GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S D
SENATE DRS85110-MH-86A* (03/07)
Short Title: Forest Service Tech./Clarify'g Changes-AB |
(Public) |
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Sponsors: |
Senators Barefoot, Cook, and Walters (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to make technical and conforming changes pertaining to the renaming of the North Carolina Forest Service and to make other changes in the forest service statutes.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 1-339.17(c1) reads as rewritten:
"(c1) When the public sale is a
sale of timber by sealed bid, the notice shall also be given in writing, not
less than 21 days before the date on which bids are opened, to a reasonable
number of prospective timber buyers, which in all cases shall include the
timber buyers listed in the office of the Division of Forest Resources North
Carolina Forest Service of the Department of Agriculture and Consumer
Services for the county or counties in which the timber to be sold is
located."
SECTION 2. G.S. 20-81.12(b35) reads as rewritten:
"(b35) First in Forestry. - The Division must
receive 300 or more applications for the First in Forestry plate before the
plate may be developed. The Division shall transfer quarterly one-half of the
money in the Collegiate and Cultural Attraction Plate Account derived from the
sale of the First in Forestry plates to the Division of Forest ResourcesNorth
Carolina Forest Service of the Department of Agriculture and Consumer
Services for a State forests and forestry education program and shall transfer
quarterly one-half of the money in the Collegiate and Cultural Attraction Plate
Account derived from the sale of the First in Forestry plates to the Forest
Education and Conservation Foundation for their programs."
SECTION 3. G.S. 77-13 reads as rewritten:
"§ 77-13. Obstructing streams a misdemeanor.
If any person, firm, or corporation shall fell any tree, or
put any obstruction, except for the purposes of utilizing water as a motive
power, in any branch, creek, stream, or other natural passage for water,
whereby the natural flow of water through such passage is lessened or retarded,
or whereby the navigation of such stream may be impeded, delayed, or prevented,
the person, firm, or corporation so offending shall be guilty of a Class 2
misdemeanor. In addition to any fine or imprisonment imposed, the court may, in
its discretion, order the person, firm, or corporation so offending to remove
the obstruction and restore the affected waterway to an undisturbed condition,
or allow authorized employees of the enforcing agency to enter upon the
property and accomplish the removal of the obstruction and the restoration of
the waterway to an undisturbed condition, in which case the costs of the
removal and restoration shall be paid to the enforcing agency by the offending
party. Nothing in this section shall prevent the erection of fish dams or
hedges across any stream which do not extend across more than two thirds of its
width at the point of obstruction. If the fish dams or hedges extend more than
two thirds of the width of any stream, the said penalties shall attach. This
section may be enforced by marine fisheries inspectors and wildlife protectors.
Within the bounds of any county or municipality, this section may also be
enforced by any law enforcement officer having territorial jurisdiction, or by
the county engineer. This section may also be enforced by specially
commissioned forest law-enforcement officers of the Department of Environment
and Natural ResourcesAgriculture and Consumer Services for offenses
occurring in woodlands. For purposes of this section, the term
"woodlands" means all forested areas, including swamp and timber
lands, cutover lands, and second-growth stands in previously cultivated
sites."
SECTION 4. G.S. 77-14 reads as rewritten:
"§ 77-14. Obstructions in streams and drainage ditches.
If any person, firm or corporation shall fell any tree or put
any slabs, stumpage, sawdust, shavings, lime, refuse or any other substances in
any creek, stream, river or natural or artificial drainage ravine or ditch, or
in any other outlet which serves to remove water from any land whatsoever
whereby the drainage of said land is impeded, delayed or prevented, the person,
firm or corporation so offending shall be guilty of a Class 2 misdemeanor:
Provided, however, nothing herein shall prevent the construction of any dam or
weir not otherwise prohibited by any valid local or State statute or
regulation. In addition to any fine or imprisonment imposed, the court may, in
its discretion, order the person, firm, or corporation so offending to remove
the obstruction and restore the affected waterway to an undisturbed condition,
or allow authorized employees of the enforcing agency to enter upon the
property and accomplish the removal of the obstruction and the restoration of
the waterway to an undisturbed condition, in which case the costs of the
removal and restoration shall be paid to the enforcing agency by the offending
party. This section may be enforced by marine fisheries inspectors and wildlife
protectors. Within the boundaries of any county or municipality this section
may also be enforced by any law enforcement officer having territorial
jurisdiction, or by the county engineer. This section may also be enforced by
specially commissioned forest law-enforcement officers of the Department of Environment
and Natural ResourcesAgriculture and Consumer Services for offenses
occurring in woodlands. For purposes of this section, the term
"woodlands" means all forested areas, including swamp and timber
lands, cutover lands and second-growth stands on previously cultivated
sites."
