A joint resolution granting the consent of Congress to the compact entered into between the State of North Carolina and the State of South Carolina establishing the Lake Wylie Marine Commission.
PL 100-549 (H.J.Res.644), enacted 10/28/1988

102 STAT. 2742 
PUBLIC LAW 100-549—OCT. 28, 1988 
Public Law 100-549 
100th Congress 
Joint Resolution 
Oct 28 1988 
Granting the consent of Congress to the compact entered into between the State of 
' 
North Carolina and the State of South Carolina establishing the Lake Wylie 
[H.J. Res. 644] 
Marine Commission. 
Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, 
SECTION 1. CONSENT OF CONGRESS TO COMPACT. 
The Congress consents to the compact entered into between the 
State of North Carolina and the State of South Carolina establishing 
the Lake Wylie Marine Commission. The compact is substantially as 
follows: 
"SECTION 1. For purposes of this act: 
"(1) 'Board' means the board of commissioners of Mecklen-
burg and Gaston Counties, North Carolina and the county 
council of York County, South Carolina. 
"(2) 'Commission' means the Lake Wylie Marine Commission 
or its governing board as the case may be. 
"(3) 'Commissioner' means a member of the governing board 
of the Lake Wylie Marine Commission. 
"(4) 'Three counties' means Mecklenburg and Gaston Coun-
ties, North Carolina, and York County, South Carolina. 
"(5) 'Joint ordinance' means an ordinance substantially iden-
tical in content adopted separately by the board in each of the 
three counties. 
"(6) 'Lake Wylie' means the impounded body of water along 
the Catawba River in the three counties extending from the 
base of Mountain Island Dam downstream to the Catawba Dam. 
"(7) 'Shoreline area' means, except as restricted by a joint 
ordinance, the area within the three counties lying within 1000 
feet of the mean high-water line (570 feet) on Lake Wylie. In 
addition, the shoreline area includes all islands within Lake 
Wylie and all peninsulas extending into the waters of Lake 
Wylie. 
"(8) 'Wildlife Commission' means the North Carolina Wildlife 
Resources Commission and the South Carolina Department of 
Wildlife and Marine Resources. 
"SEC. 2. The three counties may by joint ordinance create the 
Lake Wylie Marine Commission. Upon its creation, the Commission 
has the powers, duties and responsibilities conferred upon it by joint 
ordinance subject to the laws of each applicable state. The provi-
sions of any joint ordinance may be modified, amended, or rescinded 
by a subsequent joint ordinance. A county may unilaterally with-
draw from participation as required by any joint ordinance or the 
provisions of this act, once the commission has been created. Any 
county may, by ordinance, unilaterally withdraw from the commis-
sion at the end of any budget period upon ninety days prior written 
notice. Upon the effectuation of the withdrawal, the Commission is 
PUBLIC LAW 100-549—OCT. 28, 1988 
102 STAT. 2743 
dissolved and all property of the Commission must be distributed to 
or divided among the three counties and any other public agency or 
agencies serving the Lake Wylie area in a manner considered 
equitable by the Commission by resolution adopted prior to 
dissolution. 
"SEC. 3. Upon its creation, the commission shall have a governing 
board of seven. Except as otherwise provided for the first four-year 
period, each commissioner shall serve either a three or a four-year 
term, with commissioners to serve overlapping terms so that two 
commissioner appointments are made each year. Upon creation of 
the Commission, the Board of Commissioners of Gaston County shall 
appoint three commissioners and the boards of the other two coun-
ties shall appoint two each. These initial appointees shall serve until 
September thirtieth following their appointment. 
Thereafter, 
appointments must be made for terms beginning each October first 
by the respective boards of the three counties as follows: 
"(1) First Year: Three commissioners from Gaston, one ap-
pointed for a one-year term, one appointed for a three-year term 
and one appointed for a four-year term; two commissioners from 
Mecklenburg, one appointed for a one-year term and one ap-
pointed for a two-year term; two commissioners from York, one 
appointed for a two-year term and one appointed for a three-
year term. 
"(2) Second Year: Two commissioners from Mecklenburg, one 
appointed for a three-year term and one appointed for a four-
year term. 
"(3) Third Year: Two commissioners from York, one appointed 
for a three-year term and one appointed for a four-year term. 
"(4) Fourth Year: Two commissioners from Gaston, one ap-
pointed for a three-year term and one appointed for a four-year 
term. 
"(5) Fifth and Succeeding Years: Appointments for one three-
year and one four-year term in rotation by county in the order 
set out above. 
