GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 244

Short Title:  GPAC/Transfer Marine Affairs to DEHNR. 	(Public)
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Sponsors: Senator Martin of Guilford.
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Referred to:  Government Performance Audit.
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February 18, 1993

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT A RECOMMENDATION OF THE GOVERNMENT PERFORMANCE AUDIT COMMITTEE TO TRANSFER THE OFFICE OF MARINE AFFAIRS' AQUARIUM FUNCTION FROM THE DEPARTMENT OF ADMINISTRATION TO THE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES, TO ELIMINATE THE POLICY FUNCTION OF THE OFFICE OF MARINE AFFAIRS, AND TO ELIMINATE SIX POSITIONS THAT ARE NOW IN THE OFFICE OF MARINE AFFAIRS.
The General Assembly of North Carolina enacts:
Section 1.  The General Assembly makes the following findings:
(1)	The Office of Marine Affairs, Department of Administration operates the State's three aquariums and advises the Secretary of Administration and the Governor on ocean policy.
(2)	The Department of Administration provides most of the State's general administrative services.  An internal organizational unit should be included within the Department of Administration only if the organizational unit (i) provides a service to other State agencies and does not have program responsibilities, (ii) has attributes that make central provision the most economical way to deliver first-rate management services, and (iii) has little policy implication.
(3)	The Office of Marine Affairs does not provide administrative services to State agencies, but does have both program and policy responsibilities.
(4)	The Department of Environment, Health, and Natural Resources operates and maintains the State's zoological park, whose functions are similar to those of the aquarium.  In addition, both the Department of Environment, Health, and Natural Resources and the Office of Marine Affairs advise the Governor on environmental policy matters which can result in uncoordinated and inconsistent policy direction among State environmental programs.  Only one department should be responsible for all environment-related functions.
(5)	To improve efficiency, eliminate the fragmentation of the State's marine policy function, and achieve a savings for the State by eliminating unnecessary administrative structures, the aquarium function of the Office of Marine Affairs should be transferred to the Department of Environment, Health, and Natural Resources; the policy function of the Office of Marine Affairs should be eliminated, and six positions within the Office of Marine Affairs should be eliminated. 
Sec. 2.  G.S. 143B-279.3 reads as rewritten:
"§ 143B-279.3.  Department of Environment, Health, and Natural Resources – structure.
(a)	All functions, powers, duties, and obligations heretofore vested in the following subunits of the following departments are hereby transferred to and vested in the Department of Environment, Health, and Natural Resources by a Type I transfer, as defined in G.S. 143A-6:
(1)	Radiation Protection Section, Division of Facility Services, Department of Human Resources.
(2)	Division of Health Services, Department of Human Resources.
(3)	State Center for Health Statistics, Department of Human Resources.
(4)	Coastal Management Division, Department of Environment, Health, and Natural Resources.
(5)	Environmental Management Division, Department of Environment, Health, and Natural Resources.
(6)	Forest Resources Division, Department of Environment, Health, and Natural Resources.
(7)	Land Resources Division, Department of Environment, Health, and Natural Resources.
(8)	Marine Fisheries Division, Department of Environment, Health, and Natural Resources.
(9)	Parks and Recreation Division, Department of Environment, Health, and Natural Resources.
(10)	Soil and Water Conservation Division, Department of Environment, Health, and Natural Resources.
(11)	Water Resources Division, Department of Environment, Health, and Natural Resources.
(12)	North Carolina Zoological Park, Department of Environment, Health, and Natural Resources.
(13)	Albemarle-Pamlico Study.
(14)	Office of Marine Affairs, Department of Administration.
(b)	All functions, powers, duties, and obligations heretofore vested in the following commissions, boards, councils, and committees of the following departments are hereby transferred to and vested in the Department of Environment, Health, and Natural Resources by a Type II transfer, as defined in G.S. 143A-6:
(1)	Governor's Waste Management Board, Department of Human Resources.
(2)	Radiation Protection Commission, Department of Human Resources.
(3)	Commission for Health Services, Department of Human Resources.
(4)	Water Treatment Facility Operators Board of Certification, Department of Human Resources.
(5)	Council on Sickle Cell Syndrome, Department of Human Resources.
(6)	Perinatal Health Care Programs Advisory Council, Department of Human Resources.
(7)	Governor's Council on Physical Fitness and Health, Department of Human Resources.
