H.B. 192
GENERAL ASSEMBLY OF NORTH CAROLINA
Feb 23, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10094-MHa-38
Short Title: 2023 Wildlife Resources Changes.-AB (Public)
Sponsors: Representative Adams.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE VARIOUS CHANGES TO THE WILDLIFE LAWS, AS REQUESTED
3 BY THE WILDLIFE RESOURCES COMMISSION.
4 The General Assembly of North Carolina enacts:
5
6 PART I. BUDGET AND FUNDING MATTERS
7
8 AUTHORIZE ACQUISITION OR CONSTRUCTION OF CERTAIN CAPITAL
9 IMPROVEMENT PROJECTS OF THE COMMISSION
10 SECTION 1.1.(a) G.S. 143C-8-12 reads as rewritten:
11 "§ 143C-8-12. Capital improvement projects from sources other than the General Fund.
12 …
13 (c) National Guard Projects. – Notwithstanding any other provision of this Chapter, the
14 North Carolina National Guard may approve expenditures for a capital project of the North
15 Carolina National Guard if (i) the project will be funded entirely with federal funds and (ii) any
16 operating costs associated with the project will be paid entirely with federal funds.
17 (c1) Wildlife Resources Commission Projects. – Notwithstanding any other provision of
18 this Chapter, the Wildlife Resources Commission may approve expenditures for a capital project
19 of the Wildlife Resources Commission if (i) the project will be funded entirely with agency
20 receipts or federal funds and (ii) any operating costs associated with the project will be paid
21 entirely with agency receipts or federal funds.
22 (d) Reporting. – The Board of Governors and Governors, the National Guard Guard, and
23 the Wildlife Resources Commission shall report any expenditure made pursuant to this section
24 to the Office of State Budget and Management and to the Joint Legislative Commission on
25 Governmental Operations."
26 SECTION 1.1.(b) This section becomes effective July 1, 2023.
27
28 COMMISSION TO RETAIN CERTAIN DREDGING FUNDS
29 SECTION 1.2.(a) G.S. 75A-3(c) reads as rewritten:
30 "(c) The Boating Account is established within the Wildlife Resources Fund created under
31 G.S. 143-250. Interest and other investment income earned by the Account accrues to the
32 Account. All moneys collected pursuant to the numbering and titling provisions of this Chapter
33 shall be credited to this Account. Motor fuel excise tax revenue is credited to the Account under
34 G.S. 105-449.126. The Commission shall use revenue in the Account, subject to the Executive
35 Budget Act and the Personnel Act, for the administration and enforcement of this Chapter; for
36 activities relating to boating and water safety including education and waterway marking and
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 General Assembly Of North Carolina Session 2023
1 improvement; and for boating access area acquisition, development, and maintenance. The
2 Commission shall use at least three dollars ($3.00) of each one-year certificate of number fee and
3 at least nine dollars ($9.00) of each three-year certificate of number fee collected under the
4 numbering provisions of G.S. 75A-5 for boating access area acquisition, development, and
5 maintenance. The Commission shall transfer on a quarterly basis fifty percent (50%) of each
6 one-year certificate of number fee and fifty percent (50%) of each three-year certificate of
7 number fee collected under the numbering provisions of G.S. 75A-5 to the Shallow Draft
8 Navigation Channel Dredging and Aquatic Weed Fund established by G.S. 143-215.73F. Each
9 quarter, the Commission may retain one hundred thousand dollars ($100,000) of the transfer set
10 forth in the preceding sentence of this subsection and use the retained funds for
11 Commission-directed dredging projects."
12 SECTION 1.2.(b) This section becomes effective July 1, 2023.
13
14 DAM REMOVAL FUNDING EXTENSION AND ELIGIBILITY REVISION
15 SECTION 1.3.(a) Notwithstanding any provision of S.L. 2021-180 or the
16 Committee Report described in Section 43.2 of that act to the contrary, funds appropriated for
17 the removal of high-hazard dams in the mountain region of the State (i) may be used for dams
18 not categorized as high-hazard but otherwise prioritized for removal by the Commission utilizing
19 data-driven criteria that take into account beneficial impacts on restoration of fisheries and
20 wildlife resources, accessibility of the areas to be restored by dam removal to the public for
21 recreational, hunting, and fishing activities and other relevant criteria and (ii) shall not revert at
22 the end of the 2022-2023 fiscal year but shall remain available for expenditure until June 30,
23 2025.
24 SECTION 1.3.(b) This section becomes effective June 30, 2023.
25
26 PART II. POLICY AND STATUTORY MATTERS
27
28 STATE CONSTRUCTION PERMITTING EXEMPTION
29 SECTION 2.1.(a) Article 24 of Chapter 143 of the General Statutes is amended by
30 adding a new section to read:
31 "§ 143-254.6. Powers of the Commission regarding certain fee negotiations, contracts, and
32 capital improvements.
