North Carolina § 143B-135 - 215. Commission created; membership.

§ 143B-135. 215. Commission created; membership.

There is created an Advisory Commission for the North Carolina State Museum of Natural Sciences which shall determine its own organization. It shall consist of at least nine members, which shall include the Director of the North Carolina State Museum of Natural Sciences, the Commissioner of Agriculture, the State Geologist and Secretary of Natural and Cultural Resources, the Director of the Institute of Fisheries Research of the University of North Carolina, the Director of the Wildlife Resources Commission, the Superintendent of Public Instruction, or qualified representative of any or all of the above-named members, and at least three persons representing the East, the Piedmont, and the Western areas of the State. Members appointed by the Governor shall serve for four-year staggered terms. Terms shall begin on 1 September. Members appointed by the Governor shall not serve more than three consecutive four-year terms. Any member may be removed by the Governor for cause. History (1961, c. 1180, s. 1; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s. 218(119); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1993, c. 561, ss. 116(b), (f); 1997-443, s. 11A.119(a); 2007-495, s. 4(a); 2015-241, s. 14.30(k), (r).) State Government Reorganization. - The Museum of Natural History Advisory Commission was transferred to the Department of Agriculture by former G.S. 143A-66, enacted by Session Laws 1971, c. 864. See now G.S. 143B-135.215 et seq. Editor's Note. - Former Part 29 of Article 7 of Chapter 143B (G.S. 143B-344.18 to G.S. 143B-344.23) was recodified as Part 40 of Article 2 of Chapter 143B (G.S. 143B-135.215 to G.S. 143B-135.229) by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Part as rewritten and recodified. Former G.S. 143B-344.18 was recodified as G.S. 143B-135.215 by Session Laws 2015-241, s. 14.30(k), effective July 1, 2015. Prior to that, this Part was Article 40 of Chapter 143 , as rewritten and recodified by Session Laws 1993, c. 561, s. 116(b), effective August 1, 1993. Session Laws 1993, c. 561, which recodified this section, in s. 116(a) provides: "The statutory authority, powers, duties, and functions, records, personnel, property, and unexpended balances of approprations, allocations, or other funds of (i) the North Carolina State Museum of Natural Sciences, and of (ii) the Advisory Commission established in Article 40 of Chapter 143 of the General Statutes for the North Carolina State Museum of Natural Sciences, are transferred from the Department of Agriculture to the Department of Environment, Health, and Natural Resources [now the Department of Environment and Natural Resources]. This transfer has all of the elements of a Type I transfer as defined by G.S. 143A-6." Session Laws 2007-495, s. 4(b), provides: "In order to provide four-year staggered terms for members of the Advisory Commission for the North Carolina State Museum of Natural Sciences, the Governor shall, at the Governor's discretion, extend the terms for those appointees whose terms shall expire on 31 August 2007 to 31 August 2009 and extend the terms for those appointees whose terms shall expire on 31 August 2008 to 31 August 2010. The three-term limitation provision set out in G.S. 143B-344.18, as amended by subsection (a) of this section, shall not apply to persons who are members of the Advisory Commission for the North Carolina State Museum of Natural Sciences at the time this act becomes law." This act became law on August 30, 2007. Session Laws 2015-241, s. 14.30(r), effective July 1, 2015, substituted the Part heading for one which formerly read: "Advisory Commission for North Carolina State Museum of Natural Sciences." Session Laws 2015-241, s. 14.30(a), as amended by Session Laws 2015-268, s. 5.4(a), provides: "The Department of Cultural Resources is renamed the Department of Natural and Cultural Resources, and all functions, powers, duties, and obligations vested in the following programs, divisions, and entities within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type I transfer, as defined in G.S. 143A-6: "(1) The Division of Parks and Recreation. "(2) The State Parks System, including Mount Mitchell State Park. "(3) The North Carolina Aquariums Division. "(4) The North Carolina Zoological Park. "(5) The North Carolina Museum of Natural Sciences. "(6) Clean Water Management Trust Fund. "(7) The Natural Heritage Program, within the Office of Land and Water Stewardship." Session Laws 2015-241, s. 14.30(b), provides: "All functions, powers, duties, and obligations vested in the following commissions, boards, councils, and committees within the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Department of Natural and Cultural Resources by a Type II transfer, as defined in G.S. 143A-6: "(1) North Carolina Parks and Recreation Authority. "(2) North Carolina Trails Committee. "(3) North Carolina Zoological Park Council. "(4) Advisory Commission for North Carolina State Museum of Natural Sciences. "(5) Clean Water Management Trust Fund Board of Trustees." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2007-495, s. 4.(a), effective August 30, 2007, substituted "four-year staggered terms." for "terms of two years with the first appointments to be made effective September 1, 1961." in the second sentence and added the next-to-last sentence. Session Laws 2015-241, s. 14.30(r), effective July 1, 2015, substituted "Secretary of Natural and Cultural Resources" for "Secretary of Environment and Natural Resources" in the second sentence.