will coincide with those set forth in the National Trails System Act (PL 90-543).
History. 1973, c. 545, s. 3; 1977, c. 771, s. 4; 1989, c. 727, s. 218(61); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-74 was recodified as G.S. 143B-135.74 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Environment and Natural Resources” in the first sentence.
§ 143B-135.76. Assistance under this Part with the National Trails System Act (PL 90-543).
- The Department of Administration in cooperation with other appropriate State departments shall consult with the federal agencies charged with the administration of the Appalachian Trail in North Carolina and develop a mutually agreeable plan for the orderly and coordinated acquisition of Appalachian Trail right-of-way and the associated tracts, as needed, to provide a suitable environment for the Appalachian Trail in North Carolina.
- The Department of Natural and Cultural Resources and the federal agencies charged with the responsibility of the administration of the Appalachian Trail in North Carolina shall give due consideration to the conservation of the environment of the Appalachian Trail and, in accordance with the National Trails System Act, may obtain advice and assistance from local governments, Carolina Mountain Club, Nantahala Hiking Club, Piedmont Appalachian Trail Hikers, Appalachian Trail Conference, other interested organizations and individuals, landowners and land users concerned.
- The Board of Transportation shall cooperate and assist in carrying out the purposes of this Part and the National Trails System Act where their highway projects cross or may be adjacent to any component of the Appalachian Trail System.
- Lands acquired by the State of North Carolina within the 200-feet right-of-way of the Appalachian Trail and within the exterior boundaries of the Pisgah or Nantahala National Forests, will be conveyed to the United States Forest Service as the federal agency charged with the responsibility for the administration and management of the Appalachian Trail within these specific areas.
- Lands acquired by the State of North Carolina outside of the boundaries of the Appalachian Trail right-of-way will be administered by the appropriate State department in such a manner as to preserve and enhance the environment of the Appalachian Trail.
- In consultation with the Department of Natural and Cultural Resources, the federal agency charged with the responsibility of the administration of the Appalachian Trail in North Carolina shall establish use regulations in accordance with the National Trails System Act.
- The use of motor vehicles on the trails of the North Carolina Appalachian Trail System may be authorized when such use is necessary to meet emergencies or to enable adjacent landowners to have reasonable access to their lands and timber rights provided that the granting of this access is in accordance with limitations and conditions of such use set forth in the National Trails System Act.
History. 1973, c. 507, s. 5; c. 545, s. 4; 1977, c. 771, s. 4; 1989, c. 727, s. 218(62); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-75 was recodified as G.S. 143B-135.76 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
The National Trails System Act is codified at 16 U.S.C. § 1247 et seq.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article” in the section heading and in subsection (c); and substituted “Department of Natural and Cultural Resources” for “Department of Environment and Natural Resources” in subsections (b) and (f).
§ 143B-135.78. Acquisition of rights-of-way and lands; manner of acquiring.
The State of North Carolina may use lands for trail purposes within the boundaries of areas under its administration that are included in the rights-of-way selected for the Appalachian Trail System. The Department of Administration may acquire lands or easements by donation or purchase with funds donated or appropriated for such purpose.
History. 1973, c. 545, s. 5; 2015-241, s. 14.30(f).
Editor’s Note.
Former G.S. 113A-76 was recodified as G.S. 143B-135.78 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.80. Expenditures authorized.
The Department is authorized to spend any federal, State, local or private funds available for this purpose to the Department for acquisition and development of the Appalachian Trail System.
History. 1973, c. 545, s. 6; 1977, c. 771, s. 4; 1989, c. 727, s. 125; 2015-241, s. 14.30(f).
Editor’s Note.
Former G.S. 113A-77 was recodified as G.S. 143B-135.80 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Part 34. North Carolina Trails System.
§ 143B-135.90. Short title.
This Part shall be known and may be cited as the “North Carolina Trails System Act.”
History. 1973, c. 670, s. 1; 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former Article 6 of Chapter 113A (G.S. 113A-83 to GS. 113A-95) was recodified as Part 34 of Article 2 of Chapter 143B (143B-135.90 et seq.) by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.
Former G.S. 113A-83 was recodified as G.S. 143B-135.90 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 14.30(b), provides: “All functions, powers, duties, and obligations vested in the following commissions, boards, councils, and committees within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type II transfer, as defined in G.S. 143A-6 :
“(1) North Carolina Parks and Recreation Authority.
“(2) North Carolina Trails Committee.
“(3) North Carolina Zoological Park Council.
“(4) Advisory Commission for North Carolina State Museum of Natural Sciences.
“(5) Clean Water Management Trust Fund Board of Trustees.”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article.”
Legal Periodicals.
For article, “The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation,” see 29 Campbell L. Rev. 535 (2007).
§ 143B-135.92. Declaration of policy and purpose.
- In order to provide for the ever-increasing outdoor recreation needs of an expanded population and in order to promote public access to, travel within, and enjoyment and appreciation of the outdoor, natural and remote areas of the State, trails should be established in natural, scenic areas of the State, and in and near urban areas.
- The purpose of this Part is to provide the means for attaining these objectives by instituting a State Trails System, coordinated with and complemented by existing and future local trail segments or systems, and by prescribing the methods by which, and standards according to which, components may be added to the State Trails System.
History. 1973, c. 670, s. 1; 1993, c. 184, s. 1; 2015-241, s. 14.30(f), (m); 2019-20, s. 3(b).
Editor’s Note.
Former G.S. 113A-84 was recodified as G.S. 143B-135.92 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article” in subsection (b).
Session Laws 2019-20, s. 3(b), effective June 3, 2019, substituted “Trails System” for “system of scenic and recreation trails” in subsection (b); and made stylistic changes.
§ 143B-135.94. Definitions.
Except as otherwise required by context, the following terms when used in this Part shall be construed respectively to mean:
- “Department” means the North Carolina Department of Natural and Cultural Resources.
- “Political subdivision” means any county, any incorporated city or town, or other political subdivision.
-
“Scenic easement” means a perpetual easement in land which
- Is held for the benefit of the people of North Carolina,
- Is specifically enforceable by its holder or beneficiary, and
- Limits or obligates the holder of the servient estate, his heirs, and assigns with respect to their use and management of land and activities conducted thereon, the object of such limitations and obligations being the maintenance or enhancement of the natural beauty of the land in question or of areas affected by it.
- “Secretary” means the Secretary of Natural and Cultural Resources, except as otherwise specified in this Part.
- “State Trails System” means the trails system established in this Part or pursuant to the State Parks Act, Part 32 of this Article, and including all trails and trail segments, together with their rights-of-way, added by any of the procedures described in this Part or Part 32 of this Article.
- “Trail” means a linear corridor on land or water, protected from motor vehicles, providing public access for recreation or transportation.
- “Trails Committee” means the North Carolina Trails Committee established by Part 35 of this Article.
History. 1973, c. 670, s. 1; 1977, c. 771, s. 4; 1989, c. 727, s. 218(63); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1993, c. 184, s. 2; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m); 2019-20, s. 3(c).
Editor’s Note.
Former G.S. 113A-85 was recodified as G.S. 143B-135.94 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article” throughout the section; substituted “Natural and Cultural Resources” for “Environment and Natural Resources” in subdivisions (1) and (4); substituted “Part 32 of this Article” for “Article 2C of Chapter 113 of the General Statutes” twice in subdivision (5) and in subdivision (6)a; substituted “G.S. 143B-135.96” for “G.S. 113A-86” in subdivision (6)c; and added subdivision (7).
Session Laws 2019-20, s. 3(c), effective June 3, 2019, substituted “Trails System” for the first occurrence of “trails system” in subdivision (5); and rewrote subdivision (6).
§ 143B-135.96. Composition of State Trails System.
The State Trails System shall be composed of State trails, which are components of the State Parks System, authorized by the General Assembly pursuant to G.S. 143B-135.54(b), and planned and coordinated by the Department.
History. 1973, c. 670, s. 1; 1993, c. 184, s. 3; 2015-241, s. 14.30(f); 2019-20, s. 3(d).
Editor’s Note.
Former G.S. 113A-86 was recodified as G.S. 143B-135.96 by Session Laws 2015-241, s. 14.30(f).
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2019-20, s. 3(d), effective June 3, 2019, substituted “Trails System” for “trails system” in the catchline and rewrote the section.
§ 143B-135.98. Authority to designate trails.
The Department may establish and designate trails on:
- Lands administered by the Department,
- Lands under the jurisdiction of a State department, political subdivision, or federal agency, or
- Private lands provided, fee-simple title, lesser estates, scenic easements, easements of surface ingress and egress running with the land, leases, or other written agreements are obtained from landowners through which a State trail may pass.
History. 1973, c. 670, s. 1; 1979, c. 6, s. 1; 1991, c. 115, s. 1; 1993, c. 184, s. 4; 2015-241, s. 14.30(f).
Editor’s Note.
Former G.S. 113A-87 was recodified as G.S. 143B-135.98 by Session Laws 2015-241, s. 14.30(f), effective July, 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.100. Use of State land for bicycling; creation of trails by volunteers.
- Any land held in fee simple by this State, any agency of this State, or any land purchased or leased with funds provided by this State may be open and available for use by bicyclists upon establishment of a usage agreement. The usage agreement shall be established between the land manager and any local cycling group or organization intending to use the land and shall specify the terms and conditions for use of the land. The land manager shall designate a representative with knowledge of off-road bicycle trail building to negotiate the agreement. Upon establishment of the usage agreement, any bicyclist may use the land pursuant to the agreement.The land manager shall not be required to create, maintain, or make available any special trails, paths, or other accommodations to any user of the land for cycling purposes. However, once a usage agreement has been established, any local cycling group or organization may create and maintain special trails for cycling purposes. Any trails created for the purpose of off-road cycling shall be created and maintained using commonly accepted best practices.
- Notwithstanding the provisions of subsection (a) of this section, any land may be restricted or removed from use by bicyclists if it is determined by the State, an agency of the State, or the holder of land purchased or leased with State funds that the use would cause substantial harm to the land or the environment or that the use would violate another State or federal law. Before restricting or removing land from use by bicyclists, the State, the agency of the State, or the holder of the land purchased or leased with State funds must show why the lands should not be open for use by bicyclists. Local cycling groups or organizations shall be notified of the intent to restrict or remove the land from use by bicyclists and provided an opportunity to show why cycling should be allowed on the land.
- Repealed by Session Laws 2016-90, s. 5, effective July 11, 2016.
- Any land open and available for use by bicyclists, pursuant to subsection (a) of this section, shall also be available to members of the public for hiking and walking. Persons using the land pursuant to this subsection shall yield the right-of-way to bicyclists when hiking or walking on any trails created and maintained for the purpose of off-road cycling and so designated along that trail.
- Notwithstanding any other provision of this section, any hiking, walking, or use of bicycles on game lands administered by the Wildlife Resources Commission shall be restricted to roads and trails designated for vehicular use. Hiking, walking, or bicycle use by persons not hunting shall be restricted to days closed to hunting. The Wildlife Resources Commission may restrict the use of bicycles on game lands where necessary to protect sensitive wildlife habitat or species.
History. 2007-449, s. 1; 2015-241, s. 14.30(f); 2016-90, s. 5.
Editor’s Note.
Former G.S. 113A-87.1 was recodified as G.S. 143B-135.100 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2007-449, s. 2, provides: “This act becomes effective January 1, 2008. Any agreements for usage of land by bicyclists entered into prior to the effective date of this act are not affected by this act. Upon passage of this act and prior to its effective date, the State, an agency of this State, or a holder of land purchased or leased with State funds, shall determine if the land should be restricted or removed from availability and use and provide to, in writing, the Division of Bicycle and Pedestrian Transportation any reasons to support the decision.”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2016-90, s. 5, effective July 11, 2016, in subsection (b), deleted the former last sentence, which read: “Notice of any land restricted or removed from use by bicyclists pursuant to this subsection shall be filed with the Division of Bicycle and Pedestrian Transportation of the Department of Transportation”; deleted subsection (c), which read “The Division of Bicycle and Pedestrian Transportation of the Department of Transportation shall keep a record of all lands made open and available for use by bicyclists pursuant to this section and shall make the information available to the public upon request”; and in subsection (e), substituted “species” for “species and shall file notice of any restrictions with the Division of Bicycle and Pedestrian Transportation of the Department of Transportation.”
§ 143B-135.102. Trails Committee duties.
- The Committee shall meet in various sections of the State not less than two times annually to advise the Department on all matters directly or indirectly pertaining to trails, their use, extent, location, and the other objectives and purposes of this Part.
- The Committee shall coordinate trail development among local governments, and shall assist local governments in the formation of their trail plans and advise the Department quarterly of its findings.
- The Secretary, with advice of the Committee, shall study trail needs and potentials, and make additions to the State Trails System as needed. The Secretary shall submit an annual report by October 1 of each year to the Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division on trail activities by the Department, including rights-of-way that have been established and on the program for implementing this Part. Each report shall include a short statement on the significance of the various trails to the System. The Secretary shall make such rules as to trail development, management, and use that are necessary for the proper implementation of this Part.
History. 1973, c. 670, s. 1; c. 1262, s. 82; 1987, c. 827, s. 132; 2015-241, s. 14.30(f), (m); 2017-57, s. 14.1(jj).
Cross References.
As to the creation, composition, powers and duties of the North Carolina Trails Committee, see G.S. 143B-135.130 , 143B-135.132.
Editor’s Note.
Former G.S. 113A-88 was recodified as G.S. 143B-135.102 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article” throughout the section; substituted “Trails Committee duties” for “North Carolina Trails Committee; composition; meetings and functions” in the section heading; deleted former repealed subsection (a); and redesignated former subsections (b) through (d) as subsections (a) through (c).
Session Laws 2017-57, s. 14.1(jj), effective July 1, 2017, in the second sentence of subsection (c), substituted “The Secretary” for “He,” added “by October of each year,” and substituted “Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division” for “Governor and General Assembly.”
§ 143B-135.104. Location of trails.
When a route shall traverse land within the jurisdiction of a governmental unit or political subdivision, the Department shall consult with such unit or such subdivision prior to its final determination of the location of the route. The selected route shall be compatible with preservation or enhancement of the environment it traverses. Reasonable effort shall be made to minimize any adverse effects upon adjacent landowners and users. Notice of the selected route shall be published by the Department, together with appropriate maps and descriptions to be conspicuously posted online and at the proposed trail location. Such publication shall be prior to the designation of the trail by the Secretary.
History. 1973, c. 670, s. 1; 1993, c. 184, s. 5; 2015-241, s. 14.30(f); 2019-20, s. 3(e).
Editor’s Note.
Former G.S. 113A-89 was recodified as G.S. 143B-135.104 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2019-20, s. 3(e), effective June 3, 2019, rewrote the section.
§ 143B-135.106. Scenic easements within right-of-way.
Within the boundaries of the right-of-way, the Secretary of the North Carolina Department of Administration may acquire, on behalf of the State of North Carolina, lands in fee title, or interest in land in the form of scenic easements, cooperative agreements, easements of surface ingress and egress running with the land, leases, or less than fee estates. Acquisition of land or of interest therein may be by gift, purchased with donated funds or funds appropriated by the governmental agencies for this purpose, proceeds from the sale of bonds or exchange. Any change in value of land resulting from the grant of an easement shall be taken into consideration in the assessment of the land for tax purposes.
History. 1973, c. 670, s. 1; 2015-241, s. 14.30(f).
Editor’s Note.
Former G.S. 113A-90 was recodified as G.S. 143B-135.106 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.108. Trails within parks; conflict of laws; State trails on property of others.
Any component of the System that is or shall become a part of any State park, recreation area, wildlife management area, or similar area shall be subject to the provisions of this Part as well as any other laws under which the other areas are administered, and in the case of conflict between the provisions the more restrictive provisions shall apply. On segments of any State trail that cross property controlled by agencies or owners other than the Department’s Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property.
History. 1973, c. 670, s. 1; 2015-241, s. 14.30(f), (m); 2019-20, s. 3(f).
Editor’s Note.
Former G.S. 113A-91 was recodified as G.S. 143B-135.108 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article.”
Session Laws 2019-20, s. 3(f), effective June 3, 2019, added “State trails on property of others” to the end of the catchline; and added the second sentence.
§ 143B-135.110. Uniform trail markers.
The Department, in consultation with the Committee, shall establish a uniform marker for trails contained in the System. An additional appropriate symbol characterizing specific trails may be included on the marker. The markers shall be placed at all access points, together with signs indicating the modes of locomotion that are prohibited for the trail, provided that where the trail constitutes a portion of a national scenic trail, use of the national scenic trail uniform marker shall be considered sufficient. The route of the trail and the boundaries of the right-of-way shall be adequately marked.
History. 1973, c. 670, s. 1; 2015-241, s. 14.30(f).
Editor’s Note.
Former G.S. 113A-92 was recodified as G.S. 143B-135.110 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.112. Adopt-A-Trail Program.
The Department shall establish an Adopt-A-Trail Program to coordinate with the Trails Committee and local groups or persons on trail development and maintenance. Local involvement shall be encouraged, and interested groups are authorized to “adopt-a-trail” for such purposes as placing trail markers, trail building, trail blazing, litter control, resource protection, and any other activities related to the policies and purposes of this Part.
History. 1987, c. 738, s. 153(a); 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-92.1 was recodified as G.S. 143B-135.112 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article” in the last sentence.
§ 143B-135.114. Administrative policy.
The North Carolina Trails System shall be administered by the Department according to the policies and criteria set forth in this Part. The Department shall, in addition, have or designate the responsibility for maintaining the trails, building bridges, campsites, shelters, and related public-use facilities where required.
History. 1973, c. 670, s. 1; 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-93 was recodified as G.S. 143B-135.114 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article” in the first sentence.
§ 143B-135.116. Incorporation in National Trails System.
Nothing in this Part shall preclude a component of the State Trails System from becoming a part of the National Trails System, or a component of the National Trails System from becoming a part of the State Trails System. The Secretary shall coordinate the State Trails System with the National Trails System and is directed to encourage and assist any federal studies for inclusion of North Carolina trails in the National Trails System. The Department may enter into written cooperative agreements for joint federal-State administration of a North Carolina component of the National Trails System, provided such agreements for administration of land uses are not less restrictive than those set forth in this Part.
History. 1973, c. 670, s. 1; 2015-241, s. 14.30(f), (m); 2019-20, s. 3(g).
Editor’s Note.
Former G.S. 113A-94 was recodified as G.S. 143B-135.116 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article” in the first and last sentences.
Session Laws 2019-20, s. 3(g), effective June 3, 2019, added “or a component of the National Trails System from becoming a part of the State Trails System” to the end of the first sentence.
§ 143B-135.118. Trail use liability.
- Any person, as an owner, lessee, occupant, or otherwise in control of land, who allows without compensation another person to use the land for designated trail or other public trail purposes or to construct, maintain, or cause to be constructed or maintained a designated trail or other public trail owes the person the same duty of care he owes a trespasser.
- Any person who without compensation has constructed, maintained, or caused to be constructed or maintained a designated trail or other public trail pursuant to a written agreement with any person who is an owner, lessee, occupant, or otherwise in control of land on which a trail is located shall owe a person using the trail the same duty of care owed a trespasser.
History. 1987, c. 498, s. 1; 1991, c. 38, s. 1; 1993, c. 184, s. 6; 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-95 was recodified as G.S. 143B-135.118 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, deleted former subsection (c), which read: “Repealed by Session Laws 1993, c. 184, s. 6.”
Part 35. North Carolina Trails Committee.
§ 143B-135.130. North Carolina Trails Committee — creation; powers and duties.
There is hereby created the North Carolina Trails Committee of the Department of Natural and Cultural Resources. The Committee shall have the following functions and duties:
- To meet not less than two times annually to advise the Department on all matters directly or indirectly pertaining to trails, their use, extent, location, and the other objectives and purposes of G.S. 143B-135.102 .
- To coordinate trail development among local governments, and to assist local governments in the formation of their trail plans and advise the Department of its findings.
- To advise the Secretary of trail needs and potentials pursuant to G.S. 143B-135.102 .
History. 1973, c. 1262, s. 80; 1977, c. 771, s. 4; 1989, c. 727, s. 218(145); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former Part 21 of Article 7 of Chapter 143B (G.S. 143B-333, 143B-334) was recodified as Part 35 of Article 2 of Chapter 143B (143B-135.130, 143B-135.132) by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.
Former G.S. 143B-333 was recodified as G.S. 143B-135.130 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Environment and Natural Resources” in the first sentence of the introductory paragraph and substituted “G.S. 143B-135.102” for “G.S. 113A-88” in subdivisions (1) and (3).
§ 143B-135.132. North Carolina Trails Committee — members; selection; removal; compensation.
The North Carolina Trails Committee shall consist of seven members appointed by the Secretary of Natural and Cultural Resources. Two members shall be from the mountain section, two from the Piedmont section, two from the coastal plain, and one at large. They shall as much as possible represent various trail users.
Committee members shall serve staggered terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Committee created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.
The Governor shall have the power to remove any member of the Committee from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973.
The Secretary of Natural and Cultural Resources shall designate a member of the Committee to serve as chairman at the pleasure of the Governor.
Members of the Committee shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5 and G.S. 143B-15 of the Executive Organization Act of 1973.
History. 1973, c. 1262, s. 81; 1977, c. 771, s. 4; 1989, c. 727, s. 218(146); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 143B-334 was recodified as G.S. 143B-135.132 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Environment and Natural Resources” in the first sentence of the first paragraph and in the fourth paragraph; and substituted “Committee members shall serve” for “The initial members of the North Carolina Trails Committee shall be the members of the current North Carolina Trails Committee who shall serve for a period equal to the remainder of their current term on the North Carolina Trails Committee. At the end of the respective terms of office of the initial members of the Committee, the appointment of their successors shall be for” in the second paragraph.
Part 36. Natural and Scenic Rivers System.
§ 143B-135.140. Short title.
This Part shall be known and may be cited as the “Natural and Scenic Rivers Act of 1971.”
History. 1971, c. 1167, s. 2; 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former Article 3 of Chapter 113A (G.S. 113A-30 to GS. 113A-44) was recodified as Part 36 of Article 2 of Chapter 143B (143B-135.140 et seq.) by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.
Former G.S. 113A-30 was recodified as G.S. 143B-135.140 by Session Laws 2015-241, s. 14.30(f).
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article.”
Legal Periodicals.
For article, “The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation,” see 29 Campbell L. Rev. 535 (2007).
CASE NOTES
Declaratory Judgment Premature. —
None of the plaintiffs seeking a declaratory judgment that Article 2 of Chapter 113 and Article 3 of Chapter 113A are unconstitutional and praying that defendants be permanently enjoined from adopting a “Master Plan” for the Eno River State Park had as yet been directly and adversely affected by the statutes they sought to challenge, and the plaintiffs failed to show the existence of a genuine controversy cognizable under the Declaratory Judgment Act, where no condemnation proceeding affecting any lands of the plaintiffs had as yet been instituted, and all that had occurred was that employees of the Division of Parks and Recreation had been preparing initial alternative planning proposals for a State park which contemplated ultimate acquisition of certain lands of the plaintiffs for park purposes. Barbour v. Little, 37 N.C. App. 686, 247 S.E.2d 252, 1978 N.C. App. LEXIS 2830 , cert. denied, 295 N.C. 733 , 248 S.E.2d 862, 1978 N.C. LEXIS 1129 (1978) (decided under prior law) .
§ 143B-135.142. Declaration of policy.
The General Assembly finds that certain rivers of North Carolina possess outstanding natural, scenic, educational, geological, recreational, historic, fish and wildlife, scientific and cultural values of great present and future benefit to the people. The General Assembly further finds as policy the necessity for a rational balance between the conduct of man and the preservation of the natural beauty along the many rivers of the State. This policy includes retaining the natural and scenic conditions in some of the State’s valuable rivers by maintaining them in a free-flowing state and to protect their water quality and adjacent lands by retaining these natural and scenic conditions. It is further declared that the preservation of certain rivers or segments of rivers in their natural and scenic condition constitutes a beneficial public purpose.
History. 1971, c. 1167, s. 2; 2015-241, s. 14.30(f).
Editor’s Note.
Former G.S. 113A-31 was recodified as G.S. 143B-135.142 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.144. Declaration of purpose.
The purpose of this Part is to implement the policy as set out in G.S. 143B-135.142 by instituting a North Carolina natural and scenic rivers system, and by prescribing methods for inclusion of components to the system from time to time.
History. 1971, c. 1167, s. 2; 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-32 was recodified as G.S. 143B-135.144 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article” and substituted “G.S. 143B-135.142” for “G.S. 113A-31.”
§ 143B-135.146. Definitions.
As used in this Part, unless the context requires otherwise:
- “Department” means the Department of Natural and Cultural Resources.
- “Free-flowing,” as applied to any river or section of a river, means existing or flowing in natural condition without substantial impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the North Carolina natural and scenic rivers system shall not automatically bar its consideration for such inclusion: Provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the system.
- “River” means a flowing body of water or estuary or a section, portion, or tributary thereof, including rivers, streams, creeks, runs, kills, rills, and small lakes.
- “Road” means public or private highway, hard-surface road, dirt road, or railroad.
- “Scenic easement” means a perpetual easement in land which (i) is held for the benefit of the people of North Carolina, (ii) is specifically enforceable by its holder or beneficiary, and (iii) limits or obligates the holder of the servient estate, his heirs, and assigns with respect to their use and management of the land and activities conducted thereon. The object of such limitations and obligations is the maintenance or enhancement of the natural beauty of the land in question or of the areas affected by it.
- “Secretary” means the Secretary of Natural and Cultural Resources.
History. 1971, c. 1167, s. 2; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 122; 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-33 was recodified as G.S. 143B-135.146 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article” in the introductory paragraph; substituted “Department of Natural and Cultural Resources” for “Department of Environment and Natural Resources” in subdivision (1); and substituted “Secretary of Natural and Cultural Resources” for “Secretary of Environment and Natural Resources” in subdivision (6).
§ 143B-135.148. Types of scenic rivers.
The following types of rivers are eligible for inclusion in the North Carolina natural and scenic rivers system:
Class I. Natural river areas. Those free-flowing rivers or segments of rivers and adjacent lands existing in a natural condition. Those rivers or segments of rivers that are free of man-made impoundments and generally inaccessible except by trail, with the lands within the boundaries essentially primitive and the waters essentially unpolluted. These represent vestiges of primitive America.
Class II. Scenic river areas. Those rivers or segments of rivers that are largely free of impoundments, with the lands within the boundaries largely primitive and largely undeveloped, but accessible in places by roads.
Class III. Recreational river areas. Those rivers or segments of rivers that offer outstanding recreation and scenic values and that are largely free of impoundments. They may have some development along their shorelines and have more extensive public access than natural or scenic river segments. Recreational river segments may also link two or more natural and/or scenic river segments to provide a contiguous designated river area. No provision of this section shall interfere with flood control measures; provided that recreational river users can continue to travel the river.
History. 1971, c. 1167, s. 2; 1989, c. 752, s. 156(a); 2015-241, s. 14.30(f).
Editor’s Note.
G.S. 113A-34 was recodified as G.S. 143B-135.148 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.150. Criteria for system.
For the inclusion of any river or segment of river in the natural and scenic river system, the following criteria must be present:
- River segment length — must be no less than one mile.
- Boundaries — of the system shall be the visual horizon or such distance from each shoreline as may be determined to be necessary by the Secretary, but shall not be less than 20 feet.
- Water quality — shall not be less than that required for Class “C” waters as established by the North Carolina Environmental Management Commission.
- Water flow — shall be sufficient to assure a continuous flow and shall not be subjected to withdrawal or regulation to the extent of substantially altering the natural ecology of the stream.
- Public access — shall be limited, but may be permitted to the extent deemed proper by the Secretary, and in keeping with the property interest acquired by the Department and the purpose of this Part.
History. 1971, c. 1167, s. 2; 1973, c. 1262, ss. 23, 86; 1989, c. 654, s. 1; 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-35 was recodified as G.S. 143B-135.150 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article” in subdivision (5).
§ 143B-135.152. Components of system; management plan; acquisition of land and easements; inclusion in national system.
That segment of the south fork of the New River extending from its confluence with Dog Creek in Ashe County downstream through Ashe and Alleghany Counties to its confluence with the north fork of the New River and the main fork of the New River in Ashe and Alleghany Counties downstream to the Virginia State line shall be a scenic river area and shall be included in the North Carolina Natural and Scenic Rivers System.
The Department shall prepare and implement a management plan for this river section. This management plan shall recognize and provide for the protection of the existing undeveloped scenic and pastoral features of the river. Furthermore, it shall specifically provide for continued use of the lands adjacent to the river for normal agricultural activities, including, but not limited to, cultivation of crops, raising of cattle, growing of trees and other practices necessary to these agricultural pursuits.
For purposes of implementing this section and the management plan, the Department may acquire lands or interests in lands, provide for protection of scenic values as described in G.S. 143B-135.160 , and provide for public access. Easements obtained for the purpose of implementing this section and the management plan shall not abridge the water rights being exercised on May 26, 1975.
Should the Governor seek inclusion of this river segment in the National System of Wild and Scenic Rivers by action of the Secretary of Interior, such inclusion shall be at no cost to the federal government, as prescribed in the National Wild and Scenic Rivers Act, and therefore shall be under the terms described in this section of the North Carolina Wild and Scenic Rivers Act and in the management plan developed pursuant thereto.
History. 1973, c. 879; 1975, c. 404; 1977, c. 555; c. 771, s. 4; 1985, c. 129, s. 3; 1987, c. 827, s. 127; 1989, c. 654, s. 2; c. 765; 1999-147, s. 1; 2012-200, s. 24; 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-35.1 was recodified as G.S. 143B-135.152 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2012-200, s. 24, effective August 1, 2012, repealed subsection (b) which read: “The Department shall prepare an annual status report on the progress made in implementing the management plan required pursuant to subsection (a) of this section and the progress in implementing the management plan submitted by the Department in support of the request to the Secretary of the Interior for the river’s inclusion in the National System of Wild and Scenic Rivers. The status report shall evaluate the extent to which current implementation of the management plans has in fact maintained the river’s free-flowing state and protected the scenic conditions of the river and the adjacent lands consistent with the purpose of this Article. If implementation of either management plan is incomplete at the time the report is filed, the Secretary shall submit a schedule for implementing the remainder of the plan. The status report shall be filed with the General Assembly no later than January 15 of each year, beginning in 1990.”
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, deleted the former subsection (a) designation; substituted “G.S. 143B-135.160” for “G.S. 113A-38” in the third paragraph; and deleted former repealed subsection (b).
Legal Periodicals.
For note, “The Conflict Over the New River, and the Test Case for the Wild and Scenic Rivers Act: North Carolina v. FPC,” see 9 N.C. Cent. L.J. 192 (1978).
CASE NOTES
As to State’s attempts to stay federal Power Commission order regarding dam on New River, see North Carolina v. Federal Power Comm'n, 393 F. Supp. 1116, 1975 U.S. Dist. LEXIS 12472 (M.D.N.C. 1975).
§ 143B-135.154. Additional components.
That segment of the Linville River beginning at the State Highway 183 bridge over the Linville River and extending approximately 13 miles downstream to the boundary between the United States Forest Service lands and lands of Duke Power Company (latitude 35° 50´ 20") shall be a natural river area and shall be included in the North Carolina Natural and Scenic River System.
That segment of the Horsepasture River in Transylvania County extending downstream from Bohaynee Road (N.C. 281) to Lake Jocassee shall be a natural river and shall be included in the North Carolina Natural and Scenic Rivers System.
That segment of the Lumber River extending from county road 1412 in Scotland County downstream to the North Carolina-South Carolina state line, a distance of approximately 102 river miles, shall be included in the Natural and Scenic Rivers System and classified as follows: from county road 1412 in Scotland County downstream to the junction of the Lumber River and Back Swamp shall be classified as scenic; from the junction of the Lumber River and Back Swamp downstream to the junction of the Lumber River and Jacob Branch and the river within the Fair Bluff town limits shall be classified as recreational; and from the junction of the Lumber River and Jacob Branch downstream to the North Carolina-South Carolina state line, excepting the Fair Bluff town limits, shall be classified as natural.
History. 1975, c. 698; 1985, c. 344, s. 1; 1989, c. 752, s. 156(b); 2015-241, s. 14.30(f).
Editor’s Note.
Former G.S. 113A-35.2 was recodified as G.S. 143B-135.154 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.156. Administrative agency; federal grants; additions to the system; regulations.
- The Department is the agency of the State of North Carolina with the duties and responsibilities to administer and control the North Carolina natural and scenic rivers system.
- The Department is the agency of the State with the authority to accept federal grants of assistance in planning, developing (which would include the acquisition of land or an interest in land), and administering the natural and scenic rivers system.
-
The Secretary of the Department shall study and from time to time submit to the Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division proposals for the additions to the system of rivers and segments of rivers which, in the Secretary’s judgment, fall within one or more of the categories set out in
G.S. 143B-135.148
. Each proposal shall specify the category of the proposed addition and shall be accompanied by a detailed report of the facts which, in the Secretary’s judgment, makes the area a worthy addition to the system.
