GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-92
SENATE BILL 979
AN ACT TO AMEND THE PROCESS BY WHICH A MEMBER OF THE GENERAL ASSEMBLY IS APPOINTED TO THE ATLANTIC STATES MARINE FISHERIES COMMISSION and to make technical, clarifying, and conforming changes.
The General Assembly of North Carolina enacts:
SECTION 1. The title of Article 19 of Chapter 113 of the General Statutes reads as rewritten:
"Article 19.
Atlantic States Marine Fisheries Compact and Commission."
SECTION 2. G.S. 113-251 reads as rewritten:
"§ 113-251. Definition of terms.
(a) As used in
this Article, the word Article:
(1) 'Commission' refers
to means the Atlantic States Marine Fisheries Commission and the
word "commissioner" refers to a member of that Commission.Commission.
(b) The
reference in Article III of the Compact set out in G.S. 113-252 to the chairman
of the committee on commercial fisheries shall be deemed to refer to the
chairman of the Marine Fisheries Commission.
(c) The
reference in Article III of the Compact set out in G.S. 113-252 to the
Commissioner of Commercial Fisheries shall be deemed to refer to the Secretary.
(d) The
reference in Article III of the Compact set out in G.S. 113-252 to the Board of
the North Carolina Department of Conservation and Development shall be deemed
to refer to the Secretary.
(2) 'Commissioner' means a member of the Atlantic States Marine Fisheries Commission.
(3) 'Compact' means the Atlantic States Marine Fisheries Compact.
(4) 'Fisheries Director' means the Director of the Division of Marine Fisheries of the Department of Environment and Natural Resources."
SECTION 3. Article III of G.S. 113-252 reads as rewritten:
"§ 113-252. Atlantic States Marine Fisheries Compact and Commission.
…
Article III
Each state joining herein shall appoint three representatives
to a commission hereby constituted and designated as the Atlantic States Marine
Fisheries Commission. The Board of the North Carolina Department of
Conservation and Development shall designate either the director of the
Department, the chairman of the committee on commercial fisheries, or the
Commissioner of Commercial Fisheries as one member of the Commission, and the
Commission on Interstate Cooperation of the State shall designate a member of
the North Carolina legislature as one of the members of said Commission, and
the third member of said Commission, who shall be a citizen of the State having
a knowledge of and interest in marine fisheries, shall be appointed by the
Governor.One shall be the executive officer of the administrative agency
of the state charged with the conservation of the fisheries resources to which
this compact pertains. The second shall be a member of the legislature
appointed by the Governor. The third shall be a citizen who has knowledge of
and interest in marine fisheries issues, appointed by the Governor. This
Commission shall be a body corporate, with the powers and duties set forth
herein.
…."
SECTION 4. G.S. 113-254 reads as rewritten:
"§ 113-254. North Carolina members of Commission.
(a) In pursuance
of Article III of said Compact the Compact, there shall be three members
(hereinafter called commissioners) of the Atlantic States Marine Fisheries
Commission (hereinafter called Commission) from the State ofcommissioners
from North Carolina. The first commissioner from the State of North
Carolina shall be the Fisheries Director of the Division of Marine
Fisheries of the Department, ex officio, and the term of such ex officio
shall be the Fisheries Director, ex officio. The term of this commissioner
shall terminate at the time he the commissioner ceases to hold such
office, and hisoffice as the Fisheries Director. The successor as
to this commissioner shall be his the commissioner's successor
as Fisheries Director of the Division of Marine Fisheries.Fisheries
Director. The second commissioner from the State of North Carolina shall
be a legislator and member of the Commission on Interstate Cooperation of
the State of North Carolina, ex officio, designated by said Commission on
Interstate Cooperation, and theappointed by the Governor. The term
of any such ex officiothis commissioner shall terminate at the
time he the commissioner ceases to hold said legislative
office or said office as Commissioner on Interstate Cooperation, and his
successor as commissionerlegislative office. This commissioner's
successor shall be named in like manner.appointed by the
Governor. The Governor (by and with the advice and consent of the
Senate) shall appoint a citizen as a third commissioner who shall have a
knowledge of and interest in the marine fisheries problem. The third
commissioner from the State of North Carolina shall be a citizen of the State
with knowledge of and interest in marine fisheries issues appointed by the
Governor. The term of said Commissionerthis commissioner
shall be three years and he years. This commissioner may be
reappointed for successive terms and shall hold office until his the
commissioner's successor shall beis appointed and qualified. Vacancies
A vacancy occurring in the office of such Commissioner from this
commissioner for any reason or cause shall be filled by appointment by the Governor
(by and with the advice and consent of the Senate)Governor for the
unexpired term.
(b) The Fisheries
Director of the Division of Marine Fisheries appointed pursuant to Article
III as ex officio commissioner may delegate, from time to time,may
delegate to any deputy or other subordinate of the Fisheries Director,Director
the power to be present and participate, including voting,present,
participate, and vote as his the Fisheries Director's representative
or substitute at any meeting of or hearing by or other proceedingsmeeting,
hearing, or other proceeding of the Commission.
The terms of each of the initial three members shall begin
at the date of the appointment of the appointive commissioner, provided the
said Compact shall then have gone into effect in accordance with Article II of
the Compact; otherwise they shall begin upon the date upon which said Compact
shall become effective in accordance with said Article II.
(c) Any commissioner may be removed from office by the Governor upon charges and after a hearing."
SECTION 5. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 20th day of May, 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 5:01 p.m. this 30th day of May, 2003