FILED SENATE
Apr 4, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 582
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS15240-TQf-7
Short Title: North Carolina Farm Act of 2023. (Public)
Sponsors: Senators Jackson, Sanderson, and B. Newton (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE VARIOUS CHANGES TO THE AGRICULTURAL AND
3 WASTEWATER LAWS OF THIS STATE.
4 The General Assembly of North Carolina enacts:
5
6 INCLUDE INCOME FROM THE SALE OF HONEY IN GROSS INCOME FOR
7 PURPOSES OF PRESENT USE VALUE TAXATION
8 SECTION 1.(a) G.S. 105-277.3(a)(1) reads as rewritten:
9 "(1) Agricultural land. – Individually owned agricultural land consisting of one or
10 more tracts, one of which satisfies the requirements of this subdivision. For
11 agricultural land used as a farm for aquatic species, as defined in
12 G.S. 106-758, the tract must meet the income requirement for agricultural land
13 and must consist of at least five acres in actual production or produce at least
14 20,000 pounds of aquatic species for commercial sale annually, regardless of
15 acreage. For all other agricultural land, the tract must meet the income
16 requirement for agricultural land and must consist of at least 10 acres that are
17 in actual production. Land in actual production includes land under
18 improvements used in the commercial production or growing of crops, plants,
19 or animals.
20 To meet the income requirement, agricultural land must, for the three years
21 preceding January 1 of the year for which the benefit of this section is claimed,
22 have produced an average gross income of at least one thousand dollars
23 ($1,000). Gross income includes income from the sale of the agricultural
24 products produced from the land, grazing fees for livestock, the sale of bees
25 or products derived from beehives other than honey, beehives, any payments
26 received under a governmental soil conservation or land retirement program,
27 and the amount paid to the taxpayer during the taxable year pursuant to P.L.
28 108-357, Title VI, Fair and Equitable Tobacco Reform Act of 2004."
29 SECTION 1.(b) This section is effective for taxes imposed for taxable years
30 beginning on or after July 1, 2023.
31
32 AGRITOURISM ADVERTISING
33 SECTION 2. G.S. 136-32 reads as rewritten:
34 "§ 136-32. Regulation of signs.
35 (a) Commercial Signs. – No unauthorized person shall erect or maintain upon any
36 highway any warning or direction sign, marker, signal or light or imitation of any official sign,
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 General Assembly Of North Carolina Session 2023
1 marker, signal or light erected under the provisions of G.S. 136-30, except in cases of emergency.
2 No person shall erect or maintain upon any highway any traffic or highway sign or signal bearing
3 thereon any commercial or political advertising, except as provided in subsections (b) through
4 (e) of this section: Provided, nothing in this section shall be construed to prohibit the erection or
5 maintenance of signs, markers, or signals bearing thereon the name of an organization authorized
6 to erect the same by the Department of Transportation or by any local authority referred to in
7 G.S. 136-31. Any person who shall violate any of the provisions of this section shall be guilty of
8 a Class 1 misdemeanor. The Department of Transportation may remove any signs erected without
9 authority or allowed to remain beyond the deadline established in subsection (b) subsections (b)
10 and (b1) of this section.
11 (b) Compliant Political Signs Permitted. – During the period beginning on the 30th day
12 before the beginning date of "one-stop" early voting under G.S. 163-227.2 and ending on the 10th
13 day after the primary or election day, persons may place political signs in the right-of-way of the
14 State highway system as provided in this section. Signs must be placed in compliance with
15 subsection (d) of this section and must be removed by the end of the period prescribed in this
16 subsection. Any political sign remaining in the right-of-way of the State highway system more
17 than 30 days after the end of the period prescribed in this subsection shall be deemed unlawfully
18 placed and abandoned property, and a person may remove and dispose of such political sign
19 without penalty.
20 (b1) Compliant Farm Signs Permitted. – During a farm's seasonal operation, persons may
21 place farm signs in the right-of-way of the State highway system as provided in this section.
22 Signs must be placed in compliance with subsection (d) of this section and must be removed by
23 the end of the farm's season. Any farm sign remaining in the right-of-way of the State highway
24 system more than 30 days after the end of the period prescribed in this subsection shall be deemed
25 unlawfully placed and abandoned property, and a person may remove and dispose of the farm
26 sign without penalty.
27 (c) Definition. Definitions. – For purposes of this section, "political sign" means any the
28 following definitions apply:
29 (1) Farm. – Any property that is used for a bona fide farm purpose as provided in
30 G.S. 106-581.1.
31 (2) Farm sign. – A sign that advertises a farm, products grown, raised, or produced
32 on a farm, or services provided on a farm; or that provides customers with
33 directions to a farm.
