A BILL TO BE ENTITLED
AN ACT TO AMEND VARIOUS ENVIRONMENTAL LAWS TO: (1) authorize the Commission For Health Services to modify the inspection schedule for establishments that prepare or serve food or drink to the public; (2) authorize the use of funds from the special zoo fund for marketing purposes; and (3) PROVIDE THAT MEMBERS OF THE Joint LEgislative COMMISSION on Seafood and aquaculture WHO ARE NOT REELECTED TO THE GENERAL ASSEMBLY MAY COMPLETE THEIR TERM OF SERVICE ON THE COMMISSION.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 130A‑249 reads as rewritten:
"§ 130A‑249.  Inspections; report and grade card.
The Secretary may enter any establishment that is subject to the provisions of G.S. 130A‑248 for the purpose of making inspections. The Secretary shall inspect each food service establishment at a frequency established by the Commission. In establishing a schedule for inspections, the Commission shall consider the risks to the population served by the establishment and the type of food or drink served by the establishment. The person responsible for the management or control of an establishment shall permit the Secretary to inspect every part of the establishment and shall render all aid and assistance necessary for the inspection. The Secretary shall leave a copy of the inspection form and a card or cards showing the grade of the establishment with the responsible person. The Secretary shall post the grade card in a conspicuous place as determined by the Secretary where it may be readily observed by the public upon entering the establishment or upon picking up food prepared inside but received and paid for outside the establishment through delivery windows or other delivery devices. If a single establishment has one or more outside delivery service stations and an internal delivery system, that establishment shall have a grade card posted where it may be readily visible upon entering the establishment and one posted where it may be readily visible in each delivery window or delivery device upon picking up the food outside the establishment. The grade card or cards shall not be removed by anyone, except by or upon the instruction of the Secretary."
SECTION 2.  G.S. 143B‑336.1 reads as rewritten:
"§ 143B‑336.1.  Special Zoo Fund.
A special continuing and nonreverting fund, to be called the Special Zoo Fund, is created. The North Carolina Zoological Park shall retain unbudgeted receipts at the end of each fiscal year, beginning June 30, 1989, and deposit these receipts into this Fund. This Fund shall be used for maintenance, repairs, and renovations of exhibits in existing habitat clusters and visitor services facilities, construction of visitor services facilities and support facilities such as greenhouses and temporary animal holding areas, for the replacement of tram equipment as required to maintain adequate service to the public, and for marketing the Zoological Park. The Special Zoo Fund may also be used to match private funds that are raised for these purposes. Funds may be expended for these purposes by the Department of Environment and Natural Resources on the advice of the North Carolina Zoological Park Council and with the approval of the Office of State Budget and Management. The Department of Environment and Natural Resources shall provide an annual report to the Office of State Budget and Management and to the Fiscal Research Division of the Legislative Services Office on the use of fees collected pursuant to this section."
SECTION 3.  G.S. 120‑70.61 reads as rewritten:
"§ 120‑70.61.  Membership; cochairs; vacancies; quorum.
(a)	The Joint Legislative Commission on Seafood and Aquaculture shall consist of 15 members:  four Senators appointed by the President Pro Tempore of the Senate; four Representatives appointed by the Speaker of the House of Representatives; four members appointed by the Governor; and three members appointed by the Commissioner of Agriculture. The members shall serve at the pleasure of their appointing officer.
(b)	The President Pro Tempore of the Senate shall designate one Senator to serve as cochair, and the Speaker of the House of Representatives shall designate one Representative to serve as cochair.
(c)	Except as otherwise provided in this section, a member of the Commission shall continue to serve for so long as the member remains a member of the General Assembly and no successor has been appointed. A member of the General Assembly who does not seek reelection or is not reelected to the General Assembly may complete a term of service on the Commission until the day on which a new General Assembly convenes. A member of the Commission who resigns or is removed from service in the General Assembly shall be deemed to have resigned or been removed from office on the Commission. Any vacancy that occurs on the Commission shall be filled in the same manner as the original appointment.
(d)	A quorum of the Commission shall consist of eight members."
SECTION 4.  G.S. 120‑70.62 reads as rewritten:
"§ 120‑70.62.  Powers and duties.
The Commission shall have the following powers and duties:
…
(4)	To evaluate actions of the Division of Marine Fisheries of the Department of Environment and Natural Resources, the Wildlife Resources Commission of the Department of Environment and Natural Resources and of any other board, commission, department, or agency of the State or local government as such actions relate to the seafood and aquaculture industries;
…."
SECTION 5.  G.S. 120‑70.63 reads as rewritten:
"§ 120‑70.63.  Additional powers.
The Commission, while in the discharge of official duties, may exercise all the powers of a joint committee of the General Assembly provided for under the provisions of G.S. 120‑19, and G.S. 120‑19.1 through G.S. 120‑19.4. The Commission may meet at any time upon the call of either cochair, whether or not the General Assembly is in session. The Commission may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission."
SECTION 6.  The Commission for Health Services shall adopt rules to implement the provisions of Section 1 of this act so that the rules become effective on or before 1 January 2007.
SECTION 7.  Section 1 of this act becomes effective 1 January 2007.  Sections 2 through 7 of this act are effective when it becomes law.