Bill Summary for H 366 (2013-2014)

Summary date: 

Jul 24 2014

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

The conference report to the 5th edition makes the following changes.

Makes clarifying changes in GS 143-215.9D.

Amends GS 89D-13 to provide that the Chapter (Landscape Contractors) does not apply to any landscaping work where the price of all contracts for labor, material, and other items for a given job site during any consecutive 12 month period is less than $30,000 (was, less than $25,000).

Makes technical changes to GS 89D-17 and to the provision concerning members serving on the NC Landscape Contractors' Registration Board on the effective date of the act. 

Requires the Department of Public Safety to submit its report on the study of the state's participation in the Commercial Vehicle Safety Alliance North American Standard Inspection Program for roadside commercial vehicle safety inspections on or before February 1, 2015 (was, November 1, 2014).

Amends GS 120-150, creating the Agriculture and Forestry Awareness Study Commission to delete proposed changes to Commission membership. Reinstates the deleted provision naming the chairs of the House Agriculture Committee and the chairs of the Senate Committee on Agriculture, Environment, and Natural Resources as cochairs. Allows the President Pro Tempore of the Senate and the Speaker of the House of Representatives to each appoint an additional member of each chamber to serve as cochair; if appointed, these cochairs are voting members of the Commission (was, the President Pro Tempore and the Speaker must each designate two members to serve as cochairs).

Amends GS 106-822 to define commercial horse feed to mean any commercial feed labeled or marketed (was, labeled) for equine use.

Amends GS 106-550 to add that it is in the interest of the public welfare that state farmers who produce seafood be permitted and encouraged to act jointly and in cooperation with growers, handlers, dealers, and processors in promoting and stimulating the increased production, use, and sale of specified commodities. Adds that the "Got to Be NC" marketing campaign is the official agricultural marketing campaign for the state. 

Amends GS 143-440(b) to allow the Pesticide Board to adopt rules to classify private pesticide applicators. 

Amends GS 150B-1 to exempt the Board of Agriculture with respect to annual admission fees for the State Fair from Article 2A (Rules) of GS Chapter 150B (Administrative Procedure Act). Requires the Board to annually post the admission fees on its website and provide notice of the fees and a citation to the statute to those on the mailing list.

Adds a severability clause.

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