SECTION 5. G.S. 97-2 reads as rewritten:
"§ 97-2. Definitions.
When used in this Article, unless the context otherwise requires:
…
(2) Employee. - The term "employee" means every person engaged in an employment under any appointment or contract of hire or apprenticeship, express or implied, oral or written, including aliens, and also minors, whether lawfully or unlawfully employed, but excluding persons whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer, and as relating to those so employed by the State, the term "employee" shall include all officers and employees of the State, including such as are elected by the people, or by the General Assembly, or appointed by the Governor to serve on a per diem, part-time or fee basis, either with or without the confirmation of the Senate; as relating to municipal corporations and political subdivisions of the State, the term "employee" shall include all officers and employees thereof, including such as are elected by the people. The term "employee" shall include members of the North Carolina National Guard while on State active duty under orders of the Governor and members of the North Carolina State Defense Militia while on State active duty under orders of the Governor. The term "employee" shall include deputy sheriffs and all persons acting in the capacity of deputy sheriffs, whether appointed by the sheriff or by the governing body of the county and whether serving on a fee basis or on a salary basis, or whether deputy sheriffs serving upon a full-time basis or a part-time basis, and including deputy sheriffs appointed to serve in an emergency, but as to those so appointed, only during the continuation of the emergency. The sheriff shall furnish to the board of county commissioners a complete list of all deputy sheriffs named or appointed by him immediately after their appointment and notify the board of commissioners of any changes made therein promptly after such changes are made. Any reference to an employee who has been injured shall, when the employee is dead, include also his legal representative, dependents, and other persons to whom compensation may be payable: Provided, further, that any employee, as herein defined, of a municipality, county, or of the State of North Carolina, while engaged in the discharge of his official duty outside the jurisdictional or territorial limits of the municipality, county, or the State of North Carolina and while acting pursuant to authorization or instruction from any superior officer, shall have the same rights under this Article as if such duty or activity were performed within the territorial boundary limits of his employer.
Every executive officer elected or appointed and empowered in accordance with the charter and bylaws of a corporation shall be considered as an employee of such corporation under this Article.
Any such executive officer of a corporation may, notwithstanding any other provision of this Article, be exempt from the coverage of the corporation's insurance contract by such corporation's specifically excluding such executive officer in such contract of insurance, and the exclusion to remove such executive officer from the coverage shall continue for the period such contract of insurance is in effect, and during such period such executive officers thus exempted from the coverage of the insurance contract shall not be employees of such corporation under this Article.
All county agricultural extension service employees who do not receive official federal appointments as employees of the United States Department of Agriculture and who are field faculty members with professional rank as designated in the memorandum of understanding between the North Carolina Agricultural Extension Service, North Carolina State University, A & T State University, and the boards of county commissioners shall be deemed to be employees of the State of North Carolina. All other county agricultural extension service employees paid from State or county funds shall be deemed to be employees of the county board of commissioners in the county in which the employee is employed for purposes of workers' compensation.
The term "employee" shall also include members of the Civil Air Patrol currently certified pursuant to G.S. 143B-491(a) [G.S. 143B-1031(a)] when performing duties in the course and scope of a State-approved mission pursuant to Article 11 of Chapter 143B [Subpart C of Part 5 of Article 13 of Chapter 143B] of the General Statutes.
"Employee" shall not include any person performing voluntary service as a ski patrolman who receives no compensation for such services other than meals or lodging or the use of ski tow or ski lift facilities or any combination thereof.
Any sole proprietor or partner of a business or any member of a limited liability company may elect to be included as an employee under the workers' compensation coverage of such business if he is actively engaged in the operation of the business and if the insurer is notified of his election to be so included. Any such sole proprietor or partner or member of a limited liability company shall, upon such election, be entitled to employee benefits and be subject to employee responsibilities prescribed in this Article.
