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SECTION 503. Section 46-39-130 of the 1976 Code is amended to read:

"Section 46-39-130. Upon the payment to the treasurer or the secretary-treasurer of the association of at least twenty per cent of the aggregate amount of the capital subscribed payable in money and also upon the delivery of at least twenty per cent of the property subscribed to the aggregate amount of the capital stock or upon its delivery being secured by such obligations of the subscribers as the board of directors may approve the board of directors shall, over their own signatures, certify to the Secretary of State Department of Commerce that all the requirements for the formation of the association have been complied with.

Upon the filing of this return by the directors and the payment of the required fee for filing such return and upon the receipt of the charter fee as now provided by law the Secretary of State Department of Commerce shall issue to the board of incorporators a certificate of charter authorizing the association to commence business under the name and for the purposes indicated in the written declaration. The certificate of charter granted by the Secretary of State Department of Commerce shall be recorded in the office of the register of mesne conveyances or the clerk for the county in which such association shall have a business office. The board of incorporators shall turn over to the proper officers of the association all subscriptions, lists and other papers which they have taken as incorporators and all such papers shall be as valid as if taken and made by the association."

SECTION 504. Section 46-39-150 of the 1976 Code is amended to read:

"Section 46-39-150. Any association organized for the purposes aforesaid which shall have accomplished the purpose for which it has been organized or which may desire to wind up its affairs may do so upon a vote of a two-thirds majority of its members at a meeting of which published notice or written notice mailed to each member shall be given. Such notice shall state the purpose of the proposed meeting. A certificate stating such facts shall be filed with the Secretary of State Department of Commerce."

SECTION 505. Section 46-39-160 of the 1976 Code is amended to read:

"Section 46-39-160. A certified copy of the charter and any amendment thereof from the Secretary of State Department of Commerce or from the clerk of the court or register of mesne conveyances of the

SECTION 506. Section 46-39-170 of the 1976 Code is amended to read:

"Section 46-39-170. All papers required to be filed hereunder and all charters or amendments thereof that may be granted shall be filed under proper numbers and indexed by the Secretary of State Department of Commerce. The charter or amendments shall be recorded within thirty days after its receipt in the office of the clerk of court or register of mesne conveyances in the county in which the corporation is organized."

SECTION 507. Section 48-4-30 of the 1976 Code, as added by Section 1174, Act 181 of 1993, is amended to read:

"Section 48-4-30. The department shall be governed by a board consisting of seven non-salaried board members. Board members of the former Department of Wildlife and Marine Resources shall serve as board members for the Department of Natural Resources until their terms expire and their successors are appointed and qualify. All board members shall be appointed by the Governor with the advice and consent of the Senate. One member shall be appointed from each congressional district of the state and one shall be appointed from the state at-large. In making appointments, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State; however, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. Board members must possess sound moral character, superior knowledge in the fields of wildlife, marine, and natural resource management, and proven administrative ability.

The Governor may remove any board member pursuant to the provisions of Section 1-3-240.

Terms of the members shall be for four years and until their successors are appointed and qualify. If a vacancy occurs when the General Assembly is not in session, it must be filled by the Governor's appointment for the unexpired term, subject to confirmation by the Senate at the next session of the General Assembly.

Each board member, within thirty days after notice of appointment and before taking office, shall take and file with the Secretary of State Governor the oath of office prescribed by the State Constitution.

SECTION 508. Section 48-9-620 of the 1976 Code, as last amended by Section 1188, Act 181 of 1993, is further amended to read:

"Section 48-9-620. [From and after July 1, 1994, this section reads as follows:] The two appointed commissioners shall present to the Secretary of State Governor an application signed by them, which shall set forth (and such application need contain no detail other than the mere recitals) that:

(1) A petition for the creation of the district was filed with the department pursuant to the provisions of this chapter and that the proceedings specified in this chapter were taken pursuant to such petition;

(2) The application is being filed in order to complete the organization of the district under this chapter and the department has appointed the signers as commissioners;

(3) The name and official residence of each of the commissioners, together with a certified copy of the appointments evidencing their right to office;

(4) The term of office of each of the commissioners;

(5) The name which is proposed for the district; and

(6) The location of the principal office of the commissioners of the district.

The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of this State to take and certify oaths, who shall certify upon the application that he personally knows the commissioners and knows them to be the officers as affirmed in the application and that each has subscribed thereto in the officer's presence. The application shall be accompanied by a statement by the department which shall certify (and such statement need contain no detail other than the mere recitals) that a petition was filed, notice issued and hearing held as provided in Sections 48-9-510 and 48-9-540; that the department did duly determine that there is need, in the interest of the public health, safety and welfare, for a soil and water conservation district to function in the proposed territory and did define the boundaries thereof; that notice was given and a referendum held on the question of the creation of such district and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; and that thereafter the department did duly determine that the operation of the proposed district is administratively practicable and feasible. Such statement shall set forth the boundaries of the district as defined by the department."

