GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 113

Short Title:  National Guard Post Exchanges.	(Public)
─────────────────────────────────────── 
Sponsors: Representatives Balmer; Baddour, Joye, and Justus.
─────────────────────────────────────── 
Referred to:  State Government.
─────────────────────────────────────── 

February 10, 1993

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE NATIONAL GUARD TO OPEN POST EXCHANGES AT THE AIR NATIONAL GUARD BASE IN CHARLOTTE AND THE NATIONAL GUARD HEADQUARTERS IN RALEIGH.
Whereas, the North Carolina National Guard, including the Army National Guard and the Air National Guard, includes more than 13,000 full-time and part-time soldiers; and 
Whereas, the North Carolina National Guard Headquarters located at the Claude T. Bowers Military Center at 4105 Reedy Creek Road, Raleigh, is the site of employment for over 500 full-time military personnel and over 300 additional part-time personnel who attend inactive duty training drills at least one weekend per month; and
Whereas, the North Carolina Air National Guard Headquarters located at Douglas International Airport at 5225 Morris Field Drive, Charlotte, is the site of employment for over 275 full-time military personnel and over 1,000 additional part-time personnel who attend inactive duty training drills at least one weekend per month; and
Whereas, there are thousands of military-related people including military retirees; military personnel of all branches of service of the active, guard, and reserve components; military dependents; Reserve Officer Training Corps cadets; and patients and employees of Veterans Administration hospitals all living or working here in North Carolina, and, in particular, living and working within a 15-mile radius of Charlotte and Raleigh; and
Whereas, there is no active military center with an active-duty post exchange within 50 miles of these two cities to provide a readily accessible service to those military-related people; and
Whereas, the North Carolina National Guard, in conjunction with the Army and Air Force Exchange Service, desires to establish an exchange outlet or outlets to serve these military-related people at the Military Center in Raleigh and at the Air National Guard Center in Charlotte; and
Whereas, to implement the establishment of these exchanges would require amendments to certain existing North Carolina statutes; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  Chapter 127A of the General Statutes is amended by adding a new section to read:
"§ 127A-156.  Establishment of post exchanges.
The North Carolina National Guard, in conjunction with the Army and Air Force Exchange Service, may establish post exchanges at the Claude T. Bowers Military Center in Raleigh, at the Air National Guard Center in Charlotte, and at other locations approved by the Adjutant General of North Carolina."
Sec. 2.  G.S. 66-58(c) reads as rewritten:
"(c)	The provisions of subsection (a) shall not prohibit:
(1)	The sale of products of experiment stations or test farms.
(2)	The sale of learned journals, works of art, books or publications of the Department of Cultural Resources or other agencies, or the Supreme Court Reports or Session Laws of the General Assembly.
(3)	The business operation of endowment funds established for the purpose of producing income for educational purposes; for purposes of this section, the phrase 'operation of endowment funds' shall include the operation by public postsecondary educational institutions of campus stores, the profits from which are used exclusively for awarding scholarships to defray the expenses of students attending the institution; provided, that the operation of such stores must be approved by the board of trustees of the institution, and the merchandise sold shall be limited to educational materials and supplies, gift items and miscellaneous personal-use articles. Provided further that sales at campus stores are limited to employees of the institution and members of their immediate families, to duly enrolled students and their immediate families, to other campus stores and to other persons who are on campus other than for the purpose of purchasing merchandise from campus stores. It is the intent of this subdivision that campus stores be established and operated for the purpose of assuring the availability of merchandise described in this Article for sale to persons enumerated herein and not for the purpose of competing with stores operated in the communities surrounding the campuses of the University of North Carolina.
(4)	The operation of lunch counters by the Department of Human Resources as blind enterprises of the type operated on January 1, 1951, in State buildings in the City of Raleigh.
(5)	The operation of a snack bar and cafeteria in the State Legislative Building.
(6)	The maintenance by the prison system authorities of eating and sleeping facilities at units of the State prison system for prisoners and for members of the prison staff while on duty, or the maintenance by the highway system authorities of eating and sleeping facilities for working crews on highway construction or maintenance when actually engaged in such work on parts of the highway system.
(7)	The operation by penal, correctional or facilities operated by the Department of Human Resources or by the State Department of Agriculture, of dining rooms for the inmates or clients or members of the staff while on duty and for the accommodation of persons visiting such inmates or clients, and other bona fide visitors.
(8)	The sale by the Department of Agriculture of livestock, poultry and publications in keeping with its present livestock and farm program.
(9)	The operation by the public schools of school cafeterias.
(10)	Sale by any State correctional or other institution of farm, dairy, livestock or poultry products raised or produced by it in its normal operations as authorized by the act creating it.
(11)	The sale of textbooks, library books, forms, bulletins, and instructional supplies by the State Board of Education, State Department of Public Instruction, and local school authorities.
(12)	The sale of North Carolina flags by or through the auspices of the Department of Administration, to the citizens of North Carolina.
(13)	The operation by the Department of Correction of forestry management programs on State-owned lands, including the sale on the open market of timber cut as a part of such management program.
(14)	The operation by the Department of Correction of facilities to manufacture and produce traffic and street name signs for use on the public streets and highways of the State.
(15)	The operation by the Department of Correction of facilities to manufacture and produce paint for use on the public streets and highways of the State.
(16)	The operation of post exchanges by the Army and Air Force Exchange Service and the North Carolina National Guard at the North Carolina Army National Guard State Headquarters Military Center in Raleigh and the North Carolina National State Air National Guard Headquarters Center in Charlotte."
Sec. 3.  This act is effective upon ratification.