"Employee" shall include
an authorized pickup firefighter of the Division of Forest ResourcesNorth
Carolina Forest Service of the Department of Agriculture and Consumer
Services when that individual is engaged in emergency fire suppression
activities for the Division of Forest Resources.North Carolina Forest
Service. As used in this section, "authorized pickup firefighter"
means an individual who has completed required fire suppression training as a
wildland firefighter and who is available as needed by the Division of
Forest Resources North Carolina Forest Service for emergency fire
suppression activities, including immediate dispatch to wildfires and standby
for initial attack on fires during periods of high fire danger.
It shall be a rebuttable presumption that the term "employee" shall not include any person performing services in the sale of newspapers or magazines to ultimate consumers under an arrangement whereby the newspapers or magazines are to be sold by that person at a fixed price and the person's compensation is based on the retention of the excess of the fixed price over the amount at which the newspapers or magazines are charged to the person.
(3) Employer. - The
term "employer" means the State and all political subdivisions
thereof, all public and quasi-public corporations therein, every person
carrying on any employment, and the legal representative of a deceased person
or the receiver or trustee of any person. The board of commissioners of each
county of the State, for the purposes of this law, shall be considered as
"employer" of all deputy sheriffs serving within such county, or
persons serving or performing the duties of a deputy sheriff, whether such
persons are appointed by the sheriff or by the board of commissioners and
whether serving on a fee basis or salary basis. Each county is authorized to
insure its compensation liability for deputy sheriffs to the same extent it is
authorized to insure other compensation liability for employees thereof. For
purposes of this Chapter, when an authorized pickup firefighter of the Division
of Forest Resources North Carolina Forest Service of the Department
of Agriculture and Consumer Services is engaged in emergency fire suppression
activities for the Division of Forest Resources,North Carolina Forest
Service, that individual's employer is the Division of Forest Resources.North
Carolina Forest Service.
…
(5) Average Weekly Wages. - "Average weekly wages" shall mean the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of 52 weeks immediately preceding the date of the injury, including the subsistence allowance paid to veteran trainees by the United States government, provided the amount of said allowance shall be reported monthly by said trainee to his employer, divided by 52; but if the injured employee lost more than seven consecutive calendar days at one or more times during such period, although not in the same week, then the earnings for the remainder of such 52 weeks shall be divided by the number of weeks remaining after the time so lost has been deducted. Where the employment prior to the injury extended over a period of fewer than 52 weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed; provided, results fair and just to both parties will be thereby obtained. Where, by reason of a shortness of time during which the employee has been in the employment of his employer or the casual nature or terms of his employment, it is impractical to compute the average weekly wages as above defined, regard shall be had to the average weekly amount which during the 52 weeks previous to the injury was being earned by a person of the same grade and character employed in the same class of employment in the same locality or community.
But where for exceptional reasons the foregoing would be unfair, either to the employer or employee, such other method of computing average weekly wages may be resorted to as will most nearly approximate the amount which the injured employee would be earning were it not for the injury.
Wherever allowances of any character made to an employee in lieu of wages are specified part of the wage contract, they shall be deemed a part of his earnings.
Where a minor employee, under the age of 18 years, sustains a permanent disability or dies leaving dependents surviving, the compensation payable for permanent disability or death shall be calculated, first, upon the average weekly wage paid to adult employees employed by the same employer at the time of the accident in a similar or like class of work which the injured minor employee would probably have been promoted to if not injured, or, second, upon a wage sufficient to yield the maximum weekly compensation benefit. Compensation for temporary total disability or for the death of a minor without dependents shall be computed upon the average weekly wage at the time of the accident, unless the total disability extends more than 52 weeks, and then the compensation may be increased in proportion to his expected earnings.