34 (3) Political sign. – Any sign that advocates for political action. The term does
35 not include a commercial sign.
36 (d) Sign Placement. – The permittee must obtain the permission of any property owner
37 of a residence, business, or religious institution fronting the right-of-way where a sign would be
38 erected. Signs must be placed in accordance with the following:
39 (1) No sign shall be permitted in the right-of-way of a fully controlled access
40 highway.
41 (2) No sign shall be closer than three feet from the edge of the pavement of the
42 road.
43 (3) No sign shall obscure motorist visibility at an intersection.
44 (4) No sign shall be higher than 42 inches above the edge of the pavement of the
45 road.
46 (5) No sign shall be larger than 864 square inches.
47 (6) No sign shall obscure or replace another sign.
48 (e) Penalties for Unlawful Removal of Signs. – It is a Class 3 misdemeanor for a person
49 to steal, deface, vandalize, or unlawfully remove a political sign that is lawfully placed under this
50 section.
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 General Assembly Of North Carolina Session 2023
1 (f) Application Within Municipalities. – Pursuant to Article 8 of Chapter 160A of the
2 General Statutes, a city may by ordinance prohibit or regulate the placement of political signs on
3 rights-of-way of streets located within the corporate limits of a municipality and maintained by
4 the municipality. Any such ordinance shall provide that any political sign that remains in a
5 right-of-way of streets located within the corporate limits of a municipality and maintained by
6 the municipality more than 30 days after the end of the period prescribed in the ordinance is to
7 be deemed unlawfully placed and abandoned property, and a person may remove and dispose of
8 such political sign without penalty. In the absence of an ordinance prohibiting or regulating the
9 placement of political signs on the rights-of-way of streets located within a municipality and
10 maintained by the municipality, the provisions of subsections (b) through (e) of this section shall
11 apply."
12
13 CLARIFY DEFINITION OF PROPERTY-HAULING VEHICLES
14 SECTION 3. G.S. 20-4.01 reads as rewritten:
15 "§ 20-4.01. Definitions.
16 Unless the context requires otherwise, the following definitions apply throughout this
17 Chapter to the defined words and phrases and their cognates:
18 …
19 (31) Property-Hauling Vehicles. –
20 …
21 g. A fifth-wheel trailer, recreational vehicle, semitrailer, or trailer used
22 exclusively or primarily to transport vehicles in connection with
23 motorsports competition events is not a property-hauling vehicle.
24 …."
25
26 AMEND VETERINARY MEDICAL BOARD INSPECTION PROCESS
27 SECTION 4.(a) Article 11 of Chapter 90 of the General Statutes is amended by
28 adding a new section to read:
29 "§ 90-187.17. Inspection process.
30 At least one week prior to conducting any inspection pursuant to G.S. 90-185(3) or
31 G.S. 90-186(2), the Board shall provide written notice of the upcoming inspection to the
32 veterinarian. The written notice may be provided via an electronic communication. The
33 veterinarian may contact the Board to reschedule the inspection, but the inspection shall be
34 rescheduled no later than one week after the originally scheduled date of the inspection. Along
35 with the written notice of inspection, the Board shall provide the veterinarian with a checklist of
36 all standards adopted by rule for which the inspector may issue a violation and, with as much
37 specificity as possible, conditions that violate the standards."
38 SECTION 4.(b) This section becomes effective October 1, 2023.
39
40 REQUIRE PUBLIC SCHOOLS TO MAKE ONE HUNDRED PERCENT MUSCADINE
41 GRAPE JUICE AVAILABLE TO STUDENTS
42 SECTION 5.(a) G.S. 115C-12 is amended by adding a new subdivision to read:
43 "(49) Duty To Make Available Muscadine Grape Juice In Certain Schools. – The
44 State Board of Education shall ensure that one hundred percent (100%)
45 muscadine grape juice is made available to students in every school operated
46 under Article 9C of this Chapter as a part of the school's nutrition program or
47 through the operation of the school's vending facilities."
48 SECTION 5.(b) Part 2 of Article 17 of Chapter 115C of the General Statutes is
49 amended by adding a new section to read:
50 "§ 115C-264.5. Muscadine grape juice.
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 General Assembly Of North Carolina Session 2023
1 Local boards of education shall ensure that one hundred percent (100%) muscadine grape
2 juice is made available to students in every school in the local school administrative unit as a part
3 of the school's nutrition program or through the operation of the school's vending facilities."
4 SECTION 5.(c) G.S. 115C-218.75 is amended by adding a new subsection to read:
5 "(k) Muscadine Grape Juice. – A charter school shall ensure that one hundred percent
6 (100%) muscadine grape juice is made available to students as a part of the school's nutrition
7 program or through the operation of the school's vending facilities."
