Bill Summary for S 582 (2023-2024)

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Summary date: 

Apr 19 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 582 (Public) Filed Tuesday, April 4, 2023
Intro. by Jackson, Sanderson, B. Newton.

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Bill summary

Senate committee substitute to the 1st edition makes the following changes.

Amends definition of agriculture, agricultural and farming as set forth in GS 106-581.1 to also include a facility that receives used turkey brooder litter from brooder farms and recycles the used litter by means of a drying process to reduce the moisture content of the litter sufficient to return the recycled litter to the brooder farm for use with a new flock of turkey brooders. Amends GS 106-586.3 (actions of the Board of Agriculture), GS 106-568.4 (referendums), GS 106-568.7 (ballots), GS 106-568.8 (collections and dispositions of assessments) to change “NC Tobacco Foundation, Inc.” to “NC Agricultural Foundation, Inc.” and makes language gender neutral in GS 106-586.3. 

Amends GS 106-2 (membership of the Board of Agriculture [Board]) to add the qualification that one member must be actively involved in the equine industry to represent the equine industry of the State. Amends the sales and use tax exemption for farmers (GS 105-164.13E) to exempt compost from sales and use tax.

Amends GS 99E-3 (warning signs for certain equine activities), GS 99E-8 (warning signs for certain farm animal activities), and GS 99E-32 (warning signs for agritourism) to require that the warning signs be a minimum of three quarters of one inch in height (currently, one inch).

Amends the definition of litter under GS 14-399 (littering) to include animal waste, animal parts, and animal byproducts. Enacts new GS 14-399.3 (duty to stop in event of certain spills from vehicles) requiring a driver of any vehicle who knows or reasonably should know that animal waste, dead animals, or animal parts or byproducts have been blown, scattered, spilled, thrown, or placed from the vehicle to immediately stop his or her vehicle at the scene of the incident. Requires the driver to remain with the vehicle at the scene of the incident until a law enforcement officer completes the investigation of the incident or authorizes the driver to leave and the vehicle to be removed, unless remaining at the scene places the driver or others at significant risk of injury. Permits the driver to temporarily leave for specified reasons. Willful violations are a Class 3 misdemeanor and permits the court to order restitution for the cost of removing the materials that were blown, scattered, thrown, spilled, or placed from the vehicle. Effective December 1, 2023, and applies to offenses committed on or after that date.

Amends GS 115C-12 (State Board of Education), GS 115C-264.5 (local boards of education), GS 115C-218.75 (charter schools), GS 115C-238.66 (regional schools), GS 116-239.8(b)(4) (laboratory schools), GS 115D-20 (State Board of Community Colleges), and GS 116-43.25 (UNC system) to have each entity strive to ensure that muscadine grape juice is available as a beverage option either in the school nutrition program (elementary/secondary schools) and/or in vending facilities (all schools) (was, had to ensure the muscadine grape juice was available). 

Amends GS 106-967 (immunity from liability from prescribed burning) to clarify that such immunity does not extend to claims by public utilities (i.e., an electric power supplier, gas operator, or business providing telecommunications taxed under GS 105-164.4) resulting from damage to their equipment or facilities, where a prescribed burn proximately causes such damage.

Amends provision requiring the Environmental Management Commission to implement 15A NCAC 02B .0202, the Wetlands Definition Rule, by restricting wetlands classified as waters of the State to waters of the United States as defined by specified federal law to further specify that wetlands do not include prior converted cropland as defined in the National Food Security Act Manual, Fifth Edition, which is incorporated into the act by reference, not including subsequent amendments and editions.

Makes organizational changes.