In case of disabling injury or death
to a volunteer fireman; member of an organized rescue squad; an authorized
pickup firefighter, as defined in subdivision (2) of this section, when that
individual is engaged in emergency fire suppression activities for the Division
of Forest Resources;North Carolina Forest Service; a duly appointed
and sworn member of an auxiliary police department organized pursuant to
G.S. 160A-282; or senior members of the State Civil Air Patrol functioning
under Article 11 of Chapter 143B [Subpart C of Part 5 of Article 13 of Chapter
143B] of the General Statutes, under compensable circumstances, compensation
payable shall be calculated upon the average weekly wage the volunteer fireman,
member of an organized rescue squad, authorized pickup firefighter of the Division
of Forest Resources,North Carolina Forest Service; when that
individual is engaged in emergency fire suppression activities for the Division
of Forest Resources,North Carolina Forest Service, member of an
auxiliary police department, or senior member of the State Civil Air Patrol was
earning in the employment wherein he principally earned his livelihood as of
the date of injury. Provided, however, that the minimum compensation payable to
a volunteer fireman, member of an organized rescue squad, an authorized pickup
firefighter of the Division of Forest ResourcesNorth Carolina Forest
Service of the Department of Agriculture and Consumer Services, when that
individual is engaged in emergency fire suppression activities for the Division
of Forest Resources,North Carolina Forest Service a sworn member of
an auxiliary police department organized pursuant to G.S. 160A-282, or
senior members of the State Civil Air Patrol shall be sixty-six and two-thirds
percent (66 2/3%) of the maximum weekly benefit established in G.S. 97-29.
…."
SECTION 6. G.S. 105-259(b)(41) reads as rewritten:
"(41) To furnish the Division of
Forest ResourcesNorth Carolina Forest Service of the Department of
Agriculture and Consumer Services pertinent contact and financial information concerning
companies that are involved in the primary processing of timber products so
that the Commissioner of Agriculture is able to comply with G.S. 106-1029
under the Primary Forest Product Assessment Act."
SECTION 7. G.S. 105-277.7(a)(2) reads as rewritten:
"(2) A representative of
the Division of Forest ResourcesNorth Carolina Forest Service of
the Department of Agriculture and Consumer Services, designated by the Director
of that Division."
SECTION 8. G.S. 105-296(j) reads as rewritten:
"(j) The assessor
must annually review at least one eighth of the parcels in the county
classified for taxation at present-use value to verify that these parcels
qualify for the classification. By this method, the assessor must review the
eligibility of all parcels classified for taxation at present-use value in an
eight-year period. The period of the review process is based on the average of
the preceding three years' data. The assessor may request assistance from the
Farm Service Agency, the Cooperative Extension Service, the Division of
Forest ResourcesNorth Carolina Forest Service of the Department of
Agriculture and Consumer Services, or other similar organizations.
The assessor may require the owner of classified property to submit any information, including sound management plans for forestland, needed by the assessor to verify that the property continues to qualify for present-use value taxation. The owner has 60 days from the date a written request for the information is made to submit the information to the assessor. If the assessor determines the owner failed to make the information requested available in the time required without good cause, the property loses its present-use value classification and the property's deferred taxes become due and payable as provided in G.S. 105-277.4(c). If the property loses its present-use value classification for failure to provide the requested information, the assessor must reinstate the property's present-use value classification when the owner submits the requested information within 60 days after the disqualification unless the information discloses that the property no longer qualifies for present-use value classification. When a property's present-use value classification is reinstated, it is reinstated retroactive to the date the classification was revoked and any deferred taxes that were paid as a result of the revocation must be refunded to the property owner. The owner may appeal the final decision of the assessor to the county board of equalization and review as provided in G.S. 105-277.4(b1).
In determining whether property is operating under a sound management program, the assessor must consider any weather conditions or other acts of nature that prevent the growing or harvesting of crops or the realization of income from cattle, swine, or poultry operations. The assessor must also allow the property owner to submit additional information before making this determination."
SECTION 9. G.S. 106-202.14(b)(3) reads as rewritten:
"(3) The Division of Forest
Resources,North Carolina Forest Service, Department of Agriculture
and Consumer Services;"
SECTION 10. G.S. 106-860(d)(11) reads as rewritten:
"(11) The Director Assistant
Commissioner of the Division of Forest ResourcesNorth Carolina
Forest Service of the Department of Agriculture and Consumer Services or
the Director's Assistant Commissioner's designee."
SECTION 11. G.S. 106-878 reads as rewritten:
"§ 106-878. Applications of proceeds from sale of products.
