Here’s a roundup of pending outdoor related legislation in North
Senate Bill 109 / Session Law 2011-15 “Spending Cuts for the
Current Fiscal Year”
Required N.C. Wildlife Resources Commission to return $3 million
in 2010-11 funding.
House Bill 200 / Session Law 2011-145 “Appropriations Act of
Repeals current sales tax formula for Wildlife Resources
Commission funding and appropriates $18 million for the 2011-2012
fiscal year for Commission operations. Also requires a continuation
review for the Conservation Education section.
House Bill 927 / Session Law 2011-232 “State Pension Plan
Solvency Reform Act”
Increases the vesting period from five years to ten years for
individuals who become a member on or after August 1, 2011.
Senate Bill 686 / Session Law 2011-176 “2011 Appointment
Appoints the following to the Wildlife Resources Commission:
Wendell Murphy, Jr., Thomas Berry, Mark Craig, Doc Thurston, John
Clark, John Coley, Durwood Laughinghouse, Mitch St.Clair.
House Bill 762 / Session Law 2011-231 “Landowner Protection
Defines written permission to hunt/fish on posted land as being
signed and dated by the landowner/lessee/agent within the past
twelve months. If permission has been granted to a hunt club, both
permission and a membership must be on the person. Allows for an
affirmative defense if someone had written permission but did not
have it on their person. Allows for purple paint to be used for
posting land. Wildlife officers are enabled to enforce trespass on
House Bill 29 / Session Law 2011-22 “Retrieval of Big Game”
A hunter may use a portable light source and a single dog on a
leash to assist the hunter in retrieving a dead or wounded big game
animal. A hunter may dispatch a wounded big game animal using only
a .22-caliber rimfire pistol, archery equipment or a handgun legal
for that season. Pursuit and retrieval may occur between 30 minutes
after sunset and 11:00 p.m., but may not be accomplished using a
Senate Bill 406 / Session Law 2011-56 “Repeal Crossbow Purchase
Repeals the requirement that a person obtain a permit to
receive, sell, purchase or otherwise transfer a crossbow.
House Bill 62 / Session Law 2011-24 “Prohibit Boylston Creek
Prohibits the rule to change the water quality classification to
“trout waters” on Boylston Creek from becoming effective.
Senate Bill 68 / Session Law 2011-16 “Robeson Hunting and
Prohibits hunting and fishing on the property of another without
written permission in Robeson County.
House Bill 432 / Session Law 2011-369 “Swine in
Transport/Regulate Feral Swine”
Prohibits the transportation of live swine, unless the swine has
an official form of identification approved by the State
Veterinarian. Also classifies all free-ranging mammals of the
species Sus scrofa as feral swine, while deleting the definition of
wild boar. Repeals the wild boar hunting license and defines feral
swine as a non-game animal. Allows the Wildlife Resources
Commission to adopt rules prescribing season and the manner of
taking of wild animals and wild birds with the use of artificial
light and electronic calls. Deletes the size restriction on pistols
for non-game species, rabbits, squirrels, opossum, raccoons and
fur-bearing animals. Repeals the requirement of wearing a hunter
orange cap or garment in the hunting of feral swine. Makes it
unlawful to remove feral swine from a trap, or transport it, while
it is still alive.
Senate Bill 46 / Session Law 2011-32 “Surry Fox and Coyote
Establishes an open season for taking foxes and coyotes with
lawful weapons or traps from October 15 through March 1 of each
year. Applies only to Surry and Alleghany counties.
Senate Bill 261 / Session Law 2011-40 “Chowan Fox Seasons”
Notwithstanding any other provision of law, there is an open
season for taking foxes with weapons and by trapping during the
trapping season set by the Wildlife Resources Commission each year,
with no tagging requirements prior to or after sale. No bag limit
applies to foxes taken under this act.
House Bill 463 / Session Law 2011-136 “Rockingham/Taking of
Establishes an open season on taking foxes with firearms, bow
and arrow, or crossbow during any open small game season each year.
