H.B. 265
GENERAL ASSEMBLY OF NORTH CAROLINA
Mar 10, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40175-MH-14
Short Title: Reinstate Mtn Island Lake Marine Commission. (Local)
Sponsors: Representative Logan.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO AUTHORIZE THE REINSTATEMENT OF THE MOUNTAIN ISLAND LAKE
3 MARINE COMMISSION.
4 The General Assembly of North Carolina enacts:
5 SECTION 1. G.S. 77-70 reads as rewritten:
6 "§ 77-70. Definitions.
7 For purposes of this Article:
8 (1) "Board" means the Board. – The board of commissioners of one of the three
9 participating counties.
10 (2) "Commission" means the Commission. – The Mountain Island Lake Marine
11 Commission or its governing board, as the case may be.board.
12 (3) "Commissioner" means a Commissioner. – A member of the governing board
13 of the Mountain Island Lake Marine Commission.
14 (4) Eligible counties. – Gaston, Lincoln, and Mecklenburg Counties.
15 (4)(5) "Joint resolution" means a Joint resolution. – A resolution or ordinance
16 substantially identical in content adopted separately by the governing boards
17 in each of the three counties.the participating counties.
18 (5)(6) "Mountain Island Lake" means the Mountain Island Lake. – The impounded
19 body of water along the Catawba River in the three counties extending from
20 the Cowans Ford Dam downstream to the Mountain Island Dam.
21 (7) Participating county. – Any of the eligible counties that have adopted a
22 resolution to participate in the Commission and have not withdrawn.
23 (6)(8) "Shoreline area" means, except Shoreline area. – Except as modified by a joint
24 resolution, the area within the three counties lying within 1,000 feet of the full
25 pond elevation contour on Mountain Island Lake. In addition, the shoreline
26 area includes all islands within Mountain Island Lake and all peninsulas
27 extending into the waters of Mountain Island Lake.
28 (7) "Three counties" means Gaston, Lincoln, and Mecklenburg Counties.
29 (8)(9) "Wildlife Commission" means the Wildlife Commission. – The North
30 Carolina Wildlife Resources Commission."
31 SECTION 2. G.S. 77-71 reads as rewritten:
32 "§ 77-71. Authority to create Commission; withdrawal from and dissolution of
33 Commission.
34 (a) The three participating counties may by joint resolution create the Mountain Island
35 Lake Marine Commission. Upon its creation the Commission has the powers, duties, and
36 responsibilities conferred upon it by joint resolution, subject to the provisions of this Article.
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1 (b) The provisions of any joint resolution may be modified, amended, or rescinded by a
2 subsequent joint resolution.resolution made with the unanimous consent of the participating
3 counties.
4 (c) A county may unilaterally withdraw from participation as provided by any joint
5 resolution or the provisions of this Article, once the Commission has been created, and any
6 county may unilaterally withdraw from the Commission at the end of any budget period upon 90
7 days prior written notice. Upon the effectuation of the withdrawal, the Commission is dissolved,
8 and the Commission continues with the remaining participating counties, and any property of the
9 withdrawing county shall be distributed as determined by all participating counties. Upon
10 withdrawal of the final participating county, all property of the Commission must be distributed
11 to or divided among the three counties and any other public agency or agencies serving the
12 Mountain Island Lake area in a manner considered equitable by the Commission by resolution
13 adopted by it prior to dissolution."
14 SECTION 3. G.S. 77-72 reads as rewritten:
15 "§ 77-72. Membership; terms.
16 (a) Upon its creation, the Commission shall have a governing board of seven. Except as
17 otherwise provided for the initial appointees, each commissioner shall serve a three-year term.
18 Upon creation of the Commission, the Boards of Commissioners of Gaston County and
19 Mecklenburg County shall appoint three commissioners each, and the Board of Commissioners
20 of Lincoln County shall appoint one commissioner. Of the initial appointees:seven members, to
21 be appointed as determined by a joint resolution of the participating counties, subject to the
22 provisions of this section.
23 (1) One commissioner appointed by Gaston County and one member appointed
24 by Mecklenburg County shall serve one-year terms;
25 (2) One commissioner appointed by Gaston County and one member appointed
26 by Mecklenburg County shall serve two-year terms; and
27 (3) One member appointed by Gaston County, one member appointed by
28 Mecklenburg County, and the member appointed by Lincoln County shall
29 serve three-year terms.
30 (b) Any commissioner who has served two consecutive terms, including any initial term
31 of less than three years, may not be reappointed to a third consecutive term. Such a member may,
32 however, be appointed to serve again after the expiration of the term of the member's successor.
33 (c) On the death of a commissioner, resignation, incapacity, or inability to serve, as
34 determined by the board appointing that commissioner, or removal of the commissioner for
35 cause, as determined by the board appointing that commissioner, the board affected may appoint
36 another commissioner to fill the unexpired term."
37 SECTION 4. G.S. 77-73 reads as rewritten:
38 "§ 77-73. Compensation; budget.
39 The joint resolution of the three participating counties shall state the terms relating to
40 compensation to commissioners, if any, compensation of consultants and staff members
41 employed by the Commission, and reimbursement of expenses incurred by commissioners,
42 consultants, and employees. The Commission shall be governed by those budgetary and
43 accounting procedures specified by joint resolution."
44 SECTION 5. G.S. 77-74 reads as rewritten:
45 "§ 77-74. Organization and meetings.