"On the death of a commissioner, resignation, incapacity, or 
inability to serve, as determined by the board appointing the 
commissioner, or removal of the commissioner for cause, as deter-
mined by the board appointing the commissioner, the board affected 
may appoint another commissioner to fill the unexpired term. 
"SEC. 4. The joint ordinance shall state the terms relating to Wages. 
compensation to commissioners, if any, compensation of consultants 
and staff members employed by the Commission, and reimburse-
ment of expenses incurred by commissioners, consultants, and 
employees. The Commission is governed by these budgetary and 
accounting procedures as may be specified by joint ordinance. 
"SEC. 5. Upon creation of the Commission, its governing board 
shall meet at a time and place agreed upon by the boards of the 
three counties concerned. The commissioners shall elect a chairman 
and such officers as they may choose. All officers shall serve one-
year terms. The governing board shall adopt such rules and regula-
tions as it may consider necessary, not inconsistent with the 
provisions of this act or of any joint ordinance or the laws of the 
appropriate state, for the proper discharge of its duties and for the 
governance of the commission. In order to conduct business, a 
quorum must be present. The chairman may adopt those commit-
tees as may be authorized by such rules and regulations. The 
commission shall meet regularly at those times and places as may 
102 STAT. 2744 
PUBLIC LAW 100-549—OCT. 28, 1988 
Contracts. 
Safety. 
Grants. 
Taxes. 
be specified in its rules and r^ulations or in any joint ordinance. 
However, meetings of the commission must be held in all three 
counties on a rotating basis so that an equal number of meetings is 
held in each county. Special meetings may be called as specified in 
the rules and r^ulations. As to meetings held within South Caro-
lina, the provisions of Chapter 4 of Title 30, Code of Laws of South 
Carolina, 1976, (Freedom of Information Act) apply. As to meetings 
held within North Carolina, the provisions of that State's Open 
Meetings Law, Article 33C of Chapter 143 of the North Carolina 
General Statutes apply. 
"SEC. 6. (a) Within the limits of funds available to it and subject to 
the provisions of this act and of any joint ordinance the Commission 
may: 
"(1) Hire and fix the compensation of permanent and tem-
porary employees and staff as it may consider necessary in 
carrying out its duties; 
"(2) Contract with consultants for such services as it may 
require; 
"(3) Contract with the States of North Carolina, South Caro-
lina, or the federal government, or any agency, department, or 
subdivision of them for property or services as may be provided 
to or by these agencies and carry out the provisions of these 
contracts; 
"(4) Contract with persons, firms, and corporations generally 
as to all matters over which it has a proper concern and carry 
out the provisions of contracts; 
"(5) Lease, rent, purchase, or otherwise obtain suitable quar-
ters and office space for its employees and staff, and lease, rent, 
purchase, or otherwise obtain furniture, fixtures, vessels, ve-
hicles, firearms, uniforms, and other supplies and equipment 
necessary or desirable for carrying out the duties imposed in or 
under the authority of this act; 
"(6) Lease, rent, purchase, construct, otherwise obtain, main-
tain, operate, repair, and replace, either on its own or in 
cooperation with other public or private agencies or individuals, 
any of the following: boat docks, navigation aids, waterway 
markers, public information signs and notices, and other items 
of real and personal property designed to enhance public safety 
in Lake Wylie and ite shoreline area, or protection of property 
in the shoreline area subject however to the provisions of Title 
50 Code of Laws of South Carolina, 1976, or r^ulations promul-
gated under that title as to property within South Carolina, and 
Chapter 113 of the General Statutes of North Carolina and rules 
promulgated under that Chapter as to property within North 
Carolina. 
"(b) The Commission may accept, receive, and disburse in further-
ance of its functions any funds, grants, services, or property made 
available by the federal government or its agencies or subdivisions, 
by the States of North Carolina or South Carolina or their agencies 
or subdivisions, or by private and civic sources. 
"(c) The governing bodies of the three counties may appropriate 
funds to the Commission out of surplus funds or funds derived from 
nontax sources. They may appropriate funds out of tax revenues and 
may also levy annually taxes for the payments of such appropriation 
as a special purpose, in addition to any allowed by the (Jonstitution 
or in North (Carolina as provided by G.S. 153A-149. 
^'l%#f 
PUBLIC LAW 100-549—OCT. 28, 1988 
102 STAT. 2745 
"(d) The Commission is subject to those audit requirements as may 
be specified in any joint ordinance. 
