2005 North Carolina Code - General Statutes Article 34 - Local Affairs.

Article 34.

Local Affairs.

§ 143‑319: Repealed by Session Laws 1973, c.� 1262, s. 51.

 

§ 143‑320.� Definitions.

As used in this Article, unless the context otherwise requires:

(1)������ "Department" means the Department of Environment and Natural Resources.

(2)������ "Secretary" means the Secretary of Environment and Natural Resources.

(3)������ "Recreation" means those interests that are diversionary in character and that aid in promoting entertainment, pleasure, relaxation, instruction, and other physical, mental, and cultural developments and experiences of a leisure nature, and includes all governmental, private nonprofit and commercial recreation forms of the recreation field and includes parks, conservation, recreation travel, the use of natural resources, wilderness and high density recreation types and the variety of recreation interests in areas and programs which are incorporated in this range. (1969, c. 1145, s. 1; 1973, c. 1262, s. 51; 1977, c. 771, ss. 4, 8; 1989, c. 727, s. 168; 1997‑443, s. 11A.119(a).)

 

§§ 143‑321 through 143‑322.� Repealed by Session Laws 1973, c. 1262, s. 51.

 

§ 143‑323.� Functions of Department of Environment and Natural Resources.

(a)������ Recreation. � The Department of Environment and Natural Resources shall have the following powers and duties with respect to recreation:

(1)������ To study and appraise the 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, and other political subdivisions of the State, to aid them in the administration, finance, planning, personnel, coordination and cooperation of recreation organizations and 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 appropriate State, federal, and local agencies and private membership groups and commercial recreation interests in the promotion of recreation opportunities, and to represent the State in recreation conferences, study groups, and other matters of recreation concern.

(6)������ To accept gifts, bequests, devises, and endowments. The funds, if given as an endowment, shall be invested in securities designated by the donor, or if there is no such designation, in securities in which the State sinking fund may be invested. All such gifts, bequests, and devises and all proceeds from such invested endowments shall be used for carrying out the purposes for which they were made.

(7)������ To advise agencies, departments, organizations and groups in the planning, application and use of federal and State funds which are assigned 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.

(8)������ To act jointly, when advisable, with any other State, local or federal agency, institution, private individual or group in order to better carry out the Department's objectives and responsibilities.

(b)������ Repealed by Session Laws 1977, c. 70, s. 32.

(c)������ Repealed by Session Laws 1989, c. 751, s. 5, effective July 1, 1989.

(d)������ Federal Assistance. � The Department, with the approval of the Governor, may apply for and accept grants from the federal government and its agencies and from any foundation, corporation, association, or individual, and may comply with the terms, conditions, and limitations of the grant, in order to accomplish any of the purposes of the Department. Grant funds shall be expended pursuant to the Executive Budget Act.

(e)������ General. � The Department shall have the following general powers and duties.

(1)������ To study and to sponsor research on all aspects of local government and of relationships between the federal government, the State and local governments in North Carolina.

(2)������ To collect, collate, analyze, publish, and disseminate information necessary for the effective operation of the Department and useful to local government.

(3)������ To maintain an inventory of data and information, and to act as a clearinghouse of information and as a referral agency with respect to State, federal, and private services and programs available to local government; and to facilitate local participation in those programs by furnishing information, education, guidance, and technical assistance with respect to those programs.

(4)������ To assist in coordinating State and federal activities relating to local government.

(5)������ To assist local governments in the identification and solution of their problems.

(6)������ To assist local officials in bringing specific governmental problems to the attention of the appropriate State, federal, and private agencies.

(7)������ To advise and assist local governments with respect to intergovernmental contracts, joint service agreements, regional service arrangements, and other forms of intergovernmental cooperation.

(8)������ To inform and advise the Governor on the affairs and problems of local government and on the need for the administrative and legislative action with respect to local government. (1969, c. 1145, s. 1; 1973, c. 1262, s. 51; 1977, c. 70, s. 32; c. 771, s. 4; 1989, c. 727, s. 218(116); c. 751, s. 5; 1997‑443, s. 11A.119(a).)

 

§ 143‑324.� Repealed by Session Laws 1973, c. 1262, s. 51.

 

§ 143‑325.� Functions of committees.

(a)������ Repealed by Session Laws 1973, c. 1262, s. 51.

(b)������ Committee on Law and Order. � The Committee on Law and Order shall have policy‑making and supervisory authority over the policies, programs, and activities of the Department in the field of the administration of criminal justice in assisting and participating with State and local law‑enforcement agencies, at their request, to improve law enforcement and the administration of criminal justice.

(c)������ Repealed by Session Laws 1973, c. 1262, s. 51. (1969, c. 1145, s. 1; 1973, c. 1262, s. 51.)

 

§ 143‑326.� Transfer of functions, records, property, etc.

(a)������ All of the powers, duties, functions, records, property, supplies, equipment, personnel, funds, credits, appropriations, quarterly allotments, and executory contracts of the North Carolina Recreation Commission are transferred to the Department of Local Affairs, effective July 1, 1969. All statutory references to the "North Carolina Recreation Commission" or the "Recreation Commission" are amended to read "North Carolina Department of Local Affairs."

(b)������ All of the powers, duties, functions, records, property, supplies, equipment, personnel, funds, credits, appropriations, quarterly allotments, and executory contracts of the Governor's Committee on Law and Order are transferred to the Department of Local Affairs, effective July 1, 1969. All statutory references to the "Governor's Committee on Law and Order" are amended to read "North Carolina Department of Local Affairs."

(c)������ All of the powers, duties, functions, records, property, supplies, equipment, personnel, funds, credits, appropriations, quarterly allotments, and executory contracts of the Division of Community Planning of the Department of Conservation and Development are transferred to the Department of Local Affairs.

(d)������ Such portion of the powers, duties, functions, records, property, supplies, equipment, personnel, funds, credits, appropriations, quarterly allotments, and executory contracts of the State Planning Task Force Division of the Department of Administration as the Governor may designate is transferred to the Department of Local Affairs, effective July 1, 1969.

(e)������ The transfers directed by subsections (a) through (d), above shall be made under the supervision of the Governor, and he shall be the final arbiter of all differences or disputes arising incident to those transfers.

(f)������� No transfer of functions to the Department of Local Affairs provided for in this Article shall affect any action, suit, proceeding, prosecution, contract, lease, agreement, or other business transaction involving any of those functions that was initiated, undertaken, or entered into prior to or pending the time of the transfer, except that the Department shall be substituted for the agency from which the function was transferred, and as far as practicable the procedure provided for in this Article shall be employed in completing or disposing of the matter. All rules, regulations, and policies of the agencies from which powers, duties, and functions are herein transferred to the Department of Local Affairs shall continue in force as rules, regulations, and policies of the Department of Local Affairs until altered pursuant to G.S. 143‑ 320(9). (1969, c. 1145, s. 1; 1973, c. 1262, s. 51.)

 

§ 143‑327.� Repealed by Session Laws 1973, c. 1262, s. 51.

 

§ 143‑328.� Reserved for future codification purposes.