Bill Summary for S 636 (2013-2014)

Summary date: 

Apr 4 2013

Bill Information:

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.

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Bill summary

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.

 

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