"(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 officer or employee of any of the three 
counties. Such contribution in kind, if substantial, may with the 
agreement of the other two counties be considered to substitute in 
whole or in part for the financial contribution required of that 
county in support of the Commission. 
"(0 Unless otherwise specified by joint ordinance, each of the 
three counties shall annually contribute an equal financial contribu-
tion to the (Commission in an amount appropriate to support the 
activities of the Commission in canning out its duties. 
"SEC. 7. (a) A copy of the joint ordinance creating the CJommission 
and of any joint ordinance amending or repealing the joint ordi-
nance creating the (Commission must be filed with the Executive 
Director of the North Carolina Wildlife Resources (Commission and 
the Executive Director of the South Carolina Department of Wildlife 
and Marine Resources. When the Executive Directors receive ordi-
nances that are in substance identical from all three counties 
concerned, they, in accordance with procedures agreed upon, shall, 
within 10 days, certify this fact and distribute a certified single 
ordinance text to the following: 
"(1) The Secretary of State of North Carolina and the Sec-
retary of State of South Carolina; 
"(2) The clerk to the governing board of each of the three 
counties; 
"(3) The clerk of superior court of Mecklenburg and Gaston 
(Counties and the clerk of court of York (County. Upon request, 
the Executive Directors also shall send a certified single copy of 
any and all applicable joint ordinances to the chairman of the 
Commission; 
"(4) A newspaper of general circulation in the three counties. 
"(b) Unless a joint ordinance specifies a later date, it shall take 
effect when the Executive Directors' certified text has been submit-
ted to the Secretaries of State for filing. Certifications of the Execu-
tive Directors under the seal of the Commission as to the text or 
amended text of any joint ordinance and of the date or dates of 
submission to the Secretaries of State is admissible in evidence in 
any court. (Certifications by any clerk of superior court or county 
clerk of court of the text of any certified ordinance filed with him by 
the Executive Directors is admissible in evidence and the Executive 
Directors' submission of the ordinance for filing to the clerk shall 
constitute prima facie evidence that the ordinance was on the date 
of submission also submitted for filing with the Secretary of State. 
Except for the certificate of a clerk as to receipt and date of 
submission, no evidence may be admitted in court concerning the 
submission of the certified text of any ordinance by the Executive 
Directors to any person other than the Secretary of State. 
"SEC. 8. (a) Except as limited in subsection (b) of this section, by 
restrictions in any joint ordinance and by other supervening provi-
sions of law, the (Commission may make regulations applicable to 
Lake Wylie and its shoreline area concerning all matters relating to 
or affecting the use of Lake Wylie. These regulations may not 
conflict with or supersede provisions of general or special acts or of 
C!ourts, U.S. 
Regulations. 
102 STAT. 2746 
PUBLIC LAW 100-549—OCT. 28, 1988 
Public 
information. 
Law 
enforcement 
and crime. 
Law 
enforcement 
and crime. 
regulations of state agencies promulgated under the authority of 
general law. No regulations adopted under the provisions of this 
section may be adopted by the Commission except after public 
hearing, with publication of notice of the hearing in a newspaper of 
general circulation in the three counties at least 10 days before the 
hearing. In lieu of or in addition to passing regulations supple-
mentary to state law and regulations concerning the operation of 
vessels on Lake Wylie, the Commission may, after public notice, 
request that the North Carolina Wildlife Resources Commission and 
the South Carolina Department of Wildlife and Marine Resources 
pass local regulations on this subject in accordance with the proce-
dure established by appropriate state law. 
"(b) Violation of any regulation of the Commission commanding 
or prohibiting an act is a misdemeanor punishable by a fine not to 
exceed two hundred dollars or 30 days imprisonment. 
"(c) The regulations promulgated under this section take effect 
upon passage or upon such dates as may be stipulated in the 
regulations except that no regulation may be enforced unless ade-
quate notice of the regulation has been posted in or on Lake Wylie 
or its shoreline area. Adequate notice as to a regulation affecting 
only a particular location may be by a sign, uniform waterway 
marker, posted notice, or other effective method of communicating 
the essential provisions of the regulation in the immediate vicinity 
of the location in question. Where a regulation applies generally as 
to Lake Wylie or its shoreline area, or both, there must be a posting 
of notices, signs, or markers communicating the essential provisions 
in at least three different places throughout the area and it must be 
printed in a newspaper of general circulation in the three counties. 
