GENERAL ASSEMBLY OF NORTH CAROLINA
1987 SESSION
CHAPTER 897
The General Assembly of North Carolina enacts:
Section 1. Section 1 of Chapter 683, Session Laws of 1987, reads as rewritten:
"Section 1. For purposes of this act:
(1) 'Board' means the
board of commissioners of one of the three counties Mecklenburg and
Gaston Counties, North Carolina and the county council of York County, South
Carolina.
(2) 'Commission' means the Lake Wylie Marine Commission or its governing board as the case may be.
(3) 'Commissioner' means a member of the governing board of the Lake Wylie Marine Commission.
(4) 'Three counties' means Mecklenburg and Gaston Counties, North Carolina, and York County, South Carolina.
(5) 'Joint resolution ordinance'
means a resolution or an ordinance substantially identical in
content adopted separately by the governing boards board in each
of the three counties.
(6) 'Lake Wylie' means the impounded body of water along the Catawba River in the three counties extending from the base of Mountain Island Dam downstream to the Catawba Dam.
(7) 'Shoreline area'
means, except as modified restricted by a joint resolution, ordinance,
the area within the three counties lying within 1000 feet of the mean high
water high-water line (570 feet) on Lake Wylie. In addition,
the shoreline area includes all islands within Lake Wylie and all peninsulas
extending into the waters of Lake Wylie.
(8) 'Wildlife Commission'
means, except as restricted by a joint resolution, the North Carolina
Wildlife Resources Commission and the South Carolina Department of Wildlife
and Marine Resources Department."
Sec. 2. Section 2 of Chapter 683, Session Laws of 1987, reads as rewritten:
"Sec. 2. The three counties may by joint resolution
ordinance create the Lake Wylie Marine Commission. Upon its
creation, the Commission has the powers, duties and responsibilities
conferred upon it by joint resolution, ordinance subject to
the provisions laws of each applicable state. The
provisions of any joint resolution ordinance may be modified,
amended, or rescinded by a subsequent joint resolution ordinance.
A county may unilaterally withdraw from participation as provided required
by any joint resolution ordinance or the provisions of this
act, once the commission has been created, and any county may.
Any county may, by ordinance, unilaterally withdraw from the commission at
the end of any budget period upon ninety days prior written notice. Upon
the effectuation of the withdrawal, the Commission is dissolved, and all
property of the Commission must be distributed to or divided among the three
counties and any other public agency or agencies serving the Lake Wylie area in
a manner considered equitable by the Commission by resolution adopted by it prior
to dissolution."
Sec. 3. Section 3 of Chapter 683, Session Laws of 1987, reads as rewritten:
"Sec. 3. Upon its creation, the commission shall
have a governing board of seven. Except as otherwise provided for the
first four-year period, each commissioner shall serve either a three or a
four-year term, with commissioners to serve overlapping terms so that two
commissioner appointments are made each year. Upon creation of the
Commission, the Board of Commissioners of Gaston County shall appoint three
commissioners and the boards of the other two counties shall appoint two
each. These initial appointees shall serve until September thirtieth
following their appointment. Thereafter, appointments shall must
be made for terms beginning each October first by the respective boards of
the three counties as follows:
(1) First Year: Three commissioners from Gaston, one appointed for a one-year term, one appointed for a three-year term and one appointed for a four-year term; two commissioners from Mecklenburg, one appointed for a one-year term and one appointed for a two-year term; two commissioners from York, one appointed for a two-year term and one appointed for a three-year term.
(2) Second Year: Two commissioners from Mecklenburg, one appointed for a three-year term and one appointed for a four-year term.
(3) Third year: Two commissioners from York, one appointed for a three-year term and one appointed for a four-year term.
(4) Fourth Year: Two commissioners from Gaston, one appointed for a three-year term and one appointed for a four-year term.
(5) Fifth and Succeeding Years: Appointments for one three-year and one four-year term in rotation by county in the order set out above.
On the death of a commissioner, resignation, incapacity, or
inability to serve, as determined by the board appointing such the commissioner,
or removal of the commissioner for cause, as determined by the board appointing
such the commissioner, the board affected may appoint another
commissioner to fill the unexpired term."
Sec. 4. Section 4 of Chapter 683, Session Laws of 1987, reads as rewritten:
"Sec. 4. The joint resolution of the three counties ordinance
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 is governed by such these
budgetary and accounting procedures as may be specified by joint resolution
ordinance."
Sec. 5. Section 5 of Chapter 683, Session Laws of 1987, reads as rewritten:
"Sec. 5. Upon creation of the Commission, its
governing board shall meet at a time and place agreed upon by the boards of the
three counties concerned. The commissioners shall elect a chairman and
such officers as they may choose. All officers shall serve one-year
terms. The governing board shall adopt such rules and regulations as it
may deem consider necessary, not inconsistent with the provisions
of this act or of any joint resolution ordinance or the laws of
the appropriate state, 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 may be authorized
by such rules and regulations. The commission shall meet regularly at such
those times and places as may be specified in its rules and
regulations or in any joint resolution ordinance. However,
meetings of the commission must be held in all three 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. As to
meetings held within South Carolina, the provisions of that state's Open
Meetings Law, §30-4-60 through §30-4-110, Code of Laws of South Carolina 1976 Chapter
4 of Title 30, Code of Laws of South Carolina, 1976, (Freedom of Information
Act) shall apply. As to meetings held within North Carolina,
the provisions of that State's Open Meetings Law, Article 33C of Chapter 143 of
the North Carolina General Statutes shall apply."
