North Carolina 2019-2020 Session Status: Enacted 1 R cosponsors

SB 433 — DNCR Omnibus & Other Changes.

Last action — Signed by Gov. 11/6/2019

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 28, 2019. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    2 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

208 added · 325 removed

Plain-language change summary

The revised version of Senate Bill 433 has removed some wording related to the process of examinations conducted by the North Carolina State Museum of Natural Sciences. While the specific content of the examination procedures wasn't detailed, the changes could streamline the bill or clarify its intentions. This matters because clearer language can help ensure that the bill's purpose and procedures are easily understood and implemented.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 2 SENATE BILL 433 Agriculture/Environment/Natural Resources Committee Substitute Adopted 5/1/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 1 SENATE BILL 433 Short Title:
Senators Burgin, Ballard, and Woodard (Primary Sponsors).
April 1, 2019 A BILL TO BE ENTITLED 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.
Rules and Operations of the Senate April 1, 2019 A BILL TO BE ENTITLED AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE DEPARTMENT OF NATURALAND CULTURALRESOURCES, AS RECOMMENDED BY THE DEPARTMENT.
8 ZOOLOGICAL PARK STATUTORY AUTHORITY SECTION 1.(a) The title of Part 39 of Article 2 of Chapter 143B of the General Statutes reads as rewritten:
7 ZOOLOGICAL PARK STATUTORY AUTHORITY SECTION 1.(a) The title of Part 39 of Article 2 of Chapter 143B of the General Statutes reads as rewritten:
A sale, lease, or trade under this subsection must be conducted in accordance with generally accepted practices for zoos and aquariums that are accredited by the American Association of Zoos and Aquariums." REDUCE CERTAIN CLASS 3 MISDEMEANORS TO INFRACTIONS AT STATE PARKS SECTION 2.(a).
A sale, lease, or trade under this subsection must be conducted in accordance with generally accepted practices for zoos and aquariums that are accredited by the American Association of Zoos and Aquariums." REDUCE CERTAIN CLASS 3 MISDEMEANORS TO INFRACTIONS AT STATE PARKS SECTION 2.
*S433-v-2* General Assembly Of North Carolina Session 2019 (2) Persons using skateboards, rollerblades, roller skates, or similar devices in prohibited areas.
(2) Persons using skateboards, rollerblades, roller skates, or similar devices in prohibited areas.
(3) Persons bathing animals or washing clothes or motor vehicles.
*S433-v-1* General Assembly Of North Carolina Session 2019 (3) Persons bathing animals or washing clothes or motor vehicles.
A person found responsible for a violation carrying a penalty of an infraction of this section shall not be assessed court costs for the infraction." SECTION 2.(b).
A person found responsible for a violation carrying a penalty of an infraction of this section shall not be assessed court costs for the infraction." AMEND VENOMOUS REPTILES AND CONSTRICTING SNAKE STATUTES SECTION 3.
This section becomes effective December 1, 2019, and applies to offenses committed on or after that date.
AMEND VENOMOUS REPTILES AND CONSTRICTING SNAKE STATUTES SECTION 3.
It shall be unlawful for any person to own, possess, use, transport, or traffic in any crocodilian that is not housed in a sturdy and secure enclosure.
It shall be unlawful for any person to own, possess, use, transport, or traffic in any crocodilian that is not housed in a sturdyand secure enclosure.
Permanent enclosures shall be designed to be escape-proof and have a fence of sufficient strength to prevent contact between an observer and the crocodilian and shall have an operable lock.
Permanent enclosures Enclosures shall be designed to be escape-proof and have a fence of sufficient strength to prevent contact between an observer and the crocodilian and shall have an operable lock.
Page 2 Senate Bill 433-Second Edition General Assembly Of North Carolina Session 2019 (a) In any case in which any a law-enforcement officer or animal control officer has probable cause to believe that any of the provisions of this Article have been or are about to be violated, it shall be the duty of the officer and the officer is authorized, empowered, and directed authorized and empowered to immediately investigate the violation or impending violation and to consult with representatives of the North Carolina Museum of Natural Sciences or the North Carolina Zoological Park or a designated representative of either the Museum or Zoological Park the Department of Natural and Cultural Resources to identify the species of reptile, assist with determining interim disposition, and recommend appropriate and safe methods to handle and seize the reptile or reptiles involved, to seize the reptile or reptiles involved, and the officer is authorized and directed to deliver:
