Bill Summaries: H749 MODIFY STATE PORTS AUTHORITY.

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  • Summary date: Jun 3 2011 - View Summary

    House committee substitute makes the following changes to 1st edition. Deletes amendments to GS 143B-454 made in the previous edition. Enacts new subsection (i) to GS 143B-452 to limit membership terms on the State Ports Authority (Authority) to 12 consecutive years. Rewrites GS 143B-455 to include additional language stating that the Authority is subject to GS 146-29.1 and must report in detail all transactions relating to the acquisition or disposition of real property or any estate or interest in real property to the Joint Legislative Commission on Governmental Operations. Rewrites GS 143B-465(c) to provide that, before exercising an exemption under the subsection, the Authority, through its Executive Director, must give written notice of the Authority’s intent to exercise the exemption to the Secretary of Administration and to individual members of the Authority’s board. Requires the Executive Director to report to the Authority’s board at each meeting on any contracts to which an exemption was applied since the last meeting of the board. Deletes provisions in proposed GS 143B-468.1 (rental of Authority properties) and instead enacts new GS 143B-468.1 to provide that contracts for services published in the Authority’s tariff for which the price deviates by more than 20% from the published tariff rate must be approved by the Council of State prior to the Authority entering into the contract. Directs the Authority to report quarterly to the Joint Legislative Commission on Government Operations on any such contracts. Makes other clarifying changes.


  • Summary date: Apr 7 2011 - View Summary

    Amends GS 143B-452(e), which details appointments made to the NC State Ports Authority (Authority), to clarify that all appointments made by the General Assembly have two year terms, except for terms expiring on or after June 30, 2011, after which appointments will have four year terms. Amends GS 143B-453, which sets out the Authority’s purposes, to add that the Authority must foster and stimulate private industry rather than directly compete with private industry. Makes a clarifying change to GS 143B-454. Repeals GS 143B-457, which provides the Authority’s power of eminent domain. Amends GS 143B-465 by deleting subsection (c), which exempts the Authority from specified statutes. Makes a clarifying change. Enacts new GS 143B-468, directing the Authority to publish, on the Authority’s website within 48 hours of submission, all requests for contracts with the Authority and all contracts bid by the Authority, including specified information. Directs the Authority to publish an annual report of all contract activity. Specifies that the publication requirement does not apply to bids received by the Authority. Enacts new GS 143B-468.1, directing the Authority to publish the availability of any property and allow the public to acquire the lease, before leasing any property. Specifies that the lease is subject to a competitive bid process, unless the property is fungible. The provisions above become effective October 1, 2011.
    Authorizes the Legislative Research Commission (Commission) to study the cost and feasibility of burying or raising the power lines currently extending across the Cape Fear River in order to allow ocean-going vessels to travel past the point where the lines cross the river. Requires the Commission to consider certain methods to move the lines, and to include a cost comparison. Directs the Authority to pay the costs of the Commission study, if applicable.