8 SECTION 5.(d) G.S. 115C-238.66 is amended by adding a new subdivision to read:
9 "(19) Muscadine grape juice. – A regional school shall ensure that one hundred
10 percent (100%) muscadine grape juice is made available to students as a part
11 of the school's nutrition program or through the operation of the school's
12 vending facilities."
13 SECTION 5.(e) G.S. 116-239.8(b)(4)c. reads as rewritten:
14 "c. Food services. – The laboratory school shall ensure that one hundred
15 percent (100%) muscadine grape juice is made available to students as
16 a part of the school's nutrition program or through the operation of the
17 school's vending facilities. Upon request, the local school
18 administrative unit in which the laboratory school is located shall
19 administer the National School Lunch Program for the laboratory
20 school in accordance with G.S. 115C-264."
21 SECTION 5.(f) G.S. 115D-20 reads as rewritten:
22 "§ 115D-20. Powers and duties of trustees.
23 The trustees of each institution shall constitute the local administrative board of such
24 institution, with such powers and duties as are provided in this Chapter and as are delegated to it
25 by the State Board of Community Colleges. The powers and duties of trustees shall include the
26 following:
27 …
28 (15) To make available one hundred percent (100%) muscadine grape juice as a
29 beverage option in the operation of the community college's vending
30 facilities."
31 SECTION 5.(g) Part 5 of Article 1 of Chapter 116 of the General Statutes is amended
32 by adding a new section to read:
33 "§ 116-43.25. Availability of muscadine grape juice on campuses.
34 Each constituent institution shall make one hundred percent (100%) muscadine grape juice
35 available as a beverage option in the operation of the institution's vending facilities."
36 SECTION 5.(h) This section is effective when it becomes law. Subsections (a), (b),
37 (c), (d), and (e) of this section apply beginning with the 2023-2024 school year. Subsections (f)
38 and (g) of this section apply beginning with the 2023-2024 academic year.
39
40 ESTABLISH EQUINE STATE TRAIL
41 SECTION 6.(a) The General Assembly makes the following findings:
42 (1) The equine industry provides a three billion four hundred forty million dollar
43 ($3,440,000,000) overall economic impact to the State of North Carolina, and
44 horses are a rich part of our State's historical and cultural heritage.
45 (2) The inclusion of an Equine State Trail as a State trail in the State Parks System
46 would be beneficial to the people of North Carolina and further the
47 development of North Carolina as the "Great Trails State."
48 SECTION 6.(b) The General Assembly authorizes the Department of Natural and
49 Cultural Resources to add the Equine State Trail in Chatham, Cumberland, Harnett, Hoke, Lee,
50 Montgomery, Moore, and Richmond Counties to the State Parks System as a State trail, as
51 provided in G.S. 143B-135.54(b).
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 General Assembly Of North Carolina Session 2023
1 SECTION 6.(c) The Department shall support, promote, encourage, and facilitate
2 the establishment of trail segments on State park lands and on lands of other federal, State, local,
3 and private landowners. On segments of the Equine State Trail that cross property controlled by
4 agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules,
5 and policies of those agencies or owners shall govern the use of the property.
6 SECTION 6.(d) The requirement of G.S. 143B-135.54(b) that additions be
7 accompanied by adequate appropriations for land acquisition, development, and operations shall
8 not apply to the authorization set forth in this act; provided, however, that the State may receive
9 donations of appropriate land and may purchase other needed lands for the Equine State Trail
10 with existing funds in the Land and Water Fund, the Parks and Recreation Trust Fund, the
11 Complete the Trails Fund, the federal Land and Water Conservation Fund, and other available
12 sources of funding.
13
14 RENAME THE OFFICIAL STATE FRUIT TO THE MUSCADINE GRAPE
15 SECTION 7.(a) The General Assembly makes the following findings:
16 (1) North Carolina is the home of our nation's first cultivated grape, the variety of
17 native Muscadine grape known as Scuppernong.
18 (2) French explorers in 1524 first discovered Muscadine grapes while exploring
19 the Cape Fear River Valley, and later British explorers in 1584 and 1585
20 reported to Queen Elizabeth and Sir Walter Raleigh that the barrier islands
21 were full of grapes and the soil of the land was "so abounding with sweet trees
22 that bring rich and most pleasant gummies, grapes of such greatness, yet wild
23 as France, Spain and Italy hath not greater…"
24 (3) The thick skins, fruit seed, and sweet pulp and juice that characterize
25 Muscadine grapes make the native fruit a state treasure.
26 (4) In recent times, resear