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(c) Forest Seedling
Nursery Program Fund. - The Forest Seedling Nursery Program Fund is created
within the Department of Agriculture and Consumer Services, Division of
Forest Resources,North Carolina Forest Service, as a special revenue
fund. Except as provided in subsection (b) of this section, this Fund shall
consist of receipts from the sale of seed and seedlings as authorized in
G.S. 106-877 and any gifts, bequests, or grants for the benefit of this
Fund. No General Fund appropriations shall be credited to this Fund. Any balance
remaining in this Fund at the end of any fiscal year shall not revert. The
Department may use this Fund only to develop, improve, repair, maintain,
operate, or otherwise invest in the Forest Seedling Nursery Program.
(d) Bladen Lakes
State Forest Fund. - The Bladen Lakes State Forest Fund is created within the
Department of Agriculture and Consumer Services, Division of Forest
Resources,North Carolina Forest Service, as a special revenue fund.
This Fund shall consist of receipts from the sale of forest products from
Bladen Lakes State Forest as authorized in G.S. 106-877 and any gifts,
bequests, or grants for the benefit of this Fund. No General Fund
appropriations shall be credited to this Fund. Any balance remaining in this
Fund at the end of any fiscal year shall not revert. The Department may use
this Fund only to develop, improve, repair, maintain, operate, or otherwise
invest in the Bladen Lakes State Forest."
SECTION 12. G.S. 106-887(a) reads as rewritten:
"(a) DuPont State
Forest is designated as a State Recreational Forest. The Department shall
manage DuPont State Recreational Forest: (i) primarily for natural resource
preservation, scenic enjoyment and recreational purposes, including horseback
riding, hiking, bicycling, hunting, and fishing; (ii) so as to provide an
exemplary model of scientifically sound, ecologically based natural resource
management for the social and economic benefit of the forest's diverse
community of users; and (iii) consistent with the grant agreement between the Natural
Heritage Trust Fund and the Division of Forest Resources,North
Carolina Forest Service, which grant designates a portion of the forest as
a North Carolina Nature Preserve. In addition, the Department may use the
forest for the demonstration of different forest management and resource
protection techniques for local landowners, natural resource professionals,
students, and other forest visitors."
SECTION 13. G.S. 106-903 reads as rewritten:
"§ 106-903. Overtime compensation for forest fire fighting.
The Department shall, within funds appropriated to the
Department, provide overtime compensation to the professional employees of the Division
of Forest ResourcesNorth Carolina Forest Service involved in
fighting forest fires."
SECTION 14. G.S. 106-955 reads as rewritten:
"§ 106-955. Definitions.
As used in this Article:
(1) "Fire
fighter" means an employee of the Division of Forest ResourcesNorth
Carolina Forest Service of the Department of Agriculture and Consumer
Services who engages in fire suppression duties.duties, or engages in
emergency response duties pursuant to G.S. 166A-19.77.
(2) "Fire
suppression duties" means involvement in on-site fire suppression,
participation in Project FireIncident Management Team while it is
mobilized, Operations Room duty during on-going fires or when required by high
readiness plans, mop-up activities to secure fire sites, scouting and detecting
forest fires, performance of standby duty, and any other activity that directly
contributes to the detection, response to, and control of fires."
SECTION 15. G.S. 106-956 reads as rewritten:
"§
106-956. Standby duty.On-call.
(a) Standby dutyOn-call
is time during which a fire fighter is required to remain within 25 miles of
his duty station and be available to return to the duty station on call.or
respond to an emergency within 30 minutes. The Department of Agriculture
and Consumer Services shall provide each fire fighter on standby dutyin
on-call status with an electronic paging communication device
that makes the wearer accessible to his duty station.
(b) Notwithstanding
subsection (a) of this section, for at least two out ofafter 14
consecutive days that a fire fighter is on duty, the Department of Agriculture
and Consumer Services shall permit the fire fighter to be more than 25 miles
from his duty stationoff duty for two days so long as the fire
fighter gives the Department of Agriculture and Consumer Services a telephone
numbermeans of contact where he the fire fighter can
be reached;reached. each month, the days the fire fighter is
permitted to be more than 25 miles from his duty station shall include one full
weekend. On the days the fire fighter is permitted to be more than 25
miles from his duty station,off duty, the Department of Agriculture
and Consumer Services may call himcontact the firefighter only
when there is a bona fide emergency."
