GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 294*

Short Title:  Jt. Legis. Seafood Comms. Authorized.	(Public)
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Sponsors: Senators Basnight, Barker, and Shaw.
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Referred to:  Marine Resources and Wildlife.
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February 27, 1989

A BILL TO BE ENTITLED
AN ACT TO ABOLISH THE SEAFOOD STUDY COMMISSION AND TRANSFER ITS FUNCTION TO THE JOINT LEGISLATIVE COMMISSION ON SEAFOOD AND AQUACULTURE.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 120 of the General Statutes is amended by adding a new Article to read:
“Article 12E.
"Joint Legislative Commission on Seafood and Aquaculture.
"§ 120-70.51.  Committee established.
The Joint Legislative Commission on Seafood and Aquaculture is hereby established as a permanent joint committee of the General Assembly.  As used in this Article, the term ‘Commission' means the Joint Legislative Commission on Seafood and Aquaculture.
"§ 120-70.52.  Membership; cochairmen; vacancies; quorum.
The Joint Legislative Commission on Seafood and Aquaculture shall consist of eleven members:  three Senators appointed by the President Pro Tempore of the Senate; three Representatives appointed by the Speaker of the House of Representatives; three members appointed by the Governor; and two members appointed by the Commissioner of Agriculture.  The members shall serve at the pleasure of their appointing officer.  The President Pro Tempore of the Senate shall designate one Senator to serve as cochairman and the Speaker of the House of Representatives shall designate one Representative to serve as cochairman.  Vacancies occurring on the Commission shall be filled in the same manner as initial appointments.  A quorum of the Commission shall consist of six members.
"§ 120-70.53.  Powers and duties.
The Commission shall have the following powers and duties:
	(1)  To monitor and study the current seafood industry in North Carolina including studies of the feasibility of increasing the State's production, processing, and marketing of seafood;
	(2)  To study the potential for increasing the role of aquaculture in all regions of the State;
	(3)  To evaluate the feasibility of creating a central permitting office for fishing and aquaculture matters.
	(4)  To evaluate actions of the Marine Fisheries Division of the Department of Natural Resources and Community Development, the Wildlife Resources Commission of the Department of Natural Resources and Community Development, and of any other board, commission, department, or agency of the State or local government as such actions relate to the seafood and aquaculture industries.
	(5)  To make recommendations regarding regulatory matters relating to the seafood and aquaculture industries including, but not limited to:
a.	Increasing the State's representation and decision-making ability by dividing the State between the Atlantic and South Atlantic regions of the National Division of Marine Fisheries; and
	b.	Evaluating the necessity to substantially increase penalties for trespass and theft of  shellfish and other aquaculture products.
	(6)  To review and evaluate changes in federal law and regulations, relevant court decisions, and changes in technology affecting the seafood and aquaculture industries.
	(7)  To review existing and proposed State law and rules affecting the seafood and aquaculture industries and to determine whether any modification of law or rules is in the public interest;
	(8)  To make reports and recommendations, including draft legislation, to the General Assembly from time to time as to any matter relating to the powers and duties set out in this section; and
	(9)  To undertake such additional studies as it deems appropriate or as may from time to time be requested by the President of the Senate, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, either house of the General Assembly, the Legislative Research Commission, or the Joint Legislative Commission on Governmental Operations, and to make such reports and recommendations to the General Assembly regarding such studies as it deems appropriate.
"§ 120-70.54.  Additional powers.
The Commission, while in the discharge of official duties, may exercise all the powers provided for under the provisions of G.S. 120-19, and G.S. 120-19.1 through G.S. 120-19.4.  The Commission may meet at any time upon the call of either cochairman, whether or not the General Assembly is in session.  The Commission may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission.
"§ 120-70.55.  Compensation and expenses of members.
Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1.
"§ 120-70.56.  Staffing.
The Legislative Administrative Officer shall assign as staff to the Commission professional employees of the General Assembly, as approved by the Legislative Services Commission.  Clerical staff shall be assigned to the Commission through the offices of the Supervisor of Clerks of the Senate and Supervisor of Clerks of the House of Representatives.  The expenses of employment of clerical staff shall be borne by the Commission.
"§ 120-70.57.  Funding.
From funds available to the General Assembly, the Legislative Services Commission shall allocate  monies to fund the Commission created by this Part."
Sec. 2.  The Joint Legislative Commission on Seafood and Aquaculture shall be a continuation of the Seafood Study Commission authorized by Section 27 of Chapter 873 of the 1987 Session Laws.  The initial membership and Cochairmen of the Joint Legislative Commission on Seafood and Aquaculture shall be those persons serving as members and Cochairmen of the original Seafood Study Commission as previously authorized as of the effective date of this Part.   Any unexpended funds previously available for the original Seafood Study Commission are hereby transferred to the Joint Legislative Commission on Seafood and Aquaculture created by this Part.
Sec. 3.  There is appropriated from the General Fund to the Legislative Services Commission for fiscal year 1989-90 the sum of fifty thousand dollars ($50,000) to fund the Joint Legislative Commission on Seafood and Aquaculture authorized by Section 1 of this act.
Sec. 4.  This act is effective upon ratification.