GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 1198

Short Title:  Natural Heritage/Clean Water.	(Public)
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Sponsors: Senator Basnight.
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Referred to:  Finance.
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May 5, 1989

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR THE PRESERVATION OF NATURAL AREAS IN NORTH CAROLINA AND TO HELP LOCAL GOVERNMENTS MEET THE CLEAN WATER NEEDS OF THE PEOPLE OF NORTH CAROLINA.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 105-228.30 reads as rewritten:
"§ 105-228.30. Imposition of excise stamp tax; distribution of proceeds.
(a)	There is hereby levied an excise tax on each deed, instrument or writing by which any lands, tenements or other realty shall be granted, assigned or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons.  The tax imposed shall be at the rate of one dollar and fifty cents ($1.50) on each five hundred dollars ($500.00) or fractional part thereof of the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time  of sale).  The tax shall be paid by the transferor to the county wherein the real estate is situated prior to recording the instrument of conveyance; provided that, if the instrument transfers any parcel of real estate lying in two or more counties, the tax shall be paid to the county wherein the greater part of the real estate with respect to value lies.  
(b)	The register of deeds of each county shall remit the proceeds of the tax levied by this section to the county finance officer to be distributed on a monthly basis as follows:  one-third of the net proceeds shall be retained by the county and placed in its general fund; one-third of the net proceeds shall be deposited with the State Treasurer for the Recreation and Natural Heritage Trust Fund created in Article 5A of Chapter 113; and one-third of the net proceeds shall be deposited with the State Treasurer for the Water and Sewer Development Fund.  The county finance officer shall make the monthly distributions no later than 30 days after the end of the month in which the proceeds were collected.  As used in this section, the term ‘net proceeds' means gross proceeds less the cost to the county of collecting and administering the tax."
Sec. 2.  There is created in the Office of State Budget and Management a special fund to be known as the Water and Sewer Development Fund.  The Fund shall be placed in an interest bearing account and any interest or other income derived from the Fund shall be credited to the Fund.  The Water and Sewer Development Fund shall be subject to the provisions of the Executive Budget Act except that no unexpended surplus of the Fund shall revert to the General Fund.  All funds credited to the Water and Sewer Development Fund shall be used only for grants or loans to local governments for wastewater treatment facilities and water supply facilities.  Effective July 1, 1989, until June 30, 1991, the Office of State Budget and Management shall, on a quarterly basis, transfer the funds in the Water and Sewer Development Fund to the Clean Water Revolving Loan and Grant Fund established in Chapter 159G of the General Statutes to be used for grants and loans to local governments for wastewater treatment facilities and water supply facilities.  Effective July 1, 1991, the funds in the Water and Sewer Development Fund shall be appropriated, reserved, set aside, and made available annually by the General Assembly for grants and loans to local governments for wastewater treatment facilities and water supply facilities.
Sec. 3.  G.S. 113-77.8(a) reads as rewritten:
	"(a)	Expenditures from the Fund shall be authorized by a nine-member Board of Trustees.  Three members shall be appointed by the Governor, three by the Lieutenant Governor, and three by the Speaker of the House of Representatives.  Persons appointed shall be knowledgeable in the acquisition and management of natural areas.  One of the persons appointed by the Governor and one of the persons appointed by the Speaker of the House of Representatives shall be representatives of the residential building industry.  Each appointing officer shall designate one of his initial appointments to serve a two-year term, one to serve a four-year term, and one to serve a six-year term.  Thereafter, all appointments shall be for six years, subject to reappointment.  All initial appointments shall be made on or before January 1, 1988.  The Governor shall appoint one Trustee to serve as Chairman of the Board.  The Secretary shall provide the Trustees with staff support and meeting facilities using expenditures from the Fund.  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, Sec. 9, of the North Carolina Constitution."
Sec. 4.  Section 2 of Chapter 871 of the 1987 Session Laws reads as rewritten:
"Sec. 2.  This act shall become effective September 1, 1987.  "
Sec. 5.  Section 3 of this act is effective upon ratification and applies to the first appointments made by the Governor and Speaker of the House of Representatives on or after the date of ratification.  Section 4 of this act shall become effective June 29, 1989.  The remainder of this act shall become effective July 1, 1989, and applies to transfers made on or after that date.