(8)	Commission of Anatomy, Department of Human Resources.
(9)	Coastal Resources Commission, Department of Environment, Health, and Natural Resources.
(10)	Environmental Management Commission, Department of Environment, Health, and Natural Resources.
(11)	Air Quality Council, Department of Environment, Health, and Natural Resources.
(12)	Wastewater Treatment Plant Operators Certification Commission, Department of Environment, Health, and Natural Resources.
(13)	Forestry Council, Department of Environment, Health, and Natural Resources.
(14)	North Carolina Mining Commission, Department of Environment, Health, and Natural Resources.
(15)	Advisory Committee on Land Records, Department of Environment, Health, and Natural Resources.
(16)	Marine Fisheries Commission, Department of Environment, Health, and Natural Resources.
(17)	Parks and Recreation Council, Department of Environment, Health, and Natural Resources.
(18)	Board of Trustees of the Recreation and Natural Heritage Trust Fund, Department of Environment, Health, and Natural Resources.
(19)	North Carolina Trails Committee, Department of Environment, Health, and Natural Resources.
(20)	Sedimentation Control Commission, Department of Environment, Health, and Natural Resources.
(21)	State Soil and Water Conservation Commission, Department of Environment, Health, and Natural Resources.
(22)	North Carolina Zoological Park Council, Department of Environment, Health, and Natural Resources.
(23)	North Carolina Aquariums Commission, Department of Administration.
(c)	(1)	There is hereby created a division within the environmental area of the Department of Environment, Health, and Natural Resources to be named the Division of Radiation Protection.  All functions, powers, duties, and obligations of the Radiation Protection Section of the Division of Facility Services of the Department of Human Resources are transferred in their entirety to the Radiation Protection Division of the Department of Environment, Health, and Natural Resources.
(2)	There is hereby created a division within the environmental area of the Department of Environment, Health, and Natural Resources to be named the Division of Solid Waste Management.  All functions, powers, duties, and obligations of the Solid Waste Management Section of the Division of Health Services of the Department of Human Resources are transferred in their entirety to the Division of Solid Waste Management of the Department of Environment, Health, and Natural Resources.
	(d) The Department of Environment, Health, and Natural Resources is vested with all other functions, powers, duties, and obligations as are conferred by the Constitution and laws of this State."
Sec. 3. G.S. 143B-279.2 is amended by adding a new subdivision to read:
"(1a)	To administer the State Outer Continental Shelf (OCS) Task Force and coordinate State participation activities in the federal outer continental shelf resource recovery programs as provided under the OCS Lands Act Amendments of 1978 (43 USC §§ 1801 et seq.) and the OCS Lands Act Amendments of 1986 (43 USC §§ 1331 et seq.)."
Sec. 4.  Part 8A of Article 9 of Chapter 143B of the General Statutes, G.S. 143B-390.2 through G.S. 143B-390.4, is recodified as Part 5B of Article 7 of Chapter 143B of the General Statutes, G.S. 143B-289.20 through G.S. 143B-289.22.
Sec. 5.  G.S. 143B-390.2, as recodified as G.S. 143B-289.20 by Section 3 of this act, reads as rewritten:
"§ 143B-289.20.  Office of Marine Affairs – organization; powers and duties.
(a)	The Office shall be organized as prescribed by the Secretary of the Department of Environment, Health, and Natural Resources and exercise the following powers and duties:
(1)	Repealed by Session Laws 1991, c. 320, s. 3.
(1a)	To establish and maintain the North Carolina Aquariums;
(1b)	To administer the operations of the North Carolina Aquariums, such administrative duties to include, but not be limited to the following:
a.	Adopt goals and objectives for the Aquariums and review and revise these goals and objectives periodically;
b.	Review and approve requests for use of the Aquarium facilities and advise the Secretary of the Department of Environment, Health, and Natural Resources on the most appropriate use consistent with the goals and objectives of the Aquariums;
c.	Continually review and evaluate the types of projects and programs being carried out in the Aquarium facilities and determine if the operation of the facilities is in compliance with the established goals and objectives;
d.	Recommend to the Secretary of the Department of Environment, Health, and Natural Resources any policies and procedures needed to assure effective staff performance and proper liaison among Aquarium facilities in carrying out the overall purposes of the Aquarium programs;
e.	Review Aquarium budget submissions to the Secretary of the Department of Environment, Health, and Natural Resources;
f.	Recruit and recommend to the Secretary of the Department of Environment, Health, and Natural Resources candidates for the positions of directors of the North Carolina Aquariums; and
g.	Create local advisory committees in accordance with the provisions of G.S. 143B-390.4.
