REINSTATE MTN ISLAND LAKE MARINE COMMISSION.

View NCGA Bill Details2021
Senate Bill 458 (Public) Filed Thursday, April 1, 2021
AN ACT TO AUTHORIZE THE REINSTATEMENT OF THE MOUNTAIN ISLAND LAKE MARINE COMMISSION.
Intro. by Marcus.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (May 12 2021)
S 458

Bill Summaries:

  • Summary date: May 6 2021 - More information

    Senate committee substitute to the 1st edition makes the follow changes. Amends the provisions concerning the effects of withdrawing from the Mountain Island Lake Marine Commission (Commission), providing that if upon the effectuation of the withdrawal: (1) there are either one or zero participating counties remaining, the Commission is dissolved, and all property of the Commission is to be distributed to or divided among the three counties and any other public agency or agencies serving the Mountain Island Lake area; (3) there are at least two participating counties remaining, the Commission will continue with the remaining participating counties. Adds that if Lincoln County is not a participating county, any decision or advisory action by the Commission must not include the portion of the shoreline area in Lincoln County.

    Instead of deleting GS 77-77 in its entirety, renames the statute and provides as follows. Allows the Commission to make recommendations to the duly elected representatives of the participating counties or other relevant elected officials applicable to Mountain Island Lake and its shoreline area on matters concerning the use of Mountain Island Lake. Prohibits such recommendations from conflicting with or superseding provisions of general or special acts or of regulations of State agencies promulgated under the authority of general law. Also allows the Commission, instead of passing regulations supplementary to State law and regulations on operating vessels on Mountain Island Lake, to request (after public notice) that the Wildlife Commission pass local regulations on this subject. 


  • Summary date: Apr 1 2021 - More information

    Revises Article 6 of GS Chapter 77 as follows. 

    Amends GS 77-70, the definitions for the Mountain Island Lake Marine Commission (Commission), making clarifying changes and adding and defining participating counties.

    Amends GS 77-71, to make organizational changes, now providing that the provisions of any joint resolution can be modified, amended, or rescinded by a subsequent joint resolution made with the unanimous consent of the participating counties (previously, did not require unanimous consent). Provides that after a unilateral withdrawal from participation by a participating county the Commission will continue with the remaining participating counties, with any property of the withdrawing county being distributed as determined by all participating counties. Provides that all property of the Commission will be distributed as specified if all participating counties withdraw. Deletes GS 77-77 concerning the Commission's regulatory authority.

    Amends GS 77-72, deleting various provisions that provided for the membership of the governing board. Now provides that the Commission will have a governing board of seven members, subject to the provisions of this section. Directs the board of commissioners of each participating county to appoint two members if there are three participating counties, or appoint three members if there are two participating counties, with the final member appointed by agreement of the participating counties' boards of commissioners. Makes organizational changes. 

    Amends GS 77-73, 77-74, 77-75, 77-76(a), and 77-78(a), making technical and conforming changes. 

    Provides that this act only applies to Gaston, Lincoln, and Mecklenburg counties.


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