(c1)
Before submitting any proposal under subsection (c) of this section for the addition to the system of a river or segment of a river, the Secretary or the Secretary’s authorized representative shall hold a public hearing in the county or counties where the river or segment of river is situated. Notice of the public hearing shall be given by publishing a notice once each week for two consecutive weeks in a newspaper having general circulation in the county where the hearing is to be held, the second of the notices appearing not less than 10 days before the hearing. Any person attending the hearing shall be given an opportunity to be heard. No public hearing, however, is required with respect to a river bounded solely by the property of one owner, who consents in writing to the addition of the river to the system.
(c2) The Department shall also conduct an investigation on the feasibility of the inclusion of a river or a segment of river within the system and shall file a written report with the proposal described in subsection (c) of this section.
(c3) The Department, before submitting a proposal under subsection (c) of this section, shall notify in writing the owner, lessee, or tenant of any lands adjoining the river or segment of river of its intention to make the proposal. In the event the Department, after due diligence, is unable to determine the owner or lessee of the land, the Department may publish a notice for four successive weeks in a newspaper having general circulation in the county where the land is situated of its intention to make a proposal for the addition of a river or segment of river to the system.
- Upon receipt of a request in the form of a resolution from the commissioners of the county or counties in which a river segment is located and upon studying the segment and determining that it meets the criteria set forth in G.S. 143B-135.150 , the Secretary may designate the segment a potential component of the natural and scenic rivers system. The designation as a potential component shall be transmitted to the Governor and all appropriate State agencies. Any segment so designated is subject to the provisions of this Part applicable to designated rivers, except for acquisition by condemnation or otherwise, and to any rules adopted pursuant to this Part. The Secretary shall make a full report and, if appropriate, a proposal for an addition to the natural and scenic rivers system to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division within 90 days after the convening of the next session of the General Assembly following issuance of the designation, and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources shall determine whether to designate the segment as a component of the natural and scenic rivers system. If the next session of the General Assembly fails to take affirmative action on the designation, the designation as a potential component shall expire.
- The Department may adopt rules to implement this Part.
History. 1971, c. 1167, s. 2; 1973, c. 911; c. 1262, ss. 28, 86; 1977, c. 771, s. 4; 1985, c. 129, s. 1; 1987, c. 827, ss. 125, 128; 1989, c. 727, s. 123; 2015-241, s. 14.30(f), (m); 2017-57, s. 14.1(kk).
Editor’s Note.
Former G.S. 113A-36 was recodified as G.S. 143B-135.156 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, redesignated former subsections (c1) and (d) as subsections (d) and (e); substituted “G.S. 143B-135.148” for “G.S. 113A-34” in subsection (c); substituted “G.S. 143B-135.150” for “G.S. 113A-35” in the first sentence of subsection (d); and substituted “Part” for “Article” in subsections (d) and (e).
Session Laws 2017-57, s. 14.1(kk), effective July 1, 2017, substituted “The Department is” for “The Department shall be” in subsection (b); in subsection (c), substituted “Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division” for “Governor and to the General Assembly,” and substituted “the Secretary’s ” for “his”; designated the formerly undesignated second, third and fourth paragraphs of subsection (c) as subsections (c1), (c2) and (c3), respectively; in (c1), substituted “under subsection (c) of this section” for “to the Governor or the General Assembly,” substituted “the Secretary’s” for “his,” deleted “Notwithstanding the provisions of the foregoing” at the beginning of the last sentence; substituted “proposal described in subsection (c) of this section” for “Governor when submitting a proposal” in subsection (c2); in subsection (c3), substituted “proposal under subsection (c) of this section, shall” for “proposal to the Governor or the General Assembly,” deleted “to the Governor or General Assembly” in the last sentence; in subsection (d), substituted “Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division” for “General Assembly” for “General Assembly” following “rivers system to the,” added “of the General Assembly” following “next session,” substituted “Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources” for “General Assembly”; and made stylistic changes in subsections (c1) through (c3).
§ 143B-135.158. Raising the status of an area.
Whenever in the judgment of the Secretary of the Department a scenic river segment has been sufficiently restored and enhanced in its natural scenic and recreational qualities, such segment may be reclassified with the approval of the Department, to a natural river area status and thereafter administered accordingly.
History. 1971, c. 1167, s. 2; 1973, c. 1262, ss. 28, 86; 2015-241, s. 14.30(f).
Editor’s Note.
Former G.S. 113A-37 was recodified as G.S. 143B-135.158 by Session Laws 2015-241, s. 14.30(f).
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.160. Land acquisition.
- The Department of Administration is authorized to acquire for the Department, within the boundaries of a river or segment of river as set out in G.S. 143B-135.150 on behalf of the State of North Carolina, lands in fee title or a lesser interest in land, preferably “scenic easements.” Acquisition of land or interest therein may be by donation, purchase with donated or appropriated funds, exchange or otherwise.
- The Department of Administration in acquiring real property or a property interest therein as set out in this Part shall have and may exercise the power of eminent domain in accordance with Article 3 of Chapter 40A of the General Statutes.
History. 1971, c. 1167, s. 2; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1987, c. 827, ss. 127, 129; 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-38 was recodified as G.S. 143B-135.160 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “G.S. 143B-135.150” for “G.S. 113A-35” in subsection (a); and substituted “Part” for “Article” in subsection (b).
Legal Periodicals.
For article, “The Pearl in the Oyster: The Public Trust Doctrine in North Carolina,” see 12 Campbell L. Rev. 23 (1989).
§ 143B-135.162. Claim and allowance of charitable deduction for contribution or gift of easement.
The contribution or donation of a “scenic easement,” right-of-way or any other easement or interest in land to the State of North Carolina, as provided in this Part, shall be deemed a contribution to the State of North Carolina within the provisions of G.S. 105-130.9 and section 170(c)(1) of the Internal Revenue Code. The value of the contribution or donation shall be the fair market value of the easement or other interest in land when the contribution or donation is made.
History. 1971, c. 1167, s. 2; 1991, c. 45, s. 23; 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-39 was recodified as G.S. 143B-135.162 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article” in the first sentence.
§ 143B-135.164. Component as part of State park, wildlife refuge, etc.
Any component of the State natural and scenic rivers system that is or shall become a part of any State park, wildlife refuge, or state-owned area shall be subject to the provisions of this Part and the laws under which the other areas may be administered, and in the case of conflict between the provisions of these laws, the more restrictive provisions shall apply.
History. 1971, c. 1167, s. 2; 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-40 was recodified as G.S. 143B-135.164 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “this Part and the laws” for “this Article and the Articles” near the middle, and “these laws,” for “these Articles” near the end.
§ 143B-135.166. Component as part of national wild and scenic river system.
Nothing in this Part shall preclude a river or segment of a river from becoming part of the national wild and scenic river system. The Secretary is directed to encourage and assist any federal studies for the inclusion of North Carolina rivers in the national system. The Secretary may enter into cooperative agreements for joint federal-state administration of a North Carolina river or segment of river: Provided, that such agreements relating to water and land use are not less restrictive than the requirements of this Part.
History. 1971, c. 1167, s. 2; 1973, c. 1262, s. 86; 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-41 was recodified as G.S. 143B-135.166 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article” twice and deleted “of the Department” following “Secretary” in the second sentence.
§ 143B-135.168. Violations.
- Civil Action. — Whoever violates, fails, neglects or refuses to obey any provision of this Part or rule or order of the Secretary may be compelled to comply with or obey the same by injunction, mandamus, or other appropriate remedy.
- Penalties. — Whoever violates, fails, neglects or refuses to obey any provision of this Part or rule or order of the Secretary is guilty of a Class 3 misdemeanor and may be punished only by a fine of not more than fifty dollars ($50.00) for each violation, and each day such person shall fail to comply, where feasible, after having been officially notified by the Department shall constitute a separate offense subject to the foregoing penalty.
History. 1971, c. 1167, s. 2; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1987, c. 827, s. 125; 1989, c. 727, s. 124; 1993, c. 539, s. 872; 1994, Ex. Sess., c. 24, s. 14(c); 2015-241, s. 14.30(f), (m).
Editor’s Note.
Former G.S. 113A-42 was recodified as G.S. 143B-135.168 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(m), effective July 1, 2015, substituted “Part” for “Article” in subsections (a) and (b).
§ 143B-135.170. Authorization of advances.
The Department of Administration is hereby authorized to advance from land-purchase appropriations necessary amounts for the purchase of land in those cases where reimbursement will be later effected by the Bureau of Outdoor Recreation of the United States Department of the Interior.
History. 1971, c. 1167, s. 2; 2015-241, s. 14.30(f).
Editor’s Note.
Former G.S. 113A-43 was recodified as G.S. 143B-135.170 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.172. Restrictions on project works on natural or scenic river.
The State Utilities Commission may not permit the construction of any dam, water conduit, reservoir, powerhouse transmission line, or any other project works on or directly affecting any river that is designated as a component or potential component of the State Natural and Scenic Rivers System. No department or agency of the State may assist by loan, grant, license, permit, or otherwise in the construction of any water resources project that would have a direct and adverse effect on any river that is designated as a component or potential component of the State Natural and Scenic Rivers System. This section shall not, however, preclude licensing of or assistance to a development below or above a designated or potential component. No department or agency of the State may recommend authorization of any water resources project that would have a direct and adverse effect on any river that is designated as a component or potential component of the State Natural and Scenic Rivers System, or request appropriations to begin construction of any such project, regardless of when authorized, without advising the Secretary in writing of its intention to do so at least 60 days in advance. Such department or agency making such recommendation or request shall submit a written impact statement to the General Assembly to accompany the recommendation or request specifically describing how construction of the project would be in conflict with the purposes of this act and how it would affect the component or potential component.
History. 1985, c. 129, s. 2; 2015-241, s. 14.30(f).
Editor’s Note.
Former G.S. 113A-44 was recodified as G.S. 143B-135.172 by Session Laws 2015-241, s. 14.30(f), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Part 37. Division of North Carolina Aquariums.
§ 143B-135.180. Division of North Carolina Aquariums — creation.
The Division of North Carolina Aquariums is created in the Department of Natural and Cultural Resources.
History. 1985, c. 202, s. 3; 1995, c. 509, s. 98; 1997-286, s. 2; 1997-400, s. 6.3(a), (b); 1997-443, s. 11A.119(b); 2015-241, s. 14.30(g), (n).
Editor’s Note.
Former Part 5C of Article 7 of Chapter 143B (G.S. 143B-289.40 to G.S. 143B-289.45 ) is recodified as Part 37 of Article 2 of Chapter 143B (G.S. 143B-135.180 to G.S. 143B-135.190 ) by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.
Former G.S. 143B-289.40 was recodified as G.S. 143B-135.180 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.
Prior to that, this section was G.S. 143B-390.1 , as recodified by Session Laws 1995, c. 509, s. 98 as G.S. 143B-289.19 . This section was subsequently recodified as G.S. 143B-289.40 by Session Laws 1997-400, s. 6.3.
Session Laws 2015-241, s. 14.11(b), provides: “The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums, may establish admission fees and related activity fees for those sites and facilities. In setting these fees, the Department of Environment and Natural Resources shall use a dynamic pricing strategy as defined in subsection (e) of this section. Any rule currently in the Administrative Code related to fees covered by subsection (a) of this section is ineffective and repealed upon the effective date of new admission fees and related activity fees adopted by the Department under the authority set out in that subsection. Notice of the initial adoption of new admission fees and related activity fees under subsection (a) of this section shall be given by the Department to the Codifier of Rules, who, upon receipt of notice of the initial adoption of new admission fees and related activity fees by the Department, shall note the repeal of these rules in the Administrative Code. Nothing in this subsection is intended to authorize the Department or any other department to charge new parking fees at the North Carolina Zoological Park, State parks, or the North Carolina Aquariums or to charge an admission fee at any other site or facility that does not currently charge an admission fee.”
Session Laws 2015-241, s. 14.11(e), provides: “For purposes of this section, ‘dynamic pricing’ is the adjustment of fees for admission and related activities from time to time to reflect market forces, including seasonal variations and special event interests, with the intent and effect to maximize revenues from use of these State resources to the extent practicable to offset appropriations from the General Assembly.”
Session Laws 2015-241, s. 14.11(g), as amended by Session Laws 2015-268, s. 5.5, provides: “The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums may not impose fees on school groups visiting those attractions. For purposes of this section, ‘fees’ refers to the regular admission charge, and does not include a separate admission charge for a special temporary exhibition or a special program.
Session Laws 2015-241, s. 14.11(i), provides: “This section applies to admission fees or related activity fees charged on or after the effective date of this act [July 1, 2015].”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(n), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Environment and Natural Resources.”
§ 143B-135.182. Division of North Carolina Aquariums — organization; powers and duties.
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The Division of North Carolina Aquariums shall be organized as prescribed by the Secretary of Natural and Cultural Resources and shall exercise the following powers and duties:
- Establish and maintain the North Carolina Aquariums.
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Administer the operations of the North Carolina Aquariums, such administrative duties to include, but not be limited to the following:
- Adopt goals and objectives for the Aquariums and review and revise these goals and objectives periodically.
- Review and approve requests for use of the Aquarium facilities and advise the Secretary of Natural and Cultural Resources on the most appropriate use consistent with the goals and objectives of the Aquariums.
- 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.
- Recommend to the Secretary of Natural and Cultural 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.
- Review Aquarium budget submissions to the Secretary of Natural and Cultural Resources.
- Recruit and recommend to the Secretary of Natural and Cultural Resources candidates for the positions of directors of the Aquariums.
- Create local advisory committees in accordance with the provisions of G.S. 143B-135.186 .
- Notwithstanding Article 3A of Chapter 143 of the General Statutes, and G.S. 143-49(4), dispose of any exhibit, exhibit component, or object from the collections of the North Carolina Aquariums by sale, lease, or trade. A sale, lease, or trade under this subdivision shall be conducted in accordance with generally accepted practices for zoos and aquariums that are accredited by the American Association of Zoos and Aquariums. After deducting the expenses attributable to the sale or lease, the net proceeds of any sale or lease shall be credited to the North Carolina Aquariums Fund.
- Assume any other powers and duties assigned to it by the Secretary.
- The Secretary may adopt any rules and procedures necessary to implement this section.
History. 1985, c. 202, s. 3; 1991, c. 320, s. 3; 1993, c. 321, ss. 28(d), 28(e); 1997-286, s. 3; 1997-400, s. 6.3(b), (c); 1997-443, ss. 11A.119(a), 11A.123; 1999-49, s. 1; 2015-241, s. 14.30(c), (g), (n), (w).
Editor’s Note.
Former G.S. 143B-289.41 was recodified as G.S. 143B-135.182 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.
Prior to that, this section was G.S. 143B-390.2 , and was recodified as G.S. 143B-289.20 by Session Laws 1993, c. 321, s. 28(d), effective July 1, 1993. This section was subsequently recodified as G.S. 143B-289.41 by Session Laws 1997-400, s. 6.3(b).
Session Laws 2015-241, s. 14.30(c), provides: “The Department of Environment and Natural Resources is renamed the Department of Environmental Quality. All references to the Department of Environment and Natural Resources or the Department of Cultural Resources in acts of the 2015 General Assembly taking effect on or after the effective date of this section [July 1, 2015] and in the Committee Report described in Section 33.2 of this act shall be construed to refer to the Department of Environmental Quality or the Department of Natural and Cultural Resources, respectively. References to duties or requirements of the Department of Environment and Natural Resources with respect to entities transferred under subsections (a) and (b) of this section shall be construed as duties or requirements of the Department of Natural and Cultural Resources as reorganized by this section.” Pursuant to this authority, “Natural and Cultural Resources” was substituted for “Environment and Natural Resources” in subdivision (a)(2)e.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(n), (w), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Environment and Natural Resources” throughout the section; and in subsection (a), deleted former repealed subdivisions and redesignated remaining subdivisions, and substituted “G.S. 143B-135.186” for “G.S. 143B- 289.43” in subdivision (2)g.
§ 143B-135.184. North Carolina Aquariums; purpose.
The purpose of establishing and maintaining the North Carolina Aquariums is to promote an awareness, understanding, and appreciation of the diverse natural and cultural resources associated with North Carolina’s oceans, estuaries, rivers, streams, and other aquatic environments.
History. 1991, c. 320, s. 4; 1993, c. 321, s. 28(d); 1997-400, s. 6.3(b); 2015-241, s. 14.30(g).
Editor’s Note.
Former G.S. 143B-289.42 was recodified as G.S. 143B-135.184 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.
Prior to that, this section was G.S. 143B-390.3, and was recodified as G.S. 143B-289.21 by Session Laws 1993, c. 321, s. 28(d), effective July 1, 1993. This section was subsequently recodified as G.S. 143B-289.42 by Session Laws 1997-400, s. 6.3(b).
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.186. Local advisory committees; duties; membership.
Local advisory committees created pursuant to G.S. 143B-135.182(a)(2) 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 Natural and Cultural Resources for three-year terms from nominations made by the Director of the Division of North Carolina Aquariums. Each committee shall select one of its members to serve as chairperson. Members of the committees shall serve without compensation for services or expenses.
History. 1991, c. 320, s. 4; 1993, c. 321, ss. 28(d), 28(f); 1997-286, s. 4; 1997-400, s. 6.3(b), (d); 1997-443, ss. 11A.119(a), 11A.123; 2015-241, s. 14.30(g), (n); 2015-268, s. 5.4(c).
Editor’s Note.
Former G.S. 143B-289.43 was recodified as G.S. 143B-135.186 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.
Prior to that, this section was G.S. 143B-390.4, and was recodified as G.S. 143B-289.22 by Session Laws 1993, c. 321, s. 28, effective July 1, 1993. This section was subsequently recodified as G.S. 143B-289.43 by Session Laws 1997-400, s. 6.3(b).
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(n), effective July 1, 2015, substituted “G.S. 143B- 135.182(a)(2)” for “G.S. 143B-289.41(a)(1b)” in the first sentence and “Secretary of Natural and Cultural Resources” for “Secretary of Environment and Natural Resources” in the second sentence.
Session Laws 2015-268, s. 5.4(c), effective July 1, 2015, substituted “Division of North Carolina Aquariums” for “Office of Marine Affairs” at the end of the second sentence.
§ 143B-135.188. North Carolina Aquariums; fees; fund.
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Fees. — The Secretary of Natural and Cultural Resources may adopt a schedule of fees for the aquariums and piers operated by the North Carolina Aquariums, including:
- Gate admission fees.
- Facility rental fees.
- Educational programs.
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Fund. — The North Carolina Aquariums Fund is hereby created as a special fund. The North Carolina Aquariums Fund shall be used for the following purposes with respect to the aquariums and the pier operated by the Division of North Carolina Aquariums:
- Repair, renovation, expansion, maintenance, and educational exhibit construction. Funds used for repair, renovation, and expansion projects may be transferred to a capital projects fund to account for use of the funds for each project.
- Payment of the debt service and lease payments related to the financing of facility expansions, subject to G.S. 143B-135.190 .
- Matching of private funds that are raised for these purposes.
- Marketing the North Carolina Aquariums.
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Disposition of Receipts. — All receipts derived from the collection of admissions charges and other fees and the lease or rental of property or facilities shall be credited to the aquariums’ General Fund operating budget. At the end of each fiscal year, the Secretary may transfer from the North Carolina aquariums’ General Fund operating budget to the North Carolina Aquariums Fund an amount not to exceed the sum of the following:
- One million five hundred thousand dollars ($1,500,000).
- The amount needed to cover the expenses described by subdivision (2) of subsection (b) this section.
- Any donations, gifts, and devises received by the North Carolina aquariums.
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Approval. — The Secretary may approve the use of the North Carolina Aquariums Fund for repair and renovation projects at the aquariums-related facilities that comply with the following:
- The total project cost is less than five hundred thousand dollars ($500,000).
- The project meets the requirements of G.S. 143C-8-13(a).
- The project is paid for from funds appropriated to the Fund.
- The project does not obligate the State to provide increased recurring funding for operations.
- Repealed by Session Laws 2015-286, s. 4.12(d), effective October 22, 2015.
- Report. — The Department shall submit to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division by September 30 of each year a report on the North Carolina Aquariums Fund that shall include the source and amounts of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year.
History. 1997-286, s. 5; 1997-400, s. 6.3(b); 1997-443, s. 11A.119(b); 1999-49, s. 2; 2002-159, s. 46; 2005-276, s. 12.10; 2012-142, s. 12.5(a); 2013-413, s. 42(a); 2014-100, s. 14.2C; 2014-115, s. 17; 2015-241, s. 14.30(g), (n); 2015-268, s. 5.4(d); 2015-286, s. 4.12(d); 2016-94, s. 16.6(b); 2017-57, ss. 14.3(h), 36.12(e); 2021-180, ss. 14.3(a), 14.3A(a).
Editor’s Note.
Former G.S. 143B-289.44 was recodified as G.S. 143B-135.188 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.
Prior to that, this section was numbered G.S. 143B-289.23. It was recodified as G.S. 143B-289.44 by Session Laws 1997-400, s. 6.3(b).
Session Laws 2013-413, s. 61(b), provides: “Except as otherwise provided, this act is effective when it becomes law [August 23, 2013].” Session Laws 2013-413, s. 60(c), had provided that: “This act becomes effective July 1, 2015.” Session Laws 2014-115, s. 17, amended Session Laws 2013-413, s. 60(c), to replace the reference to “This act” with the words “This Part.”
Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.”
Session Laws 2021-180, s. 43.7, is a severability clause.
Effect of Amendments.
Session Laws 2005-276, s. 12.10, effective July 1, 2005, inserted “to pay the debt service and lease payments related to the financing of expansions of aquariums, including other relevant satellite areas” in subsection (b).
Session Laws 2012-142, s. 12.5(a), effective July 2, 2012, substituted “aquariums” for “aquariums, including other relevant satellite areas” near the end of subsection (b).
Session Laws 2013-413, s. 42(a), substituted “fees for the aquariums and piers operated by the North Carolina Aquariums, including” for “uniform entrance fees for the North Carolina Aquariums” in subsection (a); and added subdivisions (a)(1), (a)(2), and (a)(3). For effective date, see editor’s note.
Session Laws 2014-100, s. 14.2C, effective July 1, 2014, added the last sentence in subsection (c).
Session Laws 2015-241, s. 14.30(n), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Environment and Natural Resources” in subsection (a); in subsection (b), deleted “and nonreverting” preceding “fund” and added “the following” at the end; rewrote subdivisions (b)(1) through (b)(3) and subsection (c); added subsection (d); redesignated former subsection (d) as subsection (e); and in subsection (e), added the subsection catchline, deleted “the Joint Legislative Commission on Governmental Operations” following “submit” and substituted “appropriations committees with jurisdiction over natural and economic resources” for “Appropriations Subcommittees on Natural and Economic Resources.”
Session Laws 2015-268, s. 5.4(d), effective July 1, 2015, rewrote subsection (b); and deleted “entrance” preceding “fee receipts” near the beginning of the second sentence of subsection (c).
Session Laws 2015-286, s. 4.12(d), effective October 22, 2015, deleted subsection (d) (now (e)), which read: “(e) Report. — The Division of North Carolina Aquariums shall submit to the House and Senate appropriations committees with jurisdiction over natural and economic resources, and the Fiscal Research Division by September 30 of each year a report on the North Carolina Aquariums Fund that shall include the source and amounts of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year.”
Session Laws 2016-94, s. 16.6(b), effective July 1, 2016, in subsection (c), substituted “Receipts” for “Fees” in the subsection heading, substituted “All receipts derived from the collection of admissions charges and other fees and the lease or rental of property or facilities” for “All fee receipts” in the first sentence; substituted “One million five hundred thousand dollars ($1,500,000)” for “One million dollars ($1,000,000)” in subdivision (c)(1); added subdivisions (c)(3), (d)(3) and (d)(4); and added subsection (f).
Session Laws 2017-57, s. 14.3(h), effective July 1, 2017, added the second sentence in subdivision (b)(1); and substituted “donations, gifts, and devises” for “private donations” in subdivision (c)(3).
Session Laws 2017-57, s. 36.12(e), effective July 1, 2019, substituted “G.S. 143C-8-13(a)” for “G.S. 143C-4-3(b)” in subdivision (d)(2).
Session Laws 2021-180, ss. 14.3(a), 14.3A(a), effective July 1, 2021, added subdivision (b)(4); and substituted “five hundred thousand dollars ($500,000)” for “three hundred thousand dollars ($300,000)” in subdivision (d)(1).
§ 143B-135.190. Satellite areas prohibited absent General Assembly authorization.
Notwithstanding any other provision of law, State funds shall not be used for any of the following purposes unless specifically authorized by the General Assembly:
- Construction of any satellite area.
- Commencement of any capital project in connection with the construction or acquisition of any satellite area.
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Operation of any satellite area.
For purposes of this section, the term “satellite area” means any property or facility that is to be operated by the Division of North Carolina Aquariums that is located somewhere other than on the site of the aquariums at Pine Knoll Shores, Roanoke Island, and Fort Fisher.
History. 2012-142, s. 12.5(c); 2015-241, s. 14.30(g).
Editor’s Note.
Former G.S. 143B-289.45 was recodified as G.S. 143B-135.190 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.
Session Laws 2012-142, s. 12.5(d) and (d1), provides: “(d) Notwithstanding G.S. 143B-289.45 , as enacted by subsection (c) of this section, the Division of North Carolina Aquariums may continue to operate the North Carolina Aquarium Pier at Nags Head.
“(d1) Grants for projects with partnering local municipalities awarded prior to the effective date of this act [July 2, 2012] may be transferred to the local partnering municipality for completion or fulfillment.”
Session Laws 2012-142, s. 1.2, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2012.’ ”
Session Laws 2012-142, s. 27.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year.”
Session Laws 2012-142, s. 27.7, is a severability clause.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Part 38. North Carolina Parks and Recreation Authority.
§ 143B-135.200. North Carolina Parks and Recreation Authority; creation; powers and duties.
The North Carolina Parks and Recreation Authority is created, to be administered by the Department of Natural and Cultural Resources. The North Carolina Parks and Recreation Authority shall have at least the following powers and duties:
- To receive public and private donations, appropriations, grants, and revenues for deposit into the Parks and Recreation Trust Fund.
- To allocate funds for land acquisition from the Parks and Recreation Trust Fund.
- To allocate funds for repairs, renovations, improvements, construction, and other capital projects from the Parks and Recreation Trust Fund.
- To solicit financial and material support from public and private sources.
- To develop effective public and private support for the programs and operations of the parks and recreation areas.
- To consider and to advise the Secretary of Natural and Cultural Resources on any matter the Secretary may refer to the North Carolina Parks and Recreation Authority.
History. 1995, c. 456, s. 1; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(h), (o).
Editor’s Note.
Former Part 13A of Article 7 of Chapter 143B (G.S. 143B-313.1, G.S. 143B-313.2) is recodified as Part 38 of Article 2 of Chapter 143B (G.S. 143B-135.200, G.S. 143B-135.202 ) by Session Laws 2015-241, s. 14.30(h), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.
Former G.S. 143B-313.1 was recodified as G.S. 143B-135.200 by Session Laws 2015-241, s. 14.30(h), effective July 1, 2015.
Session Laws 2015-241, s. 14.30(b), provides: “All functions, powers, duties, and obligations vested in the following commissions, boards, councils, and committees within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type II transfer, as defined in G.S. 143A-6 :
“(1) North Carolina Parks and Recreation Authority.
“(2) North Carolina Trails Committee.
“(3) North Carolina Zoological Park Council.
“(4) Advisory Commission for North Carolina State Museum of Natural Sciences.
“(5) Clean Water Management Trust Fund Board of Trustees.”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(o), effective July 1, 2015, substituted “Natural and Cultural Resources” for “Environment and Natural Resources” in the introductory paragraph and subdivision (6).
§ 143B-135.202. North Carolina Parks and Recreation Authority; members; selection; compensation; meetings.
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Membership. — The North Carolina Parks and Recreation Authority shall consist of nine members. The members shall include persons who are knowledgeable about park and recreation issues in North Carolina or with expertise in finance. In making appointments, each appointing authority shall specify under which subdivision of this subsection the person is appointed. Members shall be appointed as follows:
- One member appointed by the Governor.
- One member appointed by the Governor.
- One member appointed by the Governor.
- One member appointed by the Governor.
- One member appointed by the Governor.
- One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, as provided in G.S. 120-121 .
- One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, as provided in G.S. 120-121 .
- One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, as provided in G.S. 120-121.
- One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, as provided in G.S. 120-121.
- Terms. — Members shall serve staggered terms of office of three years. Members shall serve no more than two consecutive three-year terms. After serving two consecutive three-year terms, a member is not eligible for appointment to the Authority for at least one year after the expiration date of that member’s most recent term. Upon the expiration of a three-year term, a member may continue to serve until a successor is appointed and duly qualified as provided by G.S. 128-7 . The terms of members appointed under subdivisions (1), (6), and (8) of subsection (a) of this section shall expire on July 1 of years that are evenly divisible by three, with the initial appointments expiring July 1, 2022. The terms of members appointed under subdivisions (2), (3), and (4) of subsection (a) of this section shall expire on July 1 of years that follow by one year those years that are evenly divisible by three, with the initial appointments expiring July 1, 2020. The terms of members appointed under subdivisions (5), (7), and (9) of subsection (a) of this section shall expire on July 1 of years that precede by one year those years that are evenly divisible by three, with the initial appointments expiring July 1, 2021.
- Chair. — The Governor shall appoint one member of the North Carolina Parks and Recreation Authority to serve as Chair.
- Vacancies. — A vacancy on the North Carolina Parks and Recreation Authority shall be filled by the appointing authority responsible for making the appointment to that position as provided in subsection (a) of this section. An appointment to fill a vacancy shall be for the unexpired balance of the term.
- Removal. — The Governor may remove, as provided in Article 10 of Chapter 143C of the General Statutes any member of the North Carolina Parks and Recreation Authority appointed by the Governor for misfeasance, malfeasance, or nonfeasance. The General Assembly may remove any member of the North Carolina Parks and Recreation Authority appointed by the General Assembly for misfeasance, malfeasance, or nonfeasance.
- Compensation. — The members of the North Carolina Parks and Recreation Authority shall receive per diem and necessary travel and subsistence expenses according to the provisions of G.S. 138-5 .
- Meetings. — The North Carolina Parks and Recreation Authority shall meet at least quarterly at a time and place designated by the Chair.
- Quorum. — A majority of the North Carolina Parks and Recreation Authority shall constitute a quorum for the transaction of business.
- Staff. — All clerical and other services required by the North Carolina Parks and Recreation Authority shall be provided by the Secretary of Natural and Cultural Resources.
History. 1995, c. 456, s. 1; 1996, 2nd Ex. Sess., c. 15, s. 16.1; 1997-443, s. 11A.119(a); 1997-496, s. 10; 2001-424, s. 19.3(a); 2006-203, s. 105; 2007-437, s. 2; 2013-360, s. 14.5(a); 2015-241, s. 14.30(h), (o); 2019-32, s. 2.
Editor’s Note.
Former G.S. 143B-313.2 was recodified as G.S. 143B-135.202 by Session Laws 2015-241, s. 14.30(h), effective July 1, 2015.
Session Laws 2013-360, s. 14.5(b), provides: “The terms of all members of the North Carolina Parks and Recreation Authority shall expire on July 31, 2013. A new Authority consisting of nine members shall be appointed as provided in G.S. 143B-313.2, as amended by subsection (a) of this section. This subsection becomes effective on July 31, 2013.”
Session Laws 2013-360, s. 1.1, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2013.’ ”
Session Laws 2013-360, s. 38.2, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium.”
Session Laws 2013-360, s. 38.5, is a severability clause.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Session Laws 2019-32, s. 7, provides: “This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities.”
Effect of Amendments.
Session Laws 2006-203, s. 105, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter, substituted “Article 10 of Chapter 143C of the General Statutes” for “G.S. 143-13” in subsection (e).
Session Laws 2007-437, s. 2, effective August 23, 2007, in subsection (a), substituted “15 members” for “11 members” in the first sentence of the introductory paragraph and added subdivisions (a)(3a), (a)(3b), (a)(7a) and (a)(12); and, in subsection (b), inserted “(3a)” in the fourth sentence, inserted and “(3b)” in the fifth sentence, and substituted “(7a), (10), or (12)” for “or (10)” in the last sentence.
Session Laws 2013-360, s. 14.5(a), effective July 31, 2013, substituted “nine” for “15” in subsection (a); deleted subdivisions (a)(3a), (a)(3b), (a)(7), (a)(7a), (a)(11), and (a)(12); and in subsection (b), deleted “(3a)” preceding “(5)” and “(7)” preceding “or (9)” in the fifth sentence, in the sixth sentence, deleted “(3b)” preceding “(4)” and substituted “or (8)” for “(8), or (11),” and in the last sentence, substituted “or (10)” for “(7a), (10), or (12).”
Session Laws 2015-241, s. 14.30(o), effective July 1, 2015, in subsection (a), deleted former repealed subdivisions and redesignated remaining subdivisions; in subsection (b), substituted “subdivision (1), (5), or (8)” for “subdivision (1), (5), or (9)” in the fifth sentence, substituted “subdivision (2), (4), or (7)” for “subdivision (2), (4), or (8)” in the sixth sentence and substituted “subdivision (3), (6), or (9)” for “subdivision (3), (6), or (10)” in the last sentence; and substituted “Secretary of Natural and Cultural Resources” for “Secretary of Environment and Natural Resources” in subsection (i).
