GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	3 

HOUSE BILL 430
Second Edition Engrossed 5/13/97
Senate Agriculture/Environment/Natural Resources Committee Substitute Adopted 6/23/97

Short Title:  Permissible Sales at Zoo/AB.	(Public)

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Sponsors:

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Referred to:  

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March 10, 1997

A BILL TO BE ENTITLED
AN ACT TO EXEMPT THE NORTH CAROLINA ZOOLOGICAL PARK FROM THE UMSTEAD ACT, WHICH PROHIBITS STATE GOVERNMENT FROM ENGAGING IN THE SALE OF GOODS IN COMPETITION WITH CITIZENS OF THE STATE, AND TO PROVIDE FOR THE ADOPTION OF RULES AUTHORIZING SPECIAL-USE PERMITS FOR THE USE OF PYROTECHNICS IN STATE PARKS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 66-58(c) is amended by adding a new subdivision to read:
"(18)	The leasing of no more than 50 acres within the North Carolina Zoological Park by the Department of Environment, Health, and Natural Resources to the North Carolina Zoological Society for the maintenance or operation, pursuant to a contract or otherwise, of an exhibition center, theater, conference center, and associated restaurants and lodging facilities."
Section 2.  G.S. 113-35 is amended by adding a new subsection to read:
"( a1)	The Department may adopt rules under which the Secretary may issue a special-use permit authorizing the use of pyrotechnics in State parks in connection with public exhibitions.  The rules shall require that experts supervise the use of pyrotechnics and that written authorization for the use of pyrotechnics be obtained from the board of commissioners of the county in which the pyrotechnics are to be used, as provided in G.S. 14-410.  The Secretary may impose any conditions on a permit that the Secretary determines to be necessary to protect public health, safety, and welfare.  These conditions include, but are not limited to, a requirement that the permitee execute an indemnification agreement with the Department and obtain general liability insurance covering personal injury and property damage that may result from the use of pyrotechnics with policy limits as determined by the Secretary."
Section 3.  This act constitutes a recent act of the General Assembly within the meaning of G.S. 150B-21.1.  The Department of Environment, Health, and Natural Resources may adopt temporary rules to implement the provisions of G.S. 113-35(a1), as enacted by Section 2 of this act.
Section 4.  This act is effective when it becomes law.