WILDLIFE RESOURCES COMM. PENALTY CHANGES.

View NCGA Bill Details2013-2014 Session
Senate Bill 636 (Public) Filed Tuesday, April 2, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE BOATING SAFETY ACT BY INCREASING THE FINES AND OTHERWISE AMENDING THE PENALTY AND OTHER PROVISIONS OF THAT ACT AND BY AMENDING THE PENALTY PROVISIONS FOR SPECIFIC VIOLATIONS OF THE WILDLIFE LAWS; TO AUTHORIZE COUNTIES AND CITIES TO ATTACH AND GARNISH A MEMBER OF THE GOVERNING BODY IF THE COUNTY OR CITY HAS BEEN GRANTED A MONEY JUDGMENT AGAINST THAT MEMBER AND THE MONEY JUDGMENT HAS NOT BEEN SATISFIED; AND TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROHIBIT CONDEMNATION OF PRIVATE PROPERTY EXCEPT FOR A PUBLIC USE, TO PROVIDE FOR THE PAYMENT OF JUST COMPENSATION WITH RIGHT OF TRIAL BY JURY IN ALL CONDEMNATION CASES, AND TO MAKE SIMILAR STATUTORY CHANGES.
Intro. by Newton.

Status: Re-ref Com On Judiciary I (Senate Action) (Jul 16 2013)

SOG comments (2):

Long title change

Senate committee substitute to the first edition changed the long title. Original long title was A BILL TO BE ENTITLED AN ACT TO AMEND THE BOATING SAFETY ACT BY INCREASING THE PENALTIES AND OTHERWISE AMENDING THE PENALTY AND OTHER PROVISIONS OF THAT ACT AND BY AMENDING THE PENALTY PROVISIONS FOR SPECIFIC VIOLATIONS OF THE WILDLIFE LAWS.

 

 

Long Title

House committee substitute to the 3rd edition makes changes to the long title. The original title was as follows: A BILL TO BE ENTITLED AN ACT TO AMEND THE BOATING SAFETY ACT BY INCREASING THE FINES AND OTHERWISE AMENDING THE PENALTY AND OTHER PROVISIONS OF THAT ACT AND BY AMENDING THE PENALTY PROVISIONS FOR SPECIFIC VIOLATIONS OF THE WILDLIFE LAWS.

S 636

Bill Summaries:

  • Summary date: Jul 11 2013 - More information

    House amendment makes the following changes to the 4th edition.

    Amends GS 40A-3(1) and the prefatory language of GS 40A-3(a) regarding the exercise of eminent domain for public use by corporations, bodies politic, or persons for the construction of specified structuresto authorize the acquisition of property by purchase or condemnation for the purposes of constructing communications facilities (was, telegraphs and telephones),facilities related to the distribution of natural gas,and pipelines or mains originating in North Carolina for the transportation of natural gas.


  • Summary date: Jul 10 2013 - More information

    House committee substitute to the 3rd edition makes the following changes.

    Enacts new GS 160A-64.1 and GS 153A-30 to allow city and county finance officers that obtain a final judgment awarding monetary damages against an elected or appointed member of the city council or board of commissioners to enforce the final judgment using remedies in GS 105-366(b) or the procedure for attachment and garnishment in GS 105-368 as if final judgment awarding monetary damages were delinquent taxes and the finance officer were the tax collector. Provides that the statutory provision that limits the amount of compensation that may be garnished to no more than 10% for any one pay period does not apply. Effective October 1, 2013, and applies to final judgments awarding monetary damages that are unsatisfied or entered on or after that date.

    Amends Article 1 of the state constitution, if approved by the state's qualified voters at a statewide election on November 4, 2014, to provide that private property will not be taken by eminent domain except for a public use, and requiring just compensation to be paid and determined by a jury at any party's request.

    Makes conforming statutory changes, allowing eminent domain for public use (was public use, or benefit). Amends GS 40A-3 to give private condemnors, local public condemnors, and other public condemnors in specified subsections of the statute the power of eminent domain and to allow those entities to acquire any property for the connection of any customer by purchase, gift, or condemnation. Effective when the act becomes law and applies to takings occurring on or after that date.

    Makes changes to the boating laws and wildlife effective October 1, 2013 (was, December 1, 2013).

    Makes technical and organizational changes. Amends the act's long title.


  • Summary date: Jun 26 2013 - More information

    House committee substitute to the 2nd edition makes the following changes.

    Amends GS 75A-6.1(c) to make a violation of any rule governing navigational lighting a Class 3 misdemeanor (was, violation of the navigation rules in (a) of the statute are an infraction).

    Deletes proposed changes to GS 75A-17(f), which would have decreased the punishment level for failing to slow to a no-wake speed when passing within 100 feet of a law enforcement vessel displaying a flashing blue light.

    Amends GS 75A-18 to make it a Class 3 misdemeanor, subject to a fine of no more than $250, to violate the Boating Safety Act. Makes it an infraction, with a $50 fine, to violate a rule adopted by the Wildlife Resources Commission under the authority of GS Chapter 75A (was, an infraction to violate a provision of the Boating Safety Act or violate a rule adopted under authority of the Chapter). Provides that a person convicted of an infraction is not assessed court costs.