SECTION 16. G.S. 106-966(1) reads as rewritten:
"(1) "Certified
prescribed burner" means an individual who has successfully completed a certification
program approved by the Division of Forest ResourcesNorth Carolina
Forest Service of the Department of Agriculture and Consumer
Services."
SECTION 17. G.S. 106-968 reads as rewritten:
"§ 106-968. Prescribed burning.
(a) Prior to conducting
a prescribed burning, the landowner shall obtain a prescription for the
prescribed burning prepared by a certified prescribed burner and filed with the
Division of Forest Resources,North Carolina Forest Service,
Department of Agriculture and Consumer Services. A copy of the prescription
shall be provided to the landowner. A copy of this prescription shall be in the
possession of the responsible burner on site throughout the duration of the
prescribed burning. The prescription shall include:
(1) The landowner's name and address.
(2) A description of the area to be burned.
(3) A map of the area to be burned.
(4) An estimate in tons of the fuel located on the area.
(5) The objectives of the prescribed burning.
(6) A list of the acceptable weather conditions and parameters for the prescribed burning sufficient to minimize the likelihood of smoke damage and fire escaping onto adjacent areas.
(7) The name of the certified prescribed burner responsible for conducting the prescribed burning.
(8) A summary of the methods that are adequate for the particular circumstances involved to be used to start, control, and extinguish the prescribed burning.
(9) Provision for reasonable notice of the prescribed burning to be provided to nearby homes and businesses to avoid effects on health and property.
…
(c) Prior to
conducting a prescribed burning, the landowner or the landowner's agent shall
obtain an open-burning permit under Article 78 of this Chapter from the Division
of Forest Resources,North Carolina Forest Service, Department of
Agriculture and Consumer Services. This open-burning permit must remain in
effect throughout the period of the prescribed burning. The prescribed burning
shall be conducted in compliance with all the following:
(1) The terms and conditions of the open-burning permit under Article 78 of this Chapter.
(2) The State's air pollution control statutes under Article 21 and Article 21B of Chapter 143 of the General Statutes and any rules adopted pursuant to these statutes.
(3) Any applicable local ordinances relating to open burning.
(4) The voluntary
smoke management guidelines adopted by the Division of Forest Resources,North
Carolina Forest Service, Department of Agriculture and Consumer Services.
(5) Any rules
adopted by the Division of Forest Resources,North Carolina Forest
Service, Department of Agriculture and Consumer Services, to implement this
Article."
SECTION 18. G.S. 106-969 reads as rewritten:
"§ 106-969. Adoption of rules.
The Division of Forest Resources,North Carolina
Forest Service, Department of Agriculture and Consumer Services, may adopt
rules that govern prescribed burning under this Article."
SECTION 19. G.S. 113-291.10(a)(3) reads as rewritten:
"(3) The Director Assistant
Commissioner of the Division of Forest Resources of the Department of
Agriculture and Consumer Services, or a designee;"
SECTION 20. G.S. 143-116.8 reads as rewritten:
"§ 143-116.8. Motor vehicle laws applicable to State parks and forests road system.
(a) Except as
otherwise provided in this section, all the provisions of Chapter 20 of the
General Statutes relating to the use of highways and public vehicular areas of
the State and the operation of vehicles thereon are made applicable to the
State parks and forests road system. For the purposes of this section, the term
"State parks and forests road system" shall mean the streets, alleys,
roads, public vehicular areas and driveways of the State parks, State forests,
State recreation areas, State lakes, and all other lands administered by the
Department of Environment and Natural Resources.Resources or
Department of Agriculture and Consumer Services. This term shall not be
construed, however, to include streets that are a part of the State highway
system. Any person violating any of the provisions of Chapter 20 hereby made
applicable in the State parks and forests road system shall, upon conviction,
be punished in accordance with Chapter 20. Nothing herein contained shall be
construed as in any way interfering with the ownership and control of the State
parks and forests road system by the Department of Environment and
Natural Resources.Resources and forests road system by the Department
of Agriculture and Consumer Services.