Session Laws 2019-32, s. 2, in subsection (a), rewrote subdivisions (a)(4) and (a)(5) which formerly read: “One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, as provided in G.S. 120-121 ”, and substituted “Speaker of the House of Representatives” for “President Pro Tempore of the Senate” in (a)(7); and rewrote subsection (b). For effective date and applicability, see editor’s note.
Legal Periodicals.
For 1997 legislative survey, see 20 Campbell L. Rev. 450 (1998).
Part 39. North Carolina Zoological Park.
§ 143B-135.204. Powers and duties of the Secretary.
- 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.
- 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.
History. 2019-241, s. 1(b).
Editor’s Note.
Session Laws 2019-241, s. 1(a), effective November 6, 2019, rewrote the Part heading, which formerly read “North Carolina Zoological Park Council.”
Session Laws 2019-241, s. 14, made this section effective November 6, 2019.
§ 143B-135.205. North Carolina Zoological Park Council — creation; powers and duties.
There is hereby created the North Carolina Zoological Park Council of the Department of Natural and Cultural Resources. The North Carolina Zoological Park Council shall have the following functions and duties:
- To advise the Secretary on the basic concepts of and for the Zoological Park, approve conceptual plans for the Zoological Park and its buildings.
- To advise on the construction, furnishings, equipment and operations of the North Carolina Zoological Park.
- To establish and set admission fees with the approval of the Secretary of Natural and Cultural Resources as provided in G.S. 143B-135.213 .
- To recommend programs to promote public appreciation of the North Carolina Zoological Park.
- To disseminate information on animals and the park as deemed necessary.
- To develop effective public support of the North Carolina Zoological Park through whatever means are desirable and necessary.
- To solicit financial and material support from various private sources within and without the State of North Carolina.
- To advise the Secretary of Natural and Cultural Resources upon any matter the Secretary may refer to it.
History. 1973, c. 1262, s. 83; 1977, c. 771, s. 4; 1981, c. 278, s. 2; 1989, c. 727, s. 218(147); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(i), (p).
Editor’s Note.
Former Part 22 of Article 7 of Chapter 143B (G.S. 143B-335 to 143B-336.1) was recodified as Part 39 of Article 2 of Chapter 143B (G.S. 143B-135.205 to 143B-135.209) by Session Laws 2015-241, s. 14.30(i), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.
Former G.S. 143B-335 was recodified as G.S. 143B-135.205 by Session Laws 2015-241, s. 14.30(i), effective July 1, 2015.
Session Laws 2015-241, s. 14.11(b), provides: “The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums, may establish admission fees and related activity fees for those sites and facilities. In setting these fees, the Department of Environment and Natural Resources shall use a dynamic pricing strategy as defined in subsection (e) of this section. Any rule currently in the Administrative Code related to fees covered by subsection (a) of this section is ineffective and repealed upon the effective date of new admission fees and related activity fees adopted by the Department under the authority set out in that subsection. Notice of the initial adoption of new admission fees and related activity fees under subsection (a) of this section shall be given by the Department to the Codifier of Rules, who, upon receipt of notice of the initial adoption of new admission fees and related activity fees by the Department, shall note the repeal of these rules in the Administrative Code. Nothing in this subsection is intended to authorize the Department or any other department to charge new parking fees at the North Carolina Zoological Park, State parks, or the North Carolina Aquariums or to charge an admission fee at any other site or facility that does not currently charge an admission fee.”
Session Laws 2015-241, s. 14.11(e), provides: “For purposes of this section, ‘dynamic pricing’ is the adjustment of fees for admission and related activities from time to time to reflect market forces, including seasonal variations and special event interests, with the intent and effect to maximize revenues from use of these State resources to the extent practicable to offset appropriations from the General Assembly.”
Session Laws 2015-241, s. 14.11(i), provides: “This section applies to admission fees or related activity fees charged on or after the effective date of this act [July 1, 2015].”
Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: “The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6 :
“(1) The Division of Parks and Recreation.
“(2) The State Parks System, including Mount Mitchell State Park.
“(3) The North Carolina Aquariums Division.
“(4) The North Carolina Zoological Park.
“(5) The North Carolina Museum of Natural Sciences.
“(6) Clean Water Management Trust Fund.
“(7) The Natural Heritage Program, within the Office of Land and Water Stewardship.”
Session Laws 2015-241, s. 14.30(b), provides: “All functions, powers, duties, and obligations vested in the following commissions, boards, councils, and committees within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type II transfer, as defined in G.S. 143A-6 :
“(1) North Carolina Parks and Recreation Authority.
“(2) North Carolina Trails Committee.
“(3) North Carolina Zoological Park Council.
“(4) Advisory Commission for North Carolina State Museum of Natural Sciences.
“(5) Clean Water Management Trust Fund Board of Trustees.”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(p), effective July 1, 2015, redesignated former subdivisions (2a) through (7) as subdivisions (4) through (8) and made minor punctuation changes; substituted “Natural and Cultural Resources” for “Environment and Natural Resources” in the introductory paragraph and in subdivisions (3) and (8); and substituted “G.S. 143B-135.213” for “G.S. 143-177.3(b)” in subdivision (3).
§ 143B-135.207. North Carolina Zoological Park Council — members; selection; removal; chairman; compensation; quorum; services.
The North Carolina Zoological Park Council of the Department of Natural and Cultural Resources shall consist of 15 members appointed by the Governor, one of whom shall be the Chairman of the Board of Directors of the North Carolina Zoological Society.
At the end of the respective terms of office of the initial members of the Council, the Governor, to achieve staggered terms, shall appoint five members for terms of two years, five members for terms of four years and five members for terms of six years. Thereafter, the appointment of their successors shall be for terms of six years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.
The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973.
The Governor shall designate a member of the Council to serve as chairman at his pleasure.
Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5 .
A majority of the Council shall constitute a quorum for the transaction of business.
All clerical and other services required by the Council shall be supplied by the Secretary of Natural and Cultural Resources.
History. 1973, c. 1262, s. 84; 1977, c. 771, s. 4; 1979, c. 30, s. 1; 1989, c. 727, s. 218(148); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(i), (p).
Editor’s Note.
Former G.S. 143B-336 was recodified as G.S. 143B-135.207 by Session Laws 2015-241, s. 14.30(i), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(p), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Environment and Natural Resources” in the first paragraph, deleted the former first sentence of the second paragraph, which read: “The initial members of the Council shall be the members of the Board of Directors of the North Carolina Zoo Authority who shall serve for a period equal to the remainder of their current terms on the Board of Directors of the North Carolina Zoological Authority, all of whose terms expire July 15, 1975.”, and substituted “Secretary of Natural and Cultural Resources” for “Secretary of Environment and Natural Resources” in the last paragraph.
§ 143B-135.209. North Carolina Zoo Fund.
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Fund. — The North Carolina Zoo Fund is created as a special fund. The North Carolina Zoo Fund shall be used for the following types of projects and activities at the North Carolina Zoological Park and to match private funds raised for these projects and activities:
- Repair, renovation, expansion, maintenance, and educational exhibit construction. Funds used for repair, renovation, and expansion projects may be transferred to a capital projects fund to account for use of the funds for each project.
- Renovations of exhibits in habitat clusters, visitor services facilities, and support facilities (including greenhouses and temporary animal holding areas).
- The acquisition, maintenance, or replacement of tram equipment as required to maintain adequate service to the public.
- Marketing the North Carolina Zoological Park.
- Disposition of Receipts. — All receipts derived from the collection of admissions charges and other fees, the lease or rental of property or facilities, and the disposition of products of the land or structures shall be credited to the North Carolina Zoological Park’s General Fund operating budget. At the end of each fiscal year, the Secretary may transfer from the North Carolina Zoological Park’s General Fund operating budget to the North Carolina Zoo Fund an amount not to exceed the sum of one million five hundred thousand dollars ($1,500,000) and any donations, gifts, and devises received by the North Carolina Zoological Park.
-
Approval. — The Secretary may approve the use of the North Carolina Zoo Fund for repair and renovation projects at the North Carolina Zoological Park recommended by the Council that comply with the following:
- The total project cost is less than five hundred thousand dollars ($500,000).
- The project meets the requirements of G.S. 143C-8-13(a).
- The project is paid for from funds appropriated to the Fund.
- The project does not obligate the State to provide increased recurring funding for operations.
- Report. — The Department shall submit to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division by September 30 of each year a report on the North Carolina Zoo Fund that shall include the source and amounts of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year.
History. 1989, c. 752, s. 154; 1995, c. 324, s. 26.11; 1997-443, s. 11A.119(a); 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2005-386, s. 5; 2010-142, s. 4; 2015-241, s. 14.30(i), (p); 2016-94, s. 16.6(a); 2017-57, ss. 14.3(i), 36.12(f); 2021-180, ss. 14.3(b), 14.3A(b).
Editor’s Note.
Former G.S. 143B-336.1 was recodified as G.S. 143B-135.209 by Session Laws 2015-241, s. 14.30(i), effective July 1, 2015
Session Laws 2011-145, s. 13.24, provides: “The Department of Environment and Natural Resources shall enter into a contract for the operation of at least three of the gift shops located at the North Carolina Zoological Park during the 2011-2012 fiscal year and the 2012-2013 fiscal year, and this contract shall provide that any profits that result from operating these gift shops during the 2011-2012 fiscal year and the 2012-2013 fiscal year are credited at the end of each quarter to the Special Zoo Fund created under G.S. 143B-336.1. The provisions of Article 3 and Article 8 of Chapter 143 of the General Statutes apply to any contract entered into under this section.”
Session Laws 2011-145, s. 1.1, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2011.”
Session Laws 2011-145, s. 32.2, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium.”
Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”
Session Laws 2021-180, s. 43.7, is a severability clause.
Effect of Amendments.
Session Laws 2005-386, s. 5, effective September 13, 2005, in the third sentence, inserted “and for marketing the Zoological Park” at the end, and made a related stylistic change; and substituted “that” for “which” in the fourth sentence.
Session Laws 2010-142, s. 4, effective July 22, 2010, in the last sentence, substituted the language “shall provide a report on or before October 1 of each year . . . Commission on Governmental Operations” for “shall provide an annual report to the Office of State Budget and Management and to the Fiscal Research Division of the Legislative Services Office.”
Session Laws 2015-241, s. 14.30(p), effective July 1, 2015, rewrote the section.
Session Laws 2016-94, s. 16.6(a), effective July 1, 2016, in subsection (b), substituted “Receipts” for “Fees” in the subsection heading, substituted “All receipts derived from the collection of admissions charges and other fees and the lease or rental of property or facilities” for “All fee receipts” in the first sentence, and substituted “the sum of one million five hundred thousand dollars ($1,500,000) and any private donations received by the North Carolina Zoological Park” for “one million dollars ($1,000,000)” in the last sentence; added subdivisions (c)(3) and (c)(4); and substituted “Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources” for “House and Senate appropriations committees with jurisdiction over natural and economic resources” in subsection (d).
Session Laws 2017-57, s. 14.3(i), effective July 1, 2017, added the second sentence in subdivision (a)(1); in subsection (b), added “and the disposition of products of the land or structures,” substituted “donations, gifts, and devises” for “private donations” and made a stylistic change.
Session Laws 2017-57, s. 36.12(f), effective July 1, 2019, substituted “G.S. 143C-8-13(a)” for “ G.S. 143C-4-3(b)” in subdivision (c)(2).
Session Laws 2021-180, ss. 14.3(b), 14.3A(b), effective July 1, 2021, in the introductory paragraph of subsection (a), added the first occurrence of “and activities” and substituted “projects and activities:” for “types of projects”; added subdivision (a(4); and substituted “five hundred thousand dollars ($500,000)” for “three hundred thousand dollars ($300,000)” in subdivision (c)(1).
§ 143B-135.210. Right to receive gifts.
In order to carry out the purposes of this Part, the Council is authorized to acquire by gift or will, absolutely or in trust, from individuals, corporations, or any other source money or other property, or any interests in property, which may be retained, sold or otherwise used to promote the purposes of this Part. The use of gifts shall be subject to such limitations as may be imposed thereon by donors, notwithstanding any other provisions of this Part.
History. 1969, c. 1104, s. 8; 2015-241, s. 14.30(j), (q).
Editor’s Note.
Former G.S. 143-177 was recodified as G.S. 143B-135.210 by Session Laws 2015-241, s. 14.30(j), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(q), effective July 1, 2015, substituted “Part” for “Article” throughout the section and substituted “Council” for “Board” in the first sentence.
§ 143B-135.211. Tax exemption for gifts to North Carolina Zoological Park.
All gifts made to the North Carolina Zoological Park for the purposes of this Part shall be exempt from every form of taxation including, but not by the way of limitation, ad valorem, intangible, gift, inheritance and income taxation. Proceeds from the sale of any property acquired under the provisions of this Part shall be deposited in the North Carolina State treasury and shall be credited to the North Carolina Zoological Park.
History. 1969, c. 1104, s. 9; 1973, c. 1262, s. 85; 2015-241, s. 14.30(j), (q).
Editor’s Note.
Former G.S. 143-177.1 was recodified as G.S. 143B-135.211 by Session Laws 2015-241, s. 14.30(j), effective July 1, 2015.
Session Laws 2015-241, s. 14.11(b), provides: “The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums, may establish admission fees and related activity fees for those sites and facilities. In setting these fees, the Department of Environment and Natural Resources shall use a dynamic pricing strategy as defined in subsection (e) of this section. Any rule currently in the Administrative Code related to fees covered by subsection (a) of this section is ineffective and repealed upon the effective date of new admission fees and related activity fees adopted by the Department under the authority set out in that subsection. Notice of the initial adoption of new admission fees and related activity fees under subsection (a) of this section shall be given by the Department to the Codifier of Rules, who, upon receipt of notice of the initial adoption of new admission fees and related activity fees by the Department, shall note the repeal of these rules in the Administrative Code. Nothing in this subsection is intended to authorize the Department or any other department to charge new parking fees at the North Carolina Zoological Park, State parks, or the North Carolina Aquariums or to charge an admission fee at any other site or facility that does not currently charge an admission fee.”
Session Laws 2015-241, s. 14.11(e), provides: “For purposes of this section, ‘dynamic pricing’ is the adjustment of fees for admission and related activities from time to time to reflect market forces, including seasonal variations and special event interests, with the intent and effect to maximize revenues from use of these State resources to the extent practicable to offset appropriations from the General Assembly.”
Session Laws 2015-241, s. 14.11(g), as amended by Session Laws 2015-268, s. 5.5, provides: “The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums may not impose fees on school groups visiting those attractions. For purposes of this section, ‘fees’ refers to the regular admission charge, and does not include a separate admission charge for a special temporary exhibition or a special program.”
Session Laws 2015-241, s. 14.11(i), provides: “This section applies to admission fees or related activity fees charged on or after the effective date of this act [July 1, 2015].”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(q), effective July 1, 2015, substituted “Tax exemption for gifts to North Carolina Zoological Park” for “North Carolina Zoological Park Fund” in the section heading and substituted “Part” for “Article” twice.
§ 143B-135.212. Cities and counties.
Cities and counties are hereby authorized to expend funds derived from nontax sources and to make gifts of surplus property, to assist in carrying out the purposes of this Part.
History. 1969, c. 1104, s. 10; 2015-241, s. 14.30(j), (q).
Editor’s Note.
Former G.S. 143-177.2 was recodified as G.S. 143B-135.212 by Session Laws 2015-241, s. 14.30(j), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(q), effective July 1, 2015, substituted “Part” for “Article.”
§ 143B-135.213. Sources of funds.
- It is the intent of this Part that the funds for the creation, establishment, construction, operation and maintenance of the North Carolina Zoological Park shall be obtained primarily from private sources; however, the Council under the supervision and approval and with the assistance of the Secretary of Natural and Cultural Resources is hereby authorized to receive and expend such funds as may from time to time become available by appropriation or otherwise from the State of North Carolina; provided, that the Council shall not in any manner pledge the faith and credit of the State of North Carolina for any of its purposes.
- The Council with the approval of the Secretary of Natural and Cultural Resources is authorized to establish and set admission fees which are reasonable and consistent with the purpose and function of the North Carolina Zoological Park.
- Notwithstanding Article 3A of Chapter 143 of the General Statutes, G.S. 143-49(4), or any other law pertaining to surplus State property, the Council may dispose of any exhibit, exhibit component, or object from the collections of the North Carolina Zoological Park by sale, lease, or trade. A sale, lease, or trade under this subsection shall be conducted in accordance with generally accepted practices for zoos and aquariums that are accredited by the American Association of Zoos and Aquariums. After deducting the expenses attributable to the sale or lease, the net proceeds of any sale or lease shall be credited to the North Carolina Zoo Fund.
History. 1969, c. 1104, s. 11; 1973, c. 1262, s. 85; 1977, c. 771, s. 4; 1981, c. 278, s. 1; 1989, c. 727, s. 218(101); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(j), (q); 2017-57, s. 14.3(j).
Editor’s Note.
Former G.S. 143-177.3 was recodified as G.S. 143B-135.213 by Session Laws 2015-241, s. 14.30(j), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(q), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Environment and Natural Resources” in subsections (a) and (b); and in subsection (a), substituted “Part” for “Article” and deleted “North Carolina Zoological Park” preceding “Council.”
Session Laws 2017-57, s. 14.3(j), effective July 1, 2017, added subsection (c).
§ 143B-135.214. Powers of Council and Department regarding certain fee negotiations, contracts, and capital improvements.
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The exception for the North Carolina Zoological Park set forth in
G.S. 143-341(3)
shall apply only to projects requiring the estimated expenditure of public money of two million dollars ($2,000,000) or less. The Council and the Department of Natural and Cultural Resources shall, with respect to the design, construction, or renovation of buildings, utilities, and other property developments of the North Carolina Zoological Park that fall below that threshold:
- Conduct the fee negotiations for all design contracts and supervise the letting of all construction and design contracts.
- Develop procedures governing the responsibilities of the Council and the Department to perform the duties of the Department of Administration under G.S. 133-1.1(d) and G.S. 143-341(3) .
- Use existing plans and specifications for construction projects, where feasible. Prior to designing a project, the Council and the Department shall consult with the Department of Administration on the availability of existing plans and specifications and the feasibility of using them for a project.
- The Council and Department shall use the standard contracts for design and construction currently in use for State capital improvement projects by the Office of State Construction of the Department of Administration.
- A contract may not be divided for the purpose of evading the monetary limit under this section.
- Notwithstanding any other provision of this Chapter, the Department of Administration shall not be the awarding authority for contracts awarded pursuant to this section.
- This section shall not exempt any capital improvement project from review and approval as may be required by law by the entity having jurisdiction over the subject property.
-
The Department shall annually report to the State Building Commission the following:
- A list of projects governed by this section.
- The estimated cost of each project along with the actual cost.
- The name of each person awarded a contract under this section.
- Whether the person or business awarded a contract under this section meets the definition of “minority business” or “minority person” as defined in G.S. 143-128.2(g).
- Unless clearly indicated otherwise, nothing in this section is intended to relieve the Department or the Council from the obligations imposed by Article 3 of Chapter 143 of the General Statutes.
History. 2017-57, s. 36.8(b).
Part 40. North Carolina State Museum of Natural Sciences.
§ 143B-135.215. Commission created; membership.
There is created an Advisory Commission for the North Carolina State Museum of Natural Sciences which shall determine its own organization. It shall consist of at least nine members, which shall include the Director of the North Carolina State Museum of Natural Sciences, the Commissioner of Agriculture, the State Geologist and Secretary of Natural and Cultural Resources, the Director of the Institute of Fisheries Research of the University of North Carolina, the Director of the Wildlife Resources Commission, the Superintendent of Public Instruction, or qualified representative of any or all of the above-named members, and at least three persons representing the East, the Piedmont, and the Western areas of the State. Members appointed by the Governor shall serve for four-year staggered terms. Terms shall begin on 1 September. Members appointed by the Governor shall not serve more than three consecutive four-year terms. Any member may be removed by the Governor for cause.
History. 1961, c. 1180, s. 1; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 218(119); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1993, c. 561, ss. 116(b), (f); 1997-443, s. 11A.119(a); 2007-495, s. 4(a); 2015-241, s. 14.30(k), (r).
State Government Reorganization.
The Museum of Natural History Advisory Commission was transferred to the Department of Agriculture by former G.S. 143A-66 , enacted by Session Laws 1971, c. 864. See now G.S. 143B-135.215 et seq.
Editor’s Note.
Former Part 29 of Article 7 of Chapter 143B (G.S. 143B-344.18 to G.S. 143B-344.23) was recodified as Part 40 of Article 2 of Chapter 143B (G.S. 143B-135.215 to G.S. 143B-135.229 ) by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified.
Former G.S. 143B-344.18 was recodified as G.S. 143B-135.215 by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015.
Prior to that, this Part was Article 40 of Chapter 143, as rewritten and recodified by Session Laws 1993, c. 561, s. 116(b), effective August 1, 1993.
Session Laws 1993, c. 561, which recodified this section, in s. 116(a) provides: “The statutory authority, powers, duties, and functions, records, personnel, property, and unexpended balances of approprations, allocations, or other funds of (i) the North Carolina State Museum of Natural Sciences, and of (ii) the Advisory Commission established in Article 40 of Chapter 143 of the General Statutes for the North Carolina State Museum of Natural Sciences, are transferred from the Department of Agriculture to the Department of Environment, Health, and Natural Resources [now the Department of Environment and Natural Resources]. This transfer has all of the elements of a Type I transfer as defined by G.S. 143A-6 .”
Session Laws 2007-495, s. 4(b), provides: “In order to provide four-year staggered terms for members of the Advisory Commission for the North Carolina State Museum of Natural Sciences, the Governor shall, at the Governor’s discretion, extend the terms for those appointees whose terms shall expire on 31 August 2007 to 31 August 2009 and extend the terms for those appointees whose terms shall expire on 31 August 2008 to 31 August 2010. The three-term limitation provision set out in G.S. 143B-344.18 , as amended by subsection (a) of this section, shall not apply to persons who are members of the Advisory Commission for the North Carolina State Museum of Natural Sciences at the time this act becomes law.” This act became law on August 30, 2007.
Session Laws 2015-241, s. 14.30(r), effective July 1, 2015, substituted the Part heading for one which formerly read: “Advisory Commission for North Carolina State Museum of Natural Sciences.”
Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: “The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6 :
“(1) The Division of Parks and Recreation.
“(2) The State Parks System, including Mount Mitchell State Park.
“(3) The North Carolina Aquariums Division.
“(4) The North Carolina Zoological Park.
“(5) The North Carolina Museum of Natural Sciences.
“(6) Clean Water Management Trust Fund.
“(7) The Natural Heritage Program, within the Office of Land and Water Stewardship.”
Session Laws 2015-241, s. 14.30(b), provides: “All functions, powers, duties, and obligations vested in the following commissions, boards, councils, and committees within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type II transfer, as defined in G.S. 143A-6 :
“(1) North Carolina Parks and Recreation Authority.
“(2) North Carolina Trails Committee.
“(3) North Carolina Zoological Park Council.
“(4) Advisory Commission for North Carolina State Museum of Natural Sciences.
“(5) Clean Water Management Trust Fund Board of Trustees.”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2007-495, s. 4.(a), effective August 30, 2007, substituted “four-year staggered terms.” for “terms of two years with the first appointments to be made effective September 1, 1961.” in the second sentence and added the next-to-last sentence.
Session Laws 2015-241, s. 14.30(r), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Environment and Natural Resources” in the second sentence.
§ 143B-135.217. Duties of Commission; meetings, formulation of policies and recommendations to Governor and General Assembly.
It shall be the duty of the Advisory Commission for the North Carolina State Museum of Natural Sciences to meet at least twice each year, to formulate policies for the advancement of the Museum, to make recommendations to the Governor and to the General Assembly concerning the Museum, and to assist in promoting and developing wider and more effective use of the North Carolina State Museum of Natural Sciences as an educational, scientific and historical exhibit.
History. 1961, c. 1180, s. 2; 1993, c. 561, ss. 116(b), (f); 2015-241, s. 14.30(k).
Editor’s Note.
Former G.S. 143B-344.19 was recodified as G.S. 143B-135.217 by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015.
Prior to that, this was section was G.S. 143-371. It was recodified by Session Laws 1993, c. 516, s. 116(b).
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.219. No compensation of members; reimbursement for expenses.
Members of the Advisory Commission shall serve without compensation and shall be reimbursed for actual expenses incurred while in attendance at meetings of the Commission at the same rate as that established for reimbursement of State employees. Payment for such reimbursement for actual expense shall be made from the Contingency and Emergency Fund.
History. 1961, c. 1180, s. 3; 1993, c. 561, s. 116(b); 2015-241, s. 14.30(k).
Editor’s Note.
Former G.S. 143B-344.20 was recodified as G.S. 143B-135.219 by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015.
Prior to that, this section was G.S. 143-372. It was recodified by Session Laws 1993, c. 561, s. 116(b).
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.221. Reports to General Assembly.
The Commission shall prepare and submit a report outlining the needs of the North Carolina State Museum of Natural Sciences and recommendations for improvement of the effectiveness of the North Carolina State Museum of Natural Sciences to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on or before October 1 of each year.
History. 1961, c. 1180, s. 4; 1993, c. 561, ss. 116(b), (f); 2010-142, s. 5; 2015-241, s. 14.30(k), (r); 2017-57, s. 14.1(ll).
Editor’s Note.
Former G.S. 143B-344.21 was recodified as G.S. 143B-135.221 by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015.
Prior to that, this section was G.S. 143-373. It was recodified by Session Laws 1993, c. 561, c. 116(b).
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2010-142, s. 5, effective July 22, 2010, rewrote the section, which formerly read: “The Commission shall prepare and submit to the 1995 General Assembly, and to each succeeding General Assembly, a report outlining the needs of the North Carolina State Museum of Natural Sciences and their recommendation for improvement of the effectiveness of the North Carolina State Museum of Natural Sciences for the purpose hereinabove set forth. ”
Session Laws 2015-241, s. 14.30(r), effective July 1, 2015, substituted “the General Assembly” for “the 1995 General Assembly, and to each succeeding General Assembly.”
Session Laws 2017-57, s. 14.1( ll ), effective July 1, 2017, rewrote the section, which formerly read: “The Commission shall prepare and submit a report outlining the needs of the North Carolina State Museum of Natural Sciences and recommendations for improvement of the effectiveness of the North Carolina State Museum of Natural Sciences for the purpose hereinabove set forth to the General Assembly, to the Fiscal Research Division of the General Assembly, and to the Joint Legislative Commission on Governmental Operations on or before October 1 of each year.”
§ 143B-135.223. Museum of Natural Sciences; disposition of objects.
Notwithstanding Article 3A of Chapter 143 of the General Statutes, G.S. 143-49(4), or any other law pertaining to surplus State property, the Department of Natural and Cultural Resources may sell or exchange any object from the collection of the Museum of Natural Sciences when it would be in the best interest of the Museum to do so. Sales or exchanges shall be conducted in accordance with generally accepted practices for accredited museums. If an object is sold, the net proceeds of the sale shall be deposited in the State treasury to the credit of a special fund to be used for the improvement of the Museum’s collections or exhibits.
History. 1991 (Reg. Sess., 1992), c. 900, s. 175; 1997-261, s. 24; 1998-212, s. 21(a); 2015-241, s. 14.30(k), (r).
Editor’s Note.
Former G.S. 143B-344.22 was recodified as G.S. 143B-135.223 by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015.
Prior to that, this section was G.S. 106-22.2 . It was recodified pursuant to Session Laws 1998-212, s. 21.
Session Laws 1997-443, s. 14.2, effective July 1, 1997, provides for the transfer of the North Carolina Maritime Museum (which was formerly included in this section) and associated funds, resources, and personnel from the Department of Agriculture and Consumer Services to the Department of Cultural Resources.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(r), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Environment and Natural Resources” in the first sentence.
§ 143B-135.225. Museum of Natural Sciences; fees; fund.
- Fund. — The North Carolina Museum of Natural Sciences Fund is created as a special fund. The North Carolina Museum of Natural Sciences Fund shall be used for repair, renovation, expansion, maintenance, and educational exhibit construction at the North Carolina Museum of Natural Sciences and to match private funds raised for these projects.
- Certain Admission Fees Permitted; Disposition of Receipts. — The Museum may collect a charge for special exhibitions, special events, and other temporary attractions. All Museum receipts shall be credited to the North Carolina Museum of Natural Sciences’ General Fund operating budget. At the end of each fiscal year, the Secretary may transfer from the North Carolina Museum of Natural Sciences’ General Fund operating budget to the North Carolina Museum of Natural Sciences Fund an amount not to exceed one million dollars ($1,000,000).
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Approval. — The Secretary may approve the use of the North Carolina Museum of Natural Sciences Fund for repair and renovation projects at the North Carolina Museum of Natural Sciences recommended by the Advisory Commission that comply with the following:
- The total project cost is less than three hundred thousand dollars ($300,000).
- The project meets the requirements of G.S. 143C-8-13(a).
- Report. — The Department shall submit to the House and Senate appropriations committees with jurisdiction over natural and economic resources and the Fiscal Research Division by September 30 of each year a report on the North Carolina Museum of Natural Sciences Fund that shall include the source and amounts of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year.
History. 2015-241, s. 14.30(r); 2015-268, s. 5.4(e); 2017-57, s. 36.12(g).
Effect of Amendments.
Session Laws 2015-268, s. 5.4(e), effective July 1, 2015, inserted “of Natural Sciences” in subsections (b) and (d); and substituted “Advisory Commission” for “Advisory Council” in the introductory paragraph of subsection (c).
Session Laws 2017-57, s. 36.12(g), effective July 1, 2019, substituted “G.S. 143C-8-13(a)” for “G.S. 143C-4-3(b)” in subdivision (c)(2).
§ 143B-135.227. North Carolina Science Museums Grant Program.
- Grant Program. — The North Carolina State Museum of Natural Sciences (hereinafter “Museum of Natural Sciences”) shall administer the North Carolina Science Museums Grant Program as a competitive grant program. Any museum in the State may apply for a grant under the Program, but grant funds shall be awarded only if the museum meets the criteria established in subsection (d) of this section. No museum shall be guaranteed a grant under the Program.
- Transition Requirements. — For the 2016-2017 fiscal year, the Museum of Natural Sciences shall award grants for a one-year period as set forth in this subsection. Any museum may submit an application for funding. If the museum received funding during the 2015-2016 fiscal year under the Grassroots Science Program, and the Museum of Natural Sciences determines those museums meet the criteria for funding established in subsection (d) of this section, it shall be funded at a level determined as set forth in subsection (b1) of this section. Funds remaining after funding of eligible 2015-2016 fiscal year Grassroots Science Program recipients may be awarded to other museums under the criteria set forth in subsections (b1), (d), and (e) of this section. (b1) Tier-Based Funding Preferences. — The Museum of Natural Sciences shall reserve seven hundred fifty thousand dollars ($750,000) for the purpose of awarding grants to museums located in development tier one counties and six hundred thousand dollars ($600,000) for museums located in development tier two counties. The development tier designation of a county shall be determined as provided in G.S. 143B-437.08 . If, after the initial awarding of grants to all museum applicants who meet the eligibility criteria provided for in subsection (d) of this section, there are funds remaining in any development tier category, the Museum of Natural Sciences may reallocate those funds to another development tier category. The maximum amount of each grant awarded in any fiscal year shall be (i) seventy-five thousand dollars ($75,000) for a museum in a development tier one county; (ii) sixty thousand dollars ($60,000) for a museum in a development tier two county; and (iii) fifty thousand dollars ($50,000) for a museum in a development tier three county. For purposes of this subsection, a museum located in a rural census tract, as defined in G.S. 143B-472.127(a)(2), in a development tier two or development tier three county shall be subject to the maximum grant amount for a development tier one county.
- Beginning July 1, 2017, it is the intent of the General Assembly that the Museum of Natural Sciences shall award grants under this program for a two-year period. For each two-year grant cycle, the Museum of Natural Sciences shall reserve the amounts for development tier one and tier two counties and shall award the maximum grant amounts for each year of the grant cycle as provided in subsection (b1) of this section. The tier-based funding preferences in subsection (b1) of this section and the requirements of subsections (d) and (e) of this section shall apply to the two-year grants. If there are funds remaining after the awarding of grants to all museum applicants meeting the eligibility criteria set forth in subsection (d) of this section in any grant cycle, the remaining balance of funds shall be distributed equally to all museum applicants awarded funds during that grant cycle without regard to the maximum grant amounts established in subsection (b1) of this section.
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To be eligible to receive a grant under the competitive grant program, a museum shall demonstrate:
- That it is a science center or museum or a children’s museum that is physically located in the State.
- That it has been open, operating, and exhibiting science or science, technology, engineering, and math (STEM) education objects to the general public at least 120 days of each year for the past two or more years.
- That it is either (i) a nonprofit organization that is exempt from federal income taxes pursuant to section 501(c)(3) of the Internal Revenue Code or (ii) an organization that received funding in fiscal year 2015-2016 from the Grassroots Science Program.
- That it has on its staff at least one full-time professional person.
- That its governing body has adopted a mission statement that includes language that shows the museum has a concentration on science or STEM education.
- In its application, in a format to be determined by the Museum of Natural Sciences, a detailed plan for (i) the proposed use of the funds and (ii) measurements to demonstrate at the end of the grant cycle that the use of the funds has had the projected results.