33 (a) Notwithstanding G.S. 143-341(3) and G.S. 143-135.1, the Commission shall, with
34 respect to the design, construction, or renovation of property developments at boating access
35 areas, public fishing areas, and game lands of the Commission, requiring the estimated
36 expenditure of non-General Fund money, of seven hundred fifty thousand dollars ($750,000) or
37 less:
38 (1) Conduct the fee negotiations for all design contracts and supervise the letting
39 of all construction and design contracts.
40 (2) Develop procedures governing the responsibilities of the Commission to
41 perform the duties of the Department of Administration and the Director or
42 Office of State Construction under G.S. 133-1.1(d) and G.S. 143-341(3).
43 (b) The Commission shall use the standard contracts for design and construction currently
44 in use for State capital improvement projects by the Office of State Construction of the
45 Department of Administration.
46 (c) A contract may not be divided for the purpose of evading the monetary limit under
47 this section.
48 (d) Notwithstanding any other provision of this Chapter, the Department of
49 Administration shall not be the awarding authority for contracts awarded pursuant to this section.
50 (e) The Commission shall annually report the following to the State Building
51 Commission:
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 General Assembly Of North Carolina Session 2023
1 (1) A list of projects governed by this section.
2 (2) The estimated cost of each project along with the actual cost.
3 (3) The name of each person or business awarded a contract under this section.
4 (4) Whether the person or business awarded a contract under this section meets
5 the definition of "minority business" or "minority person" as defined in
6 G.S. 143-128.2(g)."
7 SECTION 2.1.(b) This section becomes effective July 1, 2023.
8
9 CHRONIC WASTING DISEASE/DEER MANAGEMENT ASSISTANCE PROGRAM
10 CHANGES
11 SECTION 2.2.(a) G.S. 113-270.3(b) reads as rewritten:
12 "(b) The special activity licenses and stamp issued by the Wildlife Resources Commission
13 are as follows:
14 …
15 (2b) Bonus CWD Deer License. – This license may be issued to an individual
16 resident or nonresident of the State who holds a valid North Carolina hunting
17 license that entitles the licensee to take big game, or an individual resident
18 who is exempt from the hunting license requirement in accordance with
19 G.S. 113-276(c) and G.S. 113-276(d) and entitles the holder to take two deer
20 of either sex in an area identified by the Wildlife Resources Commission for
21 special management action due to the presence of or potential for Chronic
22 Wasting Disease during seasons and by methods authorized by the Wildlife
23 Resources Commission. This license expires June 30.
24 …."
25 SECTION 2.2.(b) G.S. 113-291.2(e) reads as rewritten:
26 "(e) Upon application of any landholder or agent of a landholder accompanied by a fee of
27 fifty dollars ($50.00), landholder, the Executive Director or the Executive Director's designee
28 may issue to such the landholder or agent a special license permit and a number of special
29 antlerless or antlered deer tags that in the judgment of the Executive Director or designee is
30 sufficient to accommodate the landholder or the landholder's agent's deer population
31 management objectives or objectives, correct any deer population imbalance that may occur on
32 the property. property, or address disease management in deer population. Subject to applicable
33 hunting license requirements, the special deer tags may be used by any person or persons selected
34 by the landholder or his agent as authority to take antlerless deer, including male deer with
35 "buttons" or spikes not readily visible, or antlered deer on the tract of land concerned during any
36 established deer hunting season. The Executive Director or designee may stipulate on the license
37 permit that special deer tags for antlered deer, if applicable, may only be valid for deer that meet
38 certain minimum harvest criteria. The Executive Director or designee may also define on the
39 license permit valid hunt dates that fall outside of the general deer hunting season. season, manner
40 of take, and disease testing requirements. Harvested antlerless or antlered deer for which special
41 tags are issued shall be affixed immediately with a special deer tag and shall be reported
42 immediately in the wildlife cooperator tagging book supplied with the special deer tags. This
43 tagging book and any unused tags shall be returned to the Commission within 15 days of the
44 close of the season. pursuant to the Commission's requirements for big game harvest reporting.
45 The Wildlife Resources Commission may offer an alternate reporting system when the
46 Commission determines that such an alternate system is appropriate. Antlerless or antlered deer
47 taken under this program and tagged with the special tags provided shall not count as part of the
48 daily bag, possession, and season limits of the person taking the deer."
49
50 CONFORMING CHANGES TO PERSONAL FLOTATION DEVICE STATUTES
51 SECTION 2.3. G.S. 75A-13.3(d) reads as rewritten:
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 General Assembly Of North Carolina Session 2023
1 "(d) No person shall operate a personal watercraft on the waters of this State, nor shall the
2 owner of a personal watercraft knowingly allow another person to operate that personal
3 watercraft on the waters of this State, unless:
4 (1) Each person riding on or being towed behind the vessel is wearing a type I,
5 type II, type III, or type V personal flotation device approved by the United
6 States Coast Guard. Inflatable personal flotation devices do not satisfy this
7 requirement; and
8 (2) In the case of a personal watercraft equipped by the manufacturer with a
9 lanyard-type engine cut-off switch, the lanyard is securely attached to the
10 person, clothing, or flotation device of the operator at all times while the
11 personal watercraft is being operated in such a manner to turn off the engine
12 if the operator dismounts while the watercraft is in operation."