Sec. 6. Section 6 of Chapter 683, Session Laws of 1987, reads as rewritten:
"Sec. 6. (a) Within the limits of funds available to it
and subject to the provisions of this act and of any joint resolution ordinance
the Commission may:
(1) Hire and fix the
compensation of permanent and temporary employees and staff as it may deem consider
necessary in carrying out its duties;
(2) Contract with consultants for such services as it may require;
(3) Contract with the
States of North Carolina, South Carolina, or the federal government, or any agency
or agency, 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 act. act;
(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 Lake Wylie and its shoreline area, or
protection of property in the shoreline area subject however to the provisions
of Title 50 of the 1976 Code Code of Laws of South Carolina,
1976, or regulations promulgated under that title as to property within
South Carolina, and Chapter 113 of the General Statutes of North Carolina and
rules promulgated under that Chapter as to property within North Carolina.
(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 States of North Carolina or South Carolina or their agencies or subdivisions, or by private and civic sources.
(c) The governing boards
bodies of the three 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 taxes for the
payments of such appropriation as a special purpose, in addition to any allowed
by the Constitution or in North Carolina as provided by G.S. 153A-149.
(d) The Commission shall
be is subject to those audit requirements as may be specified in any
joint resolution ordinance.
(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
counties. Such contribution in kind, if substantial, may with the agreement of
the other two counties be deemed considered to substitute in
whole or in part for the financial contribution required of such that
county in support of the Commission.
(f) Unless
otherwise specified by joint resolution ordinance, each of the
three 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."
Sec. 7. Section 7 of Chapter 683, Session Laws of 1987, reads as rewritten:
"Sec. 7. (a) A copy of the joint resolution ordinance
creating the Commission and of any joint resolution ordinance amending
or repealing the joint resolution ordinance creating the
Commission shall must be filed with the Executive Director of the
North Carolina Wildlife Resources Commission and the Executive Director of the
South Carolina Department of Wildlife and Marine Resources. When the
Executive Director receives resolutions Directors receive ordinances that
are in substance identical from all three counties concerned, the executive
Director they, in accordance with procedures agreed upon, shall,
within 10 days, so certify certify this fact and
distribute a certified single resolution ordinance text to the
following:
(1) The Secretary of State of North Carolina and the Secretary of State of South Carolina;
(2) The clerk to the governing board of each of the three counties;
(3) The clerk of superior
court of Mecklenburg and Gaston Counties and the clerk of court of York
County. Upon request, the Executive Director Executive
Directors also shall send a certified single copy of any and all applicable
joint resolutions ordinances to the chairman of the Commission;
(4) A newspaper of general circulation in the three counties.
(b) Unless a joint resolution
ordinance specifies a later date, it shall take effect when the
Executive Director's Directors' certified text has been submitted
to the Secretaries of State for filing. Certifications of the Executive Director
Directors under the seal of the Commission as to the text or amended
text of any joint resolution ordinance and of the date or dates
of submission to the Secretaries of State shall be is admissible
in evidence in any court. Certifications by any clerk of superior court
or county clerk of court of the text of any certified resolution ordinance
filed with him by the Executive Director Directors is
admissible in evidence and the Executive Director's Directors' submission
of the resolution ordinance for filing to the clerk shall
constitute prima facie evidence that such resolution the
ordinance was on the date of submission also submitted for filing with the
Secretary of State. Except for the certificate of a clerk as to receipt
and date of submission, no evidence may be admitted in court concerning the
submission of the certified text of any resolution ordinance by
the Executive Director Directors to any person other than the
Secretary of State."
Sec. 8. Section 8 of Chapter 683, Session Laws of 1987, reads as rewritten:
"Sec. 8. (a) Except as limited in subsection (b)
of this section, by restrictions in any joint resolution, ordinance and
by other supervening provisions of law, the Commission may make regulations
applicable to Lake Wylie and its shoreline area concerning all matters relating
to or affecting the use of Lake Wylie. These regulations may not conflict
with or supersede provisions of general or special acts or of regulations of
state agencies promulgated under the authority of general law. No
regulations adopted under the provisions of this section may be adopted
by the Commission except after public hearing, with publication of notice of
the hearing being given in a newspaper of general circulation in the
three counties at least 10 days before the hearing. In lieu of or in addition
to passing regulations supplementary to state law and regulations concerning
the operation of vessels on Lake Wylie, the Commission may, after public
notice, request that the North Carolina Wildlife Resources Commission and the
South Carolina Department of Wildlife and Marine Resources pass local
regulations on this subject in accordance with the procedure established by
appropriate state law.