(a) In any case in which any a law-enforcement officer or animal control officer has probable cause to believe that any of the provisions of this Article have been or are about to be violated, it shall be the duty of the officer and the officer is authorized, empowered, and directed authorized and empowered to immediately investigate the violation or impending violation and to consult with representatives of the North Carolina Museum of Natural Sciences or the North Page 2 Senate Bill 433-First Edition General Assembly Of North Carolina Session 2019 Carolina Zoological Park or a designated representative of either the Museum or Zoological Park the Department of Natural and Cultural Resources to identify the species of reptile, assist with determining interim disposition, and recommend appropriate and safe methods to handle and seize the reptile or reptiles involved, to seize the reptile or reptiles involved, and the officer is authorized and directed to deliver:
If an examination madebytheNorth CarolinaStateMuseumofNatural Sciences ortheNorth Carolina Zoological Park or their designated representatives conducted pursuant to this Article Senate Bill 433-Second Edition Page 3 General Assembly Of North Carolina Session 2019 shows that the reptile is a venomous reptile, large constricting snake, or crocodilian subject to this Article, it shall be the duty of the officer making the seizure with probable cause to believe that the reptile is being owned, possessed, used, transported, or trafficked in violation of this Article, to arrest all persons violating any of the provisions of this Article.
If an examination madebytheNorth CarolinaStateMuseumofNatural Sciences ortheNorth Carolina Zoological Park or their designated representatives conducted pursuant to this Article shows that the reptile is a venomous reptile, large constricting snake, or crocodilian subject to this Article, it shall be the duty of the officer making the seizure with probable cause to believe that the reptile is being owned, possessed, used, transported, or trafficked in violation of this Article, to arrest all persons violating any of the provisions of this Article.
…." 7 STATUTORY AUTHORITY REGARDING RECREATION SECTION 4.(a) Subsections (a) and (d) of G.S.
…." Senate Bill 433-First Edition Page 3 General Assembly Of North Carolina Session 2019 2 STATUTORY AUTHORITY REGARDING RECREATION SECTION 4.(a) Subsections (a) and (d) of G.S.
The Director of the Department's Division of Parks and Recreation shall be designated as having the authority and responsibility to accept and administer funding through the federal Land and Water Conservation Fund or anysuccessor fund established for similar purposes, and the Secretarymay Page 4 Senate Bill 433-Second Edition General Assembly Of North Carolina Session 2019 designate additional personnel to assist the Director in the responsibilities imposed by this subsection." 4 CLARIFYEMPLOYMENTSTATUSFORCERTAINMUSEUMOFARTEMPLOYEES SECTION 5.
The Director of the Department's Division of Parks and Recreation shall be designated as having the authority and responsibility to accept and administer funding through the federal Land and Water Conservation Fund or anysuccessor fund established for similar purposes, and the Secretarymay designate additional personnel to assist the Director in the responsibilities imposed by this subsection." CLARIFYEMPLOYMENTSTATUSFORCERTAINMUSEUMOFARTEMPLOYEES SECTION 5.
… (e) The Director, associate directors, and curators shall be exempt from the provisions of the North Carolina Human Resources Act.
Page 4 Senate Bill 433-First Edition General Assembly Of North Carolina Session 2019 … (e) The Director, associate directors, and curators shall be exempt from the provisions of the North Carolina Human Resources Act.
The Board of Trustees shall adopt, subject to the approval of the Secretary of Natural and Cultural Resources, rules and regulations governing the employment, promotion, demotion, and dismissal of associate directors and curators." TECHNICAL CORRECTION SECTION 6.
The Board of Trustees shall adopt, subject to the approval of the Secretary of Natural and Cultural Resources, rules and regulations governing the employment, promotion, demotion, and dismissal of associate directors and curators." 7 TECHNICAL CORRECTION SECTION 6.
143B-135.270." REMOVAL OF CERTAIN LANDS FROM THE STATE NATURE AND HISTORIC PRESERVE SECTION 7.
143B-135.270." EFFECTIVE DATE SECTION 7.
G.S.
143-260.10 reads as rewritten:
"§ 143-260.10.
Components of State Nature and Historic Preserve.
The following are components of the State Nature and Historic Preserve accepted by the North Carolina General Assembly pursuant to G.S.
143-260.8:
… (2) All lands and waters within the boundaries of William B.
Umstead State Park as of May 2, 2017, with the exception of the following tracts.
The tracts excluded from the State Nature and Historic Preserve under this subdivision aredeletedfromtheStateParksSysteminaccordancewith G.S.
143B-135.54.
The State of North Carolina may only exchange this land for other land for the expansion of William B.
Umstead State Park or sell and use the proceeds for that purpose.
The State of North Carolina may not otherwise sell or exchange this land.
a.
Tract Number 65, containing 22.93140 acres as shown on a survey prepared by John S.
Lawrence (RLS) and Bennie R.
Smith (RLS), entitled "Property of The State of North Carolina William B.
Umstead State Park", dated January 14, 1977 and filed in the State Property Office, which was removed from the State Nature and Historic Preserve by Chapter 450, Section 1 of the 1985 Session Laws.
The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System in accordance with G.S.
143B-135.54.
The State of North Carolina may only exchange this land for other land for the expansion of William B.
