GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2003

 

 

SESSION LAW 2003-198

HOUSE BILL 727

 

 

AN ACT to clarify that members of the soil and water conservation commission are authorized to hold office concurrently with other elective or appointive offices.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.   G.S. 143B-295 reads as rewritten:

"§ 143B-295.  Soil and Water Conservation Commission - members; selection; removal; compensation; quorum; services.

(a)       The Soil and Water Conservation Commission of the Department of Environment and Natural Resources shall be composed of seven members appointed by the Governor. The Commission shall be composed of the following members:

(1)       The president, first vice-president, and immediate past president of the North Carolina Association of Soil and Water Conservation Districts. Vacancies arising in any of these positions shall be filled through appointment by the Governor upon the nomination by the executive committee of the North Carolina Association of Soil and Water Conservation Districts;

(2)       Three supervisor members nominated by the North Carolina Association of Soil and Water Conservation Districts from its own membership representing the three major geographical regions of the State and appointed by the Governor;

(3)       One member appointed at large by the Governor.

(b)       The members of the Commission, except those members serving in an ex officio capacity, shall be appointed for terms of three years and shall serve until their successors are appointed and qualified. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.

(c)       The office of member of the Soil and Water Conservation Commission may be held concurrently with any other elected or appointed elective or appointive office, as authorized by G.S.128-1.1 and Article VI, Section 9, of the Constitution of North Carolina. in addition to the maximum number of offices permitted to be held by one person under G.S. 128-1.1.

(d)       The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, and nonfeasance according to the provisions of G.S. 143B-13.

(e)       The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

(f)        A majority of the Commission shall constitute a quorum for the transaction of business.

(g)       All clerical and other services required by the Commission shall be supplied by the Secretary of Environment and Natural Resources."


SECTION 2.   This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 5th day of June, 2003.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 12:25 p.m. this 13th day of June, 2003