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The Museum of Natural Sciences shall, in awarding grants under this section, give priority to museums that:
-
When compared to other museum applicants:
- Are located in counties that are more economically distressed according to the annual rankings prepared by the Department of Commerce pursuant to G.S. 143B-437.08(c).
- Generate a larger portion of their operating funds from non-State revenue.
- Have a higher attendance-to-population ratio.
- Partner with other museums in the State to share exhibits, programs, or other activities.
- Are not located in close proximity to other science or STEM education museums.
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When compared to other museum applicants:
- The Department may create one new position to administer the program using no more than fifty thousand dollars ($50,000) of funds appropriated to the North Carolina Science Museums Grant Program in each fiscal year. In addition to administering the Grant Program, this position shall also (i) serve as a liaison between grant applicants or recipients and the Museum to answer questions and assist with grant applications; (ii) foster collaboration between the Museum and grant recipients with respect to education program development and the loaning of exhibits from the Museum or between grantee institutions; and (iii) undertake other duties in support of the Grant Program at the discretion of the Director of the Museum.
History. 2015-241, s. 15.18A(b); 2016-94, s. 16.5; 2017-57, s. 14.11.
Editor’s Note.
Session Laws 2015-241, s. 15.18A(a), provides: “Effective July 1, 2016, the Grassroots Science Program within the Department of Commerce is transferred to the North Carolina State Museum of Natural Sciences in the Department of Natural and Cultural Resources, as enacted by Section 14.30 of this act.”
Session Laws 2015-241, s. 15.18A(d), provides: “By March 1, 2016, the Museum of Natural Sciences shall submit guidelines for the submission of applications and the awarding of grants for the competitive grant program provided for in subsection (b) of this section to the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources and the Senate Appropriations Committee on Natural and Economic Resources and the Fiscal Research Division.”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2016-94, s. 16.5, effective July 1, 2016, rewrote the section.
Session Laws 2017-57, s. 14.11, effective July 1, 2017, added the last sentence in subsection (b1).
§ 143B-135.229. North Carolina Museum of Natural Sciences’ satellite museums.
- The Department of Natural and Cultural Resources shall establish and administer the North Carolina Museum of Natural Sciences at Whiteville in Columbus County as a satellite museum of the North Carolina State Museum of Natural Sciences.
- The Department of Natural and Cultural Resources may enter into agreements with nonprofit organizations to establish satellite museums of the North Carolina State Museum of Natural Sciences that are administered by the nonprofit organizations and meet the requirements of G.S. 143B-135.227(d)(1)-(5).
History. 1998-212, s. 14.1(a); 2015-241, s. 14.30(k), (r); 2019-241, s. 6.
Editor’s Note.
Former G.S. 143B-344.23 was recodified as G.S. 143B-135.229 by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015.
Session Laws 1998-212, s. 14.1(a), originally enacted this section as G.S. 143B-344.22; however, it has been redesignated as G.S. 143B-344.23 at the direction of the Revisor of Statutes.
Session Laws 2014-100, s. 14.20A, provides: “It is the intent of the General Assembly that, if the North Carolina Museum of Forestry (hereinafter ‘Museum’) fails to raise at least one hundred thousand dollars ($100,000) in non-State funds during the 2014-2015 fiscal year, no State funds after the 2014-2015 fiscal year will be appropriated for the support of the Museum.”
Session Laws 2014-100, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2014.’ ”
Session Laws 2014-100, s. 38.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year.”
Session Laws 2014-100, s. 38.7, is a severability clause.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(r), effective July 1, 2015, substituted “Museum of Natural Sciences at Whiteville” for “Museum of Forestry” in the section heading and text; and substituted “Department of Natural and Cultural Resources” for “Department of Environment and Natural Resources.”
Session Laws 2019-241, s. 6, effective November 6, 2019, substituted “Sciences’ satellite museums” for “Sciences at Whiteville; satellite museum” in the section heading; designated the existing provisions as subsection (a); and added subsection (b).
Part 41. Clean Water Management Trust Fund.
§ 143B-135.230. Purpose.
- It is the intent of the General Assembly to support and accelerate the State’s programs of land conservation and protection and farmland and open space preservation and coordination to find means to assure and increase funding for these programs, to support the long-term management of conservation lands acquired by the State, and to improve the coordination, efficiency, and implementation of the various State and local land protection programs operating in North Carolina.
- It is the further 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.
- It is the further intent of the General Assembly that the State’s lands should be protected in a manner that minimizes any adverse impacts on the ability of local governments to carry out their broad mandates.
History. 1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2003-340, s. 1.3; 2007-549, s. 1; 2011-374, s. 2.1; 2014-100, s. 14.8(a); 2015-241, s. 14.30(k1); 2020-78, s. 8.4(a), (b).
Editor’s Note.
Former Article 18 of Chapter 113A (G.S. 113A-251 to G.S. 113A-259 ) was recodified as Part 41 of Article 2 of Chapter 143B (G.S. 143B-135.230 to G.S. 143B-135.248 ) by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015. Historical citations and case annotations from former sections have been added to corresponding sections in new Part 41 as recodified.
G.S. 143B-135.248 was repealed by Session Laws 2019-32, s. 1(a), effective July 1, 2019.
Former G.S. 113A-251 was recodified as G.S. 143B-135.231 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015. “Part” was substituted for “Article” in this section at the direction of the Revisor of Statutes.
Session Laws 2003-340, s. 1.3, recodified former G.S. 113-145.1 through 113-145.8 as present G.S. 113A-251 through 113A-259 in Article 18 of Chapter 113A.
For provisions of Session Laws 2006-223 preamble and ss. 1-12, which created the Land and Water Conservation Study Commission, see note at G.S. 113-44.15 .
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Session Laws 2020-78, s. 22.1, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium.”
Session Laws 2020-78, s. 22.3, is a severability clause.
Effect of Amendments.
Session Laws 2007-549, s. 1, effective August 31, 2007, inserted “including innovative pilot projects” in the second sentence of the first paragraph.
Session Laws 2011-374, s. 2.1, effective June 27, 2011, in the first paragraph, inserted “preserve” in the first sentence, and inserted “enhancing” in the last sentence; and in the last paragraph, substituted “and protecting, preserving, and conserving unpolluted surface waters, including enhancement or development of drinking water supplies” for “and protecting and conserving unpolluted surface waters, including urban drinking water supplies” in the first sentence, added the third sentence, and inserted “and the preservation of property for establishing clean water supplies” in the last sentence.
Session Laws 2014-100, s. 14.8(a), effective July 1, 2014, rewrote the section.
Session Laws 2020-78, s. 8.4(a), effective July 1, 2020, recodified G.S. 113A-240(a) and (b) as subsections (a) and (c) of this section.
Session Laws 2020-78, s. 8.4(b), effective July 1, 2020, in subsection (a), in the first sentence, deleted “continue to” preceding “support and” in the beginning and added “and farmland and open space preservation and coordination” near the middle and designated the existing provisions of this section as subsection (b).
Legal Periodicals.
For article, “The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation,” see 29 Campbell L. Rev. 535 (2007).
§ 143B-135.232. Definitions.
The following definitions apply in this Part:
- Repealed by Session Laws 2019-32, s. 1(a), effective July 1, 2019.
- Fund. — The Clean Water Management Trust Fund created pursuant to this Part.
- Land. — Real property and any interest in, easement in, or restriction on real property.
- Local government unit. — Defined in G.S. 159G-20 .
- Trustees. — The trustees of the Clean Water Management Trust Fund.
History. 1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2003-340, s. 1.3; 2005-454, s. 4; 2006-252, s. 2.13; 2014-100, s. 14.8(b); 2015-241, s. 14.30(k1), (r1); 2019-32, s. 1(a).
Editor’s Note.
Former G.S. 113A-252 was recodified as G.S. 143B-135.232 by Session Laws 2015-241, s. 14.30(k1). At the direction of the Revisor of Statutes, “this Part” was substituted for “this Article” in the introductory language and in subdivision (2).
Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: “The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6 :
“(1) The Division of Parks and Recreation.
“(2) The State Parks System, including Mount Mitchell State Park.
“(3) The North Carolina Aquariums Division.
“(4) The North Carolina Zoological Park.
“(5) The North Carolina Museum of Natural Sciences.
“(6) Clean Water Management Trust Fund.
“(7) The Natural Heritage Program, within the Office of Land and Water Stewardship.”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Session Laws 2019-32, s. 7, provides: “This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities.”
Session Laws 2019-32, s. 1(e), provides: “The Chair of the Board of Trustees shall report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Environmental Review Commission, the Subcommittees of the House of Representatives and Senate Appropriations Committees with jurisdiction over natural and economic resources, and the Fiscal Research Division of the General Assembly regarding the implementation of Section 1.(a) of this act no later than July 1, 2020.”
Effect of Amendments.
Session Laws 2005-454, s. 4, effective January 1, 2006, substituted “The following definitions apply” for “As used” in the introductory paragraph; rewrote subdivision (2); and added subdivisions (4a), (4b), (6), and (7).
Session Laws 2006-252, s. 2.13, effective January 1, 2007, substituted “G.S. 143B-437.01” for “G.S. 105-129.3” in subdivision (2).
Session Laws 2014-100, s. 14.8(b), effective July 1, 2014, deleted former subdivisions (2), (4b), (6), and (7), defining “Economically distressed local government unit,” “Stormwater quality project,” “Wastewater collection system,” and “Wastewater treatment works.”
Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, deleted former repealed subdivisions and redesignated the remaining subdivisions.
Session Laws 2019-32, s. 1(a), deleted subdivision (1). For effective date and applicability, see editor’s note.
§ 143B-135.234. Clean Water Management Trust Fund.
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Fund Established. — The Clean Water Management Trust Fund is established as a special revenue fund to be administered by the Department of Natural and Cultural Resources. The Clean Water Management Trust Fund shall also be known as the “Land and Water Fund.” The Fund receives revenue from the following sources and may receive revenue from other sources:
- Annual appropriations.
- Special registration plates under G.S. 20-81.12 .
- Other special registration plates under G.S. 20-79.7 .
- Hazard mitigation funds from the Federal Emergency Management Agency and other agencies.
- Fund Earnings, Assets, and Balances. — The State Treasurer shall hold the Fund separate and apart from all other moneys, funds, and accounts. Any balance remaining in the Fund at the end of any fiscal year shall be carried forward in the Fund for the next succeeding fiscal year. Payments from the Fund shall be made on the warrant of the Chair of the Board of Trustees.
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Fund Purposes. — Moneys from the Fund are appropriated annually to finance projects to clean up or prevent surface water pollution and for land preservation in accordance with this Part. Revenue in the Fund may be used for any of the following purposes:
- To acquire land for riparian buffers for the purposes of providing environmental protection for surface waters and drinking water supplies and establishing a network of riparian greenways for environmental, educational, and recreational uses.
- To acquire conservation easements or other interests in real property for the purpose of protecting and conserving surface waters and enhancing drinking water supplies, including the development of water supply reservoirs.
- To coordinate with other public programs involved with lands adjoining water bodies to gain the most public benefit while protecting and improving water quality.
- To restore previously degraded lands to reestablish their ability to protect water quality.
- To facilitate planning that targets reductions in surface water pollution.
- To finance innovative efforts, including pilot projects, to improve stormwater management, to reduce pollutants entering the State’s waterways, to improve water quality, and to research alternative solutions to the State’s water quality problems.
- To prevent encroachment, provide buffers, and preserve natural habitats around military installations or military training areas, or for State matching funds of federal initiatives that provide funds to prevent encroachment, provide buffers, and preserve natural habitats around military installations or military training areas.
- To acquire land that represents the ecological diversity of North Carolina, including natural features such as riverine, montane, coastal, and geologic systems and other natural areas to ensure their preservation and conservation for recreational, scientific, educational, cultural, and aesthetic purposes.
- To acquire land that contributes to the development of a balanced State program of historic properties.
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, (11) Repealed by Session Laws 2015-241, s. 14.4, effective July 1, 2015.
(12) To protect and restore floodplains and wetlands for the purpose of storing water, reducing flooding, improving water quality, providing wildlife and aquatic habitat, and providing recreational opportunities.
- Repealed by Session Laws 2015-241, s. 14.4, effective July 1, 2015.
History. 1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2001-424, s. 32.17; 2003-340, s. 1.3; 2004-179, s. 4.4; 2005-454, s. 5; 2007-549, s. 2; 2011-145, s. 13.26(b); 2011-374, s. 2.2; 2013-360, s. 14.3(d); 2014-100, ss. 14.13A(b), 14.21(b); 2015-241, ss. 14.4, 14.30(k1), (r1), (w); 2017-197, s. 4.12; 2019-32, s. 1(a); 2020-69, s. 5.1.
Clean Water Conservation.
Session Laws 2004-179, part 4, authorizes the issuance or incurrence of special indebtedness in the maximum principal amount provided in the part to be used to finance the cost of clean water projects.
Session Laws 2004-179, s. 4.2, provides: “Identification of Clean Water Projects. — The specific clean water projects for which the special indebtedness may be used are to be identified by the Clean Water Management Trust Fund Board of Trustees as provided in G.S. 113A-256(j), but are limited to the following projects:
“(1) Acquisition by conservation easement or fee simple up to 17,000 acres near North Carolina military bases in order to prevent encroachment by incompatible development.
“(2) Acquisition of up to 6,000 acres to expand an existing State park, provide gamelands to help protect North Carolina rivers, and provide two new State parks along North Carolina rivers; and capital improvements to an existing State park as part of its expansion.”
Session Laws 2004-179, ss. 8.1 and 8.2, provide: “8.1 It is the intent of the General Assembly that the proceeds of special indebtedness issued under parts 2 through 4 of this act shall be applied for the purposes provided in those parts, including the acquisition by conservation easement, or otherwise, of land near military bases to prevent encroachment. This acquisition shall be a high priority because of its vital importance to the State of North Carolina.
“8.2 None of the proceeds of special indebtedness authorized by parts 2 through 4 of this act may be used to acquire any property by eminent domain.”
Session Laws 2012-142, s. 12.7(a), (b), provides: “(a) Notwithstanding the provisions of G.S. 113A-253(d), up to three million dollars ($3,000,000) may be used for the 2012-2013 fiscal year for the costs of administering the Clean Water Management Trust Fund, including costs to support the Board of Trustees of the Clean Water Management Trust Fund and its staff, the operating costs of the Board of Trustees of the Clean Water Management Trust Fund and its staff, and the costs of making debt payments to retire debt as provided under G.S. 113A-253(c).
“(b) The Board of Trustees of the Fund shall give priority consideration to any Clean Water Management Trust Fund application requesting State matching funds for infrastructure programs and for the Readiness and Environmental Protection Initiative or any other United States Department of Defense program that provides for military buffers and protects the overall military training mission.”
Session Laws 2013-360, s. 14.3(a), provides: “All staff that are supported by the Clean Water Management Trust Fund and employed by the Clean Water Management Trust Fund Board of Trustees are transferred to the Department of Environment and Natural Resources and shall continue to be supported by the Clean Water Management Trust Fund, established in G.S. 113A-253 , and shall be employed by the Department of Environment and Natural Resources. The Clean Water Management Trust Fund shall be administered by the Department of Environment and Natural Resources.”
Session Laws 2013-360, s. 14.3(k), provides: “The Natural Heritage Trust Fund shall be closed and the remaining fund balance in the Fund shall be transferred to the Clean Water Management Trust Fund established in G.S. 113A-253 as provided in this subsection. It is the intent of the General Assembly to honor the obligations from the Natural Heritage Trust Fund that were authorized prior to the effective date of this section and to ensure that any tax proceeds credited to the Natural Heritage Trust Fund are used for the purposes for which they were collected. Any encumbered funds transferred from the Natural Heritage Trust Fund to the Clean Water Management Trust Fund shall be used for the purpose for which the grant was awarded. The funds transferred from the Natural Heritage Trust Fund to the Clean Water Management Trust Fund that are unencumbered and any funds transferred from the Natural Heritage Trust Fund to the Clean Water Management Trust Fund that were encumbered but become unencumbered after the effective date of this section shall be used to acquire land under G.S. 113A-253 (c)(8c) or G.S. 113A-253(c)(8d), as amended by subsection (d) of this section, or shall be used for the continued payment of debt service authorized before the effective date of this section to reimburse the General Fund for debt service on special indebtedness issued or incurred under Article 9 of Chapter 142 of the General Statutes for a natural heritage purpose.”
Session Laws 2013-360, s. 14.3( l ), provides: “The Revisor of Statutes may conform names and titles changed by this section, and may correct statutory references as required by this section, throughout the General Statutes. In making the changes authorized by this section, the Revisor may also adjust subject and verb agreement and the placement of conjunctions.”
Editor’s Note.
Former G.S. 113A-253 was recodified as G.S. 143B-135.234 . by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015. At the direction of the Revisor of Statutes, “this Part” was substituted for “this Article” in the introductory language of subsection (c).
Session Laws 2004-179, s. 8.3, is a severability clause.
Session Laws 2011-145, s. 1.1, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2011.’ ”
Session Laws 2011-145, s. 32.5, is a severability clause.
Session Laws 2012-142, s. 1.2, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2012.’ ”
Session Laws 2012-142, s. 27.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year.”
Session Laws 2012-142, s. 27.7, is a severability clause.
Session Laws 2013-360, s. 1.1, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2013.’ ”
Session Laws 2013-360, s. 38.2, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium.”
Session Laws 2013-360, s. 38.5, is a severability clause.
Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, would have amended subdivisions (c)(10) by substituting “G.S. 143B-135.272” for “G.S. 113A-164.12,” “Part 42 of this Article” for “Article 9A of Chapter 113A of the General Statutes” and “G.S. 143B-135.254” for “G.S. 113A-164.3”, and subsection (d), by deleting the first sentence; however, Session Laws 2015-241, s. 14.4, repealed subdivision (c)(8e) (now (c)(10)) and subsection (d) so the amendments were not given effect.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Session Laws 2017-197, s. 4.12, was contingent upon Senate Bill 257, 2017 Regular Session, becoming law. Senate Bill 257 was enacted as Session Laws 2017-57.
Session Laws 2019-32, s. 7, provides: “This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities.”
Session Laws 2020-18, s. 13(a), (b), effective June 12, 2020, provides: “(a) The Department of Environmental Quality shall develop performance management procedures for projects funded as part of the Western Stream Initiative. These procedures shall include, at a minimum, the collection and reporting of the following measures for all projects receiving grant funding:
“(1) Time to issue and act upon grant applications.
“(2) Time to process requests for payment.
“(3) Cost per grant administered.
“(4) Number of applicants reviewed, approved, and denied.
“(5) Number of grants administered.
“(6) Total grant dollars administered.
“(7) Total project cost for each project, including all funding sources, broken out into the following categories:
“a. Permitting cost.
“b. Site assessment, design, and engineering.
“c. Management and engineering.
“(8) Total linear feet of stream restored in each year.
“(9) Cost per linear foot of restored stream.
“(10) Reduction in sediment loading achieved.
“(b) The Department of Natural and Cultural Resources shall provide to the Department of Environmental Quality all of the measures set forth in subsection (a) of this section that are relevant to funding for the Western Stream Initiative provided by the Clean Water Management Trust Fund.”
Effect of Amendments.
Session Laws 2004-179, s. 4.4, effective August 5, 2004, inserted “are appropriated annually and” preceding “may be used” in subsection (c); added “and to retire debt incurred for this purpose under Article 9 of Chapter 142 of the General Statutes” at the end of subdivisions (c)(1)-(c)(4).
Session Laws 2005-454, s. 5, effective January 1, 2006, deleted “established” from the end of the section heading; rewrote subsection (a); substituted “to finance projects to clean up or prevent surface water pollution in accordance with this Article. Revenue in the Fund” for “and” in subsection (c); rewrote subdivisions (c)(5) and (c)(6); substituted “finance stormwater quality projects” for “improve stormwater controls and management practices” in subdivision (c)(7); and substituted “1 July” for “July 1” in subsection (d).
Session Laws 2007-549, s. 2, effective August 31, 2007, added subdivision (c)(8a).
Session Laws 2011-145, s. 13.26(b), effective July 1, 2011, deleted “under G.S. 143-15.3B” from the end of subdivision (a)(1).
Session Laws 2011-374, s. 2.2, effective June 27, 2011, inserted “and for land preservation” in the introductory paragraph of subsection (c); and substituted “and enhancing drinking water supplies, including the development of water supply reservoirs” for “and urban drinking water supplies” in subdivision (c)(2).
Session Laws 2013-360, s. 14.3(d), effective August 1, 2013, added “to be administered by the Department of Environment and Natural Resources” in subsection (a); deleted “Scenic River” preceding “Special” in subdivision (a)(2); added subdivision (a)(3); deleted “and to retire debt incurred for this purpose under Article 9 of Chapter 142 of the General Statutes” at the end of subdivisions (c)(1), (c)(2), (c)(3), and (c)(4); deleted subdivisions (c)(5), (c)(6), and (c)(7); added subdivisions (c)(8b), (c)(8c), (c)(8d), and (c)(8e); rewrote subsection (d), which formerly read “Limit on Operating and Administrative Expenses. — No more than two percent (2%) of the annual balance of the Fund on 1 July or a total sum of one million two hundred fifty thousand dollars ($1,250,000), whichever is greater, may be used each fiscal year for administrative and operative expenses of the Board of Trustees and its staff.”
Session Laws 2014-100, s. 14.13A(b), effective July 1, 2014, in subdivision (c)(8e), inserted “the sum of” and “and any fees collected under G.S. 113A-164.12 near the beginning.”
Session Laws 2014-100, s. 14.21(b), effective July 1, 2014, deleted the former second sentence in subsection (b), which read: “Investment earnings credited to the assets of the Fund shall become part of the Fund.”
Session Laws 2015-241, s. 14.4, effective July 1, 2015, deleted subdivisions (c)(10) and (11), pertaining to funding and conservation planning of natural areas and funding of Board of Trustees, respectively, and deleted subsection (d), pertaining to limitation on operating and administrative expenses.
Session Laws 2015-241, s. 14.30(r1), (w), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Environment and Natural Resources” in the introductory language of subsection (a); in subsection (c), deleted former repealed subdivisions and redesignated the remaining subdivisions and in subdivision (10), substituted “G.S. 143B-135.272” for “G.S. 113A-164.12,” substituted “Part 42 of this Article” for “Article 9A of Chapter 113A of the General Statutes” and substituted “G.S. 143B-135.254” for “G.S. 113A-164.3”; and deleted the former first sentence of subsection (d), which read: “For the fiscal year beginning July 1, 2013, the limit on operating and administrative expenses of the Board of Trustees and its staff is one million two hundred fifty thousand dollars ($1,250,000).” See Editor’s note.
Session Laws 2017-197, s. 4.12, effective July 1, 2017, substituted “Department of Natural and Cultural Resources” for “Department of Environmental Quality” in subsection (a).
Session Laws 2019-32, s. 1(a), inserted the second sentence of subsection (a); added subdivision (a)(4); deleted “and urban” following “protection for surface waters” in subdivision (c)(1); rewrote subdivision (c)(7), which formerly read: “To provide buffers around military bases or for State matching funds for the Readiness and Environmental Protection Initiative, a federal funding initiative that provides funds for military buffers”; and added subdivision (c)(12). For effective date and applicability, see editor’s note.
Session Laws 2020-69, s. 5.1, effective July 1, 2020, added the first occurrence of “and” in subdivision (c)(1).
OPINIONS OF ATTORNEY GENERAL
The preparation of an Environmental Impact Statement (EIS) may be included in funding for a project that otherwise qualifies for grant funds, although the preparation of an EIS is not, in itself, one of the authorized uses of Clean Water Management Trust Fund moneys under this section. See opinion of Attorney General to Mr. David McNaught, Director, Clean Water Management Trust Fund, 1998 N.C. Op. Att'y Gen. 11 (2/20/98).
Construction of a regional wastewater system may be funded with Clean Water Management Trust Fund moneys only if the construction meets the criteria set out in former subdivisions (c)(5) or (6) of this section. See opinion of Attorney General to Mr. David McNaught, Director, Clean Water Management Trust Fund, 1998 N.C. Op. Att'y Gen. 11 (2/20/98).
§ 143B-135.236. North Carolina Conservation Easement Endowment Fund.
- 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 Trust Fund for stewardship activities related to projects for conservation easements funded from the Clean Water Management 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.
- The Trustees may authorize the disbursement of the endowment investment income only for activities related to stewardship of conservation easements owned by the State.
History. 2008-107, s. 12.9(a); 2015-241, s. 14.30(k1).
Editor’s Note.
Former G.S. 113A-253.2 was recodified as G.S. 143B-135.236 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.238. Grant requirements.
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Eligible Applicants. — Any of the following are eligible to apply for a grant from the Fund for the purpose of protecting and enhancing water quality:
- A State agency.
- A local government unit.
- A nonprofit corporation whose primary purpose is the conservation, preservation, or restoration of our State’s cultural, environmental, or natural resources.
- Criteria. — The criteria developed by the Trustees under G.S. 143B-135.242 apply to grants made under this Part.
- Matching Requirement. — The Board of Trustees shall establish matching requirements for grants awarded under this Part. This requirement may be satisfied by the donation of land to a public or private nonprofit conservation organization as approved by the Board of Trustees. The Board of Trustees may also waive the requirement to match a grant pursuant to guidelines adopted by the Board of Trustees.
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Restriction. — No grant shall be awarded under this Part for any of the following purposes:
- To satisfy compensatory mitigation requirements under 33 USC § 1344 or G.S. 143-214.11 .
- To any project receiving State funds authorized by G.S. 143-215.71 for the nonfederal share of a grant under the Environmental Quality Incentives Program.
- Withdrawal. — An award of a grant under this Part is withdrawn if the grant recipient fails to enter into a construction contract for the project within one year after the date of the award, unless the Trustees find that the applicant has good cause for the failure. If the Trustees find good cause for a recipient’s failure, the Trustees must set a date by which the recipient must take action or forfeit the grant.
History. 1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2003-340, s. 1.3; 2005-454, s. 6; 2006-178, s. 1; 2007-185, s. 1; 2014-100, s. 14.8(c); 2015-241, s. 14.30(k1), (r1); 2020-18, s. 12(b).
Editor’s Note.
Former G.S. 113A-254 was recodified as G.S. 143B-135.238 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015. At the direction of the Revisor of Statutes, “this Part” was substituted for “this Article” throughout the section.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Session Laws 2020-18, s. 16(a), provides: “If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and, to this end, the provisions of this act are declared to be severable.”
Effect of Amendments.
Session Laws 2005-454, s. 6, effective January 1, 2006, rewrote the section heading; deleted “Grant” following “eligible” in (a); substituted “unit” for “or other political subdivision of the State or a combination of such entities” in subdivision (a)(2); added subsection (a1); deleted “Grant” from the beginning of subsection (b); substituted “Restrictions” for “Grants Not Available to Satisfy Compensatory Mitigation Requirements” in subsection (c); and added subsections (d) through (f).
Session Laws 2014-100, s. 14.8(c), effective July 1, 2014, rewrote subdivision (a)(3), and subsection (a1); and deleted former subsections (d) and (e), concerning waste limits and stormwater limits.
Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, deleted former repealed subsections and redesignated former subsections (a1) through (f) as present subsections (b) through (e); and substituted “G.S. 143B-135.242” for “G.S. 113A-256” in subsection (b).
Session Laws 2020-18, s. 12(b), effective June 12, 2020, rewrote subsection (d).
OPINIONS OF ATTORNEY GENERAL
A local band of Indians is not eligible to receive grants under the Clean Water Management Trust Fund. See opinion of Attorney General to David McNaught, Executive Director, Clean Water Management Trust Fund, 1998 N.C. Op. Att'y Gen. 26 (6/3/98).
§ 143B-135.240. Clean Water Management Trust Fund: Board of Trustees established; membership qualifications; vacancies; meetings and meeting facilities.
- Board of Trustees Established. — There is established the Clean Water Management Trust Fund Board of Trustees. The Clean Water Management Trust Fund Board of Trustees shall be administratively located within the Department of Natural and Cultural Resources.
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Membership. — The Clean Water Management Trust Fund Board of Trustees shall be composed of nine members appointed to three-year terms as follows:
- Two members appointed by the Governor to terms that expire on July 1 of years that precede by one year those years that are evenly divisible by three.
- Two members appointed by the Governor to terms that expire on July 1 of years that follow by one year those years that are evenly divisible by three.
- One member appointed by the Governor to a term that expires on July 1 of years that are evenly divisible by three.
- 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.
- Repealed by Session Laws 2019-32, s. 1(a), effective July 1, 2019.
- 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.
- Repealed by Session Laws 2019-32, s. 1(a), effective July 1, 2019.
- 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.
- 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.The initial terms of members appointed pursuant to subdivisions (2) and (8) of this subsection shall expire July 1, 2020. The initial terms of members appointed pursuant to subdivisions (1) and (4) of this subsection shall expire July 1, 2021. The initial terms of members appointed pursuant to subdivisions (3), (6), and (9) of this subsection shall expire July 1, 2022.
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Qualifications. — The office of Trustee is declared to be an office that may be held concurrently with any other executive or appointive office, under the authority of Article VI, Section 9, of the North Carolina Constitution. When appointing members of the Authority, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives shall give consideration to adequate representation from the various regions of the State and shall give consideration to the appointment of members who are knowledgeable in any of the following areas:
- Acquisition and management of natural areas.
- Conservation and restoration of water quality.
- Wildlife and fisheries habitats and resources.
- Environmental management.
- Historic preservation.
- Limitation on Length of Service. — No member of the Board of Trustees shall serve more than two consecutive three-year terms or a total of 10 years.
- Chair. — The Governor shall appoint one member to serve as Chair of the Board of Trustees. (e1) Removal. — Members of the Board of Trustees may be removed pursuant to G.S. 143B-16 .
- Vacancies. — An appointment to fill a vacancy on the Board of Trustees created by the resignation, removal, disability, or death of a member shall be for the balance of the unexpired term. Vacancies in appointments made by the General Assembly shall be filled as provided in G.S. 120-122 .
- Frequency of Meetings. — The Board of Trustees shall meet at least twice each year and may hold special meetings at the call of the Chair or a majority of the members.
- Quorum. — A majority of the membership of the Board of Trustees constitutes a quorum for the transaction of business.
- Per Diem and Expenses. — Each member of the Board of Trustees shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 120-3.1 , 138-5, and 138-6, as applicable. Per diem, subsistence, and travel expenses of the Trustees shall be paid from the Fund.
History. 1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 1997-443, s. 11A.119(a); 2001-474, s. 10; 2003-340, s. 1.3; 2003-422, s. 1; 2006-178, s. 2; 2013-360, s. 14.3(e); 2014-100, s. 14.8(d); 2015-241, s. 14.30(k1), (r1), (w); 2019-32, s. 1(a).
Editor’s Note.
Former G.S. 113A-255 was recodified by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015, as G.S. 143B-135.240 .
Session Laws 2003-422, s. 2, provides: “In order to alter the schedule of staggered terms of four years for the Clean Water Management Trust Fund Board of Trustees so that, as nearly as possible, the same number of terms will expire each year and to provide for an orderly transition in membership of the Board of Trustees to the terms specified in G.S. 113-145.5 [now G.S. 113A-255 ], as amended by Section 1 of this act, the following provisions shall apply:
“(1) Philip A. Baddour shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(1) through 1 July 2007.
“(2) Joseph M. Hester, Jr. shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(2) through 1 July 2007.
“(3) John McMillan shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(3) through 1 July 2008.
“(4) Robert Stanley Vaughan shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(4) through 1 July 2008.
“(5) The Governor shall appoint a member to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(5) through 1 July 2005.
“(6) The Governor shall appoint a member to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(6) through 1 July 2006.
“(7) The Governor shall appoint a member to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(7) through 1 July 2006.
“(8) Alex MacFadyen of Wake County is appointed to the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(8) to serve through 1 July 2007.
“(9) Johnnie Mosley shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(9) through 1 July 2007.
“(10) William E. Hollan, Jr. shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(10) through 1 July 2004.
“(11) William J. Brooks, III shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(11) through 1 July 2005.
“(12) Dickson McLean, Jr. shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(12) through 1 July 2005.
“(13) Claudette Weston shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(13) through 1 July 2006.
“(14) Jerry W. Wright shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(14) through 1 July 2006.
“(15) Clarence Leroy Smith shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(15) through 1 July 2003. Clarence Leroy Smith of Pitt County is reappointed to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(15) through 1 July 2007.
“(16) Charles R. Wakild shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(16) through 1 July 2003. Anthony T. Lathrop of Mecklenburg County is appointed to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(16) through 1 July 2008.
“(17) Edmond John Maguire III of Moore County is appointed to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(17) through 1 July 2008.
“(18) Robert Dare Howard shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(18) through 1 July 2005.
“(19) Margaret B. Markey shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(19) through 1 July 2005.
“(20) Allen Holt Gwyn shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(20) through 1 July 2003. Ronald L. Smith of Carteret County is appointed to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(20) through 1 July 2006.
“(21) Karen Cragnolin shall serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(21) through 1 July 2003. Karen Cragnolin of Buncombe County is reappointed to serve in the position established by G.S. 113-145.5 [now G.S. 113A-255 ] (b)(21) through 1 July 2006.”
Session Laws 2003-340, s. 1.3, effective July 27, 2003, recodified former G.S. 113-145.5 as present G.S. 113A-255 .