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Umstead State Park or sell and use the proceeds for that purpose.
The State of North Carolina may not otherwise sell or exchange this land.
b.
The portion of that certain tract or parcel of property at William B.
Umstead State Park in Wake County, described in Deed Book 13337, Page 2379, and containing 0.15 acres as shown on the surveyprepared by Robert T.
Newcomb (RLS) entitled "Property of Robert J.
Demartini," dated August 1981.
Senate Bill 433-Second Edition Page 5 General Assembly Of North Carolina Session 2019 … (12) All lands and waters located within the boundaries of Hanging Rock State Park as of May 2, 2017, with the exception of the following tract:tracts:
a.
The portion of that tract or property at Hanging Rock State Park in StokesCounty,DanburyTownship,describedinDeedBook360,Page 160, for a30-foot wide right-of-waybeginningapproximately183feet south ofSR 1001andextendingin asoutherlydirectionapproximately 1,479 feet to the southwest corner of the BobbyJoe Lankford tract and more particularly shown on a survey entitled, "J.
Spot Taylor Heirs Survey, Danbury Township, Stokes County, N.C.", by Grinski Surveying Company, dated June 1985, and filed in the State Property Office.
The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System in accordance with G.S.
143B-135.54.
b.
The portion of that certain tract or parcel of property at Hanging Rock State Park in Stokes County, described in Deed Book 267, Page 159, and containing 1.53 acres as shown on the survey entitled "Plat of Survey for NC Division of Parks and Recreation showing 'Camp Sertoma Tracts'" by C.E.
Robertson and Associates, PC, revised April 6, 2016.
The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System in accordance with G.S.
143B-135.54.
The State of North Carolina may only exchange this land for other land for the expansion of Hanging Rock State Park or sell and use the proceeds for that purpose.
The State of North Carolina may not otherwise sell or exchange this land.
… (21) All lands and waters within the boundaries of Chimney Rock State Park as of May 2, 2017, with the exception of the following tracts:
a.
The portion of that certain tract or parcel of land at Chimney Rock State Park in Rutherford County being a portion of Parcel 2 as described in Deed Book 933, Page 598, containing 346 square feet and being shown as proposed right-of-way for bridge replacement project B-4258 on U.S.
64 over the Broad River on drawing prepared by Kimley-Horn and Associates for the North Carolina Department of Transportation and revised October 26, 2007, and filed with the State Property Office.
The portion of that certain tract or parcel of land at Chimney Rock State Park in Polk County, Cooper Gap Township, Deed Book 393, Page 1402, containing 6.5 acres more or less and shown on the survey entitled "Plat of Survey for The State of North Carolina" prepared by Stacy Kent Rhodes dated May 15, 2014, and filed with the State PropertyOffice.
The tracts excluded from the State Nature and Historic Preserve under this section are deleted from the State Parks System pursuant to G.S.
143B-135.54.
The State of North Carolina may only exchange this land for other land for the expansion of Chimney Rock State Park or sell this land and use the proceeds for that purpose.
The State may not otherwise sell or exchange this land.
b.
With respect to the communications tower site on Chimney Rock Mountain located on a portion of that certain tract or parcel of land at Chimney Rock State Park in Rutherford County, Chimney Rock Township, described in Deed Book 933, Page 598, the State may Page 6 Senate Bill 433-Second Edition General Assembly Of North Carolina Session 2019 provide space at the communications tower site to State public safety, emergency management, local governments in Rutherford County, andpublictelevisionagenciesfortheplacementofantennas,repeaters, and other communications devices for public communications purposes.
State agencies and local governments that are authorized to place communications devices at or near the communications tower site pursuant to this subdivision may also locate at or near the communications tower site communications equipment necessary for the proper operation of the communications devices.
The use of the communications tower site pursuant to this subdivision is authorized by the General Assembly as a purpose other than the public purposes specified in Section 5 of Article XIV of the North Carolina Constitution, Article 25B of Chapter 143 of the General Statutes, and Article 2 of Chapter 143B of the General Statutes.
c.
The portion of that certain tract or parcel of propertyat ChimneyRock State Park in Polk County, Cooper Gap Township, described in Deed Book 393, Page 1402, containing 28.84 acres, as shown on the survey entitled "Plat of Survey for The State of North Carolina" prepared by Stacy Kent Rhodes dated May 15, 2014, and filed with the State Property Office.
The property described in subsection (a) of this section is deleted from the State Parks System pursuant to G.S.
143B-135.54.
The State may only exchange this property for other property for the expansion of Chimney Rock State Park or sell this land and use the proceeds for that purpose.
The State shall not otherwise sell or exchange this land.
…." EFFECTIVE DATE SECTION 8.
Senate Bill 433-Second Edition Page 7
Senate Bill 433-First Edition Page 5
View plain text versions (9)

