GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	2 

SENATE BILL 132
Second Edition Engrossed 3/25/91

Short Title:  N.C. Park Authority.	(Public)
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Sponsors: Senators Sherron, Allran, Cochrane, Kaplan, Shaw; Basnight, Carpenter, Johnson, Odom, Perdue, Plexico, Plyler, Sands, Staton, Tally, and Warren.
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Referred to:  Travel and Tourism and Cultural Resources.
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February 20, 1991

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A NORTH CAROLINA PARK AUTHORITY TO MANAGE A PARK FUND FOR LAND ACQUISITION AND CAPITAL PROJECTS AT STATE PARKS.
The General Assembly of North Carolina enacts:
Section 1. Chapter 143B of the General Statutes is amended by adding the following new Part to read:
“Part 13A.
"North Carolina Park Authority.
"§ 143B-313.1. North Carolina Park Authority; creation; powers and duties.
There is created the North Carolina Park Authority of the Department of Environment, Health, and Natural Resources. The North Carolina Park Authority shall have the following functions and duties:
(1)	To manage the North Carolina Park Fund as established by G.S. 143B-313.3;
(2)	To receive public and private donations, appropriations, grants, and bequests for deposit into the Park Fund;
(3)	To issue revenue bonds of the Park Authority to finance land acquisition or capital repairs or improvements or facility construction for the parks and recreation areas, except for the recreation areas that are leased;
(4)	To advise on land acquisition and priorities relating to land acquisition;
(5)	To advise on the repairs, renovations, improvements, facility construction, and other capital projects;
(6)	To solicit financial and material support from public and private sources;
(7)	To develop effective public and private support for the programs and operations of the parks and recreation areas; and
(8)	To consider and advise the Secretary of Environment, Health, and Natural Resources on any matter the Secretary may refer to it.
"§ 143B-313.2. North Carolina Park Authority; members; selection; compensation; meetings.
(a)	The North Carolina Park Authority shall consist of 12 members, one from each of the 12 Congressional districts, who are knowledgeable about the North Carolina Park System or with expertise in finance. All members shall be appointed by the Governor. The Governor shall appoint one of the members to be the chair of the Authority. Vacancies shall be filled by appointment of the Governor, and the term shall be for the balance of the unexpired term. The Park Authority shall meet at a time and place as designated by the chair.
(b)	One-third of the initial appointees shall serve a one-year term, one-third of the initial appointees shall serve a two-year term, and one-third of the initial appointees shall serve a three-year term. Thereafter, all members shall be appointed for terms of three years. Except for the initial appointees, members shall serve no more than two terms.
	(c) The members of the Park Authority shall receive per diem and necessary travel and subsistence expenses according to the provisions of G.S. 138-5.
(d)	A majority of the Park Authority shall constitute a quorum for the transaction of business.
(e)	All clerical and other services required by the Park Authority shall be provided by the Secretary of the Department of Environment, Health, and Natural Resources.
"§ 143B-312.3. North Carolina Park Fund.
(a)	There is created a special and nonreverting fund to be known as the North Carolina Park Fund. The North Carolina Park Fund shall be used only for land purchases, repairs, renovations, and facility construction at the State park and recreation areas. Public and private donations, appropriations, grants, and bequests may be deposited into the Park Fund. The Park Fund shall consist of two accounts: donations and fees. Only the income from the account consisting of donations, except donations dedicated to specific projects, shall be spent in accordance with this section. Principal and income from the account consisting of fees shall be spent in accordance with this section.
(b)	The State Treasurer shall be the custodian of the North Carolina Park Fund and shall invest its assets in accordance with G.S. 147-69.2 and G.S. 147-69.3.
(c)	Expenditures from the Park Fund shall be only for the purposes set out in subsection (a) of this section and shall be by act of the General Assembly.
(d)	The North Carolina Park Fund shall not take the place of State appropriations but shall be used to supplement other income and appropriations for the parks and recreation areas.
(e)	Notwithstanding any other provision of law, the fees collected in the State parks and recreation areas, except for the recreation areas that are leased, shall not revert to the State treasury to the credit of the General Fund but shall be deposited in the North Carolina Park Fund, beginning July 1, 1991."
Sec. 2. This act becomes effective July 1, 1991.