GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 2
HOUSE BILL 234
Committee Substitute Favorable 4/1/15
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Short Title: Reinstate Mtn Island Lake Marine Commission. |
(Local) |
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Sponsors: |
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Referred to: |
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March 16, 2015
A BILL TO BE ENTITLED
AN ACT TO authorize the reinstatement of the Mountain island lake MARINE COMMISSION.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 77‑70 reads as rewritten:
"§ 77‑70. Definitions.
For purposes of this Article:
(1) "Board" means the board of commissioners
of one of the three participating counties.
(2) "Commission" means the Mountain Island Lake Marine Commission or its governing board, as the case may be.
(3) "Commissioner" means a member of the governing board of the Mountain Island Lake Marine Commission.
(4) "Joint resolution" means a resolution or
ordinance substantially identical in content adopted separately by the
governing boards in each of the three counties.the participating
counties.
(5) "Mountain Island Lake" means the impounded body of water along the Catawba River in the three counties extending from the Cowans Ford Dam downstream to the Mountain Island Dam.
(5a) "Participating counties" means those of the three counties that have adopted a resolution to participate in the Commission and have not withdrawn.
(6) "Shoreline area" means, except as modified by a joint resolution, the area within the three counties lying within 1,000 feet of the full pond elevation contour on Mountain Island Lake. In addition, the shoreline area includes all islands within Mountain Island Lake and all peninsulas extending into the waters of Mountain Island Lake.
(7) "Three counties" means Gaston, Lincoln, and Mecklenburg Counties.
(8) "Wildlife Commission" means the North Carolina Wildlife Resources Commission."
SECTION 2. G.S. 77‑71 reads as rewritten:
"§ 77‑71. Authority to create Commission; withdrawal from and dissolution of Commission.
(a) The three participating counties
may by joint resolution create the Mountain Island Lake Marine Commission. Upon
its creation the Commission has the powers, duties, and responsibilities
conferred upon it by joint resolution, subject to the provisions of this
Article.
(b) The provisions of any joint resolution may
be modified, amended, or rescinded by a subsequent joint resolution.resolution
made with the unanimous consent of the participating counties.
(c) A county may unilaterally withdraw from
participation as provided by any joint resolution or the provisions of this
Article, once the Commission has been created, and any county may unilaterally
withdraw from the Commission at the end of any budget period upon 90 days prior
written notice. Upon the effectuation of the withdrawal, the Commission is
dissolved, and the Commission continues with the remaining participating
counties, and any property of the withdrawing county shall be distributed as
determined by all participating counties. Upon withdrawal of the final
participating county, all property of the Commission must be distributed to
or divided among the three counties and any other public agency or agencies
serving the Mountain Island Lake area in a manner considered equitable by the
Commission by resolution adopted by it prior to dissolution."
SECTION 3. G.S. 77‑72 reads as rewritten:
"§ 77‑72. Membership; terms.
(a) Upon its creation, the Commission shall
have a governing board of seven. Except as otherwise provided for the
initial appointees, each commissioner shall serve a three‑year term. Upon
creation of the Commission, the Boards of Commissioners of Gaston County and
Mecklenburg County shall appoint three commissioners each, and the Board of
Commissioners of Lincoln County shall appoint one commissioner. Of the initial
appointees:seven members, to be appointed as determined by a joint
resolution of the participating counties, subject to the provisions of this
section.
(1) One commissioner appointed by Gaston
County and one member appointed by Mecklenburg County shall serve one‑year
terms;
(2) One commissioner appointed by Gaston
County and one member appointed by Mecklenburg County shall serve two‑year
terms; and
(3) One member appointed by Gaston County,
one member appointed by Mecklenburg County, and the member appointed by Lincoln
County shall serve three‑year terms.
(b) Any commissioner who has served two consecutive terms, including any initial term of less than three years, may not be reappointed to a third consecutive term. Such a member may, however, be appointed to serve again after the expiration of the term of the member's successor.
(c) On the death of a commissioner, resignation, incapacity, or inability to serve, as determined by the board appointing that commissioner, or removal of the commissioner for cause, as determined by the board appointing that commissioner, the board affected may appoint another commissioner to fill the unexpired term."
SECTION 4. G.S. 77‑73 reads as rewritten:
"§ 77‑73. Compensation; budget.
The joint resolution of the three participating counties
shall state the terms relating to compensation to commissioners, if any,
compensation of consultants and staff members employed by the Commission, and
reimbursement of expenses incurred by commissioners, consultants, and
employees. The Commission shall be governed by those budgetary and accounting
procedures specified by joint resolution."
SECTION 5. G.S. 77‑74 reads as rewritten:
"§ 77‑74. Organization and meetings.