    Amends GS 113-294 to make it a Class 1 misdemeanor to unlawfully take, possess, or transport elk, no matter where the elk is located (was, take, possess, or transport elk from state-owned land).


  • Summary date: May 13 2013 - More information

    Senate committee substitute to the 1st edition makes the following changes. Deletes proposed changes to GS 75A-6.1(c) and instead amends the subsection to make violation of the navigation rules specified in (a) an infraction (was, a Class 3 misdemeanor).

    Amends GS 75A-131.1 (concerning skin and scuba divers in boating waters) to make violation of the statute an infraction (was, Class 3 misdemeanor subject to a maximum $25 fine).

    Makes clarifying changes to GS 75A-13.3(b1).

    Amends GS 75A-13.3(c3) to provide that a vessel livery that fails to provide basic safety instruction is responsible for an infraction (was, guilty of a Class 3 misdemeanor).

    Makes clarifying changes to GS 75A-16.2(c).

    Amends GS 75A-17(f) to make violation of requirement to slow to a no-wake speed when passing within 100 feet of a law enforcement vessel displaying a flashing blue light an infraction (was, a Class 3 misdemeanor).

    Deletes proposed changes to GS 75A-18 and instead provides that a person who violates a provision of the Boating Safety Act, or a rule adopted under the Chapter's authority, is responsible for an infraction (was, Class 3 misdemeanor subject to a maximum fine of $250).

    Amends the act's long title.


  • Summary date: Apr 4 2013 - More information

    Amends GS 75A-3 (Wildlife Resources Commission to administer Chapter; Vessel Committee; funds for administration), changing title to Wildlife Resources Commission to administer Chapter; Boating Safety Committee; funds for administration. Makes conforming changes.

    Amends GS 75A-6.1(c), establishing that a violation of any rule regarding the navigational lighting adopted by the Wildlife Resources Commission (Commission) will constitute a Class 3 misdemeanor (previously, constituted a Class 3 misdemeanor and was punishable by a fine not to exceed $100).

    Amends GS 75A-10, providing that anyone who violates subsection (b1) (operating a vessel while under the influence) of this section is guilty of a Class 2 misdemeanor, punishable by a fine not less than $250.  Makes conforming and technical changes.

    Amends GS 75A-13.3, providing that a person who is the lawful owner of a personal watercraft or a person having control of a personal watercraft who knowingly allows a person under 16 years of age to operate it in violation of the provisions of subsection (b) of this section is guilty of an infraction, as provided in GS 14-3.1 (was, a person under 16 years of age operating the watercraft in violation was subject to the infraction).

    Amends GS 75A-16.2 to provide that a person has complied with the requirements of boating safety education if the person provides proof that they were born on or before January 1, 1988 (was, provides proof that they are at least 26 years of age). Provides that any person who violates a provision of this section or a rule adopted pursuant to this section is guilty of an infraction, as provided in GS 14-3.1, and will pay a fine of $50 (was, the court will assess court costs for each violation but will not assess a penalty).

    Amends GS 75A-18 (Penalties), making clarifying and technical changes. Provides that any person who violates a rule adopted by the Commission under this Chapter is guilty of an infraction, as provided in GS 14-3.1, and will pay a fine of $50. No court costs will be assessed.

    Amends GS 113-294 (Specific violations), providing that any person who unlawfully sells, possesses for sale, or buys any wildlife is guilty of a Class 2 misdemeanor, punishable by a fine not less than $250. Provides that any person who unlawfully sells, possesses for sale, or buys any deer or wild turkey is guilty of a Class 2 misdemeanor, punishable by a fine not less than $500 (was, not less than $250). Provides that any person  who unlawfully takes, possesses, or transports any elk from state-owned land is guilty of a Class 1 misdemeanor, punishable by a fine of not less than $2,500, in addition to such other punishment prescribed for the offense. Provides that any person who unlawfully takes, possesses, or transports any deer is guilty of a Class 3 misdemeanor, punishable by a fine not less than $250 (was, $100). Provides that any person who unlawfully takes, possesses, or transports any deer from land that has been posted, in accordance with the provisions of GS 14-159.7, without written permission of the landowner, lessee, or the agent of the landowner or lessee is guilty of a Class 2 misdemeanor, punishable by a fine of not less than $500. Provides that any person who unlawfully takes deer between a half hour after sunset and a half hour before sunrise with the aid of an artificial light is guilty of a Class 2 misdemeanor, punishable by a fine of not less than $500 (was, $250).  Provides that any person who unlawfully takes any migratory game bird with a rifle, or various other unlawful actions concerning game birds, is guilty of a Class 2 misdemeanor, punishable by a fine of not less than $250 (was, $100). Provides fines for unlawful acts regarding the placement of processed food products as bear bait in certain areas of the state as well as any person who violates provisions of GS 113-291.12 regarding removal of feral swine from a trap, both resulting in Class 2 misdemeanors and punishable by a fine not to exceed $250.

    Effective December 1, 2013, and applies to offenses committed on or after that date.

     


  • Summary date: Apr 2 2013 - More information

    To be summarized.


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