SB 458 — Reinstate Mtn Island Lake Marine Commission.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 21 SENATE BILL 458 State and Local Government Committee Substitute Adopted 5/6/21 Short Title:

Senator Marcus (Primary Sponsor).

Rules and Operations of the Senate April 5, 2021 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE REINSTATEMENT OF THE MOUNTAIN ISLAND LAKE MARINE COMMISSION.

*S458-v-2**S458-v-1* General Assembly Of North Carolina Session 2021 (a) The three participating counties may by joint resolution create the Mountain Island Lake Marine Commission.

Upon If upon the effectuation of the withdrawal, withdrawalthe thereCommission are eitherone orzeroparticipating counties remaining, theCommission is dissolved,anddissolved, alland property of the Commission mustcontinues bewith distributed to or divided among the threeremaining countiesparticipating counties, and anyanypropertyof other public agency or agencies serving the Mountainwithdrawing Islandcounty Lakeshall areabe indistributed aas mannerdetermined considered equitable by theall Commissionparticipating bycounties. resolution adopted by it prior to dissolution.

IfUpon uponwithdrawal of the effectuationfinal participating county, all property of the withdrawalCommission theremust arebe atdistributed leastto twoor participatingdivided among the three counties remaining,and any other public agency or agencies serving the CommissionMountain shallIsland continueLake witharea in a manner considered equitable by the remainingCommission participatingby counties.resolution adopted by it prior to dissolution.

(d) If Lincoln Countyis not a participating county, any decision or advisory action bythe Commission shall not include the portion of the shoreline area that is in Lincoln County.

Page 2 Senate Bill 458-Second Edition General Assembly Of North Carolina Session 2021 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 governing Page 2 Senate Bill 458-First Edition General Assembly Of North Carolina Session 2021 board shall adopt rules and regulations as it deems necessary, not inconsistent with theprovisions of this Article or of any joint resolution, for the proper discharge of its duties and for the governance of the Commission.

(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 Senate Bill 458-Second Edition Page 3 General Assembly Of North Carolina Session 2021 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 Senate Bill 458-First Edition Page 3 General Assembly Of North Carolina Session 2021 substitute in whole or in part for the financial contribution required of that county in support of the Commission.

Regulatory Commission authority.

(a) Except as limited in subsection (b) of this section, by restrictions in any joint resolution, and by other supervening provisions of law, the The Commission may make regulations recommendations to the duly elected representatives of the participating counties or other relevant elected officials applicable to Mountain Island Lake and its shoreline area concerning all matters relating to or affectingtheaffecting the use of Mountain Island Lake.

These regulations recommendations 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.

In lieu of or in addition to passing regulations supplementary to State law and regulations concerning the operation of vessels on Mountain Island Lake, the Commission may, after public notice, request that the Wildlife Commission pass localregulationsonthissubjectinaccordancewithlocal theprocedureestablishedbyappropriateStateregulations on this subject in accordance with the procedure established by appropriate State law.

Page 4 Senate Bill 458-Second Edition General Assembly Of North Carolina Session 2021 (1) The Secretary of State;

Page 4 Senate Bill 458-First Edition General Assembly Of North Carolina Session 2021 (e) Any official designated in subsection (d) above may issue certified copies of regulations filed with him under the seal of his office.

(f) PublicationandfilingofPublicationandfilingofregulationspromulgated regulationspromulgated underthissectionas requiredabove is for informational purposes and shall not be 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.

Senate Bill 458-Second458-First Edition Page 5