NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 590

SENATE BILL 769

 

 

AN ACT TO ESTABLISH IN THE DEPARTMENT OF ADMINISTRATION AN ADMINISTRATIVE BOARD FOR THE NORTH CAROLINA MARINE RESOURCES CENTER.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 143 of the North Carolina General Statutes is amended by adding a new Article 37B to read as follows:

"ARTICLE 37B.

"Marine Resources Center Administrative Board.

"§ 143-347.10.  Administrative board created. — There is hereby created and established within the North Carolina Marine Science Council a board to be known as the North Carolina Marine Resources Center Administrative Board. Appointment to the North Carolina Marine Resources Center Administrative Board does not constitute appointment to or membership in the Marine Science Council.

"§ 143-347.11.  Membership; terms; expenses. — (a) The Marine Resources Center Administrative Board shall consist of 16 voting members -presenting the following institutions, agencies and professions and appointed by the Governor from nominations submitted as follows:

(1)        Four members of the North Carolina Marine Science Council nominated by the North Carolina Marine Science Council to serve as ex officio members of the board.

(2)        The Secretary of the Department of Natural and Economic Resources and the Secretary of the Department of Administration or their designees shall serve as ex officio members of the board.

(3)        One representative of the office of the University of North Carolina Sea Grant Program nominated by the Executive Director of the University of North Carolina Sea Grant Program.

(4)        One representative who shall be actively engaged with and have experience in a marine based industry nominated by the Governor.

(5)        One representative actively engaged in teaching classes in marine vocational education in the community college system nominated by the president of the North Carolina Department of Community Colleges.

(6)        One representative actively engaged in marine vocational education at the high school level nominated by the Superintendent of Public Instruction.

(7)        One representative of Dare County nominated by the Board of County Commissioners of Dare County.

(8)        One representative of Carteret County nominated by the Board of County Commissioners of Carteret County.

(9)        One representative of New Hanover County nominated by the Board of County Commissioners of New Hanover County.

(10)      Three representatives of the University of North Carolina nominated by the President of the University of North Carolina upon the recommendation of the University Marine Science Council.

Membership on the Marine Resources Center Administrative Board shall become vacant automatically if a member ceases to quality for nomination to his seat under the terms of this subsection. In the event of a vacancy occurring during a term of office the seat shall be filled in the same manner as the original appointment and shall be for the balance of the unexpired term.

(b)        Membership on the Marine Resources Center Administrative Board and on the North Carolina Marine Science Council is hereby declared to be an office that may be held concurrently with other elective or appointive offices in addition to the maximum number of offices permitted to be held by one person under G.S. 128-1.1.

(c)        The members shall serve staggered terms of office of six years At the expiration of each member's term, the Governor shall reappoint or replace the member with a new member of like qualifications in accordance with the procedure established in subsection (a). The initial term shall be determined by the Governor in accordance with customary practice but four of the initial members shall be appointed for four-year terms and four for two-year terms.

(d)        In the event of a vacancy arising otherwise than by expiration of term, the Governor shall appoint a successor of like qualifications in accordance with the procedure established in subsection (a), who shall then serve the remainder of his predecessor's term.

(e)        The chairman of the board shall be designated by the Governor from among the members of the board to serve as chairman at the pleasure of the Governor.

(f)         The chairman and members of the board shall serve without compensation for their services, but shall be entitled to reimbursement for the actual and necessary expenses incurred in the performance of their official duties to the same extent as allowed other State officers.

"§ 143-347.12.  Rules of procedure; meetings; cooperation of other agencies. — The board shall adopt its own rules of procedure and shall meet at such times and in such places as it may deem necessary to carry out its functions. The board is authorized to secure directly from any executive department, agency, subdivision or independent instrumentality of State or local governments, any information it deems necessary to carry out its functions. Each department, agency, subdivision and independent instrumentality of State or local government is authorized to cooperate with the board, and, to the extent permitted by law, to furnish information to the board, as the board deems necessary, upon request made by the chairman.

"§ 143-347.13.  Duties and responsibilities. — The board shall have the following duties and responsibilities:

(1)        To adopt goals and objectives for the centers and continually to review and revise these goals and objectives.

(2)        To review and submit to the Secretary of the Department of Administration for approval requests for use of the center facilities and to advise the Secretary of the Department of Administration on the most appropriate utilization consistent with the goals and objectives of the center and the current overall State plan provided by the Marine Science Council.

(3)        To continually review and evaluate the types of projects and programs being carried out in the center facilities and to determine if the operation of the facilities is in compliance with the established goals and objectives.

(4)        To recommend to the Secretary of the Department of Administration such policies and procedures needed to assure effective staff performance and proper liaison between center facilities in carrying out the overall purposes of the center programs.

(5)        To report annually to the Marine Science Council on the overall center operation and solicit from the Marine Science Council suggestions for program improvement.

(6)        To review center budget submissions to the Secretary of the Department of Administration for review and approval and inclusion in the budget request.

(7)        To recruit, and recommend to the Secretary of the Department of Administration, candidates for the positions of program administrator and the three center administrators.

"§ 143-347.14.  Staff and financial support. — The Secretary of the Department of Administration shall furnish such staff and financial support to the board as may be necessary to carry out its functions from funds appropriated or available for these purposes."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 13th day of June, 1975.