Action History

  1. Signed by Gov. 11/6/2019

  2. Ch. SL 2019-241

  3. Pres. To Gov. 11/1/2019

  4. Conf Com Reported

  5. Placed on Today's Calendar

  6. Conf Com Reported

  7. Added to Calendar

  8. Conf Report Adopted

  9. Conf Report Adopted

  10. Ordered Enrolled

  11. Ratified

  12. Conf Com Appointed

  13. Conf Com Appointed

  14. Failed Concur In H Com Sub

  15. Withdrawn From Com

  16. Placed On Cal For 10/08/2019

  17. Regular Message Sent To Senate

  18. Regular Message Received For Concurrence in H Com Sub

  19. Ref To Com On Rules and Operations of the Senate

  20. Amend Adopted A1

  21. Passed 2nd Reading

  22. Passed 3rd Reading

  23. Ordered Engrossed

  24. Reptd Fav Com Sub 2

  25. Cal Pursuant Rule 36(b)

  26. Placed On Cal For 10/02/2019

  27. Reptd Fav Com Substitute

  28. Re-ref Com On Rules, Calendar, and Operations of the House

  29. Withdrawn From Com

  30. Re-ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House

  31. Passed 1st Reading

  32. Ref To Com On Rules, Calendar, and Operations of the House

  33. Regular Message Sent To House

  34. Regular Message Received From Senate

  35. Passed 2nd Reading

  36. Passed 3rd Reading

  37. Reptd Fav

  38. Reptd Fav

  39. Re-ref Com On Rules and Operations of the Senate

  40. Reptd Fav Com Substitute

  41. Com Substitute Adopted

  42. Re-ref Com On Judiciary

  43. Withdrawn From Com

  44. Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  45. Passed 1st Reading

  46. Ref To Com On Rules and Operations of the Senate

  47. Filed

Sponsors

  • Ballard · Primary
  • Woodard · Cosponsor
  • Jim Burgin · Primary

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 1 co-sponsors · 176 not signed on

Sponsors (2)

Co-sponsors (1)

  • Woodard

Not signed on (176)

176 members have not signed on to this bill.

Show all 176 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

C RPT Adoption

Passed 106 Yea · 0 Nay · 14 Other
Party YeaNayPresentNot Voting
Democratic 22002
Republican 31004
Unaffiliated 51008
U 2000
Total 1060014
% of votes cast 88%0%0%12%
How each member voted (120)
Member Party Vote
Autry — Yea
Beasley — Yea
Brewer — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Insko — Yea
Jackson — Yea
Lucas — Yea
Martin — Yea
Montgomery — Yea
Queen — Yea
Richardson — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Davis — Yea
Dobson — Yea
Elmore — Yea
Faircloth — Yea
Fraley — Yea
Hardister — Yea
Hurley — Yea
L. Johnson — Yea
P. Jones — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Moore — Yea
Presnell — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Zachary — Yea
Yarborough — Not Voting
Black — Not Voting
Clemmons — Not Voting
Gailliard — Not Voting
Grange — Not Voting
Horn — Not Voting
Rogers — Not Voting
C. Smith — Yea
K. Smith — Not Voting
R. Smith — Yea
Allison A. Dahle Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Not Voting
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Sydney Batch Democratic Yea
Terence Everitt Democratic Yea
Tracy Clark Democratic Not Voting
Zack Hawkins Democratic Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Not Voting
Chris Humphrey Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jake Johnson Republican Yea
Jay Adams Republican Yea
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Not Voting
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Not Voting
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Not Voting
Steve Jarvis Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Passed 48 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 27002
Republican 13000
Total 48002
% of votes cast 96%0%0%4%
How each member voted (50)
Member Party Vote
deViere — Yea
Fitch — Yea
Foushee — Yea
Marcus — Yea
McKissick — Yea
Nickel — Yea
Peterson — Yea
Searcy — Yea
Smith — Yea
VanDuyn — Yea
Woodard — Yea
Ballard — Yea
Brown — Yea
Bryan — Yea
J. Davis — Yea
Edwards — Yea
Gallimore — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Wells — Yea
Steinburg — Not Voting
Tillman — Not Voting
D. Davis — Yea
J. Jackson — Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 433?
SB 433 is sponsored by Ballard, Woodard, and Jim Burgin (Republican).
What is the current status of SB 433?
This bill has been enacted into law. Introduced March 28, 2019. Enacted.
Where can I track SB 433?
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