Bill Text: NC H686 | 2013-2014 | Regular Session | Chaptered
Bill Title: NC Seafood Park/Name Change
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-26 - Ch. SL 2013-211 [H686 Detail]
Download: North_Carolina-2013-H686-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-211
HOUSE BILL 686
AN ACT to rename the NC Seafood Industrial Park Authority to reflect its broader mission and to make other modifications to the authority's enabling legislation.
The General Assembly of North Carolina enacts:
SECTION 1. Article 23C of Chapter 113 of the General Statutes reads as rewritten:
"Article 23C.
"North Carolina Seafood
Marine Industrial Park Authority.
"§ 113‑315.25. Creation of Authority; membership; appointment; terms and vacancies; officers; meetings and quorum; compensation.
(a) There is hereby created
the North Carolina Seafood Marine Industrial Park Authority. It
shall be governed by a board composed of 11 members to be appointed as follows.
The Board is hereby designated as the Authority.
(b) Nine members shall be appointed by the Governor.
The initial appointments by the
Governor shall be made on or after the date of ratification, four terms to
expire July 1, 1981; four terms to expire July 1, 1983; and one term to expire
July 1, 1985. Thereafter, at the expiration of each stipulated term of office
all appointments shall be for a term of four years. The members of the
Authority shall be selected as follows: one member be appointed to the
Authority for a term to expire July 1, 1983, who is a resident of the a
village or town where the a Seafood Marine Industrial
Park is located; one member be appointed to the Authority for a term to expire
July 1, 1983, who is a resident of the a county where the a
Seafood Marine Industrial Park is located; two members be
appointed to the Authority for terms which expire July 1, 1981, from the area
of the State where the a Seafood Marine Industrial
Park is located; five members (two terms expire July 1, 1981; two terms expire
July 1, 1983; and one term expires July 1, 1985) be appointed to the Authority
who are residents of the State at large and insofar as practicable shall
represent all the other sections of the State. At the expiration of the terms
for the representatives as stated above the Governor shall use his discretion
on reappointments. However, there shall be no less than five members of the
Authority from coastal counties and there should be at least one member on the
Authority from each village or town in which the Seafood Marine Parks
are located. Any vacancy occurring in the membership of the Authority shall be
filled by the appointing authority for the unexpired term. The Governor shall
have the authority to remove any member appointed by the Governor.
(c) Repealed by Session Laws 1981 (Regular Session, 1982), c. 1191, s. 36.
(d) The General Assembly shall appoint two persons, one upon the recommendation of the Speaker of the House of Representatives, and one upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120‑121, and vacancies in those appointments shall be filled in accordance with G.S. 120‑122. The terms of the initial appointees by the General Assembly shall expire on June 30, 1983. The terms of subsequent appointees by the General Assembly shall be two years.
(e) The Governor shall annually appoint from the members of the Authority the chairman and vice‑chairman of the Authority. The Secretary of Commerce or his designee shall serve as secretary of the Authority.
(f) No person shall serve on the Authority for more than two complete consecutive terms.
(g) The Authority shall meet once in each 90 days at such regular meeting time as the Authority by rule may provide and at any place within the State as the Authority may provide, and shall also meet upon the call of its chairman or a majority of its members. A majority of its members shall constitute a quorum for the transaction of business. The members of the Authority shall not be entitled to compensation for their services, but shall receive per diem and necessary travel and subsistence expense in accordance with G.S. 138‑5 and 138‑6.
"§ 113‑315.26. Personnel.
The Secretary of Commerce shall
appoint such any personnel as deemed necessary who shall serve at
the pleasure of the Secretary of Commerce. The Secretary of Commerce shall have
the power to appoint, employ and dismiss such number ofany
employees as he may deemdeemed necessary to accomplish the
purposes of this Article subject to the availability of funds. It is
recommended that, to the fullest extent possible, the Secretary of Commerce
consult with the Authority on matters of personnel.
…
"§ 113‑315.28. Purposes of Authority.
