NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 825

HOUSE BILL 1169

 

 

AN ACT TO AMEND ARTICLE 24 OF CHAPTER 143 OF THE GENERAL STATUTES WITH RESPECT TO THE WILDLIFE RESOURCES COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Notwithstanding any provision of the Executive Organization Act of 1973 to the contrary, the Wildlife Resources Commission shall exercise all its prescribed statutory powers independently of the Secretary of Natural and Economic Resources. To the end that the independence of the Wildlife Resources Commission be preserved, the Executive Organization Act of 1973 shall not be construed as amending or repealing the provisions of G.S. 143A-118.

Sec. 2.  G.S. 143-241, as the same appears in the 1971 Cumulative Supplement to the 1964 Replacement Volume 3C of the General Statutes, is hereby amended by deleting the last paragraph and by inserting in lieu thereof the following:

"Vacancies occurring through expiration of terms of the members of the Commission shall be filled by appointment by the Governor from a list of five names from each Wildlife District, recommended and submitted by the adult interested citizens of each respective district. When the term of a member expires, the Director or his designee shall call a meeting of the adult interested citizens in that district not later than 60 days prior to the expiration of such member's term. Such meetings shall be held as near to the geographic center of the district as possible and in a public building. Notice of the meeting shall be given by publication once each week for four successive weeks, the fourth notice appearing at least 10 days prior to the meeting, in a newspaper having general circulation in the district. In addition, notice of the meeting shall be posted at the courthouse door of each county in the district at least 30 days prior to said meeting. At such meeting, the adult interested citizens in attendance shall select, and the Director shall submit to the Governor, a list of five residents and citizens of the district who are well informed on the subject of wildlife conservation and restoration. The Governor shall appoint a successor to the member whose term is about to expire within 60 days following the submission to him by the Director of the list hereinabove referred to and in no event later than July 1.

Meetings of adult interested citizens held pursuant to this section shall be conducted pursuant to Robert's Rules of Order. When the meeting has been called to order, any adult interested citizen may place in nomination the name of an adult resident citizen of the respective district to be considered for nomination. After the nominations have ceased, each adult interested citizen present may vote for one of the nominees. The five receiving the most votes shall be submitted to the Governor.

'Adult interested citizen' as used in this section means any adult interested citizen who is a resident of any county within the district. All members appointed pursuant to this section shall serve until their successors are appointed and qualified."

Sec. 3.  G.S. 143-242 is rewritten to read as follows:

"§ 143-242.  Vacancies by death, resignation or otherwise. — Vacancies on the Commission occurring by reason of death, resignation or otherwise for an unexpired term of a duration of more than one year shall be filled as provided in G.S. 143-241. Vacancies on the Commission by reason of death, resignation or otherwise for an unexpired term of one year or less shall be filled by the Governor by appointment of an adult resident citizen from the appropriate district.

The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, or nonfeasance."

Sec. 4.  G.S. 143-243 is hereby amended by adding at the end thereof the following sentence: "Meetings of the Commission shall be conducted pursuant to Robert's Rules of Order."

Sec. 5.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 24th day of May, 1973.