"(d) A copy of each regulation promulgated under this section 
must be filed by the Commission with the following persons: 
"(1) The Secretaries of State of North and South Carolina; 
"(2) The clerk of superior court of Mecklenburg and Gaston 
Counties and the clerk of court of York County; 
"(3) The Executive Directors of the Wildlife Resources 
Commission of North Carolina and South Carolina Wildlife and 
Marine Resources Department. 
"(e) Any official designated in subsection (d) above may issue 
certified copies of regulations filed with him under the seal of his 
office. These certified copies may be received in evidence in any 
proceeding. 
"(f) Publication and filing of regulations promulgated under this 
section as required above is for informational purposes and is not a 
prerequisite to their validity if they in fact have been duly promul-
gated, 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. Rules and regulations promulgated by the Commission 
under the provisions of other sections of this act relating to internal 
governance of the Commission need not be filed or published. Where 
posting of any sign, notice, or marker or the making of other 
communication is essential to the validity of a regulation duly 
promulgated, it is presumed in any proceeding that prior notice was 
given and maintained and the burden lies upon the party asserting 
to the contrary to prove lack of adequate notice of any regulation. 
"SEC. 9. (a) Where a joint ordinance so provides, all law enforce-
ment officers, or those officers as may be designated in the joint 
PUBLIC LAW 100-549—OCT. 28, 1988 
102 STAT. 2747 
ordinance, with territorial jurisdiction as to any part of Lake Wylie 
or its shoreline area, within the limitations of their subject matter 
jurisdiction, have the authority of peace officers in enforcing the 
laws over all of Lake Wylie and its shoreline area. 
"(b) Where a joint ordinance provides it, the Commission may hire 
special officers to patrol and enforce the laws on Lake Wylie and its 
shoreline area. These special officers have and may exercise all the 
powers of peace officers generally within the area in question and 
shall take the oaths and are subject to all provisions of law relating 
to law enforcement officers. 
"(c) Every criminal violation must be tried in the county where it 
occurred. However, a certificate of training by the South Carolina 
Criminal Justice Academy, or a similar certificate issued by the 
North Carolina Criminal Justice Education and Training Standards 
Commission or the North Carolina Sheriffs' Education and Training 
Standards Commission will suffice for certification in both states for 
the purposes of this act. 
"(d) Where a law enforcement officer with jurisdiction over any 
part of Lake Wylie or its shoreline area is performing duties relat-
ing to the enforcement of the laws on Lake Wylie or in its shoreline 
area, he has such extraterritorial jurisdiction as may be necessary to 
perform his duties. These duties include investigation of crimes an 
officer reasonably believes have been, or are about to be, committed 
within the area in question. This includes traversing by reasonable 
routes from one portion of this area to another although across 
territory not within the boundaries of Lake Wylie and its shoreline 
area; conducting prisoners in custody to a court or detention facili-
ties as may be authorized by law, although this may involve going 
outside the area in question; execution of process connected with 
any criminal offense alleged to have been committed within the 
boundaries in question, except that this process may not be executed 
by virtue of this provision beyond the boundaries of the three 
counties. This also includes continuing pursuit of and arresting any 
violator or suspected violator as to which grounds for arrest arose 
within the area in question. 
"(e) Where law enforcement officers are given additional terri-
torial jurisdiction under the provisions of this section, this is consid-
ered an extension of the duties of the office held and no officer shall 
take any additional oath or title of office. 
"SEC. 10. This act shall become effective upon enactment by the 
State of South Carolina and upon approval by the Congress of the 
United States. 
"Either North Carolina or South Carolina may withdraw from 
this Compact by enacting a statute repealing the same, but no 
withdrawal is effective until the Governor of the withdrawing state 
has sent formal notice in writing to the Governor of each other 
party state informing the Governors of the action of the legislature 
in repealing the Compact and declaring an intention to withdraw. 
This withdrawal is effective on a date set by the withdrawing state, 
but not less than 90 days after enactment of the withdrawal statute. 
In case of the withdrawal, the property of the Commission must be 
divided in an equitable manner by the Commission as if dissolution 
had occurred under Section 2 of this act.". 
Law 
enforcement 
and crime. 
Prisoners. 
Effective date. 
102 STAT. 2748 
PUBLIC LAW 100-549—OCT. 28, 1988 
SEC. 2. RESERVATION. 
The right of Congress to alter, amend, or repeal this joint resolu-
tion is hereby expressly reserved. 
Approved October 28, 1988. 
LEGISLATIVE HISTORY—H.J. Res. 644: 
HOUSE REPORTS: No. 100-1039 (Coram, on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Oct. 5, considered and passed House. 
Oct. 12, considered and passed Senate.