(b)
(1) It shall be unlawful for a person
to operate a vehicle in the State parks and forests road system at a
speed in excess of twenty-five miles per hour (25 mph). When the Secretary of
Environment and Natural Resources determines that this speed is greater than
reasonable and safe under the conditions found to exist in the State parks and
forests road system, the Secretary may establish a lower reasonable and
safe speed limit. No speed limit established by the Secretary pursuant to this
provision shall be effective until posted in the part of the system sought
to be affected.where the limit is intended to apply.
(1a) It shall be unlawful for a person to operate a vehicle in the State forest road system at a speed in excess of 25 miles per hour (25 mph). When the Commissioner of Agriculture determines that this speed is greater than reasonable and safe under the conditions found to exist in the State forests road system, the Commissioner may establish a lower reasonable and a safe speed limit. No speed limit established by the Commissioner pursuant to this provision shall be effective until posted in the part of the system where the limit is intended to apply.
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(4) The Secretary may designate any part of the State parks road system and the Commissioner may designate any part of the State forests road system for one-way traffic and shall erect appropriate signs giving notice thereof. It shall be a violation of G.S. 20-165.1 for any person to willfully drive or operate any vehicle on any part of the State parks and forests road system so designated except in the direction indicated.
(5) The Secretary
shall have power, equal to the power of local authorities under
G.S. 20-158 and G.S. 20-158.1, to place vehicle control signs and
signals and yield-right-of-way signs in the State parks and forests road
system; the Secretary also shall have power to post such other signs and
markers and mark the roads in accordance with Chapter 20 as the Secretary may
determine appropriate for highway safety and traffic control. The failure of
any vehicle driver to obey any vehicle control sign or signal, or any
yield-right-of-way sign placed under the authority of this section in the State
parks and forests road system shall be an infraction and shall be
punished as provided in G.S. 20-176.
(5a) The Commissioner shall have power, equal to the power of local authorities under G.S. 20-158 and G.S. 20-158.1, to place vehicle control signs and signals and yield right-of-way signs in the State forests road system; the Commissioner also shall have power to post such other signs and markers and mark the roads in accordance with Chapter 20 of the General Statutes as the Commissioner may determine appropriate for highway safety and traffic control. The failure of any vehicle driver to obey any vehicle control sign or signal, or any yield right-of-way sign placed under the authority of this section in the State forests road system, shall be an infraction and shall be punished as provided in G.S. 20-176.
(c) The Secretary
of Environment and Natural Resources may, by rule, regulate parking and
establish parking areas, and provide for the removal of illegally parked motor
vehicles on the State parks and forests road system. system, and the
Commissioner of Agriculture may, by rule, regulate and establish parking areas,
and provide for the removal of illegally parked motor vehicles on the State
forests road system. Any rule of the Secretary or the Commissioner
shall be consistent with the provisions of G.S. 20-161, 20-161.1, and
20-162. Any removal of illegally parked motor vehicles shall be in compliance
with Article 7A of Chapter 20.
(d) A violation of the rules issued by the Secretary of Environment and Natural Resources or the Commissioner of Agriculture under subsection (c) of this section is an infraction pursuant to G.S. 20-162.1, and shall be punished as therein provided. These rules may be enforced by the Commissioner of Motor Vehicles, the Highway Patrol, Forest Law Enforcement Officers, or other law enforcement officers of the State, counties, cities or other municipalities having authority under Chapter 20 to enforce laws or rules on travel or use or operation of vehicles or the use or protection of the highways of the State.
(e) The provisions of Chapter 20 are applicable at all times to the State parks and forests road system, including closing hours, regardless of the fact that during closing hours the State parks and forests road system is not open to the public as a matter of right."
