GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 239*

Short Title:  Fees at State Parks.  	(Public)
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Sponsors: Senators Sherron, Cochrane, Shaw, Tally, Winner; Block, Carpenter, Daniel, Hardin, Hunt of Durham, Hunt of Moore, Kaplan, Marvin, Sands, and Walker.
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Referred to:  State Government.
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February 22, 1989

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT FEES COLLECTED AT STATE PARKS REMAIN IN THE BUDGET OF THE PARK THAT COLLECTED THE FEE AND NOT REVERT TO THE GENERAL FUND.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 113-34 reads as rewritten:
"§ 113-34. Power to acquire lands as State forests, parks, etc.; donations or leases by United States; leases for recreational purposes; rules governing public use ; parks fees.
The Governor of the State is authorized upon recommendation of the Department of Natural Resources and Community Development to accept gifts of land to the State, the same to be held, protected, and administered by said Department of Natural Resources and Community Development 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. Such gifts must be absolute except in such cases as where the mineral interest on the land has previously been sold. The State Department of Natural Resources and Community Development shall have the power to 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 such purposes any special appropriations or funds available. The State Department of Natural Resources and Community Development shall also have the power to acquire by condemnation under the provisions of Chapter 40, such areas of land in different sections of the State as may in the opinion of the Department of Natural Resources and Community Development be necessary for the purpose of establishing and/or developing State forests, State parks and other areas and developments essential to the effective operation of the State forestry and State park activities with which the Department of Natural Resources and Community Development has been or may be entrusted. Such condemnation proceedings shall be instituted and prosecuted in the name of the State of North Carolina, and any property so acquired shall be administered, developed and used for experiment and demonstration in forest management, for public recreation and for such other purposes authorized or required by law: Provided, that 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 such property may be situate, and until such approval is obtained, the rights and powers conferred by this section shall not be exercised. The Attorney General of the State is directed to see that all deeds to the State for land mentioned in this section are properly executed before the gift is accepted or payment of the purchase money is made.
The Department of Natural Resources and Community Development is further authorized and empowered to accept as gifts to the State of North Carolina such forest and submarginal farmland acquired by said federal government as may be suitable for the purpose of creating and maintaining State-controlled forests, game refuges, public shooting grounds, State parks, State lakes, and other recreational areas, or to enter into longtime leases with the federal government for such areas and administer them with such funds as may be secured from their administration in the best interest of longtime public use, supplemented by such necessary appropriations as may be made by the General Assembly. The Department of Natural Resources and Community Development is further empowered to segregate State hunting and fishing licenses, use permits, and concessions and other proper revenue secured through the administration of such forests, 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 of Natural Resources and Community Development, with the approval of the Governor and Council of State, is further authorized and empowered to enter into leases of lands and waters for State parks, State lakes and recreational purposes; and the State Department of Natural Resources and Community Development may construct, operate and maintain on said lands and waters suitable public service facilities and conveniences and may charge and collect reasonable fees for
(1)	The erection, maintenance and use of docks, piers and such other structures as may be permitted in or on said waters under its own regulations;
(2)	Fishing privileges in said waters, provided that such privileges shall be extended only to holders of bona fide North Carolina fishing licenses, and provided further that all State fishing laws and rules are complied with.
Notwithstanding any other provision of law, the fees collected under this section for State parks shall be in addition to the appropriations to the Department of Natural Resources and Community Development and shall not revert to the State Treasury to the credit of the General Fund, but shall remain in the budget of the park that collected the fee.
The Department of Natural Resources and Community Development may make reasonable rules for the operation and use of boats or other craft on the surface of the said waters but shall not be authorized to charge or collect fees for such operation or use.
The Department may make reasonable rules for the regulation of the use by the public of said lands and waters and of public service facilities and conveniences constructed thereon, and said rules shall have the force and effect of law and any violation of such rules shall constitute a misdemeanor and shall be punishable by a fine of not more than fifty dollars ($50.00) or imprisonment of not more than 30 days.
The authority herein granted is in addition to other authority now  held and exercised by the Department of Natural Resources and Community Development."
Sec. 2. G.S. 113-35 reads as rewritten:
"§ 113-35. State timber may be sold by Department of Natural Resources and Community Development; forest nurseries; control over parks, etc.; operation of public service facilities; concessions to private concerns ;parks fees.
Timber and other products of such State forestlands may be sold, cut and removed under rules of the Department of Natural Resources and Community Development. The Department shall have authority to establish and operate forest tree nurseries and forest tree seed orchards. Forest tree seedlings and seed from these nurseries and seed orchards may be sold to landowners of the State for purposes of forestation under rules of the Department of Natural Resources and Community Development. When the Secretary of Natural Resources and Community Development determines that a surplus of seedlings or seed exists, this surplus may be sold, and such sale shall be in conformity with the following priority of sale: first, to agencies of the federal government for planting in the State of North Carolina; second, to commercial nurseries and nurserymen within this State; and third, without distinction, to federal agencies, to other states, and to recognized research organizations for planting either within or outside of this State. The Department shall make reasonable rules for the regulation of the use by the public of such and all State forests, State parks, State lakes, game refuges and public shooting grounds under its charge, which rules, after having been posted in conspicuous places on and adjacent to such properties of the State and at the courthouse of the county or counties in which such properties are situated shall have the force and effect of law and any violation of such rules shall constitute a misdemeanor and shall be punishable by a fine of not more than fifty dollars ($50.00) or by imprisonment for not exceeding 30 days.
The Department may construct and operate within the State forests, State parks, State lakes and any other areas under its charge suitable public service facilities and conveniences, and may charge and collect reasonable fees for the use of same; it may also charge and collect reasonable fees for:
(1)	The erection, maintenance and use of docks, piers and such other structures as may be permitted in or on State lakes under its own regulations;
(2)	Hunting privileges on State forests and fishing privileges in State forests, State parks and State lakes, provided that such privileges shall be extended only to holders of bona fide North Carolina hunting and fishing licenses, and provided further that all State game and fish laws are complied with.
Notwithstanding any other provision of law, the fees collected under this section for State parks shall be in addition to the appropriations to the Department of Natural Resources and Community Development and shall not revert to the State Treasury to the credit of the General Fund, but shall remain in the budget of the park that collected the fee.
The Department of Natural Resources and Community Development may make reasonable rules for the operation and use of boats or other craft on the surface of the said waters but shall not be authorized to charge or collect fees for such operation or use.
The Department may also grant to private individuals or companies concessions for operation of public service facilities for such periods and upon such conditions as the Department of Natural Resources and Community Development shall deem to be in the public interest. The department may make reasonable rules for the regulations [regulation] of the use by the public of the public service facilities and conveniences herein authorized, which rules shall have the force and effect of law, and any violation of such rules shall constitute a misdemeanor and shall be punishable by a fine of not more than fifty dollars ($50.00) or by imprisonment for not exceeding 30 days."
Sec. 3. This act shall become effective July 1, 1989.