Title: H1559 [Edition 1]
Category: Introduced Bill 2003

General Assembly of North Carolina	Session 2003

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
H	1
HOUSE BILL 1559*

Short Title:	Military Base Land Preservation Fund. | (Public)
Sponsors: | Representatives K. Williams;  Sutton, Pate, Warner, Lucas, C. Johnson, Glazier, Gorman, Lewis, and Wainwright.
Referred to: | Appropriations.
May 20, 2004

A BILL TO BE ENTITLED
AN ACT to create a military base land preservation fund and to appropriate funds to protect lands around military bases.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 113 of the General Statutes is amended by adding a new Article to read:
"Article 5B. 
"Military Base Land Preservation Fund.
"§ 113‑77.10.  Military Base Land Preservation Fund.
(a)	There is established a Military Base Land Preservation Fund in the State Treasurer's office that shall be used to finance the Military Base Land Preservation  Program authorized by this Article.
(b)	The State Treasurer shall hold the Fund separate and apart from all other moneys, funds, and accounts. Investment earnings credited to the assets of the Fund shall become part of the Fund. The Fund may include any moneys, funds, accounts, or assets from whatever source, including appropriations from the General Assembly, specifically designated to be placed in the Fund. Any balance remaining in the Fund at the end of any fiscal year shall be carried forward in the Fund for the next succeeding fiscal year. Payments from the Fund shall be made on the warrant of the Chair of the Board.
(c)	The Board shall set aside an amount from the Fund, not to exceed twenty percent (20%) of the appraised value of acquired land, or the land affected if less than a fee interest is acquired for the management of the acquired land."
"§ 113‑77.11. Military Base Land Preservation Fund Board.
(a)	Expenditures from the Fund shall be authorized by a 13‑member Board of Directors. The Board shall consist of 13 members as follows: 
(1)	Four at‑large members shall be appointed by the Governor. Persons appointed shall be knowledgeable about the acquisition and preservation of lands and other interests necessary to military operations, and the problems of encroachment on military installations.
(2)	Four members of the Senate upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120‑121.
(3)	Four members of the House of Representatives upon the recommendation of the Speakers of the House of Representatives in accordance with G.S. 120‑121. 
(4)	The Secretary of the Department of Administration, who shall serve as Chair.
The appointing authorities shall designate two of their initial appointments to serve two‑year terms, and the other two appointments to serve three‑year terms. Thereafter, all appointments shall be for four years, subject to reappointment. Appointments shall expire January 1 of even‑numbered years. The Secretary of the Department of Administration shall provide the Board with staff support and meeting facilities using expenditures from the Fund. Membership on the Board is declared to be a position that may be held concurrently with any other executive or appointive office, under the authority of Article VI, Section 9, of the North Carolina Constitution.
(b)	The Board shall meet at least once each year and may hold special meetings at the call of the Chair or a majority of the members.
(c)	The Board shall receive the per diem, subsistence allowances, and travel expenses allowed for other members of boards and commissions of the State as fixed in G.S. 138‑5.
"§ 113‑77.12.  Acquisition of lands with funds from the Military Base Land Preservation Fund.
(a)	From time to time, but at least once each year, the North Carolina Advisory Commission on Military Affairs shall recommend to the Board any interests in property to be acquired with funds from the Fund. The interests may be fee simple absolute, easement, or any other interest. For each tract or interest proposed, the Board shall be provided with the following information:
(1)	The military value and necessity for the purchase of the land. For the purposes of this section, "military value" of land means that the land will affect the ability of the military to do their training; affect military readiness by providing roads, rail lines, ports, and airports to allow for rapid force deployment; or affect the ability of the military to conduct ongoing or proposed military operations.
(2)	How the purchase of the land will impact existing communities through the reduction of noise pollution and potential danger due to low‑level aircraft and other military operations.
(3)	Other sources of funds that may be available to assist in acquiring the land.
(4)	Potential uses for the land that will not affect or hamper ongoing or proposed military training or operations.
(5)	The State agency that will be responsible for managing the land.
(b)	The Board may acquire by donation, or authorize the expenditure of, funds to purchase any interest in real property that meets any of the following:
(1)	Any interest that will prevent the encroachment of development near military installations, or any other interest that would enhance the ability of the military to conduct ongoing or proposed military training or operations.
(2)	Any interest that will serve to reduce the impact of noise on the citizens of North Carolina. 
(3)	Any interest that will serve to enhance the safety of the citizens of North Carolina.
(c)	The Board may authorize the expenditure of funds to assist other organizations, public or private, to acquire interests in real property that meet the criteria that are set forth in subsection (b).
(d)	The Department of Administration may, pursuant to G.S. 143‑341, acquire by purchase, gift, or receive by devise or conveyance all lands or interests in land selected by the Board for acquisition pursuant to this Article. Title to any land acquired pursuant to subsection (b) of this section shall be vested in the State. 
(e)	A State agency with management responsibility for land acquired pursuant to this Article may enter into a management agreement or lease with a county, city, town, or private nonprofit organization qualified under G.S. 105‑151.12 and G.S. 105‑130.34 and certified under section 501(c)(3) of the Internal Revenue Code to aid in managing the land. A management agreement or lease shall be executed by the Department of Administration pursuant to G.S. 143‑341.
(f)	The Secretary shall maintain and revise twice each year a list of all expenditures and acquisitions made pursuant to this Article. The list shall include:  a description of any interests in land and the amount paid to acquire the interest, the acreage of each tract acquired or received by donation, the county or counties in which the tract is located, the amount paid from the Fund to acquire the tract, and the State agency or other entity responsible for managing the tract. The Secretary shall furnish a copy of the list, within 30 days after each revision, to each Board member, to the Joint Legislative Commission on Governmental Operations, to the Fiscal Research Division, and to the North Carolina Advisory Commission on Military Affairs."
SECTION 2.  There is appropriated from the General Fund to the Department of State Treasurer the sum of five million dollars ($5,000,000) for the 2004‑2005 fiscal year for the Military Base Land Preservation Fund.
SECTION 3.  This act becomes effective July 1, 2004.

Page 	 	House Bill 1559*-First Edition

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