GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 1579

Short Title:  Ports Board Changes/Funds.	(Public)
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Sponsors: Senator Block.
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Referred to:  State Government.
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June 6, 1990

A BILL TO BE ENTITLED
AN ACT TO STAGGER FURTHER THE TERMS SERVED BY MEMBERS OF THE BOARD OF THE STATE PORTS AUTHORITY, TO ELIMINATE THE GOVERNOR'S ABILITY TO REMOVE MEMBERS OF THE BOARD OF THE STATE PORTS AUTHORITY WITHOUT CAUSE, AND TO APPROPRIATE FUNDS FOR THE ESTABLISHMENT OF AN AIR FREIGHT DEVELOPMENT OFFICE WITHIN THE STATE PORTS AUTHORITY.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143B-452 reads as rewritten:
"§ 143B-452. Creation of Authority – membership; appointment, terms and vacancies; officers; meetings and quorum; compensation.
The North Carolina State Ports Authority is hereby created. It shall be governed by a board composed of nine members and hereby designated as the Authority. Effective July 1, 1983, it shall be governed by a board composed of 11 members and hereby designated as the Authority. The General Assembly suggests and recommends that no person be appointed to the Authority who is domiciled in the district of the North Carolina House of Representatives or the North Carolina Senate in which a State port is located. The Governor shall appoint seven members to the Authority, and the General Assembly shall appoint two members of the Authority. Effective July 1, 1983, the Authority shall consist of seven persons appointed by the Governor, and four persons appointed by the General Assembly. Effective July 1, 1989, the Governor shall appoint six members to the Authority, in addition to the Secretary of Economic and Community Development, who shall serve as a voting member of the Authority by virtue of his office. The Secretary of Economic and Community Development shall fill the first vacancy occurring after July 1, 1989, in a position on the Authority over which the Governor has appointive power. Effective for terms beginning July 1, 1990, all appointments by the Governor shall be made upon the advice and consent of the North Carolina Senate.
The initial appointments by the Governor shall be made on or after March 8, 1977, two terms to expire July 1, 1979; two terms to expire July 1, 1981; and three terms to expire July 1, 1983.  Thereafter, at the expiration of each stipulated term of office all appointments made by the Governor shall be for a term of six years.
To stagger further the terms of members:
(1)	Of the members appointed by the Governor to replace the members whose terms expire on July 1, 1991, one member shall be appointed to a term of five years, to expire on June 30, 1996; the other member shall be appointed for a term of six years, to expire on June 30, 1997;
(2)	Of the members appointed by the Governor to replace the members whose terms expire on July 1, 1993, one member shall be appointed to a term of five years, to expire on June 30, 1998; the other member shall be appointed to a term of six years, to expire on June 30, 1999;
(3)	Of those members appointed by the Governor to replace the members whose terms expire on July 1, 1995, one member shall be appointed to a term of five years, to expire on June 30, 2000; the other member shall be appointed to a term of six years, to expire on June 30, 2001.
Thereafter, at the expiration of each stipulated term of office all appointments made by the Governor shall be for a term of six years.
    The members of the Authority appointed by the Governor shall be selected from the State-at-large and insofar as practicable shall represent each section of the State in all of the business, agriculture, and industrial interests of the State. Any vacancy occurring in the membership of the Authority appointed by the Governor shall be filled by the Governor for the unexpired term. The Governor may remove a member appointed by the Governor only for reasons provided by G.S. 143B-13.
The General Assembly shall appoint two persons to serve terms expiring June 30, 1983. The General Assembly shall appoint four persons to serve terms beginning July 1, 1983, to serve until June 30, 1985, and successors shall serve for two-year terms. Of the two appointments to be made in 1982, one shall be made upon the recommendation of the Speaker, and one shall be made upon the recommendation of the President of the Senate. Of the four appointments made in 1983 and biennially thereafter, two shall be made upon the recommendation of the President of the Senate, and two shall be made upon the recommendation of the Speaker. To stagger further the terms of members:
(1)	Of the members appointed upon the recommendation of the Speaker to replace the members whose terms expire on June 30, 1991, one member shall be appointed to a term of one year, to expire on June 30, 1992; the other member shall be appointed to a term of two years, to expire  on June 30, 1993;
(2)	Of the members appointed upon the recommendation of the President of the Senate to replace the members whose terms expire on June 30, 1991, one member shall be appointed to a term of one year, to expire on June 30, 1992; the other member shall be appointed to a term of two years, to expire on June 30, 1993.
