Bill Summary for H 366 (2013-2014)

Summary date: 

Mar 20 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 366 (Public) Filed Wednesday, March 20, 2013
A BILL TO BE ENTITLED AN ACT TO (1) MAINTAIN THE CONFIDENTIALITY OF ENVIRONMENTAL INVESTIGATIONS FOR AGRICULTURAL OPERATIONS AND DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ADOPT RULES FOR A FORMAL COMPLAINT PROCEDURE; (2) CLARIFY THE AUTHORITY OF LOCAL GOVERNMENTS TO ADOPT ORDINANCES RELATED TO FERTILIZER; (3) REWRITE THE LANDSCAPE CONTRACTOR LICENSING STATUTES; (4) STUDY THE STATE'S PARTICIPATION IN THE COMMERCIAL VEHICLE SAFETY ALLIANCE NORTH AMERICAN STANDARD INSPECTION PROGRAM; (5) CLARIFY THE MEANING OF THE TERMS "PLANTING AND HARVESTING SEASON" AND "PLANTING AND HARVESTING PERIOD" FOR PURPOSES OF APPLYING FEDERAL LAWS OR REGULATIONS RELATING TO HOURS OF SERVICE RULES FOR CERTAIN DRIVERS TRANSPORTING AGRICULTURAL PRODUCTS; (6) AMEND THE CHAIRMANSHIP OF THE AGRICULTURE AND FORESTRY AWARENESS STUDY COMMISSION; (7) ALLOW THE COMMISSIONER OF AGRICULTURE TO APPOINT LAW ENFORCEMENT OFFICERS TO CARRY OUT THE LAW ENFORCEMENT RESPONSIBILITIES OF THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES; (8) AMEND THE HORSE INDUSTRY PROMOTION ACT; (9) ALLOW THE USE OF PESTICIDES TO CONTROL MOLES; (10) CLASSIFY TRESPASSING ON AN AGRICULTURAL FACILITY AS A FIRST DEGREE TRESPASS; (11) REQUIRE WRITTEN CONSENT TO OPERATE AN ALL-TERRAIN VEHICLE ON PROPERTY OWNED BY ANOTHER; (12) ALLOW DRAINAGE DISTRICTS TO MAINTAIN DITCHES IN BUFFER ZONES; (13) CLARIFY PERIODIC INSPECTIONS AUTHORITY OF THE NORTH CAROLINA HOUSING FINANCE AGENCY; (14) PERMIT SECURITY GRILLES AT ALL EXITS OF A BUILDING SUBJECT TO CERTAIN CONDITIONS; (15) DESIGNATE THE "GOT TO BE NC" MARKETING CAMPAIGN AS THE OFFICIAL AGRICULTURAL MARKETING CAMPAIGN FOR THE STATE; (16) ALLOW CERTIFICATION OF PRIVATE PESTICIDE APPLICATORS; AND (17) EXEMPT STATE FAIR ADMISSION FEES FROM RULE MAKING.
Intro. by Langdon, Dixon.

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Bill summary

Amends GS 1-339.17(c1) and GS 20-81.12(b35) making technical changes, replacing "Division of Forest Resources" with "North Carolina Forest Service," conforming to the renaming of the NC Forest Service.

Amends GS 77-13 and GS 77-14, making technical changes, replacing "Department of Environment and Natural Resources" with "Department of Agriculture and Consumer Services."

Amends GS 97-2 (Definitions), GS 105-259(b)(41), GS 105-277.7(a)(2), GS 105-296(j), and GS 106-202.14(b)(3), making technical changes, replacing "Division of Forest Resources" with "North Carolina Forest Service."

Amends GS 106-860(d)(11), making technical changes, replacing "Director of Forest Resources" with "Assistant Commissioner of the North Carolina Forest Service."

Amends GS 106-878, 106-887(a), and 106-903, making technical changes, replacing "Division of Forest Resources" with "North Carolina Forest Service."

Amends GS 106-955 (Definitions), replacing "Division of Forest Resources" with "North Carolina Forest Service" and making other technical changes. Provides that the term fire fighter also now includes engaging in emergency response duties pursuant to GS 166A-19.77.

Amends GS 106-956, changing the title from Standby duty to On-call. Provides that on-call duty is when a firefighter is required to be available to return to the duty station or respond to an emergency within 30 minutes. Firefighters on call will receive an electronic communication device. After 14 consecutive days on duty, the fire fighter will be off duty for two days. On the days the firefighter is off duty, he or she can only be contacted in times of emergency.

Amends GS 106-966(1), GS 106-968, GS 106-969, making technical changes, replacing "Division of Forest Resources" with "North Carolina Forest Service."

Amends GS 113-291.10(a)(3), making technical changes, replacing "Director" with "Assistant Commissioner."

Amends GS 143-116.8 (Motor vehicle laws applicable to State parks and forests road system), making technical changes, adding Department of Agriculture and Consumer Services to those administering land in the state parks and forests.

Provides that it is illegal to operate a vehicle in the State forest system at a speed above 25 mph. This speed limit is subject to change depending on the conditions. No speed limit is effective until posted.

Provides that the Commissioner of Agriculture (Commissioner) has authority to place vechicle control signs and signals in the state forest road system, or any other signs as seems appropriate. Failure to obey any of these signs is an infraction and can be punished as provided in GS 20-176.

Provides that the Commissioner may, through rules and regulations, establish parking areas and can remove illegally parked vehicles.

Amends GS 143-166.2(d), GS 143-166.7, and GS 143-214.25A(a), making technical changes.

Amends GS 143A-65.1, changing section title to North Carolina Forest Service.

Effective July 1, 2013.

 

 

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