North Carolina § 75A-3 - Wildlife Resources Commission to administer Chapter; Boating Safety Committee; funds for administration.

§ 75A-3. Wildlife Resources Commission to administer Chapter; Boating Safety Committee; funds for administration.

The Commission shall enforce and administer the provisions of this Chapter. The chair of the Commission shall designate from among the members of the Commission three members who shall serve as the Boating Safety Committee of the Commission, and who shall, in their activities with the Commission, place special emphasis on the administration and enforcement of this Chapter. The Boating Account is established within the Wildlife Resources Fund created under G.S. 143-250. Interest and other investment income earned by the Account accrues to the Account. All moneys collected pursuant to the numbering and titling provisions of this Chapter shall be credited to this Account. Motor fuel excise tax revenue is credited to the Account under G.S. 105-449.126. The Commission shall use revenue in the Account, subject to the Executive Budget Act and the Personnel Act, for the administration and enforcement of this Chapter; for activities relating to boating and water safety including education and waterway marking and improvement; and for boating access area acquisition, development, and maintenance. The Commission shall use at least three dollars ($3.00) of each one-year certificate of number fee and at least nine dollars ($9.00) of each three-year certificate of number fee collected under the numbering provisions of G.S. 75A-5 for boating access area acquisition, development, and maintenance. The Commission shall transfer on a quarterly basis fifty percent (50%) of each one-year certificate of number fee and fifty percent (50%) of each three-year certificate of number fee collected under the numbering provisions of G.S. 75A-5 to the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund established by G.S. 143-215.73F. History (1959, c. 1064, s. 3; 1961, c. 644; 1963, c. 1003; 1981 (Reg. Sess., 1982), c. 1182, s. 2; 1993, c. 422, s. 1; 1995, c. 390, s. 13; 1999-392, s. 5; 2006-185, s. 1; 2007-485, s. 4.1; 2013-360, s. 14.22(a); 2013-380, s. 3; 2014-100, s. 14.19(b); 2016-94, s. 14.12(b).) State Government Reorganization. - The Wildlife Resources Commission was transferred to the Department of Natural and Economic Resources (now the Department of Environmental Quality) by former G.S. 143A-118, enacted by Session Laws 1971, c. 864. Editor's Note. - Session Laws 2013-360, s. 14.22(i), provides: "Nothing in this section shall affect the validity, term, or cost of any certificate of number or certificate of title issued prior to October 1, 2013." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5 is a severability clause. Session Laws 2013-380, s. 12, made the amendments to the section heading and subsection (b) by Session Laws 2013-380, s. 3, applicable to offenses committed on or after December 1, 2013. Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.7, is a severability clause. Effect of Amendments. - Session Laws 2006-185, s. 1, effective January 1, 2007, and applicable to offenses committed on or after January 1, 2007, substituted "Vessel" for "Motorboat" in the middle of the section catchline; in subsection (a), substituted "The" for "It shall be the duty and responsibility of the North Carolina Wildlife Resources" at the beginning and substituted "shall" for "to" near the middle; in subsection (b), deleted "Wildlife Resources" preceding "Commission" throughout this subsection, substituted "chair" for "chairman" at the beginning and substituted "Vessel" for "Motorboat" in the middle; in subsection (c), substituted "Motor fuel" for "Gasoline" at the beginning of the third sentence, substituted "The Commission shall use revenue in the Account" for "Revenue in the Account shall be used by the Wildlife Resources Commission" at the beginning of the fourth sentence, and, in the fifth sentence, substituted "The Commission shall use at" for "At", substituted "certificate of number" for "vessel registration", substituted "certificate of number" for "vessel registration", and deleted "shall be used" preceding "for boating" near the end. Session Laws 2007-485, s. 4.1, effective January 1, 2008, added the second sentence in subsection (c). Session Laws 2013-360, s. 14.22(a), effective October 1, 2013, added the last sentence in subsection (c). For applicability, see editor's note. Session Laws 2013-380, s. 3, effective December 1, 2013, substituted "Boating Safety Committee" for "Vessel Committee" in the section heading and subsection (b). For applicability, see editor's note. Session Laws 2014-100, s. 14.19(b), effective July 1, 2014, substituted "Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund" for "Shallow Draft Navigation Channel and Lake Dredging Fund" in the last sentence in subsection (c). Session Laws 2016-94, s. 14.12(b), effective July 1, 2016, substituted "Aquatic Weed Fund" for "Lake Maintenance Fund" near the end of subsection (c).