Thereafter, at the expiration of each stipulated term of office all appointments made by the General Assembly shall be for terms of two years.
  Appointments by the General Assembly shall be made in accordance with G.S. 120-121, and vacancies in those appointments shall be filled in accordance with G.S. 120-122.
The Governor shall appoint from the members of the Authority the chairman and vice-chairman of the Authority. The members of the Authority shall appoint a treasurer and secretary of the Authority.
The Authority shall meet once in each 60 days at such regular meeting time as the Authority by rule may provide and at any place within the State as the Authority may provide, and shall also meet upon the call of its chairman or a majority of its members. A majority of its members shall constitute a quorum for the transaction of business. The members of the Authority shall not be entitled to compensation for their services, but they shall receive per diem and necessary travel and subsistence expense in accordance with G.S. 138-5."
Sec. 2.  Part 10 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B-468. Office of Air Freight Development.
There is established within the North Carolina State Ports Authority an Office of Air Freight Development.  The Office of Air Freight Development shall make use of the powers and authority granted to the North Carolina State Ports Authority to promote the movement of air freight traffic through the airports of this State."
Sec. 3.  G.S. 143B-453 reads as rewritten:
"§ 143B-453. Purposes of Authority.
Through the Authority hereinbefore created, the State of North Carolina may engage in promoting, developing, constructing, equipping, maintaining and operating the harbors and seaports within the State, or within the jurisdiction of the State, and works of internal improvements incident thereto, including the acquisition or construction, maintenance and operation at such seaports or harbors of watercraft and highways and bridges thereon or essential for the proper operation thereof. Said Authority is created as an instrumentality of the State of North Carolina for the accomplishment  of the following general purposes:
(1) 	To develop and improve the harbors or seaports at Wilmington, Morehead City and Southport, North Carolina, and such other places, including inland ports and facilities, as may be deemed feasible for a more expeditious and efficient handling of waterborne commerce from and to any place or places in the State of North Carolina and other states and foreign countries.
(2) 	To acquire, construct, equip, maintain, develop and improve the port facilities at said ports and to improve such portions of the waterways thereat as are within the jurisdiction of the federal government.
(3) 	To foster and stimulate the shipment of freight and commerce through said ports, and through the airports located within the State of North Carolina, whether the shipment originates within or without the State, including the investigation and handling of matters pertaining to all transportation rates and rate structures affecting the same.
(4) 	To cooperate with the United States of America and any agency, department, corporation or instrumentality thereof in the maintenance, development, improvement and use of said harbors and seaports in connection with and in furtherance of the war operations and needs of the United States.
(5) 	To accept funds from any of said counties or cities wherein said ports are located and to use the same in such manner, within the purposes of said Authority, as shall be stipulated by the said county or city, and to act as agent or instrumentality, of any of said counties or cities in any matter coming within the general purposes of said Authority.
(6) 	To act as agent for the United States of America, or any agency, department, corporation or instrumentality thereof, in any matter coming within the purposes or powers of the Authority.
(7) 	And in general to do and perform any act or function which may tend or be useful toward the development and improvement of harbors, seaports and inland ports of the State of North Carolina, and to increase the movement of waterborne commerce, foreign and domestic, to, through, and from such harbors and ports.
The enumeration of the above purposes shall not limit or circumscribe the broad objective of developing to the utmost the port possibilities of the State of North Carolina."
Sec. 4.  There is appropriated from the General Fund to the North Carolina State Ports Authority the sum of $50,000 for the 1990-91 fiscal year to implement the provisions of Section 2 of this act.
Sec. 5.  Section 1 of this act shall become effective June 30, 1990.  The remainder of this act shall become effective July 1, 1990.