"Section 48-9-630. [From and after July 1, 1994, this section reads as follows:] The Secretary of State Governor shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other soil and water conservation district of this State or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them and shall record them in an appropriate book of record in his office. If the Secretary of State Governor shall find that the name proposed for the district is identical with that of any other soil and water conservation district of this State or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the department, which shall thereupon submit to the Secretary of State Governor a new name for the district, which shall not be subject to such defects. Upon receipt of such new name, free of such defects, the Secretary of State Governor shall record the application and statement, with the name so modified, in an appropriate book of record in his office. When the application and statement have been made, filed and recorded, as provided in Section 48-9-620 and this section, the district shall constitute a governmental subdivision of this State and a public body corporate and politic exercising public powers. The Secretary of State Governor shall make and issue to the commissioners a certificate, under the seal of the State, of the due organization of the district and shall record such certificate with the application and statement."

SECTION 510. Section 48-9-650 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 48-9-650. In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of the district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State Governor as provided in Section 48-9-630. A copy of such certificate duly certified by the Secretary of State Governor shall be admissible in evidence in any such suit, action or proceeding and shall be proof of the filing and contents thereof."

SECTION 511. Section 48-9-850 of the 1976 Code, as last amended by Section 1189, Act 181 of 1993, is further amended to read:

"Section 48-9-850. The department shall then proceed in accordance with Sections 48-9-610 to 48-9-630 to organize the subdivision into a district and to inform the Secretary of State Governor of the change in the

SECTION 512. Section 48-9-1040 of the 1976 Code, as last amended by Section 1190, Act 181 of 1993, is further amended to read:

"Section 48-9-1040. Upon receipt from the department of a certification that the department has determined that the continued operation of the district is not administratively practicable and feasible, pursuant to the provisions of this article, the commissioners shall forthwith proceed to terminate the affairs of the district. The commissioners shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of such sale to be converted into the State Treasury. The commissioners shall thereupon file an application, duly verified, with the Secretary of State Governor for the discontinuance of such district and shall transmit with such application the certificate of the department setting forth the determination of the department that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as in this section provided and shall set forth a full accounting of such properties and proceeds of the sale. The Secretary of State Governor shall issue to the commissioners a certificate of dissolution and shall record such certificate in an appropriate book of record in his office."

SECTION 513. Section 48-27-20 of the 1976 Code is amended to read:

"Section 48-27-20. A State Board of Registration for Foresters is created whose duty it is to administer the provisions of this chapter. The Board shall consist of five registered foresters, recommended by the Foresters Council of South Carolina and two nonforester members recommended by the South Carolina Forestry Association, appointed by the Governor. The Governor shall also consider nominations from any other individual, group, or association. Each member of the Board must be commissioned by the Governor and, before beginning his term of office, shall file with the Secretary of State Governor his written oath or affirmation for the faithful discharge of his official duty. On the expiration of the term of any member of the Board, three nominees for each position recommended by the designated group must be submitted to the Governor from which he shall appoint for a term of five years a Board member having the qualifications required by Section 48-27-30 to take the place of each member whose term on the Board is expiring. Any vacancy occurring for a reason other than the expiration of office must be filled by the Governor from three nominees recommended by the designated group to

SECTION 514. Section 48-27-220 of the 1976 Code is amended to read:

"Section 48-27-220. A roster, showing the names and places of business of all registered foresters qualified according to the provisions of this chapter, shall be prepared by the secretary of the board during the month of July of each year. Copies of this roster shall be mailed to each person so registered, placed on file with the Secretary of State Governor, and furnished to the public on request."

SECTION 515. Section 48-37-30 of the 1976 Code is amended to read:

"Section 48-37-30. When the Governor shall have executed such compact on behalf of this State and shall have caused a verified copy thereof to be filed with the Secretary of State in his office, and when such compact shall have been ratified by one or more of the states named in Section 48-37-10, then such compact shall become operative and effective as between this State and such other state or states. The Governor shall take such action as may be necessary to complete the exchange of official documents as between this State and any other state ratifying such compact."

SECTION 516. Section 48-43-40(D) of the 1976 Code, as last amended by Section 1236, Act 181 of 1993, is further amended to read:

"(D) All rules, regulations, and orders made by the Department of Health and Environmental Control shall be in writing, shall be entered in full and indexed in books to be kept by the department for that purpose, and shall be public records open for inspection at all times during office hours. In addition, all rules and regulations shall be filed with the Secretary of State pursuant to the Administrative Procedures Act (Chapter 23, Title 1). A copy of any rule, regulation or order, certified by any member of the department or the department, under its seal, shall be received in evidence in all courts of this State with the same effect as the original."

