Bill Summary for S 762 (2021-2022)

Printer-friendly: Click to view

Summary date: 

May 23 2022

Bill Information:

View NCGA Bill Details2021
Senate Bill 762 (Public) Filed Monday, May 23, 2022
Intro. by B. Jackson, Sanderson, Woodard.

View: All Summaries for BillTracking:

Bill summary

Section 1

Effective June 30, 2022, amends the definition of marijuana under the NC Controlled Substances Act, set out in GS 90-87, to explicitly exclude hemp and hemp products. Adds and defines the term hemp as any part of Cannabis sativa with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis; includes any part of the plant, its seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not. Adds and defines the term hemp products to include all products made from hemp, with a nonexhaustive list such as cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and verified propagules for cultivation if the seeds originate from hemp varieties.

Section 2

Amends GS 143-138(b4), which excludes certain farm buildings and primitive camps from building rules. Updates a statutory cross-reference for the definition of bona fide farm purpose, replacing the GS Chapter 153A statute with a GS Chapter 160D statute, GS 160D-903. Additionally, expands the definition of farm building, as the term is used in subsection (b4), to include a building used primarily for the storage of agricultural commodities or products or storage and use of materials for agricultural purposes, regardless of whether the building is located on the same property where the agricultural commodities or products were produced.

Section 3

Amends GS 160D-903(a), which sets statutory parameters for property used for bona fide farm purposes that are exempt from county zoning regulations, to add that a building or structure that is used solely for storage of cotton, peanuts, or sweet potatoes, or any of their byproducts, is a bona fide farm purpose. Specifies that this is true even for buildings or structures on a property that does not have the sufficient documentation to establish that the property is being used for a bona fide farm purpose listed in (a)(1) through (a)(4) of the statute. Adds that evidence other than the four types specified in the statute may be considered in determining whether a property is being used for bona fide farm purposes.

Section 4

Enacts Article 9, Right to Repair Act, to GS Chapter 75, establishing various duties of an original equipment manufacturer (OEM). Sets forth 15 defined terms. Defines OEM as any person that manufactures an electronics-enabled implement of agriculture (implement) and sells, leases, or otherwise supplies the implement to any other person in this State. Defines electronics-enabled implement of agriculture (implement) to mean equipment that is designed for agricultural purposes, is used exclusively by the owner to conduct their agricultural operations, and depends on digital electronic equipment; excludes motor vehicles.

Requires OEMs to make available to any owner or independent repair provider, any documentation, part, software, or tool required to (1) diagnose, maintain, or repair digital electronic equipment for an implement or (2) disable or enable an electronic security lock or other security-related function of an implement. Provides that an OEM must meet these requirements based on fair and reasonable terms, as defined by the Article. Additionally, for any implement sold or used in the State, an OEM must make available (1) diagnostic and repair information to any independent repair provider or owner of equipment manufactured by the OEM for no charge or in the same manner made available to authorized repair providers and (2) parts for purchase by the owner, the owner's agent, or any independent repair provider on fair and reasonable terms, as defined. Requires OEMs to make implement parts replaceable without causing damage to the equipment using a commonly available tool or a tool made available to owners and independent repair providers by the OEM on fair and reasonable terms. Prohibits OEMs that sell information to independent repair providers or owners in a standardized format, on terms and conditions more favorable than those under which an authorized repair provider obtains the same information, from requiring the authorized repair provider to continue to purchase that information in a proprietary format, unless the proprietary format includes documentation or functionality not available in the standardized format. Requires OEMs to make diagnostic repair tools available for purchase, on fair and reasonable terms, by owners and independent repair providers available to any authorized repair providers. Manufacturers that provide repair information to aftermarket manufacturers, diagnostic providers, or service information publications and systems have fully satisfied their obligations under this statute. Requires equipment manufactured and sold or used for security-related functions to include necessary diagnostic, service, or repair documentation to reset a security-related electronic function from information provided to owners and independent repair facilities, and authorizes provision of the information through an appropriate secure data release system.

Places enforcement authority with the Attorney General and authorizes civil penalties of up to $500 per violation of the Article. Also establishes a claim for an owner or independent repair provider to recover from a manufacturer up to $500 per violation. Establishes seven described limitations of the Article, including that the Article does not require divulging trade secrets, or require an OEM to provide any part or equipment solely used in the development of its products.

Effective October 1, 2022.

Section 5

Amends GS 105-374(k) to make property sold to satisfy tax liens subject to conservation agreements, as defined by GS 121-35. Makes conforming changes to GS 105-375(i) relating to the execution sale. 

Section 6

Changes the definition for farmed cervid feed applicable to Article 86, Farmed Cervid Industry Promotion Act, GS Chapter 106, to now mean any commercial feed sold to a cervid farmer for farmed cervid use (was, any commercial feed labeled or marketed for farmed cervid use). 

Section 7

Regarding the taxation of property classified as agricultural land based on its present use value pursuant to GS 105-277.3 through GS 105-277.7, adds to the definition of agricultural land set forth in GS 105-277.2 to provide that the commercial production or growing of animals includes boarding horses. Effective for taxable years beginning on or after July 1, 2022. 

Section 8 updates cross-references to the statutory description of a bona fide farm, now cited as GS 160D-903, in the following statutes: GS 106-743.3, GS 106-850, GS 130A-247, GS 130A-291.1, GS 139-60, GS 153A-471, and GS 160A-58.54.

Section 9 makes the funds appropriated by SL 2021-180 to the NC SweetPotato Commission to contract with NCSU to study nemotode mitigation nonreverting. 

Section 10 includes a severability clause.