Bill Summary for H 936 (2013-2014)

Summary date: 

Jul 17 2013
S.L. 2013-380

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 936 (Public) Filed Thursday, April 11, 2013
A BILL TO BE ENTITLED AN ACT TO ESTABLISH A WILDLIFE POACHER REWARD FUND TO PAY REWARDS TO PERSONS WHO GIVE INFORMATION TO LAW ENFORCEMENT AUTHORITIES THAT RESULTS IN THE ARREST AND CONVICTION OF PERSONS WHO COMMIT SERIOUS WILDLIFE VIOLATIONS, TO AUTHORIZE THE USE OF COMPENSATION PAID TO THE WILDLIFE RESOURCES COMMISSION AS CONDITIONS OF OFFENDERS' PROBATION AS ASSETS OF THE FUND, TO AMEND THE BOATING SAFETY ACT BY INCREASING THE FINES AND OTHERWISE AMENDING THE PENALTY AND OTHER PROVISIONS OF THAT ACT, AND TO AMEND THE PENALTY PROVISIONS FOR SPECIFIC VIOLATIONS OF THE WILDLIFE LAWS.
Intro. by Wray, Faircloth, Moffitt, J. Bell.

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Bill summary

Senate amendment makes the following changes to the 3rd edition.

Amends GS 75A-3 todirect the chair of the Wildlife Resources Commission (Commission) to designate three members from the Commission to serve asthe Boating Safety Committee (was, the Vessel Committee) of the Commission. Amends GS 75A-6.1(c), makingit a Class 3 misdemeanor to violate any rule governing navigational lighting adopted by the Commission (was, made the violation of the navigational rules specified in subsection (a) of this section a Class 3 misdemeanorand punishable by a fine not to exceed $100).

Amends GS 75A-10,which provides that a person who operates any vessel while underway on the waters of this state and is under the influence of an impairing substance, or has consumed sufficient alcohol to have an alcohol concentration of 0.08 at any relevant time after the boating, is guilty of a Class 2 misdemeanor,a violation punishable by a fine of not less than $250.

Amends GS 75A-13.1(d) to provide that a person who violates a provision of this section, which governs skin and scuba divers, is responsible for an infraction as provided in GS 14-3.1 (was, is guilty of a Class 3 misdemeanor and subject to a fine not to exceed $25).

Amends GS 75A-13.3(b1) to provide that a person who lawfully owns or has control of apersonal watercraft and knowingly allows a person under the age of 16 to operate the personal watercraft in violation of the provisions of subsection (b) of this section isresponsible for an infraction as provided in GS 14-3.1 (was, made a person under the age of 16 who operates a personal watercraft in violation of the provisions of subsection (b) of this section guilty of an infraction).

Amends GS 75A-13.3(c3) to make a vessel livery that fails to provide basic safety instruction prior to allowing the operation of a leased personal watercraft responsible for an infraction as provided in GS 14-3.1 (was, made it a Class 3 misdemeanor for a vessel livery to fail to provide basic safety instruction on the operation of a leased personal watercraft).

Amends GS 75A-16.2to provide that a person has complied with the requirements of boating safety education if the person provides proof thathe or she wasborn on or before January 1, 1988 (was, provides proof thathe or she isat 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 responsible foran 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 Commissionunder this chapteris 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 anydeer or wildturkeyis 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 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 personwho 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 personwho 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 commits 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 bearbait in certain areas of the state as well as for any person who violates provisions of GS 113-291.12regarding removal of feral swine from a trap, both resulting in Class 2 misdemeanors and punishable by a fine not to exceed $250.

Makes conforming changes to the title of this act.

Sections 2 through 11 of this act, including the above provisions, become effective December 1, 2013, and apply to offenses committed on or after that date.

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