Establishes an open season for taking foxes by trapping from
November 1 through February 28 of each year. No bag limit applies
to foxes taken under this act. No tags shall be required for the
sale of the fur of foxes taken in accordance with this act.
House Bill 755 / Session Law 2011-380 “Study Fox Laws”
The Wildlife Resources Commission shall undertake a study of fox
and coyote populations in the State and recommend management
methods and controls designed to ensure statewide conservation of
fox populations while managing adverse effects of coyote
populations. In conducting the study, the Wildlife Resources
Commission shall solicit input from interested stakeholders,
including hunters, trappers, controlled hunting preserve operators,
public health authorities, local governments, the North Carolina
Department of Agriculture and Consumer Services, and private
landowners. The Wildlife Resources Commission shall complete its
study by April 1, 2012, and submit a report, including any proposed
legislation, to the Speaker of the House of Representatives and the
President Pro Tempore of the Senate, the Chairs of the House
Committee on Agriculture, and the Chairs of the Senate Committee on
Agriculture, Environment, and Natural Resources.
House Bill 650 / Session Law 2011-268 “Amend Various Gun
Amends numerous State laws related to the ownership and
possession of guns. It would also expand the “Castle Doctrine” to
apply to a motor vehicle or the workplace.
Senate Bill 762 / Session Law 2011-356 “Assault on Law
Enforcement & EM Worker/Felony”
Unless covered under some other provision of law providing
greater punishment, a person is guilty of a Class I felony if the
person assaults a law enforcement officer, probation officer, or
parole officer while the officer is discharging or attempting to
discharge his or her official duties and inflicts physical injury
on the officer. Also makes it a felony to cause physical injury to
an emergency worker discharging his or her duties.
House Bill 350 / Session Law 2011-274 “Property Tax Conformity
for Conservation Land”
Clarifies and modifies the tax exemption for real property for
educational and scientific purposes as a protected natural area by
listing certain, enumerated conservation purposes. Creates a 5-year
rollback for avoided taxes if conservation property is no longer
used for conservation purposes, is used to generate income
inconsistent with conservation, or is sold or transferred without
an easement requiring perpetual use of the listed conservation
purposes and without a prohibition on income generation. Expressly
aligns definitions for educational and scientific purposes with the
property tax exemption for property used for educational and
scientific purposes. Requires, as does the income tax credit for
real property donations for conservation purposes, that the entity
owning the property must be “organized to receive and administer
lands for conservation purposes”. Adds the requirement that
property qualifying under this exemption either not earn income or
only earn income that is merely incidental to and not inconsistent
with conservation purposes.
House Bill 506 / Session Law 2011-82 “Wrightsville
Within the Town of Wrightsville Beach and its extraterritorial
jurisdiction, a vessel that is moored, anchored, or otherwise
located for more than 30 consecutive days in any 180-consecutive
day period in any waters or marshes waterward of the pierhead line
as established by the Town of Wrightsville Beach is considered
abandoned. Also, any vessel that is in danger of sinking, sinking,
has sunk, is resting on the bottom, or is located such that it is a
hazard to navigation or is an immediate danger to other vessels is
House Bill 159 / Session Law 2011-35 “Military Service Notation
Requires the N.C. Division of Motor Vehicles to make a notation
on a North Carolina driver’s license showing a license holder’s
military veteran status.
House Bill 407 / Session Law 2011-68 “Modify ATV Helmet Use
Amends the ATV helmet law by requiring people 18 years old and
over to only wear a helmet and safety gear when on a public street
or highway or public vehicular area. Mandatory helmet and eye
protection for under 18 years of age both on and off road.
House Bill 187 / Session Law 2011-25 “Require Labels for
Directs the gasoline and oil inspection board to adopt rules
relating to the labeling of dispensing pumps and other dispensing
devices that offer ethanol-blended gasoline for retail sale in
House Bill 36 / Session Law 2011-263 “Employers & Local
Gov’t Must Use E-Verify”
Requires counties, municipalities and private employers to use
the E-Verify system to check the legal status of employees and
contractors. Exemptions are set for private employers under 25
people or seasonal temporary employees who are employed for 90 for
fewer days in a 12-month period.