Bill Summaries: S374 (2011-2012 Session)

Tracking:
  • Summary date: May 10 2011 - View summary

    Senate committee substitute makes the following changes to 1st edition. Amends proposed GS 113-291.12 by deleting the word “take” and substituting the word “hunt” throughout. Amends GS 113-291.12(c) to make it unlawful to take fish from private ponds, as defined in GS 113-129(13). Further amends GS 113-291.12(c) by clarifying that it is not a violation of the subsection to retrieve hunting dogs that have strayed onto another’s land, provided the hunter does so without a firearm, bow and arrow, or crossbow, does not operate a motor vehicle on the land, and the land is neither posted in accordance with GS 14-159.7 or enclosed by a fence. Amends GS 14-159.7 by providing the owner or lessee of property an additional method of posting property by placing purple paint marks, as detailed, around the area to be posted. Makes a conforming change to GS 14-159.6 and to the bill title. Amends GS 14-159.10, clarifying that Article 22A of GS Chapter 14 may be enforced by sheriffs or deputy sheriffs, law enforcement officers of the Wildlife Resources Commission, and other peace officers with general subject matter jurisdiction.


  • Summary date: Mar 17 2011 - View summary

    Enacts new GS 113-291.12 to make it unlawful to take or attempt to take wildlife by discharging a firearm, bow and arrow, or crossbow from, on, across, or over the right-of-way of any state-maintained public road or highway, except as allowed on state game lands. Makes it unlawful to possess a loaded firearm outside a vehicle’s passenger compartment on a right-of-way while taking or attempting to take wildlife, unless the individual is the owner or lessee of the land abutting the right-of-way or carries written permission by the owner or lessee, dated within the last 12 months. Makes it unlawful to take or attempt to take wildlife on another’s land without carrying written permission, dated within the last 12 months. Specifies that a person has written permission if the landowner or lessee granted permission to a hunting club and the person carries a current hunting club membership card and a valid copy of written permission granted to the club. Makes a violation of the statute a Class 3 misdemeanor; however, makes a second or subsequent violation within three years a Class 2 misdemeanor with a fine of at least $250 and the loss of hunting privileges for 12 months. Makes law enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by law enforcement officers with general subject matter jurisdiction. Clarifies that, in the case of conflict, the statute prevails. Repeals various local acts or portions of local acts that conflict with the statute. Applies to offenses committed on or after October 1, 2011.