13
14 RELOCATION OF FALLEN OFFICERS MEMORIAL
15 SECTION 2.4. G.S. 100-2.1(c) reads as rewritten:
16 "(c) Exceptions. – This section does not apply to the following:
17 (1) Highway markers set up by the Board of Transportation in cooperation with
18 the Department of Environmental Quality and the Department of Natural and
19 Cultural Resources as provided by Chapter 197 of the Public Laws of 1935.
20 (2) An object of remembrance owned by a private party that is located on public
21 property and that is the subject of a legal agreement between the private party
22 and the State or a political subdivision of the State governing the removal or
23 relocation of the object.
24 (3) An object of remembrance for which a building inspector or similar official
25 has determined poses a threat to public safety because of an unsafe or
26 dangerous condition.
27 (4) An object of remembrance commemorating law enforcement officers of the
28 Wildlife Resources Commission killed in the line of duty."
29
30 ONLINE ELECTRONIC LICENSING CONFORMING CHANGES
31 SECTION 2.5.(a) G.S. 75A-34(a) reads as rewritten:
32 "(a) Any owner of a motorized vessel or sailboat 14 feet or longer or any personal
33 watercraft, as defined in G.S. 75A-13.3(a), that is applying for a certificate of number for the first
34 time in this State pursuant to G.S. 75A-5(a), and any new owner of a motorized vessel or sailboat
35 14 feet or longer or any personal watercraft to whom ownership is being transferred under
36 G.S. 75A-5(c) shall apply to the Commission for a certificate of title for that vessel. Any other
37 vessel may be titled in this State at the owner's option. A vessel may not be titled in this State if
38 it is titled in another state, unless the current title is surrendered submitted to the Commission
39 along with the application for a certificate of title in this State. The Commission shall issue a
40 certificate of title upon reasonable evidence of ownership, which may be established by affidavit,
41 bill of sale, manufacturer's statement of origin, certificate of title in this State, certificate of
42 number or title from another state, or other document satisfactory to the Commission. Only one
43 certificate of title may be issued for any vessel in this State. A vessel may not be titled in this
44 State if it is documented with the United States Coast Guard, unless the documentation has
45 expired or been deleted by the United States Coast Guard. The Commission shall issue a
46 certificate of title upon receipt of a completed application, along with the appropriate fee and
47 reasonable evidence of ownership. The Commission shall require a manufacturer's statement of
48 origin for all new vessels being issued a certificate of number and a certificate of title for the first
49 time. The Commission may request a pencil tracing of the hull identification number (serial
50 number) for vessels being transferred, in order to positively identify the vessel before issuance
51 of a certificate of title for that vessel."
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 General Assembly Of North Carolina Session 2023
1 SECTION 2.5.(b) G.S. 75A-41 reads as rewritten:
2 "§ 75A-41. Security interests subsequently created.
3 Except for security interests in vessels that are inventory held for sale, security interests
4 created in vessels by the voluntary act of the owner after the original issue of title to the owner
5 must be shown on the certificate of title. In such cases, the owner shall file an application with
6 the Commission on a form furnished for that purpose, setting forth all security interests and other
7 information as the Commission requires. The Commission, if satisfied that it is proper that the
8 security interests be recorded, shall upon surrender submission of the certificate of title covering
9 the vessel, issue a new certificate of title showing any security interests in the order of the priority
10 according to the date of the filing of the application. For the purpose of recording the subsequent
11 security interest, the Commission may require any secured party to deliver the certificate of title
12 to the Commission. The newly issued certificate shall be sent or delivered to the secured party of
13 first priority listed on the certificate of title."
14
15 PART III. EFFECTIVE DATE
16 SECTION 3. Except as otherwise provided, this act is effective when it becomes
17 law.
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Statutes affected:
Filed: 75A-3, 113-270.3, 113-291.2, 75A-13.3, 100-2.1, 75A-34, 75A-41
Edition 1: 75A-3, 113-270.3, 113-291.2, 75A-13.3, 100-2.1, 75A-34, 75A-41
Edition 2: 75A-3, 113-270.3, 113-291.2, 75A-13.3, 100-2.1, 75A-34, 75A-41
Edition 3: 75A-3, 113-270.3, 113-291.2, 75A-13.3, 100-2.1, 75A-34, 75A-41
Edition 4: 113-270.3, 113-291.2, 75A-13.3, 100-2.1, 75A-34, 75A-41, 14-401.24
Ratified: 113-270.3, 113-291.2, 75A-13.3, 100-2.1, 75A-34, 75A-41, 14-401.24
SL 2023-69: 113-270.3, 113-291.2, 75A-13.3, 100-2.1, 75A-34, 75A-41, 14-401.24