Session Laws 2006-178, s. 2, which added subsection (b2), was effective retroactively to July 1, 2006 and not applicable to any person who is a member of the Board of Trustees of the Clean Water Management Trust Fund on June 30, 2006.
Session Laws 2015-241, s. 14.30(b), provides: “All functions, powers, duties, and obligations vested in the following commissions, boards, councils, and committees within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type II transfer, as defined in G.S. 143A-6 :
“(1) North Carolina Parks and Recreation Authority.
“(2) North Carolina Trails Committee.
“(3) North Carolina Zoological Park Council.
“(4) Advisory Commission for North Carolina State Museum of Natural Sciences.
“(5) Clean Water Management Trust Fund Board of Trustees.”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Session Laws 2019-32, s. 7, provides: “This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities.”
Effect of Amendments.
Session Laws 2013-360, s. 14.3(e), effective August 1, 2013, deleted “but shall be independent of the Department” at the end of subsection (a); substituted “nine members appointed to three-year terms as follows” for “21 members appointed to four-year terms as follows” in subsection (b); deleted former subdivisions (b)(1) through (b)(21); added present subdivisions (b)(1) through (b)(9); rewrote the second sentence in subsection (b1), which formerly read “Persons appointed shall be knowledgeable in at least one of the following areas”; substituted “three-year” for “four-year” in subsection (b2); substituted “G.S. 120-3.1, 138-5, and 138-6, as applicable” for “G.S. 138-5” in subsection (f); and deleted subsection (g).
Session Laws 2014-100, s. 14.8(d), effective July 1, 2014, added subdivision (b1)(5).
Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Environment and Natural Resources” in subsection (a); redesignated former subsections (b1) through (f) as present subsections (c) through (i); and deleted former repealed subsection (g).
Session Laws 2015-241, s. 14.30(w), effective July 1, 2015, substituted “Department of Natural and Cultural Resources” for “Department of Environment and Natural Resources” in subsection (a).
Session Laws 2019-32, s. 1(a), in subsection (b), substituted “Two members appointed by the Governor to terms that expire on July 1” for “One member appointed by the Governor to a term that expires on July 1” at the beginning of subdivisions (b)(1) and (b)(2); deleted former subdivisions (b)(5) and (b)(7); inserted the paragraph following subdivision (b)(9); and added subsection (e1). For effective date and applicability, see editor’s note.
§ 143B-135.242. Clean Water Management Trust Fund Board of Trustees: powers and duties.
- Allocate Grant Funds. — The Trustees shall allocate moneys from the Fund as grants. A grant may be awarded only for a project or activity that satisfies the criteria and furthers the purposes of this Part.
-
Develop Grant Criteria. — The Trustees shall develop criteria for awarding grants under this Part. The criteria developed shall include consideration of the following:
- The significant enhancement and conservation of water quality in the State.
-
The objectives of the various basinwide management plans for the State’s river basins and watersheds.
(2a) The objectives of basinwide integrated water management plans developed and adopted at the regional level.
- The promotion of regional integrated ecological networks insofar as they affect water quality.
- The specific areas targeted as being environmentally sensitive.
- The geographic distribution of funds as appropriate.
- The preservation of water resources with significant recreational or economic value and uses.
- The development of a network of riparian buffer-greenways bordering and connecting the State’s waterways that will serve environmental, educational, and recreational uses.
- Water supply availability and the public’s need for resources adequate to meet demand for essential water uses. Criteria developed pursuant to this subdivision may include the value of preserving capacity by preventing sedimentation and nutrient pollution.
- The protection or preservation of land with outstanding natural or cultural heritage values.
- The protection or preservation of land that contains a relatively undisturbed and outstanding example of a native North Carolina ecological community that is now uncommon; contains a major river or tributary, watershed, wetland, significant littoral, estuarine, or aquatic site, or important geologic feature; or represents a type of landscape, natural feature, or natural area that is not currently in the State’s inventory of parks and natural areas.
- The protection or preservation of a site or structure that is of such historical significance as to be essential to the development of a balanced State program of historic properties.
- The rate and likelihood of land-use change and development, where such data is available.
- Priority shall be given to projects that are part of a comprehensive, long-term land-use plan by a State agency, local government unit, or a nonprofit corporation whose primary purpose is the conservation, preservation, or restoration of the State’s cultural, environmental, or natural resources.
- Develop Additional Guidelines. — The Trustees may develop guidelines in addition to the grant criteria consistent with and as necessary to implement this Part.
- Acquisition of Land. — The Trustees may acquire land by purchase, negotiation, gift, or devise. Any acquisition of land by the Trustees must be reviewed and approved by the Council of State and the deed for the land subject to approval of the Attorney General before the acquisition can become effective. In determining whether to acquire land as permitted by this Part, the Trustees shall consider whether the acquisition furthers the purposes of this Part. Nothing in this section shall allow the Trustees to acquire land under the right of eminent domain.
- Exchange of Land. — The Trustees may exchange any land they acquire in carrying out the powers conferred on the Trustees by this Part.
- Land Management. — The Trustees may designate managers or managing agencies of the lands acquired under this Part.
- Rule-making Authority. — The Trustees may adopt rules to implement this Part. Chapter 150B of the General Statutes applies to the adoption of rules by the Trustees.
History. 1996, 2nd Ex. Sess., c. 18, s. 27.6(a), (c); 1999-237, s. 15.11; 2003-340, s. 1.3; 2004-179, s. 4.5; 2011-374, s. 2.4; 2013-360, s. 14.3(f); 2013-414, s. 58(b); 2014-3, s. 14.14(f); 2014-100, s. 14.8(e); 2015-241, s. 14.30(k1), (r1); 2019-32, s. 1(a).
Clean Water Conservation.
Session Laws 2004-179, part 4, authorizes the issuance or incurrence of special indebtedness in the maximum principal amount provided in the part to be used to finance the cost of clean water projects. Session Laws 2004-179, s. 4.2 provides: “Identification of Clean Water Projects. — The specific clean water projects for which the special indebtedness may be used are to be identified by the Clean Water Management Trust Fund Board of Trustees as provided in G.S. 113A-256(j), but are limited to the following projects:
“(1) Acquisition by conservation easement or fee simple up to 17,000 acres near North Carolina military bases in order to prevent encroachment by incompatible development.
“(2) Acquisition of up to 6,000 acres to expand an existing State park, provide gamelands to help protect North Carolina rivers, and provide two new State parks along North Carolina rivers; and capital improvements to an existing State park as part of its expansion.”
Session Laws 2004-179, ss. 8.1 and 8.2, provide: “SECTION 8.1 It is the intent of the General Assembly that the proceeds of special indebtedness issued under parts 2 through 4 of this act shall be applied for the purposes provided in those parts, including the acquisition by conservation easement, or otherwise, of land near military bases to prevent encroachment. This acquisition shall be a high priority because of its vital importance to the State of North Carolina.
“SECTION 8.2 None of the proceeds of special indebtedness authorized by parts 2 through 4 of this act may be used to acquire any property by eminent domain.”
Editor’s Note.
Former G.S. 113A-256 was recodified as G.S. 143B-135.242 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015. At the direction of the Revisor of Statutes, “this Part” was substituted for “this Article” throughout this section.
Session Laws 2003-340, s. 1.3, effective July 27, 2003, recodified former G.S. 113-145.6 as present G.S. 113A-256 .
Session Laws 2004-179, s. 8.3, is a severability clause.
Session Laws 2013-414, s. 58(f), makes the amendments to this section by Session Laws 2013-414, s. 58(b), effective January 1, 2014, and applicable to taxable years that begin on or after that date and to purchases made on or after that date.
Session Laws 2014-3, s. 14.14(f), repealed subsection (g) of this section, effective May 29, 2014. However, subsection (g) previously had been repealed by Session Laws 2013-414, s. 58(b), effective January 1, 2014.
Session Laws 2019-32, s. 7, provides: “This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities.”
Effect of Amendments.
Session Laws 2004-179, s. 4.5, effective August 5, 2004, added subsection (j).
Session Laws 2011-374, s. 2.4, effective June 27, 2011, added subdivision (b)(8).
Session Laws 2013-360, s. 14.3(f), effective August 1, 2013, added subdivisions (b)(9) through (b)(11); and deleted subsection (j).
Session Laws 2013-414, s. 58(b), effective January 1, 2014, repealed subsection (g). For applicability, see editor’s note.
Session Laws 2014-3, s. 14.14(f), effective May 29, 2014, repealed subsection (g).
Session Laws 2014-100, s. 14.8(e), effective July 1, 2014, inserted “various” in subdivision (b)(2).
Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, deleted former repealed subsections and redesignated former subsection (h) as present subsection (g).
Session Laws 2019-32, s. 1(a), added subdivision (b)(2a); in subdivision (b)(8), substituted “the value of preserving capacity by preventing sedimentation and nutrient pollution” for “consideration of the likelihood of a proposed water supply project ultimately being permitted and built”; added (b)(12) and (b)(13); and substituted “furthers the purposes of this Part” for “furthers the purposes of this Part and may also consider recommendations from the Council” at the end of the third sentence of subsection (d). For effective date and applicability, see editor’s note.
§ 143B-135.244. Clean Water Management Trust Fund: reporting requirement.
The Chair of the Board of Trustees shall report no later than December 1 each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Environmental Review Commission, the Subcommittees of the House of Representatives and Senate Appropriations Committees with jurisdiction over natural and economic resources, and the Fiscal Research Division of the General Assembly regarding the implementation of this Part. The report shall include a list of the projects awarded grants from the Fund for the previous 12-month period. The list shall include for each project a description of the project, the amount of the grant awarded for the project, and the total cost of the project. For projects funded for the purpose set forth in G.S. 143B-135.234(c)(12), the report shall also include the amount of flood storage capacity enhanced or restored for each project.
History. 1997-443, s. 7.10; 2002-148, s. 3; 2003-340, s. 1.3; 2015-241, s. 14.30(k1), (r1); 2017-57, s. 14.1(dd); 2021-180, s. 5.9(r).
Editor’s Note.
Former G.S. 113A-257 was recodified as G.S. 143B-135.244 by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015. At the direction of the Revisor of Statutes, “this Part” was substituted for “this Article” in the first sentence.
Session Laws 2003-340, s. 1.3, effective July 27, 2003, recodified former G.S. 113-145.6A as present G.S. 113A-257 .
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’”
Session Laws 2015-241, s. 33.6, is a severability clause.
Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”
Session Laws 2021-180, s. 43.7, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, substituted “shall report no later than December 1 each year” for “shall report each year by 1 December”, deleted “on Natural and Economic Resources” following “Subcommittees” and substituted “Appropriations Committees with jurisdiction over natural and economic resources, and the” for “Appropriations Committees, and the.”
Session Laws 2017-57, s. 14.1(dd), effective July 1, 2017, substituted “Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources” for “Joint Legislative Commission on Governmental Operations.”
Session Laws 2021-180, s. 5.9(r), effective July 1, 2021, added the last sentence.
§ 143B-135.246. Clean Water Management 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 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.
History. 1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2001-424, s. 32.16(b); 2003-340, s. 1.3; 2013-360, s. 14.3(g); 2013-382, s. 9.1(c); 2015-241, s. 14.30(k1), (r1); 2019-32, s. 1(a).
Editor’s Note.
Former G.S. 113A-258 was recodified as G.S. 143B-135.246 by Session Laws 2015-241, s. 14.30(k1).
Session Laws 2003-340, s. 1.3, effective July 27, 2003, recodified former G.S. 113-145.7 as present G.S. 113A-258 .
Session Laws 2013-382, s. 9.1(b), provides: “The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act:
“(1) The State Personnel Commission is renamed the ‘North Carolina Human Resources Commission.’
“(2) The Office of State Personnel is renamed the ‘North Carolina Office of State Human Resources.’
“(3) The State Personnel Director is renamed the ‘Director of the North Carolina Office of State Human Resources.’ ”
Session Laws 2013-382, s. 9.1(c), provides: “Modification of References. — The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary.”
Session Laws 2019-32, s. 7, provides: “This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities.”
Effect of Amendments.
Session Laws 2013-360, s. 14.3(g), effective August 1, 2013, in the first paragraph, substituted “the Secretary of Environment and Natural Resources” for “The Clean Water Management Trust Fund Board of Trustees, as soon as practicable after its organization” in the first sentence and for “the Trustees and the Director of the Budget” in the second sentence; and substituted “Secretary of Environment and Natural Resources” for “Trustees” twice in the second paragraph.
Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted “North Carolina Human Resources Act” for “State Personnel Act” in the last sentence.
Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, substituted “Secretary of Natural and Cultural Resources” for “Secretary of Environment and Natural Resources” throughout the section.
Session Laws 2019-32, s. 1(a), deleted the last sentence of this section which formerly read: “These employees shall be exempt from the North Carolina Human Resources Act, as provided in G.S. 126-5(c1) .” For effective date and applicability, see editor’s note.
§ 143B-135.248. [Repealed]
Repealed by Session Laws 2019-32, s. 1(a), effective July 1, 2019.
History. 1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 1997-443, s. 11A.119(a); 2001-474, s. 11; 2003-340, s. 1.3; 2014-100, s. 14.8(f); 2015-241, s. 14.30(k1), (r1), (v), (x); repealed by 2019-32, s. 1(a), effective July 1, 2019.
Editor’s Note.
Former G.S. 143B-135.248 pertained to clean water management trust fund: advisory council.
Session Laws 2019-32, s. 7, provides: “This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities.”
Part 42. Nature Preserves Act.
§ 143B-135.250. Short title.
This Part shall be known as the Nature Preserves Act.
History. 1985, c. 216, s. 1; 2015-241, s. 14.30(k2), (r2).
Cross References.
As to the Coastal Reserve Program, see G.S. 113A-129.2 .
Oregon Inlet State Park and Outer Banks Transportation Corridor.
Session Laws 2014-100, s. 14.7(a)-(h), authorizes the initiation of negotiations by the Department of Administration with the appropriate federal authority for the acquisition of certain federally owned property for the creation of Oregon Inlet State Park. If the subject real property is acquired by the State, then, together with any other real property owned by the State within the subject area, the Department of Environment and Natural Resources is authorized to add Oregon Inlet State Park to the State Parks System. The provisions of Session Laws 2014-100, s. 14.7(a)-(h), further provides for the condemnation authority necessary to manage existing and future transportation corridors on the Outer Banks, and for the identification of federally owned property necessary to construct or manage existing and future transportation corridors on the Outer Banks.
Editor’s Note.
Former Article 9A of Chapter 113A (G.S. 113A-164.1 to G.S. 113A-164.12 ) was recodified as Part 42 of Article 2 of Chapter 143B (G.S. 143B-135.250 to G.S. 143B-135.272 ) by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015. Where appropriate, historical citations and case annotations from former sections have been added to corresponding sections in new Part 42 as recodified.
Former G.S. 113A-164.1 was recodified as G.S. 143B-135.250 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
Session Laws 2014-100, s. 14.7(m), provides: “Notwithstanding the provisions of Chapter 146 of the General Statutes, Article 9A of Chapter 113A of the General Statutes, or any other provision of law, neither the Governor nor the Council of State shall be required to approve any conveyance, exchange, or condemnation made pursuant to this section. Notwithstanding any other provision of law, consultation with or reporting to the Joint Legislative Commission on Governmental Operations shall not be required prior to the conveyance, exchange, or condemnation, except as set forth in subsection (h) of this section [requiring the Department of Transportation to identify federally owned property that is necessary to construct or to manage existing and future transportation corridors on the Outer Banks].”
Session Laws 2014-100, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2014.’ ”
Session Laws 2014-100, s. 38.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year.”
Session Laws 2014-100, s. 38.7, is a severability clause.
Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: “The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6 :
“(1) The Division of Parks and Recreation.
“(2) The State Parks System, including Mount Mitchell State Park.
“(3) The North Carolina Aquariums Division.
“(4) The North Carolina Zoological Park.
“(5) The North Carolina Museum of Natural Sciences.
“(6) Clean Water Management Trust Fund.
“(7) The Natural Heritage Program, within the Office of Land and Water Stewardship.”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(r2), effective July 1, 2015, substituted “Part” for “Article.”
Legal Periodicals.
For article, “The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation,” see 29 Campbell L. Rev. 535 (2007).
§ 143B-135.252. Declaration of policy and purpose.
- The continued population growth and land development in North Carolina have made it necessary and desirable that areas of natural significance be identified and preserved before they are destroyed. These natural areas are irreplaceable as laboratories for scientific research, as reservoirs of natural materials for uses that may not now be known, as habitats for plant and animal species and biotic communities, as living museums where people may observe natural biotic and environmental systems and the interdependence of all forms of life, and as reminders of the vital dependence of the health of the human community on the health of the other natural communities.
- It is important to the people of North Carolina that they retain the opportunity to maintain contact with these natural communities and environmental systems of the earth and to benefit from the scientific, aesthetic, cultural, and spiritual values they possess. The purpose of this Part is to establish and maintain a State Registry of Natural Heritage Areas and to prescribe methods by which nature preserves may be dedicated for the benefit of present and future citizens of the State.
History. 1985, c. 216, s. 1; 2015-241, s. 14.30(k2).
Editor’s Note.
Former G.S. 113A-164.2 was recodified as G.S. 143B-135.252 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015. At the direction of the Revisor of Statutes, “this Part” was substituted for “this Article” in subsection (b).
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.254. Definitions.
As used in this Part, unless the context requires otherwise:
- “Articles of dedication” means the writing by which any estate, interest, or right in a natural area is formally dedicated as a nature preserve as authorized in G.S. 143B-135.260 .
- “Dedicate” means to transfer to the State an estate, interest, or right in a natural area in any manner authorized in G.S. 143B-135.260 .
- “Natural area” means an area of land, water, or both land and water, whether publicly or privately owned, that (i) retains or has reestablished its natural character, (ii) provides habitat for rare or endangered species of plants or animals, (iii) or has biotic, geological, scenic, or paleontological features of scientific or educational value.
- “Nature preserve” means a natural area that has been dedicated pursuant to G.S. 143B-135.260 .
- “Owner” means any individual, corporation, partnership, trust, or association, and all governmental units except the State, its departments, agencies or institutions.
- “Registration” means an agreement between the Secretary and the owner of a natural area to protect and manage the natural area for its specified natural heritage resource values.
- “Secretary” means the Secretary of Natural and Cultural Resources.
History. 1985, c. 216, s. 1; 1989, c. 727, s. 218(68); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(k2), (r2).
Editor’s Note.
Former G.S. 113A-164.3 was recodified as G.S. 143B-135.254 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015. At the direction of the Revisor of Statutes, “this Part” was substituted for “this Article” in the introductory paragraph.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(r2), effective July 1, 2015, substituted “G.S. 143B-135.260” for “G.S. 113A-164.6” in subdivisions (1), (2) and (4); and substituted “Secretary of Natural and Cultural Resources” for “Secretary of Environment and Natural Resources” in subdivision (7).
§ 143B-135.256. Powers and duties of the Secretary.
The Secretary shall:
- Establish by rule the criteria for selection, registration, and dedication of natural areas and nature preserves.
- Cooperate or contract with any federal, State, or local government agency, private conservation organization, or person in carrying out the purposes of this Part.
- Maintain a Natural Heritage Program to provide assistance in the selection and nomination for registration or dedication of natural areas. The Program shall include classification of natural heritage resources, an inventory of their locations, and a data bank for that information. The Program shall cooperate with the Department of Agriculture and Consumer Services in the selection and nomination of areas that contain habitats for endangered and rare plant species, and shall cooperate with the Wildlife Resources Commission in the selection and nomination of areas that contain habitats for endangered and rare animal species. Information from the natural heritage data bank may be made available to public agencies and private persons for environmental assessment and land management purposes. Use of the inventory data for any purpose inconsistent with the Natural Heritage Program may not be authorized. The Program shall include other functions as may be assigned for registration, dedication, and protection of natural areas and nature preserves.
- Prepare a Natural Heritage Plan that shall govern the Natural Heritage Program in the creation of a system of registered and dedicated natural areas.
- Publish and disseminate information pertaining to natural areas and nature preserves within the State.
- Appoint advisory committees composed of representatives of federal, State, and local governmental agencies, scientific and academic institutions, conservation organizations, and private business, to advise him on the identification, selection, registration, dedication, and protection of natural areas and nature preserves.
- Submit to the Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division a biennial report on or before February 15 of odd-numbered years describing the activities of the past biennium and plans for the coming biennium, and detailing specific recommendations for action that the Secretary deems necessary for the improvement of the Program.
History. 1985, c. 216, s. 1; 1987, c. 827, s. 152; 1997-261, s. 82; 2015-241, s. 14.30(k2), (r2); 2017-57, s. 14.1(mm).
Editor’s Note.
Former G.S. 113A-164.4 was recodified as G.S. 143B-135.256 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015. At the direction of the Revisor of Statutes, “this Part” was substituted for “this Article” in subdivision (2).
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(r2), effective July 1, 2015, in subdivision (7), deleted “on or before February 15, 1987, and” following “biennial report” and deleted “subsequent” preceding “odd-numbered years.”
Session Laws 2017-57, s. 14.1(mm), effective July 1, 2017, substituted “Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division” for “Governor and the General Assembly” in subdivision (7).
§ 143B-135.258. Registration of natural areas.
- The Secretary shall maintain a State Registry of voluntarily protected natural areas to be called the North Carolina Registry of Natural Heritage Areas. Registration of natural areas shall be accomplished through voluntary agreement between the owner of the natural area and the Secretary. State-owned lands may be registered by agreement with the agency to which the land is allocated. Registration agreements may be terminated by either party at any time, and termination removes the area from the Registry.
- A natural area shall be registered when an agreement to protect and manage the natural area for its specified natural heritage resource value has been signed by the owner and the Secretary. The owner of a registered natural area shall be given a certificate signifying the inclusion of the area in the Registry.
History. 1985, c. 216, s. 1; 2015-241, s. 14.30(k2).
Editor’s Note.
Former G.S. 113A-164.5 was recodified as G.S. 143B-135.258 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.260. Dedication of nature preserves.
- The State may accept the dedication of nature preserves on lands deemed by the Secretary to qualify as outstanding natural areas. Nature preserves may be dedicated by voluntary act of the owner. The owner of a qualified natural area may transfer fee simple title or other interest in land to the State. Nature preserves may be acquired by gift, grant, or purchase. Dedication of a preserve shall become effective only upon acceptance of the articles of dedication by the State. Articles of dedication shall be recorded in the office of the register of deeds in the county or counties in which the natural area is located.
-
Articles of dedication may include any of the following:
- Restrictions and other provisions relating to management, use, development, transfer, and public access, and any other restrictions and provisions as may be necessary or advisable to further the purposes of this Part.
- Definitions, consistent with the purposes of this Part, of the respective rights and duties of the owner and of the State and procedures to be followed in case of violation of restrictions.
- The recognition and creation of reversionary rights, transfers upon conditions or with limitations, and gifts over.
- Varying provisions from one nature preserve to another in accordance with differences in the characteristics and conditions of the several areas.
- Subject to the approval of the Governor and Council of State, the State may enter into amendments of any articles of dedication upon finding that the amendment will not permit an impairment, disturbance, use, or development of the area inconsistent with the purposes of this Part. If the fee simple estate in the nature preserve is not held by the State under this Part, no amendment may be made without the written consent of the owner of the other interests therein.
History. 1985, c. 216, s. 1; 2015-241, s. 14.30(k2), (r2).
Editor’s Note.
Former G.S. 113A-164.6 was recodified as G.S. 143B-135.260 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(r2), effective July 1, 2015, rewrote subsection (b); and substituted “this Part” for “this Article” twice in subsection (c).
§ 143B-135.262. Nature preserves held in trust.
Lands dedicated for nature preserves pursuant to this Part are held in trust by the State for those uses and purposes expressed in this Part for the benefit of the people of North Carolina. These lands shall be managed and protected according to regulations adopted by the Secretary. Lands dedicated as a nature preserve pursuant to G.S. 143B-135.260 may not be used for any purpose inconsistent with the provisions of this Part, or disposed of, by the State without a finding by the Governor and Council of State that the other use or disposition is in the best interest of the State.
History. 1985, c. 216, s. 1; 2015-241, s. 14.30(k2), (r2).
Editor’s Note.
Former G.S. 113A-164.7 was recodified as G.S. 143B-135.262 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(r2), effective July 1, 2015, substituted “this Part” for “this Article” througout and substituted “G.S. 143B-135.260” for “G.S. 113A-164.6.”
§ 143B-135.264. Dedication of state-owned lands to nature preserves; procedures.
Subject to the approval of the Governor and Council of State, state-owned lands may be dedicated as a nature preserve. State-owned lands shall be dedicated by allocation pursuant to the provisions of G.S. 143-341(4) g. Lands dedicated pursuant to this section may be removed from dedication upon the approval of the Governor and Council of State.
History. 1985, c. 216, s. 1; 2015-241, s. 14.30(k2).
Editor’s Note.
Former G.S. 113A-164.8 was recodified as G.S. 143B-135.264 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.266. Dedication of preserves by local governmental units.
All local units of government may dedicate lands as nature preserves by transfer of fee simple title or other interest in land to the State.
History. 1985, c. 216, s. 1; 2015-241, s. 14.30(k2).
Editor’s Note.
Former G.S. 113A-164.9 was recodified as G.S. 143B-135.266 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.268. Acquisition of land by State.
All acquisitions or dispositions of an interest in land by the State pursuant to this Part shall be subject to the provisions of Chapter 146 of the General Statutes.
History. 1985, c. 216, s. 1; 2015-241, s. 14.30(k2), (r2).
Editor’s Note.
Former G.S. 113A-164.10 was recodified as G.S. 143B-135.268 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(r2), effective July 1, 2015, substituted “this Part” for “this Article.”
§ 143B-135.270. Assessment of land subject to permanent dedication agreement.
For purposes of taxation, privately owned land subject to a nature preserve dedication agreement shall be assessed on the basis of the true value of the land less any reduction in value caused by the agreement.
History. 1985, c. 216, s. 1; 2015-241, s. 14.30(k2).
Editor’s Note.
Former G.S. 113A-164.11 was recodified as G.S. 143B-135.270 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-135.272. Access to information; fees.
-
The Secretary may establish fees to defray the costs associated with any of the following:
- Responding to inquiries requiring customized environmental review services or the costs associated with developing, improving, or maintaining technology that supports an online interface for external users to access Natural Heritage Program data. The Secretary may reduce or waive the fee established under this subsection if the Secretary determines that a waiver or reduction of the fee is in the public interest.
- Any activity authorized under G.S. 143B-135.234(10), including an inventory of natural areas conducted under the Natural Heritage Program, conservation and protection planning, and informational programs for owners of natural areas, as defined in G.S. 143B-135.254 .
- Fees collected under this section are receipts of the Department of Natural and Cultural Resources and shall be deposited in the special fund for the purpose of supporting the operations of the Natural Heritage Program.
History. 2014-100, s. 14.13A(a); 2015-241, s. 14.30(k2), (r2); 2020-78, s. 8.3(a).
Editor’s Note.
Former G.S. 113A-164.12 was recodified as G.S. 143B-135.272 by Session Laws 2015-241, s. 14.30(k2), effective July 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Session Laws 2020-78, s. 22.1, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium.”
Session Laws 2020-78, s. 22.3, is a severability clause.
Effect of Amendments.
Session Laws 2015-241, s. 14.30(r2), effective July 1, 2015, in subdivision (a)(2), substituted “G.S. 143B-135.234(10)” for “G.S. 113A-253(8c)” and substituted “G.S. 143B-135.254” for “G.S. 113A-164.3”; and substituted “Department of Natural and Cultural Resources” for “Department of Environment and Natural Resources” in subsection (b).
Session Laws 2020-78, s. 8.3(a), effective July 1, 2020, substituted “special fund” for “Clean Water Management Trust Fund” in subsection (b).
§ 143B-135.273. Administration of the Conservation Tax Credit program.
All duties and responsibilities related to stewardship and oversight of properties and interests for which tax credits were granted under the Conservation Tax Credit program for tax years beginning before January 1, 2014, and previously given to the Department of Environmental Quality or its predecessors are transferred to the Department of Natural and Cultural Resources. The Department of Natural and Cultural Resources shall exercise the duties and responsibilities transferred by this section through the Natural Heritage Program.
History. 2020-78, s. 8.3(b).
Editor’s Note.
Session Laws 2020-78, s. 22.1, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium.”
Session Laws 2020-78, s. 22.3, is a severability clause.
Session Laws 2020-78, s. 22.4 made this section effective July 1, 2020.
Article 3. Department of Health and Human Services.
Part 1. General Provisions.
§ 143B-136. [Repealed]
Repealed by Session Laws 1997-443, s. 11A.2.
§ 143B-136.1. Department of Health and Human Services — creation.
There is created a department to be known as the “Department of Health and Human Services,” with the organization, duties, functions, and powers defined in this Article and other applicable provisions of law.
History. 1997-443, s. 11A.3.
Transfer of Health Services.
Session Laws 1997-443, s. 11A.120, provides that references in the Session Laws to any department, division, or other agency that is transferred by Part XIA of the act shall be considered to refer to the successor department, division, or other agency. Every Session Law that refers to any department, division, or other agency to which that Part applies that relates to any power, duty, function, or obligation of any department, division, or agency and that continues in effect after that Part shall be construed so as to be consistent with that Part.
Session Laws 1997-443, s. 11A.124, provides all statutory authority, powers, duties, functions, records, personnel, property, and unexpended balances of appropriations or other funds of any agency which are transferred pursuant to this Part shall be transferred in their entirety.
Session Laws 1997-443, s. 11A.125, provides unless specifically provided to the contrary or unless a contrary intent is clear from the context, any official designation of any agency transferred by this Part as the State agency for any function, including specifically purposes of federal programs, shall be considered to be a designation of the successor agency.
Session Laws 1997-443, s. 11A.126, provides no later than 30 days after the effective date of this part, the Department of Health and Human Services and the Department of Environment and Natural Resources shall enter into a Memorandum of Agreement that provides for coordination between the departments as to any functions shared by the departments as a result of the passage of this Part. This Memorandum shall require that the Department of Environment and Natural Resources provide staff to the Commission for Health Services [now the Commission for Public Health] for the Commission’s duties under Articles 8, 9, 10, and 12 of Chapter 130A of the General Statutes. Until a Memorandum of Agreement has been entered into by the departments, the Department of Health and Human Services shall provide all clerical and other services required by the Commission for Health Services [now the Commission for Public Health].
Session Laws 1997-443, s. 11A.130, provides in part that Part XIA of that act becomes effective when the act becomes law (August 28, 1997).
Session Laws 2001-424, ss. 21.6(a) to (d), as amended by Session Laws 2001-513, s. 20, and by Session Laws 2002-126, s. 10.6, provides: “(a) Of the funds appropriated in this act [Session Laws 2001-424] to the Department of Health and Human Services, the sum of two hundred thousand dollars ($200,000) for the 2001-2002 fiscal year shall be used to initiate the development of a system to assist eligible individuals in obtaining prescription drugs at no cost through pharmaceutical company programs. The system will be designed to minimize the efforts of patients and their health care providers in securing needed drugs. The required patient and health care provider data will be maintained and orders tracked in order to initiate timely reorders of needed drugs to assure continuity of medication intake. The Department may contract with a private nonprofit organization to assist in the development of the system as provided under this section.
“(b) The development of the system shall be jointly managed by the Office of Research, Demonstrations and Rural Health Development and the Office of Pharmacy Services, Division of Public Health.
“(c) The Department shall work with pharmaceutical companies in obtaining access to company applications for assistance and making those applications available to the general public. The Department shall ensure that pharmaceutical company programs are registered with the Department and shall obtain the application forms of each pharmaceutical program.
“(d) The Department shall report on the implementation of this section [s. 21.6 of Session Laws 2001-424] on January 1, 2002, April 1, 2002, and October 1, 2002, to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division.”
Session Laws 2001-424, s. 21.19(q), as amended by Session Laws 2002-126, s. 10.11(a), provides: “The Department of Health and Human Services shall submit a quarterly status report on expenditures for acute care and long-term care services to the Fiscal Research Division and to the Office of State Budget and Management. This report shall include an analysis of budgeted versus actual expenditures for eligibles by category and for long-term care beds. In addition, the Department shall revise the program’s projected spending for the current fiscal year and the estimated spending for the subsequent fiscal year on a quarterly basis. The quarterly expenditure report and the revised forecast shall be forwarded to the Fiscal Research Division and to the Office of State Budget and Management no later than the third Thursday of the month following the end of each quarter.”
Session Laws 2001-424, ss. 21.80(b) to (f), provide: “(b) The Division of Early Intervention and Education is dissolved and an Office of Education Services [subsequently dissolved by Session Laws 2010-31, s. 10.21A(a)] is created within the Department of Health and Human Services. The purpose of this office is to manage the Schools for the Deaf, the Governor Morehead School for the Blind, and their preschool components. The Office shall have a Superintendent and appropriate staff to manage these schools. The purpose of the Office is to improve student academic and postsecondary outcomes and to strengthen collaborative relationships with local education agencies and with the State Board of Education.
“(c) The Early Intervention program, including all positions and the corresponding State appropriations, federal funds, and other funds that were in the Early Intervention program as of January 1, 2001, are transferred from the Division of Early Intervention and Education to the Division of Public Health, Women’s and Children’s Health Section.
