GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION

CHAPTER 505
HOUSE BILL 38

AN ACT TO MODIFY THE MEMBERSHIP QUALIFICATIONS OF THE COASTAL RESOURCES COMMISSION.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 113A-104 reads as rewritten:
"§ 113A-104. Coastal Resources Commission.
(a)	Established. – The General Assembly hereby establishes within the Department of Natural Resources and Community Development a commission to be designated the Coastal Resources Commission.
(b)	Composition. – The Coastal Resources Commission shall consist of 15 members appointed by the Governor, as follows:
(1)	One who shall at the time of appointment be actively connected with or have experience in commercial fishing.
(2)	One who shall at the time of appointment be actively connected with or have experience in wildlife or sports fishing.
(3)	One who shall at the time of appointment be actively connected with or have experience in marine ecology.
(4)	One who shall at the time of appointment be actively connected with or have experience in coastal agriculture.
(5)	One who shall at the time of appointment be actively connected with or have experience in coastal forestry.
(6)	One who shall at the time of appointment be actively connected with or have experience in coastal land development.
(7)	One who shall at the time of appointment be actively connected with or have experience in marine-related business  (other than fishing and wildlife).
(8)	One who shall at the time of appointment be actively connected with or have experience in engineering in the coastal area.
(9)	One who shall at the time of appointment be actively associated with a State or national conservation organization.
(10)	One who shall at the time of appointment be actively connected with or have experience in financing of coastal land development.
(11)	Two who shall at the time of appointment be actively connected with or have experience in local government within the coastal area.
(12)	Three at-large members.
(c)	Appointment of Members. – Appointments to the Commission shall be made to provide knowledge and experience in a diverse range of coastal interests.  The members of the Commission shall serve and act on the Commission solely for the best interests of the  public and public trust, and shall bring their particular knowledge and experience to the Commission for that end alone.
The Governor shall appoint in his  sole discretion those members of the Commission whose qualifications are described in subdivisions (6) and (10), and one of the three members described in subdivision (12) of subsection (b) of this section.
The remaining members of the Commission shall be appointed by the Governor after completion of the nominating procedures prescribed by subsection (d) of this section.   The members of the Commission whose qualifications are described in subdivisions (1) through (5), (9), and (11), shall be persons who do not derive any significant portion of their income from land development, construction, real estate sales, or lobbying and do not otherwise serve as agents for development-related business activities.  The Governor shall require adequate disclosure of potential conflicts of interest by members.  The Governor, by executive order, shall promulgate criteria regarding conflicts of interest and disclosure thereof for determining the eligibility of persons under this section.
(d)	Nominations for Membership. – On or before May 1 in every even-numbered year the Governor shall designate and transmit to the board of commissioners in each county in the coastal area four nominating categories applicable to that county for that year. Said nominating categories shall be selected by the Governor from among the categories represented, respectively by subdivisions (1), (2), (3), (4), (5), (7), (8), (9), (11) – two persons, and (12) – two persons, of subsection (b) of this section (or so many of the above-listed paragraphs as may correspond to vacancies by expiration of term that are subject to being filled in that year). On or before June 1 in every even-numbered year the board of commissioners of each county in  the coastal area shall nominate (and transmit to the Governor the names of) one qualified person in each of the four nominating categories that was designated by the Governor for that county for that year. In designating nominating categories from biennium to biennium, the Governor shall equitably rotate said categories among the several counties of the coastal area as in his judgment he deems best; and he shall assign, as near as may be, an even number of nominees to each nominating category and shall assign in his best judgment any excess above such even number of nominees. On or before June 1 in every even-numbered year the governing body of each incorporated city within the coastal area shall nominate and transmit to the Governor the name of one person as a nominee to the Commission. In making nominations, the boards of county commissioners and city governing bodies shall give due consideration to the nomination of women and minorities. The Governor shall appoint 12 persons from among said city and county nominees to the Commission. The several boards of county commissioners and city governing bodies shall transmit the names, addresses, and a brief summary of the qualifications of their nominees to the Governor on or before June 1 in each even-numbered year, beginning in 1974; provided, that the Governor, by registered or certified mail, shall notify the chairman or the mayors of the said local governing boards by May 20 in each such even-numbered year of the duties of local governing boards under this sentence. If any board of commissioners or city governing body fails to transmit its list of nominations to the Governor by June 1, the Governor may add to the nominations a list of qualified nominees in lieu of those that were not transmitted by the board of commissioners or city governing body; Provided however, the Governor may not add to the list a nominee in lieu of one not transmitted by an incorporated city within the coastal area that neither has a population of 2,000 or more nor is contiguous with the Atlantic Ocean. Within the meaning of this section, the 'governing body' is the mayor and council of a city as defined in G.S. 160A-66. The population of cities shall be determined according to the most recent annual estimates of population as certified to the Secretary of Revenue by the Secretary of Administration.
(e)	Residential Qualifications. – All nominees of the several boards of county commissioners and city governing bodies must reside within the coastal area, but need not reside in the county from which they were nominated. No more than one of those members appointed by the Governor from among said nominees may reside in a particular county. No more than two members of the entire Commission, at any time, may reside in a particular county. No more than two members of the entire Commission, at any time, may reside outside the coastal area.
(f)	Office May Be Held Concurrently with Others. – Membership on the Coastal Resources Commission is hereby declared to be an office that may be held concurrently with other elective or appointive offices in addition to the maximum number of offices permitted to be held by one person under G.S. 128-1.1.
(g)	Terms. – The members shall serve staggered terms of office of four years. At the expiration of each member's term, the Governor, shall reappoint or replace the member with a new member of like qualification (as specified in subsection (b) of this section), in the manner provided by subsections (c) and (d) of this section. The initial term shall be determined by the Governor in accordance with customary practice but eight of the initial members shall be appointed for two years and seven for four years.
(h)	Vacancies. – In the event of a vacancy arising otherwise than  by expiration of term, the Governor shall appoint a successor of like  qualification (as specified in subsection (b) of this section) who shall then serve the remainder of his predecessor's term. When any such vacancy arises, the Governor shall immediately notify the board of commissioners of each county in the coastal area and the governing  body of each incorporated city within the coastal area. Within 30 days after receipt of such notification each such county board and city governing body shall nominate and transmit to the Governor the name and address of one person who is qualified in the category represented by the position to be filled, together with a brief summary of the qualifications of the nominee. The Governor shall make the appointment from among said city and county nominees. If any county board or city governing body fails to make a timely transmittal of its nominee, the Governor may add to the nominations a qualified person in lieu of said nominee; Provided however, the Governor may not add to the list a nominee in lieu of one not transmitted by an incorporated city within the coastal area that neither has a population of 2,000 or more nor is contiguous with the Atlantic Ocean.
(i)	Officers. – The chairman shall be designated by the Governor from among the members of the Commission to serve as chairman at the pleasure of the Governor. The vice-chairman shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of his regularly appointed term.
(j)	Compensation. – 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.
(k)	In making appointments to and filling vacancies upon the Commission, the Governor shall give due consideration to securing appropriate representation of women and minorities.
(l)	Regular attendance at Commission meetings is a duty of each member. The Commission shall develop procedures for declaring any seat on the Commission to be vacant upon failure by a member to perform this duty."
Sec. 2.  This act is effective upon ratification.  However, members serving on the Coastal Resources Commission at the date of ratification shall be eligible to complete their respective terms.
In the General Assembly read three times and ratified this the 29th day of June, 1989.