Bill Summary for S 315 (2019-2020)

Summary date: 

Aug 21 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 315 (Public) Filed Wednesday, March 20, 2019
AN ACT TO MAKE VARIOUS CHANGES TO THE AGRICULTURAL LAWS OF THE STATE.
Intro. by B. Jackson, Sanderson, Johnson.

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Bill summary

House amendments to the 9th edition make the following changes.

Amendment #1 adds new Section 11.5 to the act. Amends GS 15A-974, concerning the exclusion or suppression of unlawfully obtained evidence. Prohibits suppression of evidence obtained as the result of a search that was supported by probable cause at the time of the search if suppression is sought solely on the basis of a subsequent determination that either (1) a substance believed to be a controlled substance at the time of the search was not a controlled substance or (2) the presence of a controlled substance at the time of the search was not a violation of law. Applies to motions to suppress filed on or after December 1, 2019.

Amendment #3 adds new Section 30 to the act. Directs the Agriculture and Forestry Awareness Study Commission (AFAS Commission) to study the policy options to support the state's dairy industry. Requires the study to include examining the following available options: the reestablishment of the NC Milk Commission, the creation of a tax credit for producers, the creation of a fund to make grants or loans to improve operations' infrastructure, and the creation of a dairy promotion board or marketing program for dairies. Directs the Department of Agriculture and Consumer Services to assist the AFAS Commission as requested. Requires the Commission to report to the General Assembly by May 1, 2020.

Amendment #4 further amends GS 153A-340(b)(2a), concerning buildings or structures used for agritourism deemed a bona fide farm purpose. Modifies and adds to the provision defining agritourism to include shooting sports in a county with a population of fewer than 110,000 people. Now defines agritourism to include shooting sports on properties that are located in a county with a population of fewer than 110,000 people, comply with guidelines for design and site evaluation as established by the Wildlife Resources Commission, and comply with local zoning and development ordinances. Requires a majority vote of the county commissioners to determine whether a property used for shooting sports is in compliance with the Wildlife Resources Commission's guidelines and local zoning and development ordinances. 

Amendment #5 modifies various directives and authorities set forth in the act as follows. Amends Section 6 to establish a deadline of December 1, 2020, by which the NC Hemp Commission must adopt permanent rules to implement Section 1 of the act, which amends Article 50E of GS Chapter 106. Additionally, modifies the proposed changes to GS 106-139 set forth in Section 12 to mandate, rather than permit, the Board of Agriculture to adopt rules to establish current good manufacturing practices in manufacturing, packaging, labeling, or holding operations for cannabinoid-related compounds derived from hemp. Similarly, establishes a deadline of November 1, 2020, by which the Board of Agriculture must adopt permanent rules to implement Section 12 of the act, regarding the regulation of cannabinoid-related compounds. 

© 2019 School of Government The University of North Carolina at Chapel Hill

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