SECTION 21. G.S. 143-166.2(d) reads as rewritten:
"(d) The term
"law-enforcement officer", "officer", or
"fireman" shall mean a sheriff and all law-enforcement officers
employed full-time, permanent part-time, or temporarily by a sheriff, the State
of North Carolina or any county or municipality thereof, whether paid or
unpaid; and all full-time custodial employees and probation and parole officers
of the Division of Adult Correction of the Department of Public Safety; and all
full time institutional and full-time, permanent part-time, and temporary
detention employees of the Division of Juvenile Justice of the Department of
Public Safety and full-time, permanent part-time, and temporary detention
officers employed by any sheriff, county or municipality, whether paid or
unpaid. The term "firemen" shall mean both "eligible
firemen" as defined in G.S. 58-86-25 and all full-time, permanent
part-time and temporary employees of the Division of Forest Resources,North
Carolina Forest Service, Department of Agriculture and Consumer Services,
during the time they are actively engaged in fire-fighting activities; or
engaged in emergency response activities pursuant to G.S. 155A-19.77; and
shall mean all full-time employees of the North Carolina Department of
Insurance during the time they are actively engaged in fire-fighting
activities, during the time they are training fire fighters or rescue squad
workers, and during the time they are engaged in activities as members of the
State Emergency Response Team, when the Team has been activated; and shall mean
all otherwise eligible persons who, while actively engaged as firefighters or
rescue squad workers, are acting in the capacity of a fire or rescue instructor
outside their own department or squad. The term "rescue squad worker"
shall mean a person who is dedicated to the purpose of alleviating human
suffering and assisting anyone who is in difficulty or who is injured or becomes
suddenly ill by providing the proper and efficient care or emergency medical
services. In addition, this person must belong to an organized rescue squad
which is eligible for membership in the North Carolina Association of Rescue
Squads, Inc., and the person must have attended a minimum of 36 hours of
training and meetings in the last calendar year. Each rescue squad belonging to
the North Carolina Association of Rescue Squads, Inc., must file a roster of
those members meeting the above requirements with the State Treasurer on or
about January 1 of each year, and this roster must be certified to by the
secretary of said association. In addition, the term "rescue squad
worker" shall mean a member of an ambulance service certified by the
Department of Health and Human Services pursuant to Article 7 of Chapter 131E
of the General Statutes. The Department of Health and Human Services shall
furnish a list of ambulance service members to the State Treasurer on or about
January 1 of each year. The term "Civil Air Patrol members" shall
mean those senior members of the North Carolina Wing-Civil Air Patrol 18 years
of age or older and currently certified pursuant to G.S. 143B-1031. The
term "fireman" shall also mean county fire marshals when engaged in
the performance of their county duties. The term "rescue squad
worker" shall also mean county emergency services coordinators when
engaged in the performance of their county duties."
SECTION 22. G.S. 143-166.7 reads as rewritten:
"§ 143-166.7. Applicability of Article.
The provisions of this Article shall apply and be in full
force and effect with respect to any law-enforcement officer, fireman, rescue
squad worker or senior Civil Air Patrol member killed in the line of duty on or
after May 13, 1975. The provisions of this Article shall apply with respect to
full-time, permanent part-time and temporary employees of [the] Division of
Forest Resources,North Carolina Forest Service, Department of
Agriculture and Consumer Services, killed in [the] line of duty on or after
July 1, 1975. The provisions of this Article shall apply to county fire
marshals and emergency services coordinators killed in the line of duty on and
after July 1, 1988."
SECTION 23. G.S. 143-214.25A(a) reads as rewritten:
"(a) The Division of
Water Quality of the Department shall develop a program to train and certify
individuals to determine the presence of surface waters that would require the
application of rules adopted by the Commission for the protection of riparian
buffers. The Division may train and certify employees of the Division as
determined by the Director of the Division of Water Quality; employees of units
of local government to whom responsibility for the implementation and
enforcement of the riparian buffer protection rules is delegated pursuant to
G.S. 143-214.23; and Registered Foresters under Chapter 89B of the General
Statutes who are employees of the Division of Forest ResourcesNorth
Carolina Forest Service of the Department of Agriculture and Consumer
Services as determined by the Director of the Division of Forest Resources.North
Carolina Forest Service. The Director of the Division of Water Quality may
review the determinations made by individuals who are certified pursuant to
this section, may override a determination made by an individual certified
under this section, and, if the Director of the Division of Water Quality
determines that an individual is failing to make correct determinations, revoke
the certification of that individual."
SECTION 24. G.S. 143A-65.l reads as rewritten:
"§
143A-65.1. Division of Forest Resources.North Carolina Forest
Service.
The Department of Agriculture and Consumer Services shall have charge of the work of forest maintenance, forest fire prevention, reforestation, and the protection of lands and water supplies by the preservation of forests; it shall also have the care of State forests and State recreational forests."
SECTION 25. This act becomes effective July 1, 2013.