46 Upon creation of the Commission, its governing board shall meet at a time and place agreed
47 upon by the boards of the three participating counties concerned. The commissioners shall elect
48 a chairman and officers as they choose. All officers shall serve one-year terms. The governing
49 board shall adopt rules and regulations as it deems necessary, not inconsistent with the provisions
50 of this Article or of any joint resolution, for the proper discharge of its duties and for the
51 governance of the Commission. In order to conduct business, a quorum must be present. The
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1 chairman may adopt those committees as authorized by those rules and regulations. The
2 Commission shall meet regularly at times and places as specified in its rules and regulations or
3 in any joint resolution. However, meetings of the Commission must be held in all three
4 participating counties on a rotating basis so that an equal number of meetings is held in each
5 county. Special meetings may be called as specified in the rules and regulations. The provisions
6 of the Open Meetings Law, Article 33C of Chapter 143 of the General Statutes, shall apply."
7 SECTION 6. G.S. 77-75 reads as rewritten:
8 "§ 77-75. Powers of the Commission; administration and funding.
9 (a) Within the limits of funds available to it and subject to the provisions of this Article
10 and of any joint resolution, the Commission may:
11 (1) Hire and fix the compensation of permanent and temporary employees and
12 staff as it may deem necessary in carrying out its duties;
13 (2) Contract with consultants for services it requires;
14 (3) Contract with the State of North Carolina or the federal government, or any
15 agency or department, or subdivision of them, for property or services as may
16 be provided to or by these agencies and carry out the provisions of these
17 contracts;
18 (4) Contract with persons, firms, and corporations generally as to all matters over
19 which it has a proper concern, and carry out the provisions of contracts;
20 (5) Lease, rent, purchase, or otherwise obtain suitable quarters and office space
21 for its employees and staff, and lease, rent, purchase, or otherwise obtain
22 furniture, fixtures, vessels, vehicles, firearms, uniforms, and other supplies
23 and equipment necessary or desirable for carrying out the duties imposed in
24 or under the authority of this Article; and
25 (6) Lease, rent, purchase, construct, otherwise obtain, maintain, operate, repair,
26 and replace, either on its own or in cooperation with other public or private
27 agencies or individuals, any of the following: boat docks, navigation aids,
28 waterway markers, public information signs and notices, and other items of
29 real and personal property designed to enhance public safety in Mountain
30 Island Lake and its shoreline area, or protection of property in the shoreline
31 area subject however to Chapter 113 of the General Statutes and rules
32 promulgated under that Chapter.
33 (b) The Commission may accept, receive, and disburse in furtherance of its functions any
34 funds, grants, services, or property made available by the federal government or its agencies or
35 subdivisions, by the State of North Carolina or its agencies or subdivisions, or by private and
36 civic sources.
37 (c) The governing boards of the three participating counties may appropriate funds to the
38 Commission out of surplus funds or funds derived from nontax sources. They may appropriate
39 funds out of tax revenues and may also levy annually property taxes for the payments of such
40 appropriation as a special purpose, in addition to any allowed by the Constitution, or as provided
41 by G.S. 153A-149.
42 (d) The Commission shall be subject to those audit requirements as may be specified in
43 any joint resolution.
44 (e) In carrying out its duties and either in addition to or in lieu of exercising various
45 provisions of the above authorization, the Commission may, with the agreement of the governing
46 board of the county concerned, utilize personnel and property of or assign responsibilities to any
47 officer or employee of any of the three participating counties. Such contribution in kind, if
48 substantial, may with the agreement of the any other two participating counties be deemed to
49 substitute in whole or in part for the financial contribution required of that county in support of
50 the Commission.
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1 (f) Unless otherwise specified by joint resolution, each of the three participating counties
2 shall annually contribute an equal financial contribution to the Commission in an amount
3 appropriate to support the activities of the Commission in carrying out its duties."
4 SECTION 7. G.S. 77-76(a) reads as rewritten:
5 "(a) A copy of the joint resolution creating the Commission and of any joint resolution
6 amending or repealing the joint resolution creating the Commission shall be filed with the
7 Executive Director of the Wildlife Commission. When the Executive Director receives
8 resolutions that are in substance identical from all three the participating counties concerned, the
9 Executive Director shall within 10 days so certify and distribute a certified single resolution text
10 to the following:
11 (1) The Secretary of State;
12 (2) The clerk to the governing board of each of the three counties;
13 (3) The clerks of Superior Court of Lincoln, Mecklenburg, and Gaston Counties.
14 Upon request, the Executive Director also shall send a certified single copy of
15 any and all applicable joint resolutions to the chairman of the Commission;
16 and
17 (4) A newspaper of general circulation in the three counties."
18 SECTION 8. G.S. 77-78(c) reads as rewritten:
19 "(c) Unless a joint resolution provides otherwise, all courts in the three participating
20 counties within the limits of their subject matter jurisdiction shall have concurrent jurisdiction as
21 to all criminal offenses arising within the boundaries of Mountain Island Lake and its shoreline
22 area."
23 SECTION 9. This act applies only to Gaston, Lincoln, and Mecklenburg Counties.
24 SECTION 10. This act is effective when it becomes law.
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Statutes affected:
Filed: 77-70, 77-71, 77-72, 77-73, 77-74, 77-75, 77-76, 77-78
Edition 1: 77-70, 77-71, 77-72, 77-73, 77-74, 77-75, 77-76, 77-78