“(d) The Developmental Evaluation Centers, including all positions and the corresponding State appropriations, federal funds, and other funds, are transferred from the Division of Early Intervention and Education to the Division of Public Health, Women’s and Children’s Health Section.
“(e) The Governor Morehead School preschool program, including all positions and the corresponding State appropriations, federal funds, and other funds, is transferred from the Division of Early Intervention and Education to the Governor Morehead School.
“(f) The Department of Health and Human Services shall make the necessary organization changes effective immediately and the budget adjustments by October 1, 2001.”
Session Laws 2009-451, s. 10.26(a)-(j), provides: “(a) The Department of Health and Human Services (DHHS) shall develop a five-year Public Health Improvement Plan (Plan) by March 31, 2010. In developing the Plan the Secretary shall:
“(1) Adopt a list of services and activities performed by local health departments that qualify as core public health functions of statewide significance.
“(2) Adopt a list of performance measures with the intent of improving health status indicators applicable to core public health functions of statewide significance that local health departments (LHDs) must provide.
“(3) Identify a set of health status indicators to be given priority by LHDs.
“Under the Plan, all priorities and health status indicators must incorporate as an essential activity the disparity of diseases amongst populations and locales.
“(b) In order for measurable benefits to be realized through the implementation of the Plan, the Plan shall include the adoption of levels of performance necessary to promote:
“(1) Uniformity across local health departments,
“(2) Best evidence-based services,
“(3) National standards of performance,
“(4) Innovations in public health practice, and
“(5) Reduction of geographic and racial health disparities.
“LHDs shall have the flexibility and opportunity to use the resources available to achieve the required performance measures in a manner that best suits the LHD.
“(c) The Plan will address the need to provide county health departments with financial incentives to encourage and increase local investment in public health functions. County governments shall not supplant existing local funding with State incentive resources. The Secretary may revise the list of activities and performance measures as appropriate, but before doing so, the Secretary shall provide a written explanation of the rationale for the addition, deletion, or revision.
“(d) In developing the Plan the Secretary shall establish and chair the Public Health Improvement Plan Task Force (Task Force), the members and expertise of which shall include:
“(1) Local health departments,
“(2) Department staff,
“(3) Individuals and entities with expertise in the development of performance measures, accountability, and systems management,
“(4) Experts in development of evidence-based medical guidelines or public health practice guidelines, and
“(5) Individuals and entities that will be affected by the performance measures.
“(e) The implementation schedule for the Plan shall be as follows:
“(1) July 1, 2009, establish the Task Force to develop the Plan,
“(2) March 31, 2010, submit the Plan to the 2010 Regular Session of the 2009 General Assembly,
“(3) July 1, 2010, implement the Plan, and
“(4) November 15, 2011, and annually thereafter, report on Plan implementation.
“(f) The Department will identify the programmatic activities and funding in the Division of Public Health associated with the core functions and activities in the Plan. Funds associated with these activities shall be subject to a flexible spending formula adopted by the Department, as follows:
“(1) Beginning in SFY 2010-2011, the flexible spending formula will begin to replace the current spending with a more effective method of funding public health activities at the local level and achieving the results expected.
“(2) The Task Force shall identify a reliable and consistent source of State revenue to fund the flexible spending formula.
“(3) If sufficient additional revenue is available to implement the Plan, a separate set-aside of available funds would be created. This set-aside would be available to contiguous LHDs that seek to address a specific women’s health, child health, or adult health disease or chronic condition, and in doing so, choose to merge into a single Local Health District, thus saving administrative dollars to be focused on public health issues.
“(g) Funds appropriated to the Department for flexible spending shall be distributed to county health departments as follows:
“(1) Each of the county health departments will receive a base amount to be determined by the DHHS.
“(2) The balance of funds in the Flexible Spending Account is to be distributed to the counties on the basis of a formula that takes into consideration the following elements:
“a. Population,
“b. Per capita income,
“c. Rates of:
“1. Infant mortality,
“2. Teenage pregnancy,
“3. Tobacco use,
“4. Cancer,
“5. Heart disease,
“6. Diabetes, and
“7. Stroke.
“d. Percent of minorities in the county,
“e. Body Mass Index (BMI) of public school students, and
“f. Other factors as the Secretary may find necessary to achieve the goals of the Plan.
“(3) The use of the funds by the LHD would reflect the core public health functions. It will be incumbent upon the LHD to use the funds in a manner that assures its achievement of the performance measures adopted by the Secretary.
“(h) To ensure compliance with Department directives, the Task Force shall consider requiring each county health department to submit to the Secretary such data as the Secretary determines is necessary to allow the Secretary to assess whether the county health department has used the funds in a manner consistent with achieving the performance measures associated with this Plan.
“(i) Beginning November 15, 2011, and biannually thereafter, the Secretary shall report to the Governor and the General Assembly on:
“(1) The distribution of funds to LHDs,
“(2) The use of these funds by LHDs,
“(3) The specific effect the funding from this Plan has had on:
“a. LHDs’ performance,
“b. Health status indicators, and
“c. Health disparities.
“The Secretary’s initial report will focus on implementation. Subsequent reports will evaluate trends in performance and expenditures.”
Session Laws 2015-241, s. 31.10(a), (b), provides: “(a) The Department of Health and Human Services, in consultation with the Department of Administration, shall develop a plan for relocating the administrative personnel and resources of the Department of Health and Human Services that are located on the Dorothea Dix campus and on other property leased or owned by the State in the Greater Triangle area (consisting of Durham, Orange, Johnston, and Wake Counties) to one site available to the State. The plan shall not provide for the relocation of personnel and resources whose primary responsibilities include the provision of services directly to the public in the Greater Triangle area. The Department shall report the plan to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by the earlier of October 1, 2016, or six months prior to the date on which the Department is required to move some or all of its personnel and resources from the Dorothea Dix campus under the terms of an agreement between the State and the City of Raleigh. The plan required by this section shall include at least all of the following information:
“(1) The location to which the personnel and resources of the Department of Health and Human Services will be relocated.
“(2) The square footage needed in order to accommodate the relocation.
“(3) A statement of anticipated costs or benefits associated with the relocation.
“(4) A schedule for implementation of the relocation plan.
“(5) Identification of any potential obstacles to the relocation plan.
“(6) Options for financing the relocation plan developed in conjunction with the State Treasurer and the State Controller.
“(b) Notwithstanding any other provision of law, neither the Department of Health and Human Services nor the Department of Administration shall enter into any lease or other agreement to move the personnel or resources of the Department of Health and Human Services that currently reside on the Dorothea Dix campus or on other property leased or owned by the State in the Greater Triangle area to another site until specifically authorized to do so by the General Assembly.”
Editor’s Note.
Session Laws 1997-443, s. 35.2, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1997-99 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1997-99 fiscal biennium.”
Session Laws 2001-424, s. 1.2, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Acts of 2001’ .”
Session Laws 2001-424, s. 36.3, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium.”
Session Laws 2001-424, s. 36.5, is a severability clause.
Session Laws 2004-124, s. 10.28B.(a)-(g), provides: “(a) The Department of Health and Human Services shall expand the pilot accreditation process for local health departments to include additional counties.
“(b) The Pilot Accreditation Advisory Board (hereafter ‘Advisory Board’) is established within the North Carolina Institute for Public Health. The Advisory Board shall be composed of 15 members appointed by the Secretary of Health and Human Services as follows:
“(1) Four shall be county commissioners recommended by the North Carolina Association of County Commissioners, and four shall be members of a local board of health as recommended by the North Carolina Association of Local Boards of Health.
“(2) Two local health directors.
“(3) One staff member from the Department of Health and Human Services, Division of Public Health.
“(4) Three members at large.
“(5) One recommended by the Secretary of Environment and Natural Resources, from the Division of Environmental Health [Division of Water Resources].
“(c) Members of the Advisory Board who are not officers or employees of the State shall receive reimbursement for travel and subsistence expenses at the rates specified in G.S. 138-5 . Members of the Advisory Board who are officers or employees of the State shall receive reimbursement for travel and subsistence at the rate set out in G.S. 138-6 .
“(d) The Advisory Board shall evaluate the Department’s pilot accreditation process for local health departments, including the following:
“(1) The standards by which the pilot local health departments are judged.
“(2) The self-assessment process used by the pilot counties.
“(3) The process for local site reviews and appeals.
“(4) The makeup of the proposed State accrediting entity and its relationship to the Department.
“(5) The cost of meeting the accreditation standards in the pilot counties.
“(e) Of the funds appropriated in this act to the Department of Health and Human Services the sum of fifty thousand dollars ($50,000) for the 2004-2005 fiscal year shall be allocated for administrative costs and for activities of the Pilot Accreditation Advisory Board for the accreditation of additional local health departments. The Department shall contract with the Institute for Public Health, which shall be responsible for implementation of the pilot accreditation process.
“(f) Not later than April 1, 2005, the Pilot Accreditation Advisory Board shall report its findings to the Director of the Institute for Public Health, the Secretary of the Department of Health and Human Services, and the cochairs of the House and Senate Appropriations Committees for Health and Human Services.
“(g) The North Carolina Public Health Task Force 2004 shall continue its work on the Public Health Improvement Plan and in its final report to the General Assembly shall include comparisons of the recommendations of the Task Force with the Model State Public Health Act, Public Health Statute Modernization National Excellence Collaborative, September 2003.”
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium.”
Session Laws 2015-241, s. 33.6, is a severability clause.
§ 143B-137. [Repealed]
Repealed by Session Laws 1997-443, s. 11A.2.
§ 143B-137.1. Department of Health and Human Services — duties.
It shall be the duty of the Department to provide the necessary management, development of policy, and establishment and enforcement of standards for the provisions of services in the fields of public and mental health and rehabilitation with the intent to assist all citizens — as individuals, families, and communities — to achieve and maintain an adequate level of health, social and economic well-being, and dignity. Whenever possible, the Department shall emphasize preventive measures to avoid or to reduce the need for costly emergency treatments that often result from lack of forethought. The Department shall establish priorities to eliminate those excessive expenses incurred by the State for lack of adequate funding or careful planning of preventive measures.
History. 1997-443, s. 11A.3.
Cross References.
As to establishment of a Spay/Neuter Program in the Department of Health and Human Services, see G.S. 19A-60 et seq.
As to report by the Division of Social Services on the activities of the State Child Fatality Review Team, see G.S. 143B-150.20(h).
Ruth M. Easterling Trust Fund for Children with Special Needs.
Session Laws 2002-126, s. 6.13, provides: “Whereas, Representative Ruth M. Easterling has served as an advocate for the children of the State for over 25 years as a member of the General Assembly, there is established the ‘Ruth M. Easterling Trust Fund for Children With Special Needs’. The purpose of the Trust Fund is to fund services for children with special needs that are not currently provided with State funds. The Trust Fund shall be used to:
“(1) Provide respite services for adoptive children, for children in foster care, and for other children with special needs at risk of out-of-home placement.
“(2) Pay for special services to, and special equipment for, children with special needs when there is no other source for payment, including, but not limited to, surgical repair of congenital anomalies and the purchase of mobility equipment.
“(3) Provide training to parents and caregivers in the unique care needs of children with special needs.
“The Secretary of Health and Human Services shall adopt rules to implement this section. By March 1, 2003, the Secretary shall report to the Chairs of the House of Representatives Appropriations Subcommittee on Health and Human Services and the Senate Appropriations Committee on Health and Human Services on the use of the Trust Fund.”
Session Laws 2007-323, s. 10.40F(a)-(c), provides: “(a) The Department of Health and Human Services, Division of Medical Assistance, shall evaluate and establish a pilot program in at least two but not more than four regions of the State to offer nursing facility certifiable (NFC) dual eligible Medicaid recipients services through a Special Needs Plan (SNP). The SNP will work with the Department’s Community Care Networks. The SNP must be currently licensed in the State, have expertise in managing NFC dually eligible Medicaid recipients, have expertise or a relationship with experts in geriatrics and be capable and willing to work directly with Community Care North Carolina (CCNC). The SNP must also have no citations or ongoing investigations from the State, the Centers for Medicaid and Medicare Services, or other regulatory agency.
“(b) In establishing the pilot program, the Department shall select up to four regions (county clusters) based on the number of NFC dual eligible Medicaid recipients, number of skilled nursing facilities, and other factors. These regions and their respective CCNC will work with the SNP to promote enhanced care, greater efficiency, and cost savings.
“(c) The Department shall report on the evaluation, selection, and implementation of the pilot program to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division not later than May 1, 2008. The Department shall include in its report information on increased primary care visits, hospital admission and readmission rates, mortality rates, results of pharmacy management, measurable quality outcomes, and associated cost savings for NFC managed through this pilot. The Department shall also include in its report the feasibility of expansion of the pilot to other regions of the State or expansion into the assisted living and home-based populations.”
Session Laws 2009-451, s. 10.27(c), provides: “Beginning October 1, 2009, the Department of Health and Human Services shall provide quarterly written reports on the status of HIT efforts to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division. The report shall include the following:
“(1) Current status of federal HIT initiatives.
“(2) Current status of State HIT efforts and initiatives among both public and private entities.
“(3) A breakdown of current public and private funding sources and dollar amounts for State HIT initiatives.
“(4) Department efforts to coordinate HIT initiatives within the State and any obstacles or impediments to coordination.
“(5) HIT research efforts being conducted within the State and sources of funding for research efforts.
“(6) Opportunities for stakeholders to participate in HIT funding and other efforts and initiatives during the next quarter.
“(7) Issues associated with the implementation of HIT in North Carolina and recommended solutions to these issues.”
Session Laws 2011-145, s. 10.24(a)-(c), as amended by Session Laws 2013-360, s. 12A.3(c), provides: “(a) The Department of Health and Human Services, in cooperation with the State Chief Information Officer, shall coordinate health information technology (HIT) policies and programs within the State of North Carolina. The Department’s goal in coordinating State HIT policy and programs shall be to avoid duplication of efforts and to ensure that each State agency, public entity, and private entity that undertakes health information technology activities does so within the area of its greatest expertise and technical capability and in a manner that supports coordinated State and national goals, which shall include at least all of the following:
“(1) Ensuring that patient health information is secure and protected, in accordance with applicable law.
“(2) Improving health care quality, reducing medical errors, reducing health disparities, and advancing the delivery of patient-centered medical care.
“(3) Providing appropriate information to guide medical decisions at the time and place of care.
“(4) Ensuring meaningful public input into HIT infrastructure development.
“(5) Improving the coordination of information among hospitals, laboratories, physicians’ offices, and other entities through an effective infrastructure for the secure and authorized exchange of health care information.
“(6) Improving public health services and facilitating early identification and rapid response to public health threats and emergencies, including bioterrorist events and infectious disease outbreaks.
“(7) Facilitating health and clinical research.
“(8) Promoting early detection, prevention, and management of chronic diseases.
“(b) The Department of Health and Human Services shall establish and direct a HIT management structure that is efficient and transparent and that is compatible with the Office of the National Health Coordinator for Information Technology (National Coordinator) governance mechanism. The HIT management structure shall be responsible for all of the following:
“(1) Developing a State plan for implementing and ensuring compliance with national HIT standards and for the most efficient, effective, and widespread adoption of HIT.
“(2) Ensuring that (i) specific populations are effectively integrated into the State plan, including aging populations, populations requiring mental health services, and populations utilizing the public health system; and (ii) unserved and underserved populations receive priority consideration for HIT support.
“(3) Identifying all HIT stakeholders and soliciting feedback and participation from each stakeholder in the development of the State plan.
“(4) Ensuring that existing HIT capabilities are considered and incorporated into the State plan.
“(5) Identifying and eliminating conflicting HIT efforts where necessary.
“(6) Identifying available resources for the implementation, operation, and maintenance of health information technology, including identifying resources and available opportunities for North Carolina institutions of higher education.
“(7) Ensuring that potential State plan participants are aware of HIT policies and programs and the opportunity for improved health information technology.
“(8) Monitoring HIT efforts and initiatives in other states and replicating successful efforts and initiatives in North Carolina.
“(9) Monitoring the development of the National Coordinator’s strategic plan and ensuring that all stakeholders are aware of and in compliance with its requirements.
“(10) Monitoring the progress and recommendations of the HIT Policy and Standards Committee and ensuring that all stakeholders remain informed of the Committee’s recommendations.
“(11) Monitoring all studies and reports provided to the United States Congress and reporting to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the impact of report recommendations on State efforts to implement coordinated HIT.
“(c) By no later than January 15, 2015, the Department of Health and Human Services shall provide a written report on the status of HIT efforts to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division. The report shall be comprehensive and shall include all of the following:
“(1) Current status of federal HIT initiatives.
“(2) Current status of State HIT efforts and initiatives among both public and private entities.
“(3) A breakdown of current public and private funding sources and dollar amounts for State HIT initiatives.
“(4) Department efforts to coordinate HIT initiatives within the State and any obstacles or impediments to coordination.
“(5) HIT research efforts being conducted within the State and sources of funding for research efforts.
“(6) Opportunities for stakeholders to participate in HIT funding and other efforts and initiatives during the next quarter.
“(7) Issues associated with the implementation of HIT in North Carolina and recommended solutions to these issues.”
Session Laws 2013-360, s. 12A.3(a), (b), provides: “(a) The Department of Health and Human Services, in cooperation with the State Chief Information Officer, shall coordinate health information technology (HIT) policies and programs within the State of North Carolina. The Department’s goal in coordinating State HIT policy and programs shall be to avoid duplication of efforts and to ensure that each State agency, public entity, and private entity that undertakes health information technology activities does so within the area of its greatest expertise and technical capability and in a manner that supports coordinated State and national goals, which shall include at least all of the following:
“(1) Ensuring that patient health information is secure and protected, in accordance with applicable law.
“(2) Improving health care quality, reducing medical errors, reducing health disparities, and advancing the delivery of patient-centered medical care.
“(3) Providing appropriate information to guide medical decisions at the time and place of care.
“(4) Ensuring meaningful public input into HIT infrastructure development.
“(5) Improving the coordination of information among hospitals, laboratories, physicians’ offices, and other entities through an effective infrastructure for the secure and authorized exchange of health care information.
“(6) Improving public health services and facilitating early identification and rapid response to public health threats and emergencies, including bioterrorist events and infectious disease outbreaks.
“(7) Facilitating health and clinical research.
“(8) Promoting early detection, prevention, and management of chronic diseases.
“(b) The Department of Health and Human Services shall establish and direct an HIT management structure that is efficient and transparent and that is compatible with the Office of the National Health Coordinator for Information Technology (National Coordinator) governance mechanism. The HIT management structure shall be responsible for all of the following:
“(1) Developing a State plan for implementing and ensuring compliance with national HIT standards and for the most efficient, effective, and widespread adoption of HIT.
“(2) Ensuring that (i) specific populations are effectively integrated into the State plan, including aging populations, populations requiring mental health services, and populations utilizing the public health system, and (ii) unserved and underserved populations receive priority consideration for HIT support.
“(3) Identifying all HIT stakeholders and soliciting feedback and participation from each stakeholder in the development of the State plan.
“(4) Ensuring that existing HIT capabilities are considered and incorporated into the State plan.
“(5) Identifying and eliminating conflicting HIT efforts where necessary.
“(6) Identifying available resources for the implementation, operation, and maintenance of health information technology, including identifying resources and available opportunities for North Carolina institutions of higher education.
“(7) Ensuring that potential State plan participants are aware of HIT policies and programs and the opportunity for improved health information technology.
“(8) Monitoring HIT efforts and initiatives in other states and replicating successful efforts and initiatives in North Carolina.
“(9) Monitoring the development of the National Coordinator’s strategic plan and ensuring that all stakeholders are aware of and in compliance with its requirements.
“(10) Monitoring the progress and recommendations of the HIT Policy and Standards Committee and ensuring that all stakeholders remain informed of the Committee’s recommendations.
“(11) Monitoring all studies and reports provided to the United States Congress and reporting to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the impact of report recommendations on State efforts to implement coordinated HIT.”
Session Laws 2016-94, s. 12C.3, provides: “(a) The Department of Health and Human Services, Division of Social Services (Division), shall establish an evidence-based pilot program to increase access to public benefits for seniors aged 65 and older who are dually enrolled in Medicare and Medicaid to (i) improve the health and independence of seniors and (ii) reduce health care costs. On or before January 1, 2017, the Division shall partner with a not-for-profit firm for the purposes of engaging in a data-driven campaign to help seniors aged 65 and older who are dually enrolled in Medicare and Medicaid meet their basic social needs. The not-for-profit firm shall have demonstrated experience in assisting with these types of services and the partnership shall accomplish each of the following:
“(1) Identify through data sharing, dual eligible seniors aged 65 and older who qualify for the Supplemental Nutrition and Assistance Program (SNAP) but are not currently enrolled.
“(2) Conduct an outreach program towards those seniors for the purpose of enrolling them into SNAP.
“(3) Provide comprehensive application assistance through outreach specialists to complete public benefits application processes.
“(4) Evaluate project effectiveness and explore how data can be utilized to achieve optimal outcomes.
“(5) Make recommendations regarding policy options available to the State to streamline access to benefits.
“(b) The Division of Social Services shall report to the Office of the Governor and the Joint Legislative Oversight Committee on Health and Human Services on its progress in the pilot program by February 1 following each year the pilot program is in place. The report shall, at a minimum, include the following:
“(1) The number of seniors age 65 and older who are dual eligibles but are not enrolled in SNAP.
“(2) The number of those identified that would be included in the sample population.
“(3) Methods of outreach toward those seniors in the sample population.
“(4) Number of to date enrollments in SNAP as a direct result of outreach during the pilot program.
“(5) Participation rate to date in SNAP of those seniors in the sample population.
“(6) Any other findings the Division deems relevant.
“(c) If funding and capacity exist, the Division of Social Services may expand the pilot program to include other public benefits programs.”
Session Laws 2017-57, s. 11C.8(a)-(c), provides: “(a) The Department of Health and Human Services, Division of Social Services (Division), shall continue implementing an evidence-based pilot program to increase access to public benefits for seniors aged 65 and older who are dually enrolled in Medicare and Medicaid to (i) improve the health and independence of seniors and (ii) reduce health care costs. The Division shall continue to partner with a not-for-profit firm for the purposes of engaging in a data-driven campaign to help seniors aged 65 and older who are dually enrolled in Medicare and Medicaid meet their basic social needs. The not-for-profit firm shall have demonstrated experience in assisting with these types of services and the partnership shall accomplish each of the following:
“(1) Identify, through data sharing, dual eligible seniors aged 65 and older who qualify for the Supplemental Nutrition and Assistance Program (SNAP) but are not currently enrolled.
“(2) Conduct an outreach program toward those seniors for the purpose of enrolling them into SNAP.
“(3) Provide comprehensive application assistance through outreach specialists to complete public benefits application processes.
“(4) Evaluate project effectiveness and explore how data can be utilized to achieve optimal outcomes.
“(5) Make recommendations regarding policy options available to the State to streamline access to benefits.
“(b) The Division shall report to the Office of the Governor and the Joint Legislative Oversight Committee on Health and Human Services on its progress in the pilot program by February 1 following each year the pilot program is in place. The report shall, at a minimum, include the following:
“(1) The number of seniors age 65 and older who are dual eligibles but are not enrolled in SNAP.
“(2) The number of those identified that would be included in the sample population.
“(3) Methods of outreach toward those seniors in the sample population.
“(4) Number of to date enrollments in SNAP as a direct result of outreach during the pilot program.
“(5) Participation rate to date in SNAP of those seniors in the sample population.
“(6) Any other findings the Division deems relevant.
“(c) Any nonrecurring funds remaining in the 2016-2017 fiscal year from implementation of the pilot program under this section shall not revert, but shall remain available for continued implementation of the pilot program, along with any private or nonprofit funding provided to the Division for use in the pilot program. If funding and capacity exist, the Division of Social Services may expand the pilot program to include other public benefits programs.”
Editor’s Note.
For the creation of the Office of Education Services, see Editor’s note at G.S. 143B-136.1 under the heading of “Division of Early Intervention and Education.”
Session Laws 2002-126, s. 1.2, provides: “This act shall be known as ‘The Current Operations, Capital Improvements, and Finance Act of 2002’.”
Session Laws 2002-126, s. 31.3, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2002-2003 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2002-2003 fiscal year. For example, uncodified provisions of this act relating to the Medicaid program apply only to the 2002-2003 fiscal year.”
Session Laws 2002-126, s. 31.6, is a severability clause.
Session Laws 2006-194, s. 2, as amended by Session Laws 2007-125, s. 1, provides: “Beginning January 1, 2007, and for a period of two years thereafter, the Department of Health and Human Services shall not issue any licenses for new home care agencies that intend to offer in-home aide services. This shall not restrict the Department from issuing licenses to certified home health agencies that intend to offer in-home aide services or to agencies that need a new license for an existing home care agency being acquired. This will allow the Department more time to work with existing home care agencies to assure compliance with the newly adopted home care rules.”
Session Laws 2007-107, s. 4.2(a), provides: “(a) The Department of Crime Control and Public Safety [Department of Public Safety] and the Department of Health and Human Services shall jointly identify and evaluate sources of permanent funding for State Medical Assistance Teams in light of the uncertain future availability of federal and local funding. The Department shall jointly report its findings and recommendations, including any legislative proposals, to the Fiscal Research Division on or before 1 January 2008.”
Session Laws 2007-323, s. 1.2, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2007’.”
Session Laws 2007-323, s. 32.3, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium.”
Session Laws 2007-323, s. 32.5, is a severability clause.
Session Laws 2009-451, s. 1.2, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2009’.”
Session Laws 2009-451, s. 28.3, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium.”
Session Laws 2009-451, s. 28.5, is a severability clause.
Session Laws 2011-185, s. 2(a), provides: “The Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services shall collaborate with military agencies and other appropriate organizations to determine gaps in the care of current and former members of the reserve or active components of the Armed Forces of the United States with traumatic brain injury, shall develop recommendations for an accessible community-based neurobehavioral system of care for those service members, and shall report its recommendations by July 1, 2012, to the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Health and Human Services and Justice and Public Safety, to the Chairs of the House of Representatives Committee on Homeland Security, Military, and Veterans Affairs, and to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services. The recommendations shall be tailored so that, if implemented, services would be available to service members, veterans, and their families and would consist of neurobehavioral programs, residential programs, comprehensive day programs, and home-based programs.”
Session Laws 2011-185, s. 2(b), provides: “The Division of Medical Assistance of the Department of Health and Human Services, MedSolutions, Inc., and the appropriate health professionals at the United States Department of Veterans Affairs shall work together to ensure that MedSolutions, Inc., is using the appropriate evidence-based diagnostic testing (including imaging, biomarker testing, and other tests) for screening and assessment of traumatic brain injury.”
Session Laws 2011-185, s. 8(a), provides: “The Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services shall, in conjunction with the Citizen Soldier Support Program, the Governor’s Focus on Servicemembers, Veterans, and Their Families, the North Carolina Division of Veterans Affairs, the United States Department of Veterans Affairs, and other appropriate organizations, develop a training curriculum to be targeted at the following types of organizations:
“(1) Crisis workers, including mental health and addiction services staff on mobile crisis teams; screening, triage, and referral (STR) teams; public safety officers; crisis intervention teams (CITs); emergency management technicians (EMTs); disaster and emergency response teams; local sheriffs’ offices; and local Red Cross chapters.
“(2) Veterans service organizations and veterans service officers.
“(3) Professional advocacy and support organizations, including the National Alliance on Mental Illness North Carolina, the Traumatic Brain Injury Association of North Carolina, and other nonprofit organizations that have a mission to serve members of the active duty and reserve components, veteran members of the military, and their families.
“(4) Military chaplains.”
Session Laws 2011-185, s. 8(b), provides: “The training curriculum shall include information about the following core issues:
“(1) The types of mental health and substance abuse disorders that service personnel and their families may have experienced, including traumatic brain injury (TBI), posttraumatic stress disorder (PTSD), military sexual trauma (MST), depression, substance use disorder (SUD), potential suicide risks, or domestic violence.
“(2) Strategies to encourage eligible veterans to enroll in and access services through the VA system, including opportunities to enroll former military members with previously undiagnosed PTSD, MST, TBI, or SUD, and those who left under less than honorable discharges into the VA system, if the reason for the discharge was due to behavioral health problems that arose or were exacerbated through military service.
“(3) Available referral sources through TRICARE, the United States Department of Veterans Affairs, Military One Source, Army One Source, Defense Centers of Excellence, Deployment Health Clinical Center, the North Carolina National Guard’s Integrated Behavioral Health System, Local Management Entities, the North Carolina Department of Health and Human Services (DHHS) Office of Citizen Services, North Carolina Health Info, Federally Qualified Health Centers, professional advocacy and support services, and other community resources.”
Session Laws 2011-185, s. 8(c), provides: “That portion of the training curriculum directed towards crisis workers, professional advocacy and support organizations, and faith communities shall include information about the following:
“(1) The number of North Carolinians who are serving or who have served in the active or reserve components of the Armed Forces of the United States.
“(2) Military culture.
“(3) The average number of deployments, length of time in conflict zones, and potential injuries these members may have faced, particularly those who have served recently in Iraq or Afghanistan.
“(4) The potential impact of the deployment cycle on family members and children. This information shall include information about resiliency skills, intervention skills, resources, and community supports, with a focus on the critical role of the faith community in the provision of assistance with needed service, personal support, and, when necessary, grief counseling.
“(5) Early identification of individual or family members with mental health or substance abuse disorders and appropriate referral sources.”
Session Laws 2011-185, s. 8(d), provides: “On or before July 1, 2012, the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services shall report on the curriculum developed pursuant to this section to the Joint Legislative Health Care Oversight Committee, the House of Representatives and Senate Appropriations Subcommittees on Health and Human Services, and the House of Representatives Committee on Homeland Security, Military, and Veterans Affairs.”
Session Laws 2016-94, s. 1.2, provides: “This act shall be known as the ‘Current Operations and Capital Improvements Appropriations Act of 2016.’ ”
Session Laws 2016-94, s. 39.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year.”
Session Laws 2016-94, s. 39.7, is a severability clause.
Session Laws 2017-57, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2017.’ ”
Session Laws 2017-57, s. 39.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium.”
Session Laws 2017-57, s. 39.6, is a severability clause.
Session Laws 2018-5, s. 11H.8(a), (b), provides: “(a) The Department of Health and Human Services (DHHS) shall conduct an evaluation of its current administrative and policy staffing within the Division of Medical Assistance (DMA) and the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (DMH/DD/SAS), as well as its future administrative staffing requirements for the Division of Health Benefits (DHB) in light of a managed care service delivery environment. In conducting this evaluation, DHHS shall do all of the following:
“(1) Consider the changing functional needs and required staff experience and competencies within DHHS based upon the introduction of capitated contracts with local management entities/managed care organizations (LME/MCOs).
“(2) Determine whether any administrative or policy functions are duplicative between DMA and DMH/DD/SAS. This determination should take into account any functions carried out through vendor contracts.
“(3) Determine whether any administrative or policy functions performed by staff within DMA or DMH/DD/SAS are duplicative of functions either contractually required to be performed by LME/MCOs or through vendor contracts.
“(4) Evaluate whether the administrative and policy staffing needs of DMA and DMH/DD/SAS correspond to similar administrative and policy staffing needs for DHB as Medicaid moves to an expanded managed care delivery system. This evaluation shall include how the administrative and policy staffing needs of DHB will be structured to align more appropriately with a managed care environment. This evaluation should take into account any functions that will be carried out through vendor contracts.
“(5) Assess whether the current positions within DMA, DMH/DD/SAS, and DHB ensure effective monitoring of, oversight of, and analysis of relevant data to assess the success of the Medicaid and State-funded behavioral health system.
“(6) Recommend divisional staffing changes and changes to contractual agreements to align more appropriately with a managed care delivery environment for the Medicaid and State-funded behavioral health system. The recommendations should include a transition plan with a detailed time line for making these changes.
“(b) No later than October 1, 2019, the Department of Health and Human Service (DHHS) shall report to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice, the Joint Legislative Oversight Committee on Health and Human Services, and the Fiscal Research Division on the evaluation required by subsection (a) of this section, including changes to positions within DHHS made as a result of the evaluation and legislation required to implement recommendations made as a result of the evaluation.”
Session Laws 2018-93, s. 1(a), (b) provides: “(a) The Department of Health and Human Services shall study and analyze North Carolina’s ability to provide women with timely and equitable access to high-quality, risk-appropriate maternal and neonatal care. The study shall examine at least all of the following:
“(1) The complexity levels of care currently being provided by all delivering hospitals in caring for birth mothers and newborns.
“(2) How current systems of referral and transport to different facilities and specialty providers based on patient risk are being managed.
“(3) Disparities in access to risk-appropriate maternal and hospital care.
“(4) Service gaps.
“(5) Issues that impact the ability to most appropriately match patient need with provider skill.
“(6) Recommendations for actionable steps that can be taken in North Carolina to best ensure that pregnant women receive quality prenatal care and that mothers and newborns are cared for in a facility that can meet their specific clinical needs.
“(7) Any other issues the Department deems relevant to this study.”
“(b) The Department shall make an interim report of its findings and recommendations to the 2019 Regular Session of the 2019 General Assembly on or before May 1, 2019, and a final report of its findings and recommendations, including any recommended legislation, to the 2020 General Assembly.”
Session Laws 2018-5, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2018.’ ”
Session Laws 2018-5, s. 39.4, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year.”