SECTION 517. Section 49-7-120 of the 1976 Code is amended to read:

"Section 49-7-120. The Authority shall conduct its affairs on the fiscal year basis employed by the State, viz., its fiscal year shall begin on July first of each year and shall end on June thirtieth of the succeeding year.

SECTION 518. Section 49-19-320 of the 1976 Code is amended to read:

"Section 49-19-320. Immediately after the district has been declared a corporation by the court the clerk thereof shall transmit to the Secretary of State Governor a certified copy of the findings and decree of the court incorporating the district and such copy shall be filed in the office of the Secretary of State Governor. A copy of such findings and decree together with a plat of the district showing the outside boundary lines shall also be filed in the office of the clerk of the court of common pleas in each of the counties having land in the district, where such copy shall become a permanent record, and each such clerk shall receive a fee of one dollar for filing and preserving it."

SECTION 519. Section 49-19-2540 of the 1976 Code is amended to read:

"Section 49-19-2540. The clerk of the court shall, within ten days after the granting of such decree, transmit a certified copy of the petition to the secretary of the board of supervisors and also a copy to each of the clerks of the courts of common pleas of the counties having land in the district and to the Secretary of State Governor. Each such clerk shall file and preserve the copy in his office and for such filing and preserving he shall receive a fee of one dollar."

SECTION 520. Section 49-19-2580 of the 1976 Code is amended to read:

"Section 49-19-2580. When the petition has been filed the clerk of the court shall give notice of such filing in the manner provided for giving notice in Section 49-19-250, the notice to state substantially the contents of the petition and the objects sought and the term of court at which the matter is to be heard. Any person owning land in either of the districts may, on or before the first day of such term of court, file objections to the regularity or sufficiency of any of the proceedings had in the premises and if such objections are overruled or if no objections are made the court shall make an order that any two or more of the several districts so asking to be united shall be united and consolidated as one district, under some appropriate designation, with all the rights, powers and privileges of such

SECTION 521. Section 49-19-2610 of the 1976 Code is amended to read:

"Section 49-19-2610. If a majority of the acreage represented at such meeting shall vote in favor of such extension the board of supervisors shall, not less than ten days before the next term of the court of common pleas, file a petition with the clerk of such court, praying for the extension of the corporate existence of the district. After filing the petition the same proceedings shall be had as is provided for in this chapter relating to the incorporation of the district. If such petition be granted by the court within ten days thereafter the clerk shall transmit a copy of the decree to the secretary of the board of supervisors, a copy to the Secretary of State Governor and a copy to the clerk of the court of common pleas of each county having land in the district. Such clerks shall file and preserve the copies in their respective offices and for such service shall each receive a fee of one dollar. In case the court should find that such extension should not be allowed the petition shall be dismissed and the cost incurred in the case be paid by the district."

SECTION 522. Section 49-27-70 of the 1976 Code, as last amended by Section 1253, Act 181 of 1993, is further amended to read:

"Section 49-27-70. (A) A copy of the joint ordinance creating the commission and of any joint ordinance amending or repealing the joint ordinance creating the commission must be filed with the Executive Director of the North Carolina Wildlife Resources Commission and the Director of the South Carolina Department of Natural Resources. When the directors receive ordinances that are in substance identical from all three counties concerned, they, in accordance with procedures agreed upon, shall, within ten days, certify this fact and distribute a certified single ordinance text to the following:

(1) the Secretary of State of North Carolina and the Secretary of State Governor 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 directors also

(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 directors' certified text has been submitted to the Secretaries of State named officials for filing. Certifications of the 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 named officials 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 directors is admissible in evidence and the 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 Governor of South Carolina. 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 directors to any person other than the Secretary of State Governor of South Carolina."

SECTION 523. Section 49-27-80 of the 1976 Code, as last amended by Section 1254, Act 181 of 1993, is further amended to read:

"Section 49-27-80. (A) Except as limited in subsection (B) of this section, by restrictions in any joint ordinance, and by other supervening provisions 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 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 ten days before the hearing. In lieu of or in addition to passing regulations supplementary 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 Natural Resources pass local regulations on this subject in accordance with the procedure 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 thirty days' imprisonment.

(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 Secretary of State of North Carolina and the Governor of South Carolina;

(2) the clerk of superior court of Mecklenburg and Gaston Counties and the clerk of court of York County;

(3) the Directors of the Wildlife Resources Commission of North Carolina and the South Carolina Department of Natural Resources.

(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 promulgated, 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 chapter 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."

SECTION 524. Section 50-3-140 of the 1976 Code, as last amended by Section 1258, Act 181 of 1993, is further amended to read:

"Section 50-3-140. [From and after July 1, 1994, this section reads as follows:] The department shall file with the Secretary of State and

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