Through the Authority hereinbefore
created by this Article, the State of North Carolina may engage in
promoting, developing, constructing, equipping, maintaining and operating the
seafoodone or more marine industrial parks within the State, or
within the jurisdiction of the State, and works of internal improvements incident
thereto,related to the purposes set forth in this section, including
the acquisition or construction, maintenance and operation as such seafood
industrial parks of watercraft and facilities thereon located at
the parks or essential for the proper operation thereof. of the
parks. Said The Authority is created as an instrumentality of
the State of North Carolina for the accomplishment of the following general
purposes:
(1) To develop and improve
the Wanchese Seafood Marine Industrial Park, and such other places,marine
industrial parks, including inland ports and facilities, as may be deemed
feasible for a more expeditious and efficient handling of seafood marine
commerce from and to any place or places in the State of North Carolina and
other states and foreign countries;
(2) To acquire, construct,
equip, maintain, develop and improve the port facilities at said the parks
and to maintain, develop, and improve such portions of the the
navigability of waterways thereat in or adjacent to the parks as
are within the jurisdiction of the federal government and the those
waterways connecting the Wanchese Seafood Industrial Parkparks
with the channels of commerce of the Atlantic Ocean, consistent with the
project designed by the United States Army Corps of Engineers pursuant to the
Manteo (Shallowbag) Bay navigation project as authorized in the Rivers and
Harbors Act of 1970 (P.L. 91‑611);Ocean;
(3) To foster and stimulate
the shipment of seafood commerce through said ports, whether originating
within or without the State of North Carolina, including the investigation and handling
of matters pertaining to all transportation rates and rate structures affecting
the same;growth of marine‑related industries in the State of North
Carolina;
(4) To cooperate
with the United States of America and any agency, department, corporation or
instrumentality thereof in the maintenance, development, improvement and use of
said seafood harbors and the waterways connecting the parks with the channels
of commerce of the Atlantic Ocean;
(5) To accept funds from any
of said counties or cities wherein said ports are located containing
a marine industrial park and to use the same in such manner, within the
purposes of said Authority, as shall be stipulated by the said funding
county or city, and to act as agent or instrumentality of any of saidfunding
counties or cities in any matter coming within the general purposes of said
Authority;
(5a) To encourage and develop
the general maritime and marine‑related industries and activities at or
in the vicinity of the seafood marine industrial parks;
(6) And in general to do and
perform any act or function which may tend to be useful toward the development
and improvement of seafood marine industrial parks of in
the State of North Carolina, and to increase the movement of waterborne seafood
marine commerce, foreign and domestic, to, through, and from said
seafood the marine industrial parks.
The enumeration of the above
purposes shall not limit or circumscribe the broad objective of developing to
the utmost the seafood marine industry possibilities of the State
of North Carolina.
"§ 113‑315.29. Powers of Authority.
In order to enable it to carry out the purposes of this Article, the Authority shall:
(1) Have the powers of a body corporate, including the power to sue and be sued, to make contracts, and to adopt and use a common seal and to alter the same as may be deemed expedient;
(2) Have the authority to
make all necessary contracts and arrangements with other seafood marine
industrial park or port authorities of this and other states for the
interchange of business, and for such other purposes as will facilitate and
increase the seafood marine industries;
(3) Be authorized and empowered to rent, lease, buy, own, acquire, mortgage, otherwise encumber, and dispose of such property, real or personal, as said Authority may deem proper to carry out the purposes and provisions of this Article, all or any of them;
(4) Be authorized and
empowered to acquire, construct, maintain, equip and operate any wharves,
docks, piers, quays, elevators, compresses, refrigeration storage plants,
warehouses and other structures, and any and all facilities needful for the
convenient use of the same in the aid of commerce, including the dredging of
approaches thereto;to port facilities at the parks and improving the
navigability of those waterways connecting the parks with the channels of
commerce of the Atlantic Ocean;
(5) Be authorized and
empowered to pay all necessary costs and expenses involved and incident to the
formation and organization of said the Authority, and incident to
the its administration and operation thereof,operation,
and to pay all other costs and expenses reasonably necessary or expedient in
carrying out and accomplishing the purposes of this Article;
(6) Be authorized and
empowered to apply for and accept loans and grants of money from any federal
agency or the State of North Carolina or any political subdivision thereof and
its political subdivisions or from any public or private sources available
for any and all of the purposes authorized in this Article, and to expend the
samethese funds in accordance with the directions and requirements attached
thereto,of the granting or loaning authority, or imposed thereon on
the loans and grants by any such federal agency, the State of North Carolina,
or any political subdivision thereof,Carolina and its political
subdivisions, or any public or private lender or donor, and to give such
evidences of indebtedness as shall be required, provided, however, that no
indebtedness of any kind incurred or created by the Authority shall constitute
an indebtedness of the State of North Carolina, or any of its political subdivisions
thereof,subdivisions, and no such indebtedness shall involve or be
secured by the faith, credit or taxing power of the State of North Carolina, or
any of its political subdivision thereof;subdivisions;
(7) Be authorized and
empowered to act as agent for the United States of America, or any agency,
department, corporation, or instrumentality thereof,of its agencies,
departments, corporations, or instrumentalities in any matter coming within
the purposes or powers of the Authority;
(8) Have power to adopt,
alter or repeal bylaws and rules governing the manner in which its business may
be transacted and in which the power granted to it may be enjoyed, and may
provide for the appointment of such committees, and the functions thereof,any
committees as the Authority may deem necessary or expedient in facilitating
its business;
(8a) Have the authority to assess and collect fees for its services or for the use of its facilities;
(9) Be authorized and empowered to do any and all other acts and things in this Article authorized or required to be done, whether or not included in the general powers in this section mentioned; and
(10) Be authorized and empowered to do any and all things necessary to accomplish the purposes of this Article.