					(4)	to (6) Repealed by Session Laws 1991, c. 320, s. 3.
(7)	Assume any other powers and duties assigned to it by the Secretary.
(b)	The Secretary may adopt any rules and procedures necessary to implement this section."
Sec. 6.  G.S. 143B-390.4, as recodified as G.S. 143B-89.22 by Section 3 of this act, reads as rewritten:
"§ 143B-289.22.  Local advisory committees; duties; membership.
Local advisory committees created pursuant to G.S. 143B-289.20(a)(1b) shall assist each North Carolina Aquarium in its efforts to establish projects and programs and to assure adequate citizen-consumer input into those efforts.  Members of these committees shall be appointed by the Secretary of the Department of Environment, Health, and Natural Resources for three-year terms from nominations made by the Director of the Office of Marine Affairs.  Each committee shall select one of its members to serve as chairperson.  Members of the committees shall serve without compensation for services or expenses."
Sec. 7.  Part 8B of Article 9 of Chapter 143B of the General Statutes is repealed. 
Sec. 8.  Part 8C of Article 9 of Chapter 143B of the General Statutes, G.S. 143B-390.15 through G.S. 143B-390.16, is recodified as Part 28 of Article 7 of Chapter 143B of the General Statutes, G.S. 143B-344.16 through G.S. 143B-344.17.
Sec. 9.  G.S. 143B-390.16, as recodified as G.S. 143B-344.17 by Section 6 of this act, reads as rewritten:
"§ 143B-344.17.  North Carolina Aquariums Commission – organization, powers, and duties.
(a)	The Commission shall consist of 12 members appointed as follows:
(1)	Four members appointed by the Governor, including one member designated by the Governor to serve as chair of the Commission and one member appointed upon recommendation of the North Carolina Aquarium Society, Inc., who resides in one of the counties where the North Carolina Aquariums are located: Carteret, Dare, and New Hanover,
(2)	Four members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121, including one member appointed upon the recommendation of the North Carolina Aquarium Society, Inc., who resides in another of the counties where the North Carolina Aquariums are located: Carteret, Dare, and New Hanover,
(3)	Four members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121, including one member appointed upon the recommendation of the North Carolina Aquarium Society, Inc., who resides in another of the counties where the North Carolina Aquariums are located: Carteret, Dare, and New Hanover.
(b)	Commission members shall serve for terms of four years, beginning July 1, 1992, and may be removed at any time by the appointing  authority.  If a vacancy on the Commission occurs, the appointing authority shall appoint a replacement to serve for the unexpired term.
(c)	The Commission shall meet upon the call of the chair.
(d)	The Secretary of the Department of Environment, Health, and Natural Resources shall provide staff support for Commission activities and travel reimbursement for Commission members.
(e)	The Commission may recommend a schedule of uniform fees for the North Carolina Aquariums to the Secretary of the Department of Environment, Health, and Natural Resources who may adopt the schedule.  The schedule may be revised from time to time by the same procedure.
(f)	The North Carolina Special Aquariums Fund, hereafter 'Fund', is hereby created, and shall be a special and nonreverting fund.  The Fund shall be used only for repair, maintenance, and educational exhibit construction at existing aquariums.  The Fund may also be used to match private funds that are raised for these purposes.
(g)	All entrance fee receipts shall be credited to the Fund.  The Secretary of the Department of Environment, Health, and Natural Resources may expend monies from the Fund only upon the authorization of the General Assembly."
Sec. 10.  The Department of Environment, Health, and Natural Resources shall eliminate six positions in the Office of Marine Affairs that handle policy and administrative matters, thus saving the State approximately two hundred thousand dollars ($200,000) annually.
Sec. 11.  The base budget of the Department of Administration is reduced by two million two hundred seventy-nine thousand seven hundred seventy-seven dollars ($2,279,777) due to the transfer of the aquarium function mandated by this act.  The base budget of the Department of Environment, Health, and Natural Resources is increased by two million seventy-nine thousand  seven hundred seventy-seven dollars ($2,079,777).
Sec. 12.  This act becomes effective July 1, 1993.