(b) Violation of any
regulation of the Commission commanding or prohibiting an act shall be is
a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00)
or 30 days imprisonment.
(c) The regulations promulgated under this section take effect upon passage or upon such dates as may be stipulated in the regulations except that no regulation may be enforced unless adequate notice of the regulation has been posted in or on Lake Wylie or its shoreline area. Adequate notice as to a regulation affecting only a particular location may be by a sign, uniform waterway marker, posted notice, or other effective method of communicating the essential provisions of the regulation in the immediate vicinity of the location in question. Where a regulation applies generally as to Lake Wylie or its shoreline area, or both, there must be a posting of notices, signs, or markers communicating the essential provisions in at least three different places throughout the area and it must be printed in a newspaper of general circulation in the three counties.
(d) A copy of each regulation promulgated under this section must be filed by the Commission with the following persons:
(1) The Secretaries of State of North and South Carolina;
(2) The clerk of superior
court of Mecklenburg and Gaston County Counties and the clerk of
court of York County;
(3) The Executive Directors of the Wildlife Resources Commission of North Carolina and South Carolina Wildlife and Marine Resources Department.
(e) Any official
designated in subsection (d) above may issue certified copies of regulations
filed with him under the seal of his office. Such These certified
copies may be received in evidence in any proceeding.
(f) Publication and
filing of regulations promulgated under this section as required above is for
informational purposes and shall not be is not a prerequisite to
their validity if they in fact have been duly promulgated, the public has been
notified as to the substance of regulations, a copy of the text of all
regulations is in fact available to any person who may be affected, and
no party to any proceeding has been prejudiced by any defect that may exist
with respect to publication and filing. Rules and regulations promulgated
by the Commission under the provisions of other sections of this act relating
to internal governance of the Commission need not be filed or published.
Where posting of any sign, notice, or marker or the making of other
communication is essential to the validity of a regulation duly promulgated, it
shall be is presumed in any proceeding that prior notice was
given and maintained and the burden lies upon the party asserting to the
contrary to prove lack of adequate notice of any regulation."
Sec. 9. Section 9 of Chapter 683, Session Laws of 1987, reads as rewritten:
"Sec. 9. (a) Where a joint resolution ordinance
so provides, all law enforcement officers, or those officers as may be
designated in the joint resolution ordinance, with territorial
jurisdiction as to any part of Lake Wylie or its shoreline area shall,
within the limitations of their subject matter jurisdiction, have the authority
of peace officers in enforcing the laws over all of Lake Wylie and its
shoreline area.
(b) Where a joint resolution
ordinance provides it, the Commission may hire special officers to
patrol and enforce the laws on Lake Wylie and its shoreline area. These
special officers have and may exercise all the powers of peace officers
generally within the area in question and shall take the oaths and be are
subject to all provisions of law relating to law enforcement officers.
(c) Every criminal violation must be tried in the county where it occurred. However, a certificate of training by the South Carolina Criminal Justice Academy, or a similar certificate issued by the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriffs' Education and Training Standards Commission will suffice for certification in both states for the purposes of this act.
(d) Where a law
enforcement officer with jurisdiction over any part of Lake Wylie or its
shoreline area is performing duties relating to the enforcement of the laws on
Lake Wylie or in its shoreline area, he has such extraterritorial jurisdiction
as may be necessary to perform his duties. These duties include
investigation of crimes an officer reasonably believes have been, or are about
to be, committed within the area in question. This included includes
traversing by reasonable routes from one portion of such this area
to another although across territory not within the boundaries of Lake Wylie
and its shoreline area; conducting prisoners in custody to such a court
or detention facilities as may be authorized by law, although this may involve
going outside the area in question; execution of process connected with any
criminal offense alleged to have been committed within the boundaries in
question, except that such this process may not be executed by
virtue of this provision beyond the boundaries of the three counties.
This also includes continuing pursuit of and arresting any violator or
suspected violator as to which grounds for arrest arose within the area in
question.
(e) Where law enforcement
officers are given additional territorial jurisdiction under the provisions of
this section, this shall be deemed is considered an extension of
the duties of the office held and no officer shall take any additional oath or
title of office."
Sec. 10. Section 10 of Chapter 683, Session Laws of 1987, reads as rewritten:
"Sec. 10. This act shall become effective on
the later of:
(1) March 1,
1988; and
(2) upon enactment
by the State of South Carolina and upon approval by the Congress of the United
States.
Either North Carolina or South Carolina may withdraw from
this Compact by enacting a statute repealing the same, but no such withdrawal
shall become is effective until the Governor of the withdrawing
state shall have has sent formal notice in writing to the
Governor of each other party state informing said the Governors
of the action of the legislature in repealing the Compact and declaring an
intention to withdraw. Such This withdrawal shall be is
effective on a date set by the withdrawing state, but not less than 90 days
after enactment of the withdrawal statute. In case of such the withdrawal,
the property of the Commission shall must be divided in an equitable
manner by the Commission as if dissolution had occurred under Section 2 of this
act."
Sec. 11. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 22nd day of June, 1988.