"§ 113‑315.30. Approval of acquisition and disposition of real property.
Any transactions relating to the
acquisition or disposition of real property or any estate or interest in real
property, by the North Carolina State Seafood Marine Industrial
Park Authority, shall be subject to prior review by the Governor and Council of
State, and shall become effective only after the same has been approved by the
Governor and Council of State. Upon the acquisition of real property or other
estate therein,or interest in real property, by the Authority,
the fee title or other estate shall vest in and the instrument of conveyance
shall name the "Seafood North Carolina Marine Industrial
Park Authority" as grantee, lessee, or transferee. Upon the disposition of
real property or any interest or estate therein, the instrument of conveyance
or transfer shall be executed by the North Carolina Seafood Marine Industrial
Park Authority. The approval of any transaction by the Governor and Council of
State may be evidenced by a duly certified copy of excerpt of minutes of the
meeting of the Governor and Council of State, attested by the private secretary
to the Governor or the Governor, reciting such approval, affixed to the
instrument of acquisition or transfer, and said the certificate
may be recorded as a part thereof,of the instrument of acquisition or
transfer, and the same shall be conclusive evidence of review and
approval of the subject transaction by the Governor and Council of State. The
Governor, acting with the approval of the Council of State, may delegate the
review and approval of such classes of lease, rental, easement, or right‑of‑way
transactions as he the Governor deems advisable, and he the
Governor may likewise delegate the review and approval of the severance of
buildings and timber from the land.
"§ 113‑315.31. Issuance of bonds.
(a) As a means of raising
the funds needed from time to time in the acquisition, construction, equipment,
maintenance and operation of any facility, building, structure, or any other
matter or thing which the Authority is herein authorized to acquire,
construct, equip, maintain, or operate,operate by this Article,
all or any of them, the said Authority is hereby authorized at one time
or from time to time to issue with the approval of the Governor negotiable
revenue bonds of the Authority. The principal and interest of revenue bonds
shall be payable solely from the revenue to be derived from the operation of
all or any part of its properties and facilities.
(b) A pledge of the net
revenues derived from the operation of said the properties and
facilities, all or any of them, shall be made to secure the payment of said
bondsthe bonds issued to finance them as and when they mature.
(c) Revenue bonds issued
under the provisions of this Article shall not be deemed to constitute a debt
of the State of North Carolina or a pledge of the faith and credit of the
State. The issuance of such revenue bonds shall not directly or indirectly or
contingently obligate the State to levy or to pledge any form of taxation
whatever therefor or to make any appropriation for their payment.
(d) Such bonds and the
income thereof derived from them shall be exempt from all
taxation within the State.
(e) Notwithstanding any
other provisions of this Article, the State Treasurer shall have the exclusive
power to issue bonds and notes authorized under the act upon request of the
Authority and with the approval of the Governor after receiving the advice of
the Local Government Commission. The State Treasurer in his sole discretion
shall determine the interest rates, maturities, and other terms and conditions
of the bonds and notes authorized by this Article. The North Carolina Seafood
Marine Industrial Park Authority shall determine when a bond issue
is indicated. The Authority shall cooperate with the State Treasurer in
structuring any bond issue in general, and also in soliciting proposals from
financial consultants, underwriters, and bond attorneys.
"§ 113‑315.32. Power of eminent domain.
For the acquiring of rights‑of‑way
and property necessary for the construction of wharves, piers, ships, docks,
quays, elevators, compresses, refrigerator storage plants, warehouses and other
riparian and littoral terminals and structures and approaches thereto,
including the navigation stabilization structures recommended by the United
States Army Corps of Engineers pursuant to the authorization in United States
Public Law 91‑611, and transportation facilities needful for the convenient
use of same, the Authority shall have the right and power to acquire the same
by purchase, by negotiation, or by condemnation, and should it elect to
exercise the right of eminent domain, condemnation proceedings shall be
maintained by and in the name of the Authority, and it may proceed in the
manner provided for the Board of Transportation by Article 9 of Chapter 136 of
the General Statutes. The power of eminent domain shall not apply to property
of persons, State agency or corporations already devoted to public use, other
than lands subject to the power of eminent domain by the State of North
Carolina in the reservation clauses of a deed recorded in the Dare County
Registry at Book 79 Page 548.
"§ 113‑315.33. Exchange of property; removal of buildings, etc.
