GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 21 SENATE BILL 433 Agriculture/Environment/Natural Resources Committee Substitute Adopted 5/1/19 Short Title:
Senators Burgin, Ballard, and Woodard (Primary Sponsors).
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 NATURALNATURALAND ANDCULTURALRESOURCES, CULTURAL RESOURCES AND TO REMOVE CERTAIN LANDS FROM THE STATE NATURE AND HISTORIC PRESERVE, AS RECOMMENDED BY THE DEPARTMENT.
87 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).2.
*S433-v-2* General Assembly Of North Carolina Session 2019 (2) Persons using skateboards, rollerblades, roller skates, or similar devices in prohibited areas.
*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." AMEND VENOMOUS REPTILES AND CONSTRICTING SNAKE STATUTES SECTION 2.(b).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 sturdysturdyand and secure enclosure.
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 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.
…." 7Senate 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.
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." 7 TECHNICAL CORRECTION SECTION 6.
143B-135.270." REMOVALEFFECTIVE OFDATE CERTAIN LANDS FROM THE STATE NATURE AND HISTORIC PRESERVE 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.
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-Second433-First Edition Page 75