Upon creation of the Commission, its governing board shall
meet at a time and place agreed upon by the boards of the three participating
counties concerned. The commissioners shall elect a chairman and officers
as they choose. All officers shall serve one‑year terms. The governing
board shall adopt rules and regulations as it deems necessary, not inconsistent
with the provisions of this Article or of any joint resolution, for the proper
discharge of its duties and for the governance of the Commission. In order to
conduct business, a quorum must be present. The chairman may adopt those
committees as authorized by those rules and regulations. The Commission shall
meet regularly at times and places as specified in its rules and regulations or
in any joint resolution. However, meetings of the Commission must be held in
all three participating counties on a rotating basis so that an
equal number of meetings is held in each county. Special meetings may be called
as specified in the rules and regulations. The provisions of the Open Meetings
Law, Article 33C of Chapter 143 of the General Statutes, shall apply."
SECTION 6. G.S. 77‑75 reads as rewritten:
"§ 77‑75. Powers of the Commission; administration and funding.
(a) Within the limits of funds available to it and subject to the provisions of this Article and of any joint resolution, the Commission may:
(1) Hire and fix the compensation of permanent and temporary employees and staff as it may deem necessary in carrying out its duties;
(2) Contract with consultants for services it requires;
(3) Contract with the State of North Carolina or the federal government, or any agency or department, or subdivision of them, for property or services as may be provided to or by these agencies and carry out the provisions of these contracts;
(4) Contract with persons, firms, and corporations generally as to all matters over which it has a proper concern, and carry out the provisions of contracts;
(5) Lease, rent, purchase, or otherwise obtain suitable quarters and office space for its employees and staff, and lease, rent, purchase, or otherwise obtain furniture, fixtures, vessels, vehicles, firearms, uniforms, and other supplies and equipment necessary or desirable for carrying out the duties imposed in or under the authority of this Article; and
(6) Lease, rent, purchase, construct, otherwise obtain, maintain, operate, repair, and replace, either on its own or in cooperation with other public or private agencies or individuals, any of the following: boat docks, navigation aids, waterway markers, public information signs and notices, and other items of real and personal property designed to enhance public safety in Mountain Island Lake and its shoreline area, or protection of property in the shoreline area subject however to Chapter 113 of the General Statutes and rules promulgated under that Chapter.
(b) The Commission may accept, receive, and disburse in furtherance of its functions any funds, grants, services, or property made available by the federal government or its agencies or subdivisions, by the State of North Carolina or its agencies or subdivisions, or by private and civic sources.
(c) The governing boards of the three participating
counties may appropriate funds to the Commission out of surplus funds or
funds derived from nontax sources. They may appropriate funds out of tax
revenues and may also levy annually property taxes for the payments of such appropriation
as a special purpose, in addition to any allowed by the Constitution, or as
provided by G.S. 153A‑149.
(d) The Commission shall be subject to those audit requirements as may be specified in any joint resolution.
(e) In carrying out its duties and either in addition
to or in lieu of exercising various provisions of the above authorization, the
Commission may, with the agreement of the governing board of the county
concerned, utilize personnel and property of or assign responsibilities to any
officer or employee of any of the three participating counties.
Such contribution in kind, if substantial, may with the agreement of the any
other two participating counties be deemed to substitute in
whole or in part for the financial contribution required of that county in
support of the Commission.
(f) Unless otherwise specified by joint resolution,
each of the three participating counties shall annually
contribute an equal financial contribution to the Commission in an amount
appropriate to support the activities of the Commission in carrying out its
duties."
SECTION 7. G.S. 77‑76(a) reads as rewritten:
"(a) A copy of the joint resolution creating the
Commission and of any joint resolution amending or repealing the joint
resolution creating the Commission shall be filed with the Executive Director
of the Wildlife Commission. When the Executive Director receives resolutions
that are in substance identical from all three the participating counties
concerned, the Executive Director shall within 10 days so certify and
distribute a certified single resolution text to the following:
(1) The Secretary of State;
(2) The clerk to the governing board of each of the three counties;
(3) The clerks of Superior Court of Lincoln, Mecklenburg, and Gaston Counties. Upon request, the Executive Director also shall send a certified single copy of any and all applicable joint resolutions to the chairman of the Commission; and
(4) A newspaper of general circulation in the three counties."
SECTION 8. G.S. 77‑78(c) reads as rewritten:
"(c) Unless a joint resolution provides otherwise,
all courts in the three participating counties within the limits
of their subject matter jurisdiction shall have concurrent jurisdiction as to
all criminal offenses arising within the boundaries of Mountain Island Lake and
its shoreline area."
SECTION 9. This act applies only to Gaston, Lincoln, and Mecklenburg Counties.
SECTION 10. This act is effective when it becomes law.