The Authority may exchange any
property or properties acquired under the authority of this Chapter for other
property, or properties usable in carrying out the powers hereby conferred,conferred
by this Article, and also may remove from lands needed for its purposes and
reconstruct on other locations, buildings, terminals, or other structures, upon
the payment of just compensation, if in its judgment, it is necessary or
expedient so to do in order to carry out any of its plans for seafood marine
industrial park development, under the authorization of this Article.
"§ 113‑315.34. Jurisdiction of the Authority; application of Chapter 20; appointment and authority of special police.
(a) The jurisdiction of the
Authority in any of said harbors or seaports within the State for the
shipment of seafood commercethe parks shall extend to all properties
owned by or under control of the Authority and shall also extend over the
waters and shores of such harbors or seaportswithin the parks and
over that part of all tributary streams flowing into such harbors or
seaportsthe parks in which the tide ebbs and flows, and shall extend
to the outer edge of the outer bar situated at such harbors or
seaports.the approach to the port of any park.
(b) All the provisions of
Chapter 20 of the General Statutes relating to the use of the highways of the
State and the operation of motor vehicles thereon are hereby made applicable to
the streets, alleys and driveways on the properties owned by or under the
control of the North Carolina Seafood Marine Industrial Park
Authority. Any person violating any of the provisions of said Chapter in or on
such streets, alleys or driveways shall, upon conviction thereof, be punished
as therein prescribed. Nothing herein contained shall be construed as in any
way interfering with the ownership and control of such streets, alleys and
driveways on the properties of said Authority as is now vested by law in the
said Authority.
(c) The Authority shall post copies of rules concerning traffic and parking at appropriate places on property of the Authority. Violation of a rule concerning traffic or parking on property of the Authority is a Class 3 misdemeanor.
(d) The Secretary of Commerce is authorized to appoint such number of employees of the Authority as he may think proper as special policemen, who, when so appointed, shall have within the jurisdiction of the Authority all the powers of policemen of incorporated towns. Special policemen may arrest persons who violate State law or a rule adopted by the Authority. Employees appointed as such special policemen shall take the general oath of office prescribed by G.S. 11‑11.
"§ 113‑315.35. Audit.
The operations of the North
Carolina Seafood Marine Industrial Park Authority shall be
subject to the oversight of the State Auditor pursuant to Article 5A of
Chapter 147 of the General Statutes.
"§ 113‑315.36. Building contracts.
(a) The following general
laws, to the extent provided below, do not apply to the North Carolina Seafood
Marine Industrial Park Authority:
(1) Repealed by Session Laws 1999‑368, s. 1.
(2) Except for G.S. 143‑128.2, Article 8 of Chapter 143 of the General Statutes does not apply to public building contracts of the Authority that require the estimated expenditure of public money in an amount less than two hundred fifty thousand dollars ($250,000). With respect to a contract that is exempted from certain provisions of Article 8 under this subdivision, the powers and duties set out in Article 8 shall be exercised by the Authority, and the Secretary of Administration and other State officers, employees, or agencies shall have no duties or responsibilities concerning the contract.
(3) G.S. 143‑341(3) does not apply to plans and specifications for construction or renovation authorized by the Authority that require the estimated expenditure of public money in an amount less than two hundred fifty thousand dollars ($250,000).
(b) Notwithstanding the other provisions of this section, the services of the Department of Administration may be made available to the Authority, when requested by the Authority, with regard to matters governed by Article 8 of Chapter 143 of the General Statutes and G.S. 143‑341(3). The Authority shall report quarterly to the Joint Legislative Commission on Governmental Operations on any building contract to which this exemption is applied. The quarterly report required by this subsection shall specifically include information regarding the Authority's compliance with the provisions of G.S. 143‑128.2.
…
"§ 113‑315.38. Warehouses, wharves, etc., on property abutting navigable waters.
The powers, authority and
jurisdiction granted to the North Carolina Seafood Marine Industrial
Park Authority under this Article and Chapter shall not be construed so as to
prevent other persons, firms and corporations, including municipalities, from
owning, constructing, leasing, managing and operating warehouses, structures
and other improvements on property owned, leased or under the control of
such other persons, firms and corporationsthey own, lease, or control
abutting upon and adjacent to navigable waters and streams in this State, nor
to prevent such other persons, firms and corporations from constructing,
owning, leasing and operating in connection therewith wharves, docks and
piers,piers associated with the warehouses, structures, and other
improvements, nor to prevent such other persons, firms and
corporations from encumbering, leasing, selling, conveying or otherwise dealing
with and disposing of such the properties, facilities, lands and
improvements after such construction.
"§ 113‑315.39. Taxation.
The property of the Authority
shall not be subject to any taxes or assessments thereon.assessments."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 20th day of June, 2013.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 4:36 p.m. this 26th day of June, 2013