NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 542

HOUSE BILL 656

 

 

AN ACT TO REWRITE ARTICLE 20 OF CHAPTER 143 OF THE GENERAL STATUTES RELATING TO THE NORTH CAROLINA RECREATION COMMISSION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 20 of Chapter 143 of the General Statutes of North Carolina, including Sections 143-205 through 143-210, is hereby rewritten to read as follows:

"G.S. 143-205.  Recreation Commission. There is hereby created an agency to be known as the North Carolina Recreation Commission.

"G.S. 143-206.  Definitions. (1) Recreation, for the purposes of this Act, is defined to mean those activities which are diversionary in character and which aid in promoting entertainment, pleasure, relaxation, instruction, and other physical, mental, and cultural developments and experiences of a leisure nature.

"(2)      Commission means the North Carolina Recreation Commission.

"(3)      Committee means the Advisory Recreation Committee.

"(4)      Council means the Governor's Coordinating Council on Recreation.

"G.S. 143-207.  Membership of Recreation Commission; Term.

"(1)      The recreation commission shall consist of ten members, and shall include the Governor, the chairman of the committee, a representative of the council, the President of the North Carolina Recreation Society, and six other members who shall be appointed by the Governor. The six original members so appointed by the Governor shall serve for terms as follows: One member shall be appointed for a term of six (6) years, one for a term of five (5) years, one for a term of four (4) years, one for a term of three (3) years, one for a term of two (2) years, and one for a term of one (1) year. Successive members shall be appointed to serve for terms of six (6) years each. In addition, the Governor shall appoint the representative of the council who shall serve for a term of two (2) years. The committee chairman and the President of the North Carolina Recreation Society shall serve on the commission only while holding these offices.

"(2)      In making appointments to the commission, the Governor shall choose persons who understand the rural, urban, governmental, private and professional membership groups, and commercial recreation interests of North Carolina and the Nation. The commission shall elect one of its members to act as chairman. A majority of the commission shall constitute a quorum.

"(3)      Any appointed member of the commission may be removed by the Governor.

"(4)      Vacancies in the commission shall be filled by the Governor for the unexpired term.

"(5)      The commission shall meet quarterly on dates to be fixed by the chairman. The commission may be convoked at such other times as the Governor or chairman may deem necessary.

"(6)      Members of the commission shall be allowed travel and maintenance expense at the rates allowed to members of other State commissions and boards while attending meetings of the commission, or its committees, or while engaged in the performance of official duties for the commission.

"G.S. 143-208.  Duties of the Commission. It shall be the duty of the commission: "(1) To study and appraise recreation needs of the State and to assemble and disseminate information relative to recreation.

"(2)      To cooperate in the promotion and organization of local recreation systems for counties, municipalities, townships, and other political subdivisions of the State and to aid them in designing and laying out recreation areas and facilities, and to advise them in the planning and financing of recreation programs.

"(3)      To aid in recruiting, training, and placing recreation workers, and to promote recreation institutes and conferences.

"(4)      To establish and promote recreation standards.

"(5)      To cooperate with State and Federal agencies, the Governor's Coordinating Council on Recreation, the Recreation Advisory Committee, private membership groups and with commercial recreation interests, in the promotion of recreation opportunities, and to act as representative of the State in recreation conferences, study groups, and other matters of recreation concern.

"(6)      To submit a biennial report of its activities to the Governor.

"G.S. 143-209.  Powers of Commission. The commission is hereby authorized:

"(1)      To make rules and regulations for the proper administration of its duties.

"(2)      To accept any grant of funds made by the United States, or any agency thereof, for the purpose of carrying out any of its functions.

"(3)      To accept gifts, bequests, devises and endowments. The funds, if given as an endowment, shall be invested in such securities as designated by the donor, or, if there is no designation, in those in which the State Sinking Fund may be invested. All such gifts, bequests, devises, and all proceeds from such invested endowments, shall be used for carrying out the purpose for which they are made.

"(4)      To administer all funds available to the commission, and to advise agencies, departments, organizations and groups in the planning, application and use of Federal and State funds which are assigned to or administered by the State for recreation programs and services on land and water recreation areas and on which the State renders advisory or other recreation services or upon which the State exercises control.

"(5)      To act jointly, when advisable, with any other State agency, institution, department, board or commission in order to carry out the commission's and other objectives and responsibilities. The commission and other agencies shall cooperate in the furtherance of the purposes of this Act.

"(6) To employ, with the approval of the Governor, an executive director, and upon the recommendation of the executive director such other persons as may be needed to carry out the provisions of this Act. The executive director shall act as secretary to the commission.

"(7)      To serve as the recreation coordinative and advisory agency for the Governor, the Council of State and the agencies and departments of State government when the use of Federal funds for recreation purposes are contemplated, are requested, or are made available for use in North Carolina.

"G.S. 143-210.  Advisory Committee. The Governor shall name a Recreation Advisory Committee consisting of thirty members who shall serve for terms of two (2) years. The Governor shall name one member to act as a chairman of the committee. Vacancies occurring on the committee shall be filled by the Governor for the unexpired term.

"Members of the committee shall represent, insofar as feasible, all groups and phases of beneficial recreation in the State.

"The committee shall meet once each year with the commission at a time and place to be fixed by the commission. Members of the commission shall serve without compensation, but shall be allowed travel and maintenance expense at the rates allowed to members of other State commissions and boards for attendance at the annual meeting and such other meetings as may be recommended by the executive director and approved by the chairman.

"The committee shall act in an advisory capacity to the commission, discuss recreation needs of the State, exchange ideas, and make to the commission recommendations for the advancement of recreation opportunities.

"G.S. 143-210.1.  Governor's Coordinating Council on Recreation.

"(1)      The Governor shall name a Governor's Coordinating Council on Recreation. Members shall be appointed for two-year terms from the staff and boards or commissions of agencies and departments of State government, from regional and Federal agencies and departments, from State and national groups and from private and commercial agencies and organizations.

"(2)      The council shall act in a State recreation correlation capacity, for the Governor and the commission.

"(3)      The Governor shall appoint, for two-year terms, a council member who shall serve as the representative of the Governor and the council and as a commissioner on the commission.

"(4)      The council shall meet quarterly, and at other times, at the call of the Governor, who shall serve as chairman. The chairman of the commission shall be vice-chairman of the council and shall serve as its chairman in the absence of the Governor."

Sec. 2.  If any provision of this Act, or the application thereof, is held invalid, such invalidity shall not affect other provisions or application of this Act, and to this end the provisions of this Act are declared to be severable.

Sec. 3.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 23rd day of May, 1963.