Session Laws 2018-5, s. 39.7, is a severability clause.
Session Laws 2019-225, s. 9, provides: “The Department of Health and Human Services, the Department of Justice, local health departments as defined in G.S. 130A-2(5), and local law enforcement agencies are authorized to engage third-party toxicology laboratories, capable of providing clinical intelligence and data related to prescription and illicit drug usage trends and developments, for the purpose of providing data to guide the delivery of drug treatment and law enforcement resources.”
Session Laws 2020-4, s. 1.1, provides: “This act shall be known as the “2020 COVID-19 Recovery Act.”
Session Laws 2020-4, s. 1.2, provides: “Except as otherwise provided, the following definitions apply in this act:
“(1) CDC. — The federal Centers for Disease Control and Prevention.
“(2) Coronavirus or COVID-19. — The coronavirus disease 2019.
“(3) COVID-19 emergency. — The period beginning March 10, 2020, and ending on the date the Governor signs an executive order rescinding Executive Order No. 116 (2020), Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19.
“(4) COVID-19 Recovery Legislation. — The following legislation enacted by Congress:
“a. The Coronavirus Aid, Relief, and Economic Security (CARES) Act, P.L. 116-136.
“b. The Families First Coronavirus Response Act, P.L. 116-127.
“c. The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, P.L. 116-123.
“d. Paycheck Protection Program and Health Care Enhancement Act, P.L. 116-139.”
Session Laws 2020-4, s. 1.3, provides: “The General Assembly finds that State government must serve as a facilitator in assisting local governments, communities, families, workers and other individuals, and businesses in accessing federal relief and recovery funds related to the COVID-19 pandemic. The purpose of this act is to fulfill the General Assembly’s constitutional duty to appropriate all funds, including federal funds appropriated or otherwise made available under the COVID-19 Recovery Legislation, and to direct the use of those funds in a manner that is consistent with the authorizing federal legislation and that responsibly provides for the public health and economic well-being of the State.”
Session Laws 2020-4, s. 4.10(a), (b), provides: “(a) OSBM shall not release the funds allocated in subdivision (35) of Section 3.3 of this act to the Department of Health and Human Services until the Department fulfills all of the following requirements:
“(1) The Department shall require each person in charge of a laboratory providing diagnostic service in this State and any other health care provider licensed in this State that provides diagnostic service to report the results of all COVID-19 testing to the Department of Health and Human Services. The Department of Health and Human Services shall post both positive and negative COVID-19 test results on the Department’s Internet Web site, as part of its COVID-19 North Carolina Dashboard.
“(2) The Department shall post on its Internet Web site information about any vendor contracted to perform COVID-19 testing, upon the execution of a contract with the vendor. This information posted shall include the cost per test.
“(3) The Department shall collect and report on its Internet Web site COVID-19 recovery rates, as defined by the Department.
“(4) The Department shall report COVID-19-related hospital discharges, along with underlying health conditions, if any, associated with each COVID-19 hospital discharge.
“(5) The Department shall provide comprehensive reporting on COVID-19 deaths, including the percentage of patients diagnosed with severe comorbidities prior to being diagnosed with COVID-19 and whether these deaths are solely classified as deaths due to COVID-19.
“(b) Within six months after receiving funds allocated under subdivision (35) of Section 3.3 of this act, the Department of Health and Human Services and any public or private entity that is the recipient of funds allocated under subdivision (35) of Section 3.3 of this act shall report on the use of these funds to the House Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Joint Legislative Oversight Committee on Health and Human Services.”
Session Laws 2021-62, s. 3.5A(a)-(h), provides: “(a) When a county disengages from one area authority and realigns with another area authority under G.S. 122C-115 , a portion of the risk reserve and other funds of the area authority from which the county is disengaging shall be transferred to the area authority with which the county is realigning. The amount of risk reserve and other funds to be transferred shall be determined by the Department of Health and Human Services (DHHS) in accordance with a formula or formulas developed in accordance with this section.
“(b) Any formula developed by DHHS under this section shall consider the stability of both the area authority from which the county is disengaging and the area authority with which the county is realigning. The formula shall support the ability for each area authority to carry out its responsibilities under State law and shall support the successful operation of BH IDD tailored plans under G.S. 108D-60 . The formula shall assure that the area authority from which the county is disengaging retains sufficient funds to pay any outstanding liabilities to health care providers, staff-related expenses, and other liabilities.
“(c) Upon the Secretary’s approval of a disengagement under G.S. 122C-115(a3), the area authority from which the county is disengaging and the area authority with which the county is realigning shall provide DHHS with all financial information requested by DHHS that is necessary to determine the amount of funds to be transferred using the formula or formulas developed under this section.
“(d) Prior to finalizing any formula developed under this section, DHHS shall post the proposed formula on its website and provide notice of the proposed formula to all area authorities, the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Medicaid and NC Health Choice, and the Fiscal Research Division. DHHS shall accept public comment on the proposed formula. DHHS shall post the final version of the formula on its website no later than August 1, 2021.
“(e) No later than October 15, 2021, DHHS shall report to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Medicaid and NC Health Choice, and the Fiscal Research Division on any formulas developed under this section and any funds transferred during the previous quarter. Beginning January 15, 2022, and quarterly thereafter through April 15, 2026, DHHS shall report to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Medicaid and NC Health Choice, and the Fiscal Research Division on any funds transferred as a result of disengagements during the previous quarter. A final quarterly report shall be due June 30, 2026, for the quarter ending on that date.
“(f) Notwithstanding any provision of law to the contrary, the development and application of the formula or formulas under this section shall be exempt from the rulemaking requirements under Article 2A of Chapter 150B of the General Statutes and the contested case provisions of Chapter 150B of the General Statutes.
“(g) This section is effective when it becomes law and applies to disengagements approved by DHHS with an effective date on or after September 1, 2021.
“(h) This section shall expire on June 30, 2026.”
Session Laws 2021-132, s. 3(a), (b), as amended by Session Laws 2021-180, s. 9I.13(c), provides: “The Department of Health and Human Services shall develop and implement a statewide child protective services (CPS) hotline. The Department shall establish a planning and evaluation team consisting of three child welfare staff representing at least three county departments of social services that will provide input on the hotline to include, at a minimum, all of the following:
“(1) A fiscal analysis on the creation and implementation of a statewide CPS hotline.
“(2) Quantify the total upfront, onetime costs to implement the statewide CPS hotline, including any State or county savings that would be incurred through the full implementation of and transition to a statewide CPS hotline.
“(3) Recommendations on the operational needs for the statewide CPS hotline, including adequate staffing levels to ensure a responsive and timely system.
“(4) Evaluation of whether a county may opt out of the statewide CPS hotline.
“(5) Recommendations of defined measures, goals, and service level agreements to evaluate the performance of the hotline.
“(6) A time line for implementation of the statewide CPS hotline that is aligned and coordinated with the Department of Health and Human Services, Division of Social Services, and local county departments of social services, including the implementation of intake and assessment technology as a precondition to the operation of a statewide CPS hotline.
“(7) An assessment of the feasibility of an integrated statewide CPS hotline for both child protective services and adult protective services.
“(b) The Department shall submit a progress report on its development and implementation of the statewide CPS hotline required by this section to the Joint Legislative Oversight Committee on Health and Human Services no later than September 1, 2022.”
Session Laws 2021-180, s. 9B.5(a)-(d) provides: “(a) Veterans Health Care Pilot Program. — Of the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, Office of Rural Health, the sum of four hundred thousand dollars ($400,000) in nonrecurring funds for the 2021-2022 fiscal year and the sum of three hundred fifty thousand dollars ($350,000) in nonrecurring funds for the 2022-2023 fiscal year shall be used to support the development and implementation of a two-year pilot program to provide health care services to veterans. The Department of Health and Human Services and the Department of Military and Veterans Affairs, in coordination with Community Care of North Carolina and Maxim Healthcare Services, shall develop and implement the pilot program in Cumberland County. The pilot program shall consist of the following initiatives:
“(1) A health care initiative to provide to veterans increased access to health care resources through the care coordination efforts of community health workers.
“(2) A workforce initiative to recruit and train unemployed and underemployed veterans as community health workers for the health care initiative described in subdivision (1) of this subsection.
“(b) Administrative Costs. — No more than fifteen percent (15%) of the funds allocated for the purposes of this section shall be used for administrative purposes.
“(c) Termination. — The pilot program authorized by this section shall terminate on June 30, 2023.
“(d) Evaluation. — By February 1, 2024, the Department of Health and Human Services shall conduct and submit to the Joint Legislative Oversight Committee on Health and Human Services a comprehensive evaluation of the pilot program authorized by this section. The comprehensive evaluation shall include at least all of the following:
“(1) A detailed breakdown of expenditures for the pilot program.
“(2) The specific ways in which the health care initiative provided to veterans increased access to health care resources.
“(3) The total number of unemployed and underemployed veterans who were recruited and trained as community health workers under the pilot program's workforce initiative.”
Session Laws 2021-180, s. 1.1, provides: “This act shall be known as the ‘Current Operations Appropriations Act of 2021.’”
Session Laws 2021-180, s. 43.5, provides: “Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2021-2023 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2021-2023 fiscal biennium.”
Session Laws 2021-180, s. 43.7, is a severability clause.
CASE NOTES
Funding for Medically Necessary Abortions. —
Under prior G.S. 143B-137 , the action of the General Assembly in placing severe restrictions on the funding of medically necessary abortions for indigent women was valid and did not violate Article I, Section 1; Article 1, Section 19; or Article XI, Section 4 of the Constitution of North Carolina.Rosie J. v. North Carolina Dep't of Human Resources, 347 N.C. 247 , 491 S.E.2d 535, 1997 N.C. LEXIS 654 (1997).
§ 143B-138. [Repealed]
Repealed by Session Laws 1997-443, s. 11A.2.
§ 143B-138.1. Department of Health and Human Services — functions and organization.
-
All functions, powers, duties, and obligations previously vested in the following commissions, boards, councils, committees, or subunits of the Department of Human Resources are transferred to and vested in the Department of Health and Human Services by a Type I transfer, as defined in
G.S. 143A-6
:
- Division of Aging.
- Division of Services for the Blind.
- Division of Medical Assistance.
- Division of Mental Health, Developmental Disabilities, and Substance Abuse Services.
- Division of Social Services.
- Division of Health Service Regulation.
- Division of Vocational Rehabilitation.
- Repealed by Session Laws 1998-202, s. 4(v), effective January 1, 1999.
- Division of Services for the Deaf and the Blind.
- Repealed by Session Laws 2011-326, s. 19, effective June 27, 2011.
- Division of Child Development.
- Office of Rural Health.
-
All functions, powers, duties, and obligations previously vested in the following commissions, boards, councils, committees, or subunits of the Department of Human Resources are transferred to and vested in the Department of Health and Human Services by a Type II transfer, as defined in
G.S. 143A-6
:
- Respite Care Program.
- Governor’s Advisory Council on Aging.
- Commission for the Blind.
- Professional Advisory Committee.
- Consumer and Advocacy Advisory Committee for the Blind.
- Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services.
- Social Services Commission.
- Child Day Care Commission.
- Medical Care Commission.
- Emergency Medical Services Advisory Council.
-
, (12) Repealed by Session Laws 2013-247, s. 3, effective July 3, 2013.
(13)
North Carolina Council for the Hearing Impaired.
(14) Repealed by Session Laws 2002, ch. 126, s. 10.10D(c), effective October 1, 2002.
(15) Council on Developmental Disabilities.
-
The functions, powers, duties, and obligations previously vested in the following commissions, boards, councils, committees, or subunits of the Department of Environment, Health, and Natural Resources are transferred to and vested in the Department of Health and Human Services by a Type I transfer, as defined in
G.S. 143A-6
:
- Division of Dental Health.
- State Center for Health Statistics.
- Division of Epidemiology.
- Division of Health Promotion.
- Division of Maternal and Child Health.
- Office of Minority Health.
- Office of Public Health Nursing.
- Division of Laboratory Services.
- Office of Local Health Services.
- Division of Postmortem Medicolegal Examinations.
- Office of Women’s Health.
-
All functions, powers, duties, and obligations previously vested in the following commissions, boards, councils, committees, or subunits of the Department of Environment, Health, and Natural Resources are transferred to and vested in the Department of Health and Human Services by a Type II transfer, as defined in
G.S. 143A-6
:
- Commission for Public Health.
- Council on Sickle Cell Syndrome.
- Repealed by Session Laws 2011-266, s. 1.30(b), effective July 1, 2011.
- Commission of Anatomy.
- Minority Health Advisory Council.
- Advisory Committee on Cancer Coordination and Control.
- Well Contractors Certification Commission.
- The Department of Health and Human Services is vested with all other functions, powers, duties, and obligations as are conferred by the Constitution and laws of this State.
History. 1997-443, s. 11A.3; 1998-202, s. 4(v); 2002-126, s. 10.10D(c); 2007-182, ss. 1, 2; 2011-266, s. 1.30(b); 2011-326, s. 19; 2013-247, s. 3; 2021-180, s. 9G.7(d).
Cross References.
For policy prohibiting tobacco use in community college buildings, grounds, and at community college-sponsored events, see G.S. 115D-20.1 .
School-Based Child and Family Team Initiative.
Session Laws 2011-145, s. 10.15(a)-(f), provides: “(a) School-Based Child and Family Team Initiative Established.
“(1) Purpose and duties. — There is established the School-Based Child and Family Team Initiative. The purpose of the Initiative is to identify and coordinate appropriate community services and supports for children at risk of school failure or out-of-home placement in order to address the physical, social, legal, emotional, and developmental factors that affect academic performance. The Department of Health and Human Services, the Department of Public Instruction, the State Board of Education, the Department of Juvenile Justice and Delinquency Prevention [Division of Juvenile Justice of the Department of Public Safety], the Administrative Office of the Courts, and other State agencies that provide services for children shall share responsibility and accountability to improve outcomes for these children and their families. The Initiative shall be based on the following principles:
“a. The development of a strong infrastructure of interagency collaboration.
“b. One child, one team, one plan.
“c. Individualized, strengths-based care.
“d. Accountability.
“e. Cultural competence.
“f. Children at risk of school failure or out-of-home placement may enter the system through any participating agency.
“g. Services shall be specified, delivered, and monitored through a unified Child and Family Plan that is outcome-oriented and evaluation-based.
“h. Services shall be the most efficient in terms of cost and effectiveness and shall be delivered in the most natural settings possible.
“i. Out-of-home placements for children shall be a last resort and shall include concrete plans to bring the children back to a stable permanent home, their schools, and their community.
“j. Families and consumers shall be involved in decision making throughout service planning, delivery, and monitoring.
“(2) Program goals and services. — In order to ensure that children receiving services are appropriately served, the affected State and local agencies shall do the following:
“a. Increase capacity in the school setting to address the academic, health, mental health, social, and legal needs of children.
“b. Ensure that children receiving services are screened initially to identify needs and assessed periodically to determine progress and sustained improvement in educational, health, safety, behavioral, and social outcomes.
“c. Develop uniform screening mechanisms and a set of outcomes that are shared across affected agencies to measure children’s progress in home, school, and community settings.
“d. Promote practices that are known to be effective based upon research or national best practice standards.
“e. Review services provided across affected State agencies to ensure that children’s needs are met.
“f. Eliminate cost-shifting and facilitate cost-sharing among governmental agencies with respect to service development, service delivery, and monitoring for participating children and their families.
“g. Participate in a local memorandum of agreement signed annually by the participating superintendent of the local LEA, directors of the county departments of social services and health, director of the local management entity, the chief district court judge, and the chief district court counselor.
“(3) Local level responsibilities. — In coordination with the North Carolina Child and Family Leadership Council (Council), established in subsection (b) of this section, the local board of education shall establish the School-Based Child and Family Team Initiative at designated schools and shall appoint the Child and Family Team Leaders, who shall be a school nurse and a school social worker. Each local management entity that has any selected schools in its catchment area shall appoint a Care Coordinator, and any department of social services that has a selected school in its catchment area shall appoint a Child and Family Teams Facilitator. The Care Coordinators and Child and Family Team Facilitators shall have as their sole responsibility working with the selected schools in their catchment areas and shall provide training to school-based personnel, as required. The Child and Family Team Leaders shall identify and screen children who are potentially at risk of academic failure or out-of-home placement due to physical, social, legal, emotional, or developmental factors. Based on the screening results, responsibility for developing, convening, and implementing the Child and Family Team Initiative is as follows:
“a. School personnel shall take the lead role for those children and their families whose primary unmet needs are related to academic achievement.
“b. The local management entity shall take the lead role for those children and their families whose primary unmet needs are related to mental health, substance abuse, or developmental disabilities and who meet the criteria for the target population established by the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services.
“c. The local department of public health shall take the lead role for those children and their families whose primary unmet needs are health-related.
“d. Local departments of social services shall take the lead for those children and their families whose primary unmet needs are related to child welfare, abuse, or neglect.
“e. The chief district court counselor shall take the lead for those children and their families whose primary unmet needs are related to juvenile justice issues. A representative from each named or otherwise identified publicly supported children’s agency shall participate as a member of the Team as needed. Team members shall coordinate, monitor, and assure the successful implementation of a unified Child and Family Plan.
“(4) Reporting requirements. — School-Based Child and Family Team Leaders shall provide data to the Council for inclusion in their report to the North Carolina General Assembly. The report shall include the following:
“a. The number of and other demographic information on children screened and assigned to a team and a description of the services needed by and provided to these children.
“b. The number of and information about children assigned to a team who are placed in programs or facilities outside the child’s home or outside the child’s county and the average length of stay in residential treatment.
“c. The amount and source of funds expended to implement the Initiative.
“d. Information on how families and consumers are involved in decision making throughout service planning, delivery, and monitoring.
“e. Other information as required by the Council to evaluate success in local programs and ensure appropriate outcomes.
“f. Recommendations on needed improvements.
“(5) Local advisory committee. — In each county with a participating school, the superintendent of the local LEA shall either identify an existing cross-agency collaborative or council or shall form a new group to serve as a local advisory committee to work with the Initiative. Newly formed committees shall be chaired by the superintendent and one other member of the committee to be elected by the committee. The local advisory committee shall include the directors of the county departments of social services and health; the directors of the local management entity; the chief district court judge; the chief district court counselor; the director of a school-based or school-linked health center, if a center is located within the catchment area of the School-Based Child and Family Team Initiative; and representatives of other agencies providing services to children, as designated by the Committee. The members of the Committee shall meet as needed to monitor and support the successful implementation of the School-Based Child and Family Team Initiative. The Local Child and Family Team Advisory Committee may designate existing cross-agency collaboratives or councils as working groups or to provide assistance in accomplishing established goals.
“(b) North Carolina Child and Family Leadership Council. —
“(1) Leadership Council established; location. — There is established the North Carolina Child and Family Leadership Council (Council). The Council shall be located within the Department of Administration for organizational and budgetary purposes.
“(2) Purpose. — The purpose of the Council is to review and advise the Governor in the development of the School-Based Child and Family Team Initiative and to ensure the active participation and collaboration in the Initiative by all State agencies and their local counterparts providing services to children in participating counties in order to increase the academic success of and reduce out-of-home and out-of-county placements of children at risk of academic failure.
“(3) Membership. — The Superintendent of Public Instruction and the Secretary of Health and Human Services shall serve as cochairs of the Council. Council membership shall include the Secretary of the Department of Juvenile Justice and Delinquency Prevention [Division of Juvenile Justice of the Department of Public Safety], the Chair of the State Board of Education, the Director of the Administrative Office of the Courts, and other members as appointed by the Governor.
“(4) The Council shall do the following:
“a. Sign an annual memorandum of agreement (MOA) among the named State agencies to define the purposes of the program and to ensure that program goals are accomplished.
“b. Resolve State policy issues, as identified at the local level, which interfere with effective implementation of the School-Based Child and Family Team Initiative.
“c. Direct the integration of resources, as needed, to meet goals and ensure that the Initiative promotes the most effective and efficient use of resources and eliminates duplication of effort.
“d. Establish criteria for defining success in local programs and ensure appropriate outcomes.
“e. Develop an evaluation process, based on expected outcomes, to ensure the goals and objectives of this Initiative are achieved.
“f. Review progress made on integrating policies and resources across State agencies, reaching expected outcomes, and accomplishing other goals.
“g. Report semiannually, on January 1 and July 1, on progress made and goals achieved to the Office of the Governor, the Joint Appropriations Committees and Subcommittees on Education, Justice and Public Safety, and Health and Human Services, and the Fiscal Research Division of the Legislative Services Office. The Council may designate existing cross-agency collaboratives or councils as working groups or to provide assistance in accomplishing established goals.
“(c) Department of Health and Human Services. — The Secretary of the Department of Health and Human Services shall ensure that all agencies within the Department collaborate in the development and implementation of the School-Based Child and Family Team Initiative and provide all required support to ensure that the Initiative is successful.
“(d) Department of Juvenile Justice and Delinquency Prevention [Division of Juvenile Justice of the Department of Public Safety]. — The Secretary of the Department of Juvenile Justice and Delinquency Prevention [Secretary of Public Safety] shall ensure that all agencies within the Department collaborate in the development and implementation of the School-Based Child and Family Team Initiative and provide all required support to ensure that the Initiative is successful.
“(e) Administrative Office of the Courts. — The Director of the Administrative Office of the Courts shall ensure that the Office collaborates in the development and implementation of the School-Based Child and Family Team Initiative and shall provide all required support to ensure that the Initiative is successful.
“(f) Department of Public Instruction. — The Superintendent of Public Instruction shall ensure that the Department collaborates in the development and implementation of the School-Based Child and Family Team Initiative and shall provide all required support to ensure that the Initiative is successful.”
Session Laws 2011-145, s. 13.3(d), provides: “The following sections of the Division of Environmental Health that support programs implemented through local health departments and programs primarily focused on food safety and other public health concerns are, subject to subsection (b) of this section, transferred from the Department of Environment and Natural Resources to the Division of Public Health of the Department of Health and Human Services with all the elements of a Type I transfer, as defined by G.S. 143A-6 :
“(1) Environmental Health Services Section.
“(2) On-Site Water Protection Section.
“(3) Office of Education and Training.”
Session Laws 2011-145, s. 13.3(e), as amended by Session Laws 2011-391, s. 27(a), provides: “All functions, powers, duties, and obligations previously vested in the Radiation Protection Section within the Division of Environmental Health of the Department of Environment and Natural Resources are transferred to and vested in the Division of Health Service Regulation of the Department of Health and Human Services by a Type I transfer, as defined in G.S. 143A-6 .”
Session Laws 1999-237, s. 11.18, provides that the Bingo Program in the Department of Health and Human Services, Division of Facility Services, and all functions, powers, duties, and obligations vested in the Department of Health and Human Services for the Bingo Program, are transferred to and vested in the Department of Public Safety by a Type I transfer, as defined in G.S. 143A-6 .
Session Laws 2000-67, s. 14.18(a)-(e), renames the State Energy Conservation Plan as the State Energy Efficiency Program. Effective September 30, 2000, the statutory authority, powers, duties and functions, records, property, funds, etc., of the Residential Energy Conservation Assistance Program in the Energy Division of the Department of Commerce are transferred from the Department of Commerce to the Department of Health and Human Services. Similarly, effective September 30, 2000, the statutory authority, powers, duties and functions, records, property, funds, etc., of the Energy Policy Council and State Energy Efficiency Program in the Energy Division of the Department of Commerce are transferred from the Department of Commerce to the Department of Administration. Effective July 1, 2000, all vacant positions in the Energy Division of the Department of Commerce are abolished.
Session Laws 2001-424, s. 21.18A, provides: “There is created in the Department of Health and Human Services the Intervention Services Unit in the Office of the Secretary. The Unit shall be responsible for planning, research, monitoring, and data analysis for the purpose of enhancing coordination among programs and activities related to intervention services. Services to be coordinated include mental health, developmental disabilities, and substance abuse services, social services, public health, preschool education services, and Smart Start services. The Unit shall work closely and collaboratively with the divisions through which such programs and activities operate.”
Session Laws 2001-424, ss. 21.91(a) to (c), provide: “(a) The Department of Health and Human Services shall reduce layers of management and streamline operations by creating a Section of Financial Management and Support. The Department shall consolidate all budgeting, purchasing, contract oversight, and computer networking personnel into this section. The Department shall transfer all positions, corresponding State appropriations, federal funds, and other related funds into this section. At no time shall the Department allow the Division of Public Health to maintain nonprogram positions within the other sections of the Division.
“(b) The Department shall establish a new permanent full-time position in the Division of Public Health for Local Health Services section chief. The Department shall not contract for this position.
“(c) Not later than December 1, 2001, the Department shall report to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division on the reorganization activities required under this section [s. 21.91 of Session Laws 2001-424].”
Session Laws 2005-276, s. 10.57(a)-(c), provides: “The Department of Health and Human Services, Division of Public Health, shall develop a pilot program to place Automated External Defibrillators (AED) in public buildings, including public gymnasiums, that do not have an operational AED in place. In selecting pilot sites, the Department shall ensure geographic representation of the State.
“Of the funds appropriated in this act to the Department of Health and Human Services, the sum of seventeen thousand dollars ($17,000) for the 2005-2006 fiscal year, and the sum of six thousand dollars ($6,000) for the 2006-2007 fiscal year shall be used to purchase AED units, conduct on-site training at the pilot sites, and conduct ongoing education and awareness campaigns to the general public in the piloted sites. The Department shall ensure that training in the use of an AED shall be conducted in accordance with G.S. 90-21.15(b)(3). The Heart Disease and Stroke Prevention Branch of the Division of Public Health shall be responsible for the purchase of AEDs, the training of pilot program participants, and evaluation of the pilot program.
“The Department of Health and Human Services shall report on the location, establishment, and implementation of the pilot sites to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division on or before March 1, 2006.”
Session Laws 2007-39, s. 1.(a) and (b), provides: “(a) The Department of Health and Human Services, Division of Facility Services, Division of Medical Assistance, and the Division of Aging and Adult Services, shall study the availability and delivery of respite care which provides temporary relief for family members and others who care for individuals with disabilities, chronic or terminal illnesses, dementia, or the elderly. The study shall examine the following:
“(1) The need and availability of respite care in North Carolina.
“(2) The delivery and licensing of respite care in other states and possible models for North Carolina.
“(3) The application process for a grant under the Lifespan Respite Care Act of 2006, 42 U.S.C.
“(4) The need for separate statutory language pertaining to respite care.
“(5) The need, proposed structure, and development timeline for a separate licensure category for respite care.
“(6) The development of a Medicaid waiver covering a proposed new licensure category for respite care.
“(b) In response to the study authorized in this section, the Department of Health and Human Services shall present findings and recommendations, including any proposed statutory changes and new licensure categories, to the Study Commission on Aging on or before March 1, 2008.”
Session Laws 2009-451, s. 10.7A(a)-(k), provides: “(a) Intent. — It is the intent of the General Assembly that not later than July 1, 2010, certain agencies and programs relating to early childhood education and care shall be consolidated.
“(b) Task Force Established. — There is established the Joint Legislative Task Force on the Consolidation of Early Childhood Education and Care (Task Force). The Department of Health and Human Services and the Department of Public Instruction shall work with the Task Force to develop a Consolidation Plan (Plan) to implement the Plan as approved by the 2010 Regular Session of the 2009 General Assembly.
“(c) Task Force Membership. — Appointments to the Task Force shall be as follows:
“a. Three members of the House of Representatives appointed by the Speaker of the House of Representatives.
“b. Three members of the Senate appointed by the President Pro Tempore of the Senate.
“c. Three members appointed by the Governor.
“d. Any additional ad hoc members the Governor deems beneficial to achieve the goals of the Task Force.
“Appointments to the Task Force shall be made no later than September 1, 2009.
“Vacancies in the Task Force or a vacancy as chair of the Task Force resulting from the resignation of a member or otherwise shall be filled in the same manner in which the original appointment was made.
“(d) Duties of the Task Force. —
“(1) In consultation with the Department of Health and Human Services and the Department of Public Instruction, develop a Plan for a highly coordinated and efficient system of early childhood education and care.
“(2) Not later than January 15, 2010, establish and appoint a transition team to implement the Plan approved by the General Assembly. The transition team shall be responsible for guiding the transition from the multiagency/multiprogram system now in place to a consolidated system and to ensure continuity and quality of existing services to young children, families, and early childhood programs and personnel.
“(3) Adhere to the following principles in the development and implementation of the Plan approved by the General Assembly:
“a. Ensuring high quality programs.
“b. Ensuring core functions remain intact.
“c. Maintaining the strengths and effectiveness of each program.
“d. Identifying and proposing efficiencies.
“e. Identifying needed improvements.
“f. Streamlining administrative savings.
“g. Promoting a seamless delivery of services from birth through kindergarten.
“h. Any other principles the Task Force deems relevant.
“(4) Consider the following agencies and functions for consolidation:
“a. The North Carolina Partnership for Children, Inc.
“b. The More at Four program.
“c. Title I Prekindergarten programs.
“d. Preschool Exceptional Children.
“e. Early Intervention programs.
“f. Head Start Collaboration.
“g. Child Care Regulatory and Subsidy.
“h. Licensing and Regulatory Functions.
“i. Workforce Professional Development and Recognition.
“j. Quality Initiatives.
“(5) Consult with appropriate State departments, agencies, and board representatives on issues related to early childhood education and care.
“(6) In developing the Plan, review and consider the proposal included in Ensuring School Readiness for North Carolina’s Children: Bringing the Parts Together to Create an Integrated Early Care and Education System , November 2004.
“(e) Chair; Meetings. — The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each designate one member to serve as cochair of the Task Force.
“The cochairs shall call the initial meeting of the Task Force on or before October 1, 2009. The Task Force shall subsequently meet upon such notice and in such manner as its members determine. A majority of the members of the Task Force shall constitute a quorum.
“(f) Expenses of Members. — Members of the Task Force shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120-3.1 , 138-5, or 138-6, as appropriate.
“(g) Cooperation by Government Agencies. — The Task Force may call upon any department, agency, institution, or officer of the State or any political subdivision thereof for facilities, data, or other assistance.
“(h) Report. — The Task Force shall report its findings and recommendations by March 15, 2010, to the Joint Legislative Commission on Governmental Operations, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, the House of Representatives Subcommittee on Education, the Senate Appropriations Committee on Education, and the Fiscal Research Division. The Task Force shall terminate upon filing its final report.
“(i) Proposal. — After reviewing the report submitted by the Task Force, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Education, and the Senate Appropriations Committee on Education shall develop language and a budget proposal by May 30, 2010, to present to the 2010 Regular Session of the 2009 General Assembly to implement the consolidation of early childhood education and care programs, which consolidation shall become effective July 1, 2010.
“(j) Funding. — The Legislative Services Officer shall allocate funds to carry out the duties of the Task Force.
“(k) Effective Date. — This section becomes effective July 1, 2009. Effective July 1, 2010, the Consolidation, as contained in the Plan approved by the 2010 Regular Session of the 2009 General Assembly, shall be implemented.”
Session Laws 2010-152, ss. 27.1 through 27.3, provide: “SECTION 27.1. Committee Established. — There is created the Joint Legislative Study Committee on the Consolidation of Early Childhood Education and Care. The Committee shall consist of 18 members to be appointed as follows:
“(1) Five members of the House of Representatives appointed by the Speaker of the House of Representatives.
“(2) Five members of the Senate appointed by the President Pro Tempore of the Senate.
“(3) Seven ex-officio nonvoting members as follows:
“a. The Secretary of the Department of Health and Human Services.
“b. The Chairman of the State Board of Education.
“c. The President of the North Carolina Partnership for Children, Inc.
“d. The Executive Director of the Office of Early Learning at the Department of Public Instruction.
“e. The Director of the Head Start State Collaboration Office at the Office of Early Learning at the Department of Public Instruction.
“f. The President of the Child Care Services Association.
“g. The Executive Director of the North Carolina Licensed Child Care Association.
“(4) A developmental pediatrician appointed by the Governor as a nonvoting member.
“The Speaker of the House of Representatives shall designate one Representative as cochair, and the President Pro Tempore of the Senate shall designate one Senator as cochair. Vacancies on the Committee shall be filled by the same appointing authority making the initial appointment.
“The Committee, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120-19 and G.S. 120-19 .1 through G.S. 120-19.4 . The Committee may meet at any time upon the joint call of the cochairs. The Committee may meet in the Legislative Building or the Legislative Office Building. The Committee may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02 .
“The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. The House of Representatives and the Senate’s Directors of Legislative Assistants shall assign clerical staff to the Committee, and the expenses relating to the clerical employees shall be borne by the Committee. Members of the Committee shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1 , 138-5, or 138-6, as appropriate.
“SECTION 27.2. Duties. — The Committee shall continue the work of the Task Force on the Consolidation of Early Childhood Education and Care created under S.L. 2009-451 by continuing to work toward the development of an integrated system of early childhood education and care. To that end, the Committee may consult with and receive reports from the appropriate State departments, agencies, and board representatives on issues related to early childhood education and care and consider any other issues the Committee deems relevant.
“SECTION 27.3. Report. — The Commission may make a final report, including any proposed legislation, to the 2011 General Assembly upon its convening. The Commission shall terminate upon filing its final report or upon the convening of the 2011 General Assembly, whichever is earlier.”
