GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 1218*

Short Title:  Air Cargo Amendments.	(Public)
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Sponsors: Senator Barnes.
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Referred to:  Transportation.
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June 8, 1992

A BILL TO BE ENTITLED
AN ACT TO AMEND THE NORTH CAROLINA AIR CARGO AIRPORT AUTHORITY ACT AND TO APPROPRIATE FUNDS TO THE AIR CARGO AIRPORT AUTHORITY.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 63A-2(8) reads as rewritten:
"(8)	Cargo airport complex site. – The area designated by the Authority as the location of a cargo airport complex. An area may not be so designated by the Authority unless all or a substantial portion of the land on which the cargo airport is located or is to be located is or shall be owned by the Authority or is or shall be controlled by the Authority pursuant to lease, joint operating agreement, or other contractual arrangements."
Sec. 2.  G.S. 63A-3(b) reads as rewritten:
"(b)	Board of Directors.  The Authority shall be governed by a Board of Directors.  The Board shall consist of at least the following 19 members:
(1)	Seven members appointed by the Governor.
(2)	Three members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121.
(3)	Three members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121.
(4)	The State Treasurer.
(5)	The Secretary of Agriculture.
(6)	The President of The University of North Carolina.
(7)	The Chairman of the State Ports Authority.
(8)	One member appointed by the board of county commissioners of any county in which the cargo airport complex site is located.
(9)	One member appointed by the city council of the city which is a county seat of any county in which the cargo airport complex site is located.
Within 90 days after the Authority acquires land, either by purchase or condemnation, for development as part of a cargo airport complex site, the board of county commissioners in any county in which a portion of the land is located and the city council of the city which is the county seat of the county shall, by resolution, each appoint a person to serve as a member of the Board.  If the board of commissioners or the city council appoints one of its own members to the Board, the county commissioner or the member of the city council who is appointed is considered to be serving on the Board as an ex officio voting member as part of the duties of the office of county commissioner or the office of city council member, in accordance with G.S. 128-1.2, and is not considered to be serving in a separate office.
As the holder of an office, each member of the Board shall take the oath required by Article VI, § 7 of the North Carolina Constitution before assuming the duties of a Board member."
Sec. 3.  G.S. 63A-3(c) reads as rewritten:
"(c)	Selection Criteria.  In making appointments to the Board, the Governor and the General Assembly shall give consideration to the geographical representation of all regions of the State. In addition, at least one member appointed by the Governor shall be representative of business, at least one shall be representative of agribusiness, at least one shall be representative of environmental interests, and at least one shall be representative of industrial interests.
."
Sec. 4.  G.S. 63A-3(d) reads as rewritten:
	"(d)	Terms.  The terms of the initial members appointed by the Governor or the General Assembly end June 30, 1993.  The initial term of a member appointed by a board of county commissioners or by a city council ends on the second June 30 after the appointment. Subsequent appointments by a board of county commissioners or by a city council shall be for terms of four years.  The seven members appointed by the Governor for subsequent terms shall be appointed for terms of two years ending on June 30 of each odd-numbered year.  The six members appointed by the General Assembly for subsequent terms shall be divided into two classes. The first class shall consist of three persons, two of whom shall be appointed upon recommendation of the Speaker of the House of Representatives and one of whom shall be appointed upon recommendation of the President Pro Tempore of the Senate, to serve an initial term expiring June 30, 1993, with subsequent terms expiring each fourth June 30th thereafter. The second class shall consist of three persons, two of whom shall be appointed upon recommendation of the President Pro Tempore of the Senate and one of whom shall be appointed upon recommendation of the Speaker of the House of Representatives, to serve an initial term expiring June 30, 1997, with subsequent terms expiring each fourth June 30th thereafter."
Sec. 5.  G.S. 63A-3(h) reads as rewritten:
"(h)	Organization of the Board. The Board shall adopt bylaws with respect to the calling of meetings, quorums, voting procedures, the keeping of records, and other organizational and administrative matters as the Board may determine.  A quorum shall consist of a majority of the members of the Board.  No vacancy in the membership of the Board shall impair the right of a quorum to exercise all rights and to perform all the duties of the Board and the Authority."
Sec. 6.  G.S. 63A-6(a) reads as rewritten:
"(a)	General.  The Authority may acquire real property by purchase, negotiation, gift, devise, or eminent domain.  When the Authority acquires real property owned by the State, the Secretary of the Department of Administration shall execute and deliver to the Authority a deed transferring fee simple title to the property to the Authority."
Sec. 7.  G.S. 63A-18(a) and (b) read as rewritten:
"(a)	The Authority has exclusive zoning jurisdiction within a cargo airport complex site.  The Authority has zoning jurisdiction within six miles of the boundaries of a cargo airport complex site.  
(b)	No State agency and, in accordance with G.S. 63-31, no political subdivision may adopt, without obtaining the approval of the Authority, an airport zoning provision or other land use regulation that affects real property within six miles of any cargo airport complex site if it conflicts with a zoning provision or land use restriction adopted by the Authority.
		A zoning provision or land use restriction adopted in violation of this subsection is not effective."
Sec.  8. There is appropriated from the Highway Fund to the Air Cargo Airport Authority the sum of two million dollars ($2,000,000) for the 1992-93 fiscal year for the design of runway improvements and the development of the cargo airport complex site in accordance with Chapter 63A of the General Statutes.
Sec. 9.  This act becomes effective July 1, 1992.