Bill Summary for S 433 (2019-2020)

Summary date: 

Mar 28 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 433 (Public) Filed Thursday, March 28, 2019
AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES AND TO REMOVE CERTAIN LANDS FROM THE STATE NATURE AND HISTORIC PRESERVE, AS RECOMMENDED BY THE DEPARTMENT; TO AMEND CERTAIN REPORTS OF THE NORTH CAROLINA POLICY COLLABORATORY TO THE GENERAL ASSEMBLY; TO CLARIFY CERTAIN APPROPRIATIONS IN THE 2018 HURRICANE FLORENCE DISASTER RECOVERY ACT; TO CORRECT AN EFFECTIVE DATE; TO REPEAL AND REPLACE AN ACT PROVIDING FOR EMERGENCY OPERATING FUNDS FOR UTILITIES; TO ADJUST FOR INFLATION THE THRESHOLD FOR DEPARTMENT OF ADMINISTRATION APPROVAL OF STATE LEASES; AND TO CLARIFY AND AMEND THE SEPTIC TANK SITE SUITABILITY DETERMINATION PROCESS.
Intro. by Burgin, Ballard, Woodard.

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Bill summary

Amends the title of GS Chapter 143 B, Article 2, Part 39, to read "North Carolina Zoological Park." Enacts new GS 143B-135.204 to allow the Secretary of the Department of Natural and Cultural Resources (DNCR) to adopt rules governing the operation of the Zoological Park. Allows the Secretary to acquire, dispose of, and develop Zoological Park property and sets requirements for conducting a sale, lease, or trade.

Amends GS 143B-135.16, which makes a violation of DNCR's rules governing public use of State parks and State lakes under its charge a Class 3 misdemeanor. Now specifies the following seven rule violations punishable as an infraction, punishable by a penalty not to exceed $25: (1) parking a motor vehicle outside of a designated area; (2) using skateboards and similar devices in prohibited areas; (3) bathing animals or washing clothes or motor vehicles; (4) bathing, surfing, diving, swimming, and the like in undesignated areas; (5) carrying or depositing glass, crockery, or any metallic substance on a swimming area or beach; (6) using boats, rafts, canoes, and other vessels in designated swimming areas; and (7) fishing in nondesignated areas. Adds a prohibition that a person found responsible for a violation carrying a penalty of an infraction of the statute cannot also be assessed court costs for the infraction.

Amends GS 14-417, GS 14-417.1, and GS 14-417.2 by removing the distinction between requirements for permanent enclosure and transport containers for venomous reptiles, large constricting snakes, and crocodilians, to now require all enclosures be designed to be escape-proof, bite-proof, and have an operable lock. Amends GS 14-419 to require that when a law enforcement officer or animal control officer has probable cause to believe that any of the provisions of Article 55 (Regulation of Certain Reptiles) have been or are about to be violated, the officer is authorized and empowered (was, it is the officer's duty and the officer is authorized, empowered, and directed) to immediately investigate and consult with the representatives of the specified entities which have been expanded to also include a designated representative of the DNCR. The consultation is to identify the species, assist with determining interim disposition, and recommend appropriate and safe methods to handle and seize the reptile involved; no longer requires delivering the reptile to the specified entities depending on reptile type. Amends the conditions under which the consultation is not required to now include instances in which there has been an escape of one or more reptiles or when an officer has probable cause to believe that one or more reptiles are being owned, possessed, used, transported, or trafficked and the officer determines that there is an immediate risk to the safety of the officer or public. Makes additional conforming and clarifying changes. Deletes GS 14-402, which makes it the duty of the officer making the seizure with probable cause to believe that the reptile is being owned, possessed, used, transported, or trafficked to arrest all persons in violation of Article 55. 

Recodifies GS 143-323(a) and (d) as GS 143B-135.60(a) and (b), concerning duties of the Department of Environmental Quality (DEQ) regarding recreation. Transfers the existing duties of DEQ under the statute to DNCR. Additionally, designates the Director of the Division of Parks and Recreation as having the authority and responsibility to accept and administer funding through the federal Land and Water Conservation Fund or any successor fund established for similar purposes. Authorizes the DNCR Secretary to designate additional personnel to assist the Division Director in the responsibility.

Amends GS 140-5.15 to no longer require the Board of Trustees of the North Carolina Museum of Art to adopt rules and regulations governing the employment, promotion, demotion, and dismissal of associate directors and curators.

Makes a technical correction to stautory cross-references in GS 113A-129.3.

 

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