Session Laws 2012-142, s. 10.23A(a)-(j), as amended by Session Laws 2012-145, s. 3.6, provides: “(a) The General Assembly finds that the State’s long-term care industry plays a vital role in ensuring that citizens are afforded opportunities for safe housing and adequate client-centered supports in order to live as independently as possible in their homes and communities across the State. This role is consistent with citizens of the State having the opportunity to live in the most appropriate, integrated settings of their choice. The General Assembly also is committed to the development of a plan that continues to advance the State’s current system into a statewide system of person-centered, affordable services and supports that emphasize an individual’s dignity, choice, and independence and provides new opportunities and increased capacity for community housing and community supports.
“(b) Blue Ribbon Commission on Transitions to Community Living. — There is established the Blue Ribbon Commission on Transitions to Community Living (Commission). The Commission shall (i) examine the State’s system of community housing and community supports for people with severe mental illness, severe and persistent mental illness, and intellectual and developmental disabilities and (ii) develop a plan that continues to advance the State’s current system into a statewide system of person-centered, affordable services and supports that emphasize an individual’s dignity, choice, and independence. In the execution of its duties, the Commission shall consider the following:
“(1) Policies that alter the State’s current practices with respect to institutionally based services to community-based services delivered as close to an individual’s home and family as possible.
“(2) Best practices in both the public and private sectors in managing and administering long-term care to individuals with disabilities.
“(3) An array of services and supports for people with severe mental illness and severe and persistent mental illness, such as respite, community-based supported housing and community-based mental health services, to include evidence-based, person-centered recovery supports and crisis services and supported employment.
“(4) For adults with intellectual and other developmental disabilities, expansion of community-based services and supports, housing options, and supported work. Maximize the use of habilitation services that may be available via the Medicaid ‘I’ option for individuals who do not meet the ICF-MR level of need.
“(5) Methods to responsibly manage the growth in long-term care spending, including use of Medicaid waivers.
“(6) Options for repurposing existing resources while considering the diverse economic challenges in communities across the State.
“(7) Opportunities for systemic change and maximization of housing, and service and supports funding streams, including State-County Special Assistance and the State’s Medicaid program.
“(8) The appropriate role of adult care homes and other residential settings in the State.
“(9) Other resources that might be leveraged to enhance reform efforts.
“(c) The Commission shall be composed of 32 members as follows:
“(1) Six members of the House of Representatives appointed by the Speaker of the House of Representatives.
“(2) Six members of the Senate appointed by the President Pro Tempore of the Senate.
“(3) Secretary of the Department of Health and Human Services (DHHS) or the Secretary’s designee.
“(4) Director of the Housing Finance Agency or the Director’s designee.
“(5) Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of DHHS or the Director’s designee.
“(6) Director of the Division of Medical Assistance of DHHS or the Director’s designee.
“(7) Two mental health consumers or their family representatives.
“(8) Two developmental disabilities consumers or their family representatives.
“(9) Two persons in the field of banking or representing a financial institution with housing finance expertise.
“(10) Two representatives of local management entities anaged care organizations.
“(11) A county government representative.
“(12) A North Carolina Association, Long Term Care Facilities representative.
“(13) A North Carolina Assisted Living Association representative.
“(14) A family care home representative.
“(15) A representative of group homes for adults with developmental disabilities.
“(16) A representative of group homes for individuals with mental illness.
“(17) Two representatives of service providers with proven experience in innovated housing and support services in the State.
“The Secretary of the Department of Health and Human Services shall ensure adequate staff representation and support from the following: Division of Mental Health, Developmental Disabilities and Substance Abuse Services, Division of Aging and Adult Services, Division of Health Services Regulations, Division of Social Services, and other areas as needed.
“The Commission shall appoint a Subcommittee on Housing composed of 15 members and a Subcommittee on Adult Care Homes.
“The chairs shall jointly appoint members described in subdivisions (7) through (17) of this subsection and shall fill vacancies in those positions. The Commission shall meet at the call of the chairs. Members of the Commission shall receive per diem, subsistence, and travel expenses as provided in G.S. 120-3.1 , 138-5, or 138-6, as appropriate. The Commission may contract for consultant services as provided in G.S. 120-32.02 . Upon approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional staff to assist the Commission in its work. Clerical staff shall be furnished to the Commission through the offices of the House of Representatives and Senate Directors of Legislative Assistants. The Commission may meet in the Legislative Building or the Legislative Office Building. The Commission may exercise all of the powers provided under G.S. 120-19 through G.S. 120-19.4 while in the discharge of its official duties. The funds needed to support the cost of the Commission’s work shall be transferred from the Department of Health and Human Services upon request of the Legislative Services Director.
“(d) Transitions to Community Living Fund. — There is established the Transitions to Community Living Fund (Fund) to facilitate implementation of the plans required in subsections (e) and (f) of this section.
“(e) Of the amount appropriated to the Fund established in subsection (d) of this section, the sum of ten million three hundred thousand dollars ($10,300,000) is appropriated to support the Department of Health and Human Services in its plan for transitioning individuals with severe mental illness and severe and persistent mental illness into community living arrangements, including establishing a rental assistance program. If the State executes an agreement with the U.S. Department of Justice (USDOJ) in response to the USDOJ findings dated July 28, 2011, or implements a plan in response to the USDOJ findings, these funds shall be used to implement the requirements of the first year of the agreement or the plan. In the event such an agreement is reached, a recurring appropriation will be necessary to fully implement it. The Department may issue temporary rules to implement this subsection.
“(f) Of the amount appropriated to the Fund established in subsection (d) of this section, the sum of thirty-nine million seven hundred thousand dollars ($39,700,000) is designated for implementation of the State’s plan to provide temporary, short-term assistance only to adult care homes as they transition into the State’s Transitions to Community Living Initiative. These funds shall be used only for this purpose. The General Assembly recognizes that while transformation of the system is being undertaken, adult care homes provide stable and safe housing and care to many of North Carolina’s frail and elderly population, and it is necessary during this time of transition and transformation of the statewide system that the industry remain able to provide such care.
“Following completion of an independent assessment process, as outlined in Section 10.9F(d) of this act, by December 31, 2012, and upon certification by the Department of Health and Human Services, in consultation with a local adult care home resident discharge team, as defined in G.S. 131D-2.1(3a), that a resident (i) who is no longer eligible to receive Medicaid reimbursable assistance, (ii) for whom a community placement has not yet been arranged, and (iii) who cannot be safely and timely discharged into the community, the Department may make a monthly payment to the adult care home to support the facility’s continuing provision of services to the resident. The Department may make the monthly payment from the thirty-nine million seven hundred thousand dollars ($39,700,000) designated for implementation of the State’s plan under this subsection. The monthly payment provided by the Department to an adult care home pursuant to this subsection shall not exceed six hundred ninety-four dollars ($694) per month per resident for a period not to exceed three months for each resident. At the expiration of this three-month period, the monthly payment shall be reduced by twenty-five percent (25%) and shall not exceed five hundred twenty dollars and fifty cents ($520.50) per month per resident. Upon implementation of the home-and community-based services program for individuals typically served in special care or memory care units, to be developed by the Department under Medicaid State Plan 1915(i) authority pursuant to Section 10.9E of this act, the Department shall terminate all monthly payments pursuant to this subsection for continuing services provided to residents of special care or memory care units. The Department shall terminate all monthly payments pursuant to this subsection on June 30, 2013. Notwithstanding any other provision of this subsection, the Department is prohibited from making any monthly payments under this subsection to an adult care home for services provided to any resident during the pendency of an appeal by or on behalf of the resident under G.S. 108A-70.9A.
“The Department of Health and Human Services shall administer these funds but may, as needed, contract with a vendor for administration.
“(g) The Department shall report its progress in complying with subsection (e) of this section to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than January 2, 2013, and submit a final report no later than April 1, 2013.
“(h) The Commission shall issue an interim report by October 1, 2012, and a final plan to the 2013 General Assembly no later than February 1, 2013, at which time the Commission shall expire.
“(i) Subsection (f) of this section expires on June 30, 2013, and any unobligated funds designated for the purposes of that subsection shall revert to the Transitions to Community Living Fund established in subsection (d) of this section.
“(j) Nothing in subsection (d), (e), or (f) of this section is intended to create or shall be construed to create a right or entitlement for any individual, facility, or provider of services.”
Session Laws 2013-397, s. 9, provides: “The Transitions to Community Living Fund established pursuant to Section 10.23A(d) of S.L. 2012-142 terminates on June 30, 2020, and any balance remaining on that date shall revert to the General Fund.”
Session Laws 2012-198, s. 1, provides: “The General Assembly finds the following:
“(1) According to the American Heart Association, an individual goes into cardiac arrest in the United States every two minutes. In North Carolina, twenty-three percent (23%) of all deaths are attributed to heart disease, 11,765 of which are as a result of cardiac arrest. Ventricular Fibrillation (VF) is a common rhythm for which cardiopulmonary resuscitation (CPR) and defibrillation are the only effective treatments. For victims with VF, survival rates are highest when immediate bystander CPR is provided and defibrillation occurs within three to five minutes of collapse. With every minute that passes, a victim’s survival rate is reduced by seven percent (7%) to ten percent (10%) if no intervention measures are taken. An estimated ninety-five percent (95%) of cardiac arrest victims die before reaching the hospital. If intervention measures are taken, survival rates are much higher; when CPR and defibrillation are immediately performed, survival rates can double.
“(2) Eighty percent (80%) of all cardiac arrests occur in private or residential settings, and almost sixty percent (60%) are witnessed. Communities that have established and implemented public access defibrillation programs have achieved average survival rates for out-of-hospital cardiac arrest as high as forty-one percent (41%) to seventy-four percent (74%).
“(3) Wider use of defibrillators could save as many as 40,000 lives nationally each year. Successful public access defibrillation programs ensure that cardiac arrest victims will have an immediate recognition of cardiac arrest and activation of 911 followed by early CPR with an emphasis on compressions, rapid Automatic External Defibrillator (AED) use, effective advanced care, and coordinated care afterward.”
Session Laws 2012-198, s. 2, provides: “(a) There is created a Chain of Survival Public-Private Task Force (Task Force) with members appointed as follows:
“(1) Two Senators appointed by the President Pro Tempore of the Senate.
“(2) Two members of the House of Representatives appointed by the Speaker of the House of Representatives.
“(3) One representative of the Office of Emergency Medical Services designated by the Secretary of Health and Human Services.
“(4) One representative of a local Emergency Medical Service designated by the Secretary of Health and Human Services.
“(5) One representative of the Heart Disease and Stroke Prevention Branch designated by the Secretary of Health and Human Services.
“(6) The Secretary of Administration or the Secretary’s designee, ex officio.
“(7) A representative of the American Heart Association.
“(8) A representative of the American Red Cross.
“(9) A representative of the North Carolina Hospital Association.
“(10) A representative of the American College of Cardiology.
“(11) A representative of the College of Emergency Physicians.
“(12) A cardiac arrest survivor designated by the Secretary of Health and Human Services.
“(b) The Task Force shall identify, pursue, and achieve funding for the placement of AEDs and training of State employees to recognize and initiate life-saving actions to those experiencing an acute event (sudden cardiac arrest, heart attack, and stroke) in buildings and facilities that house State agencies, services, and institutions.
“(c) Members of the Task Force serve at the pleasure of the appointing authority. This section expires June 30, 2014.”
Session Laws 2015-241, s. 31.10, provides: “(a) The Department of Health and Human Services, in consultation with the Department of Administration, shall develop a plan for relocating the administrative personnel and resources of the Department of Health and Human Services that are located on the Dorothea Dix campus and on other property leased or owned by the State in the Greater Triangle area (consisting of Durham, Orange, Johnston, and Wake Counties) to one site available to the State. The plan shall not provide for the relocation of personnel and resources whose primary responsibilities include the provision of services directly to the public in the Greater Triangle area. The Department shall report the plan to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by the earlier of October 1, 2016, or six months prior to the date on which the Department is required to move some or all of its personnel and resources from the Dorothea Dix campus under the terms of an agreement between the State and the City of Raleigh. The plan required by this section shall include at least all of the following information:
“(1) The location to which the personnel and resources of the Department of Health and Human Services will be relocated.
“(2) The square footage needed in order to accommodate the relocation.
“(3) A statement of anticipated costs or benefits associated with the relocation.
“(4) A schedule for implementation of the relocation plan.
“(5) Identification of any potential obstacles to the relocation plan.
“(6) Options for financing the relocation plan developed in conjunction with the State Treasurer and the State Controller.
“(b) Notwithstanding any other provision of law, neither the Department of Health and Human Services nor the Department of Administration shall enter into any lease or other agreement to move the personnel or resources of the Department of Health and Human Services that currently reside on the Dorothea Dix campus or on other property leased or owned by the State in the Greater Triangle area to another site until specifically authorized to do so by the General Assembly.”
Session Laws 2015-241, s. 12A.4(a)-(c), provides: “(a) The Department of Health and Human Services (Department), in cooperation with the State Chief Information Officer (State CIO), shall coordinate health information technology (HIT) policies and programs within the State of North Carolina. The goal of the DHHS CIO in coordinating State HIT policy and programs shall be to avoid duplication of efforts and to ensure that each State agency, public entity, and private entity that undertakes health information technology activities does so within the area of its greatest expertise and technical capability and in a manner that supports coordinated State and national goals, which shall include at least all of the following:
“(1) Ensuring that patient health information is secure and protected, in accordance with applicable law.
“(2) Improving health care quality, reducing medical errors, reducing health disparities, and advancing the delivery of patient-centered medical care.
“(3) Providing appropriate information to guide medical decisions at the time and place of care.
“(4) Ensuring meaningful public input into HIT infrastructure development.
“(5) Improving the coordination of information among hospitals, laboratories, physicians’ offices, and other entities through an effective infrastructure for the secure and authorized exchange of health care information.
“(6) Improving public health services and facilitating early identification and rapid response to public health threats and emergencies, including bioterrorist events and infectious disease outbreaks.
“(7) Facilitating health and clinical research.
“(8) Promoting early detection, prevention, and management of chronic diseases.
“(b) The Department, in cooperation with the Department of Information Technology created by this act, shall establish and direct an HIT management structure that is efficient and transparent and that is compatible with the Office of the National Health Coordinator for Information Technology (National Coordinator) governance mechanism. The HIT management structure shall be responsible for all of the following:
“(1) Developing a State plan for implementing and ensuring compliance with national HIT standards and for the most efficient, effective, and widespread adoption of HIT.
“(2) Ensuring that (i) specific populations are effectively integrated into the State plan, including aging populations, populations requiring mental health services, and populations utilizing the public health system, and (ii) unserved and underserved populations receive priority consideration for HIT support.
“(3) Identifying all HIT stakeholders and soliciting feedback and participation from each stakeholder in the development of the State plan.
“(4) Ensuring that existing HIT capabilities are considered and incorporated into the State plan.
“(5) Identifying and eliminating conflicting HIT efforts where necessary.
“(6) Identifying available resources for the implementation, operation, and maintenance of health information technology, including identifying resources and available opportunities for North Carolina institutions of higher education.
“(7) Ensuring that potential State plan participants are aware of HIT policies and programs and the opportunity for improved health information technology.
“(8) Monitoring HIT efforts and initiatives in other states and replicating successful efforts and initiatives in North Carolina.
“(9) Monitoring the development of the National Coordinator’s strategic plan and ensuring that all stakeholders are aware of and in compliance with its requirements.
“(10) Monitoring the progress and recommendations of the HIT Policy and Standards Committee and ensuring that all stakeholders remain informed of the Committee’s recommendations.
“(11) Monitoring all studies and reports provided to the United States Congress and reporting to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the impact of report recommendations on State efforts to implement coordinated HIT.
“(c) By no later than January 15, 2016, the Department shall provide a written report on the status of HIT efforts to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division. The report shall be comprehensive and shall include all of the following:
“(1) Current status of federal HIT initiatives.
“(2) Current status of State HIT efforts and initiatives among both public and private entities.
“(3) Other State information technology initiatives with potential applicability to State HIT efforts.
“(4) Efforts to ensure coordination and avoid duplication of HIT efforts within the State.
“(5) A breakdown of current public and private funding sources and dollar amounts for State HIT initiatives.
“(6) Efforts by the DHHS CIO to coordinate HIT initiatives within the State and any obstacles or impediments to coordination.
“(7) HIT research efforts being conducted within the State and sources of funding for research efforts.
“(8) Opportunities for stakeholders to participate in HIT funding and other efforts and initiatives during the next quarter.
“(9) Issues associated with the implementation of HIT in North Carolina and recommended solutions to these issues.”
Session Laws 2017-57, s. 11A.14(b)-(d), provides: “(b) The Department shall continue administering a competitive grants process for nonprofit funding. The Department shall administer a plan that, at a minimum, includes each of the following:
“(1) A request for application (RFA) process to allow nonprofits to apply for and receive State funds on a competitive basis. The Department shall require nonprofits to include in the application a plan to evaluate the effectiveness, including measurable impact or outcomes, of the activities, services, and programs for which the funds are being requested.
“(2) A requirement that nonprofits match a minimum of fifteen percent (15%) of the total amount of the grant award.
“(3) A requirement that the Secretary prioritize grant awards to those nonprofits that are able to leverage non-State funds in addition to the grant award.
“(4) A process that awards grants to nonprofits that have the capacity to provide services on a statewide basis and that support any of the following State health and wellness initiatives:
“a. A program targeting advocacy, support, education, or residential services for persons diagnosed with autism.
“b. A system of residential supports for those afflicted with substance abuse addiction.
“c. A program of advocacy and supports for individuals with intellectual and developmental disabilities or severe and persistent mental illness, substance abusers, or the elderly.
“d. Supports and services to children and adults with developmental disabilities or mental health diagnoses.
“e. A food distribution system for needy individuals.
“f. The provision and coordination of services for the homeless.
“g. The provision of services for individuals aging out of foster care.
“h. Programs promoting wellness, physical activity, and health education programming for North Carolinians.
“i. The provision of services and screening for blindness.
“j. A provision for the delivery of after-school services for apprenticeships or mentoring at-risk youth.
“k. The provision of direct services for amyotrophic lateral sclerosis (ALS) and those diagnosed with the disease.
“ l . A comprehensive smoking prevention and cessation program that screens and treats tobacco use in pregnant women and postpartum mothers.
“m. A program providing short-term or long-term residential substance abuse services. For purposes of this sub-subdivision, ‘long-term’ means a minimum of 12 months.
“n. A program that provides year-round sports training and athletic competition for children and adults with disabilities.
“It is the intent of the General Assembly that annually the Secretary evaluate and prioritize the categories of health and wellness initiatives described under this subdivision to determine the best use of these funds in making grant awards, exclusive of direct allocations made by the General Assembly.
“(5) A process that ensures that funds received by the Department to implement the plan supplement and do not supplant existing funds for health and wellness programs and initiatives.
“(6) A process that allows grants to be awarded to nonprofits for up to two years.
“(7) A requirement that initial disbursement of the grants be awarded no later than 30 days after certification of the State budget for the respective fiscal year.
“(c) No later than July 1 of each year, as applicable, the Secretary shall announce the recipients of the competitive grant awards and allocate funds to the grant recipients for the respective grant period pursuant to the amounts designated under subsection (a) of this section. After awards have been granted, by September 1 of each year, the Secretary shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services on the grant awards that includes at least all of the following:
“(1) The identity and a brief description of each grantee and each program or initiative offered by the grantee.
“(2) The amount of funding awarded to each grantee.
“(3) The number of persons served by each grantee, broken down by program or initiative.
“(d) No later than December 1 of each fiscal year, each nonprofit organization receiving funding pursuant to this section in the respective fiscal year shall submit to the Division of Central Management and Support a written report of all activities funded by State appropriations. The report shall include the following information about the fiscal year preceding the year in which the report is due:
“a. The entity’s mission, purpose, and governance structure.
“b. A description of the types of programs, services, and activities funded by State appropriations.
“c. Statistical and demographical information on the number of persons served by these programs, services, and activities, including the counties in which services are provided.
“d. Outcome measures that demonstrate the impact and effectiveness of the programs, services, and activities.
“e. A detailed program budget and list of expenditures, including all positions funded, matching expenditures, and funding sources.”
For prior similar provisions, see Session Laws 2015-241, s. 12A.8(b)-(d), as amended by Session Laws 2016-94, s. 12A.5, and as amended by Session Laws 2016-123, s. 5.9.
Session Laws 2015-241, s. 12A.12, as amended by Session Laws 2016-94, s. 12A.3, provides: “(a) Of the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, for the 2015-2016 fiscal year, the sum of three hundred fifty thousand dollars ($350,000) shall be used to implement a community paramedicine pilot program. The pilot program shall focus on expanding the role of paramedics to allow for community-based initiatives that result in providing care that avoids nonemergency use of emergency rooms and 911 services and avoids unnecessary admissions into health care facilities.
“(b) The North Carolina Office of Emergency Medical Services (NCOEMS) shall set the education standards and other requirements necessary to qualify as a community paramedic eligible to participate in the pilot program established in subsection (a) of this section. The Department shall consult with the NCOEMS to define the objectives, set standards, and establish the required outcomes for the pilot program.
“(c) The Department of Health and Human Services shall establish up to three program sites to implement the community paramedicine pilot program, one of which shall be New Hanover Regional Emergency Medical Services. For the 2015-2016 fiscal year, the New Hanover Regional Emergency Medical Services program site shall be awarded up to two hundred ten thousand dollars ($210,000), and each of the remaining program sites may be awarded up to seventy thousand dollars ($70,000). In selecting the remaining program sites, the Department may give preference to counties that currently have an established community paramedic program.
“(d) The Department of Health and Human Services shall submit a report to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Committee on Health and Human Services, and the Fiscal Research Division by June 1, 2016, on the progress of the pilot program and shall include an evaluation plan based on the U.S. Department of Health and Human Services, Health Resources and Services Administration Office of Rural Health Policy’s Community Paramedicine Evaluation Tool published in March 2012.
“(e) The Department of Health and Human Services shall submit a final report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by March 1, 2017. At a minimum, the final report shall include all of the following:
“(1) An updated version of the evaluation plan required by subsection (d) of this section.
“(2) An estimate of the cost to expand the program incrementally and statewide.
“(3) An estimate of any potential savings of State funds associated with expansion of the program.
“(4) If expansion of the program is recommended, a time line for expanding the program.”
Session Laws 2015-241, s. 12F.8(b)-(d), provides: “(b) The Department shall develop an evaluation plan for the community paramedic mobile crisis management pilot program based on the U.S. Department of Health and Human Services, Health Resources and Services Administration Office of Rural Health Policy’s, Community Paramedicine Evaluation Tool, published in March 2012.
“(c) The Department shall submit a report to the Senate Appropriations Committee on Health and Human Services, House Appropriations, Health and Human Services, and the Fiscal Research Division by June 1, 2016, on the progress of the project and the Department’s evaluation plan.
“(d) The Department of Health and Human Services shall submit a final report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by November 1, 2016. At a minimum, the final report shall include the following:
“(1) An updated version of the evaluation plan required by subsection (b) of this section.
“(2) An estimate of the cost to expand the program incrementally.
“(3) An estimate of any potential savings of State funds associated with expansion of the program.
“(4) If expansion of the program is recommended, a time line for expanding the program.”
Session Laws 2017-57, s. 11G.1(a)-(c), provides: “(a) Of the funds appropriated in this act to the Department of Health and Human Services, Division of Health Service Regulation, the sum of three hundred fifty thousand dollars ($350,000) in nonrecurring funds for the 2017-2018 fiscal year and the sum of three hundred fifty thousand dollars ($350,000) in nonrecurring funds for the 2018-2019 fiscal year shall be used to continue the community paramedicine pilot program authorized in Section 12A.12 of S.L. 2015-241, as amended by Section 12A.3 of S.L. 2016-94, as follows:
“(1) The sum of two hundred ten thousand dollars ($210,000) in nonrecurring funds for each year of the fiscal biennium shall be allocated to the New Hanover Regional Emergency Medical Services site.
“(2) The sum of seventy thousand dollars ($70,000) in nonrecurring funds for each year of the fiscal biennium shall be allocated to the McDowell County Emergency Medical Services site.
“(3) The sum of seventy thousand dollars ($70,000) in nonrecurring funds for each year of the fiscal biennium shall be allocated to the Wake County Emergency Medical Services site.
“The focus of this community paramedicine pilot program shall continue to be expansion of the role of paramedics to allow for community-based initiatives that result in providing care that avoids nonemergency use of emergency rooms and 911 services and avoidance of unnecessary admissions into health care facilities.
“(b) The participation requirements, objectives, standards, and required outcomes for the pilot program shall remain the same as established pursuant to Section 12A.12 of S.L. 2015-241, as amended by Section 12A.3 of S.L. 2016-94.
“(c) By November 1, 2019, the Department of Health and Human Services shall submit an updated report on the community paramedicine pilot program to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division. At a minimum, the updated report shall include all of the following:
“(1) Any updated version of the evaluation plan required by subsection (d) of Section 12A.12 of S.L. 2015-241.
“(2) An estimate of the cost to expand the program incrementally and statewide.
“(3) An estimate of any potential savings of State funds associated with expansion of the program.
“(4) If expansion of the program is recommended, a time line for expanding the program.”
Session Laws 2015-241, s. 12A.17, as amended by Session Laws 2016-94, s. 12A.7, provides: “(a) Of the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, the sum of seven hundred fifty thousand dollars ($750,000) in nonrecurring funds for the 2015-2016 fiscal year; the sum of two hundred fifty thousand dollars ($250,000) in recurring funds for each year of the 2015-2017 fiscal biennium; and the sum of one million two hundred fifty thousand dollars ($1,250,000) in nonrecurring funds for the 2016-2017 fiscal year shall be used for the phased development, implementation, and operation of a pilot program for Medicaid claims analytics and population health management.
“(b) The Department shall coordinate with the Government Data Analytics Center (GDAC) to develop the pilot program and to provide access to needed data sources, including Medicaid claims data, Medicaid beneficiary files, and local management entity anaged care organization (LME/MCO) encounter data for the pilot program. The pilot program shall utilize the subject matter expertise and technology available through existing GDAC public-private partnerships in order to apply analytics in a manner that would maximize health care savings and efficiencies to the State and optimize positive impacts on health outcomes.
“(b1) During the 2016-2017 fiscal year, the scope of the pilot program shall be expanded to include all of the following:
“(1) The integration of new data sources, such as patient level Healthcare Effectiveness Data and Information Set (HEDIS) quality measures, as prioritized by the Department and GDAC.
“(2) Customized reporting and analytics capabilities.
“(3) A tool to construct and analyze claims as clinical episodes of care in order to assist North Carolina in its transition to capitated managed care and value-based purchasing arrangements.
“(4) Operationalization of the pilot program, including an ongoing feed of the data sources described in subsection (b) of this section and any other data sources mutually agreed upon by the Department and GDAC.
“(c) By November 30, 2015, the Department shall execute all contractual agreements and interagency data-sharing agreements necessary for development and implementation of the pilot program authorized by this section.
“(d) The Department and GDAC shall make the following reports on the pilot program authorized by this section:
“(1) By January 15, 2016, the Department and GDAC shall provide a progress report on the pilot program authorized by this section to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Committee on Health and Human Services, and the Fiscal Research Division.
“(2) By May 31, 2016, the Department and GDAC shall make an interim report of their findings and recommendations on the pilot program authorized by this section to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division.
“(3) By May 31, 2017, the Department and GDAC shall make a final report of their findings and recommendations on the pilot program authorized by this section to the Joint Legislative Oversight Committee on Health and Human Services, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division.”
Session Laws 2017-57, s. 11A.4, provides: “The Department of Health and Human Services shall continue to coordinate with the Government Data Analytics Center (GDAC) to further develop and fully operationalize the Health Analytics Program for Medicaid claims analytics and population health management authorized by Section 12A.17 of S.L. 2015-241, as amended by Section 12A.7 of S.L. 2016-94. In fulfilling its responsibilities with respect to developing and operationalizing the Health Analytics Program, the Department of Health and Human Services shall comply with G.S. 143B-1385(c)(2)f. The purpose of the Health Analytics Program is to apply analytics to Medicaid data available to GDAC through the Department in a manner that maximizes health care savings and efficiencies to the State, optimizes positive impacts on health outcomes, and assists in the transition to, and management of, the transformed North Carolina Medicaid and North Carolina Health Choice programs as described in S.L. 2015-245, as amended by Section 2 of S.L. 2016-121.”
Session Laws 2017-57, s. 11A.8(a)-(e), provides: “(a) Of the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, Office of Rural Health, for Community Health Grants, the sum of seven million five hundred thousand dollars ($7,500,000) in recurring funds for the 2017-2018 fiscal year and the sum of seven million five hundred thousand dollars ($7,500,000) in recurring funds for the 2018-2019 fiscal year shall be used as follows:
“(1) Up to two hundred thousand dollars ($200,000) in recurring funds for each fiscal year of the 2017-2019 fiscal biennium shall be used to establish four permanent, full-time equivalent positions within the Office of Rural Health to support administration of the Community Health Grant Program.
“(2) Up to two hundred thousand dollars ($200,000) in recurring funds for each fiscal year of the 2017-2019 fiscal biennium may be used for administrative purposes.
“(3) At least six million nine hundred fifty thousand dollars ($6,950,000) in recurring funds for each fiscal year of the 2017-2019 fiscal biennium shall be used to award grants on a competitive basis to free and charitable clinics, federally qualified health centers, State-designated rural health centers, local health departments, school-based health centers, and other nonprofit organizations that (i) provide primary and preventative medical services to uninsured or medically indigent patients and (ii) serve as a medical home to these vulnerable populations, in order to accomplish any of the following purposes:
“a. Increase access to primary care and preventative health services for these vulnerable populations in existing primary care locations.
“b. Establish primary care and preventative health services in counties where no such services exist to serve these vulnerable populations.
“c. Create new services, sustain existing service levels, or augment existing services provided to these vulnerable populations, including primary care and preventative health services and including dental, pharmacy, and behavioral health services when integrated into the medical home.
“d. Increase primary care capacity to serve these vulnerable populations, including enhancing or replacing facilities, equipment, or technologies necessary to participate in the exchange of data and tools to monitor and improve the quality of care provided.
“(b) The Office of Rural Health shall work with the North Carolina Community Health Center Association, the North Carolina Association of Local Health Directors, the North Carolina Association of Free and Charitable Clinics, the North Carolina School-Based Health Alliance, and other organizations representing eligible grant recipients to establish a Primary Care Advisory Committee to develop an objective and equitable process for grading applications for grants funded by this section and making recommendations to the Office of Rural Health for the award of grants funded by this section.
“The Office of Rural Health shall make the final decision about awarding grants funded by this section, but no single grant award shall exceed one hundred fifty thousand dollars ($150,000) during the fiscal year. In awarding grants, the Office of Rural Health shall consider the availability of other funds for the applicant; the incidence of poverty in the area served by the applicant or the number of indigent clients served by the applicant; the availability of, or arrangements for, after-hours care; and collaboration between the applicant and a community hospital or other safety-net organizations.
“(c) Grant recipients shall not use these funds to do any of the following:
“(1) Enhance or increase compensation or other benefits of personnel, administrators, directors, consultants, or any other persons receiving funds for program administration; provided, however, funds may be used to hire or retain health care providers. The use of grant funds for this purpose does not obligate the Department of Health and Human Services to continue to fund compensation beyond the grant period.
“(2) Supplant existing funds, including federal funds traditionally received by federally qualified community health centers. However, grant funds may be used to supplement existing programs that serve the purposes described in subsection (a) of this section.
“(3) Finance or satisfy any existing debt.
“(d) The Office of Rural Health shall develop a standardized method for grant recipients to report objective, measurable quality health outcomes and shall require grant recipients to report these quality health outcomes to the Department. Beginning recipients of grant funds shall annually provide to the Office of Rural Health a written report detailing the number of patients that are cared for, the types of services that were provided, quality measures and outcomes, and any other information requested by the Office of Rural Health as necessary for evaluating the success of the Community Health Grant Program.
“(e) Of the funds appropriated in this act to the Department of Health and Human Services, Division of Central Management and Support, Office of Rural Health, for the Community Health Grant Program, the sum of up to one hundred fifty thousand dollars ($150,000) in recurring funds for each fiscal year of the 2017-2019 fiscal biennium shall be used to match federal funds to provide to safety net providers eligible to participate in the Community Health Grant Program, through the Rural Health Technology Team, ongoing training and technical assistance with respect to health information technology, the adoption of electronic health records, and the establishment of connectivity to the State’s health information exchange network known as NC HealthConnex.”
Session Laws 2018-5, s. 24.1(b)-(j), as amended by Session Laws 2020-3, s. 4.32(a), provides: “(b) North Carolina Child Well-Being Transformation Council Creation; Purpose; Findings. — There is established the North Carolina Child Well-Being Transformation Council (Children’s Council) for the purpose of coordinating, collaborating, and communicating among agencies and organizations involved in providing public services to children. The welfare of North Carolina’s children is a priority. There are many public and private agencies and organizations across the State involved with promoting the welfare of children and protecting them from harm, such as those involving child care, education, health care, social services, and juvenile justice. Though these agencies and organizations provide important services, they often fail to collaborate, coordinate, and communicate about those services. A more systematic and coordinated approach to services will help ensure that the State achieves the best possible outcomes for children.
“(c) Membership. — The Children’s Council shall be located administratively in the General Assembly. The Children’s Council shall consist of 25 members. In making appointments, e