13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT TO ALLOW THE WILDLIFE RESOURCES COMMISSION TO ISSUE ELK 2 |
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15 | 15 | | PERMITS BY RAFFLE AND AUCTION. 3 |
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16 | 16 | | The General Assembly of North Carolina enacts: 4 |
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17 | 17 | | SECTION 1.(a) Directive to Commission. – The Wildlife Resources Commission 5 |
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18 | 18 | | shall issue one resident Elk Permit by raffle and one Elk Permit by auction as provided in this 6 |
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19 | 19 | | section. These permits shall be issued for the 2026 hunting season, pursuant to rules adopted by 7 |
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20 | 20 | | the Commission. Any elk taken shall be reported and presented to Commission staff pursuant to 8 |
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21 | 21 | | the conditions of the permit issued. An Elk Permit obtained by raffle or auction is nontransferable 9 |
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22 | 22 | | and may not be resold or reassigned. 10 |
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23 | 23 | | SECTION 1.(b) Raffle. – The Commission shall conduct a raffle for one resident 11 |
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24 | 24 | | Elk Permit. Raffle tickets will be twenty dollars ($20.00) per ticket or a maximum of 30 raffle 12 |
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25 | 25 | | tickets for five hundred dollars ($500.00). Purchasers of raffle tickets must either have a valid 13 |
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26 | 26 | | North Carolina hunting license or be licensed exempt as provided in G.S. 113-276 at the time of 14 |
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27 | 27 | | purchase. The Commission may retain from the proceeds of the raffle the actual costs of 15 |
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28 | 28 | | administering the raffle for a resident Elk Permit, not to exceed twenty-five thousand dollars 16 |
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29 | 29 | | ($25,000). The Commission shall deposit the remaining proceeds from the raffle in the Wildlife 17 |
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30 | 30 | | Resources Fund created under G.S. 143-250 to be used for the conservation and management of 18 |
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31 | 31 | | elk. 19 |
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32 | 32 | | SECTION 1.(c) Auction. – Notwithstanding Article 3 of Chapter 143 of the General 20 |
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33 | 33 | | Statutes or any other provision of law pertaining to public contracting, the Commission shall 21 |
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34 | 34 | | select one nonprofit wildlife conservation organization to conduct an auction for one Elk Permit. 22 |
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35 | 35 | | The nonprofit wildlife conservation organization selected by the Commission pursuant to this 23 |
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36 | 36 | | section must have been involved in the reintroduction of elk into North Carolina. The nonprofit 24 |
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37 | 37 | | wildlife conservation organization shall retain no more than twenty-five percent (25%) of the 25 |
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38 | 38 | | proceeds of the auction for an Elk Permit. The Commission shall deposit the remaining proceeds 26 |
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39 | 39 | | from the auction in the Wildlife Resources Fund created under G.S. 143-250 to be used for the 27 |
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40 | 40 | | conservation and management of elk. 28 |
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41 | 41 | | SECTION 1.(d) Continuing Authority. – For hunting seasons after the 2026 hunting 29 |
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42 | 42 | | season, the Commission, based on its evaluation of its elk management goals, may raffle off one 30 |
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43 | 43 | | or more Elk Permits and select one nonprofit wildlife conservation organization to conduct an 31 |
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44 | 44 | | auction for one Elk Permit in the manner described in subsections (b) and (c) of this section. The 32 |
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45 | 45 | | following restrictions apply to those future hunting season activities: 33 |
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46 | 46 | | (1) The Commission must conduct an Elk Permit raffle for one or more Elk 34 |
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49 | 52 | | (2) The Commission shall reserve fifty percent (50%) of all Elk Permits made 1 |
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50 | 53 | | available via raffle for residents of the State of North Carolina. 2 |
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51 | 54 | | SECTION 1.(e) Funds Supplemental. – It is the intent of the General Assembly that 3 |
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52 | 55 | | receipts generated by the activities authorized by this act supplement, rather than replace, other 4 |
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53 | 56 | | funds budgeted for management of elk. 5 |
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54 | 57 | | SECTION 1.(f) Report. – No later than March 1, 2027, and every year thereafter in 6 |
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55 | 58 | | which the Commission conducts Elk Permit raffles and auctions, the Commission shall submit 7 |
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56 | 59 | | to the House Wildlife Resources Committee; the Senate Agriculture, Energy, and Environment 8 |
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57 | 60 | | Committee; and the Fiscal Research Division a report on the effectiveness of the auction and 9 |
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58 | 61 | | raffle programs, including the amount of money raised, recommendations as to whether to 10 |
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59 | 62 | | continue the programs, and, if so, legislative recommendations to improve the programs. 11 |
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60 | 63 | | SECTION 2. Conforming Change. – G.S. 113-129(7c) reads as rewritten: 12 |
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61 | 64 | | "(7c) Game Animals. – Bear, elk, fox, rabbit, squirrel, white-tailed deer, and, except 13 |
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62 | 65 | | when trapped in accordance with provisions relating to fur-bearing animals, 14 |
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63 | 66 | | bobcat, opossum, and raccoon." 15 |
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64 | 67 | | SECTION 3. Conforming Change. – G.S. 113-291.8 reads as rewritten: 16 |
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65 | 68 | | "§ 113-291.8. Requirement to display hunter orange. 17 |
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66 | 69 | | (a) Any person hunting game animals other than foxes, bobcats, raccoons, and opossum, 18 |
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67 | 70 | | or hunting upland game birds other than wild turkeys, or hunting feral swine, with the use of 19 |
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68 | 71 | | firearms, must wear a cap or hat on his head made of hunter orange material or an outer garment 20 |
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69 | 72 | | of hunter orange visible from all sides. Any person hunting deer during a deer firearms season or 21 |
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70 | 73 | | elk during an open elk season shall wear hunter orange. orange in a manner that is visible from 22 |
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71 | 74 | | all directions. Hunter orange material is a material that is a daylight fluorescent orange color. 23 |
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72 | 75 | | This section does not apply to a landholder, his spouse, or children, who are hunting on land 24 |
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73 | 76 | | held by the landholder. This subsection shall be enforced by warning ticket only until October 1, 25 |
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74 | 77 | | 1992, with respect to those hunting rabbit, squirrel, grouse, pheasant, and quail. 26 |
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75 | 78 | | (b) Any person violating this section during the 1987 big game hunting season shall be 27 |
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76 | 79 | | given a warning of violation only. Thereafter, any Any person violating this section has 28 |
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77 | 80 | | committed an infraction and shall pay a fine of twenty-five dollars ($25.00). An infraction is an 29 |
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78 | 81 | | unlawful act that is not a crime. The procedure for charging and trying an infraction is the same 30 |
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79 | 82 | | as for a misdemeanor, but conviction of an infraction has no consequence other than payment of 31 |
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80 | 83 | | a fine. A person convicted of an infraction may not be assessed court costs. 32 |
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81 | 84 | | Wildlife Enforcement Officers are authorized to charge persons with the infraction created 33 |
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82 | 85 | | by this section. 34 |
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83 | 86 | | (c) Failure to wear hunter orange material in violation of this section shall not constitute 35 |
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84 | 87 | | negligence per se or contributory negligence per se." 36 |
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85 | 88 | | SECTION 4. Effective Date. – This act is effective when it becomes law. 37 |
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