North Carolina 2025-2026 Regular Session

North Carolina House Bill H382 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 382
3+H D
4+HOUSE BILL DRH40204-MH-42
5+
56
67
78 Short Title: Elk Permit Auction/Raffle. (Public)
8-Sponsors: Representatives Huneycutt, Bell, Gillespie, and Turner (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Wildlife Resources, if favorable, Rules, Calendar, and Operations of the House
11-March 13, 2025
12-*H382 -v-1*
9+Sponsors: Representative Huneycutt.
10+Referred to:
11+
12+*DRH40204 -MH-42*
1313 A BILL TO BE ENTITLED 1
1414 AN ACT TO ALLOW THE WILDLIFE RESOURCES COMMISSION TO ISSUE ELK 2
1515 PERMITS BY RAFFLE AND AUCTION. 3
1616 The General Assembly of North Carolina enacts: 4
1717 SECTION 1.(a) Directive to Commission. – The Wildlife Resources Commission 5
1818 shall issue one resident Elk Permit by raffle and one Elk Permit by auction as provided in this 6
1919 section. These permits shall be issued for the 2026 hunting season, pursuant to rules adopted by 7
2020 the Commission. Any elk taken shall be reported and presented to Commission staff pursuant to 8
2121 the conditions of the permit issued. An Elk Permit obtained by raffle or auction is nontransferable 9
2222 and may not be resold or reassigned. 10
2323 SECTION 1.(b) Raffle. – The Commission shall conduct a raffle for one resident 11
2424 Elk Permit. Raffle tickets will be twenty dollars ($20.00) per ticket or a maximum of 30 raffle 12
2525 tickets for five hundred dollars ($500.00). Purchasers of raffle tickets must either have a valid 13
2626 North Carolina hunting license or be licensed exempt as provided in G.S. 113-276 at the time of 14
2727 purchase. The Commission may retain from the proceeds of the raffle the actual costs of 15
2828 administering the raffle for a resident Elk Permit, not to exceed twenty-five thousand dollars 16
2929 ($25,000). The Commission shall deposit the remaining proceeds from the raffle in the Wildlife 17
3030 Resources Fund created under G.S. 143-250 to be used for the conservation and management of 18
3131 elk. 19
3232 SECTION 1.(c) Auction. – Notwithstanding Article 3 of Chapter 143 of the General 20
3333 Statutes or any other provision of law pertaining to public contracting, the Commission shall 21
3434 select one nonprofit wildlife conservation organization to conduct an auction for one Elk Permit. 22
3535 The nonprofit wildlife conservation organization selected by the Commission pursuant to this 23
3636 section must have been involved in the reintroduction of elk into North Carolina. The nonprofit 24
3737 wildlife conservation organization shall retain no more than twenty-five percent (25%) of the 25
3838 proceeds of the auction for an Elk Permit. The Commission shall deposit the remaining proceeds 26
3939 from the auction in the Wildlife Resources Fund created under G.S. 143-250 to be used for the 27
4040 conservation and management of elk. 28
4141 SECTION 1.(d) Continuing Authority. – For hunting seasons after the 2026 hunting 29
4242 season, the Commission, based on its evaluation of its elk management goals, may raffle off one 30
4343 or more Elk Permits and select one nonprofit wildlife conservation organization to conduct an 31
4444 auction for one Elk Permit in the manner described in subsections (b) and (c) of this section. The 32
4545 following restrictions apply to those future hunting season activities: 33
4646 (1) The Commission must conduct an Elk Permit raffle for one or more Elk 34
47-Permits if it conducts an Elk Permit auction. 35 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 382-First Edition
47+Permits if it conducts an Elk Permit auction. 35
48+H.B. 382
49+Mar 12, 2025
50+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
51+Page 2 DRH40204-MH-42
4952 (2) The Commission shall reserve fifty percent (50%) of all Elk Permits made 1
5053 available via raffle for residents of the State of North Carolina. 2
5154 SECTION 1.(e) Funds Supplemental. – It is the intent of the General Assembly that 3
5255 receipts generated by the activities authorized by this act supplement, rather than replace, other 4
5356 funds budgeted for management of elk. 5
5457 SECTION 1.(f) Report. – No later than March 1, 2027, and every year thereafter in 6
5558 which the Commission conducts Elk Permit raffles and auctions, the Commission shall submit 7
5659 to the House Wildlife Resources Committee; the Senate Agriculture, Energy, and Environment 8
5760 Committee; and the Fiscal Research Division a report on the effectiveness of the auction and 9
5861 raffle programs, including the amount of money raised, recommendations as to whether to 10
5962 continue the programs, and, if so, legislative recommendations to improve the programs. 11
6063 SECTION 2. Conforming Change. – G.S. 113-129(7c) reads as rewritten: 12
6164 "(7c) Game Animals. – Bear, elk, fox, rabbit, squirrel, white-tailed deer, and, except 13
6265 when trapped in accordance with provisions relating to fur-bearing animals, 14
6366 bobcat, opossum, and raccoon." 15
6467 SECTION 3. Conforming Change. – G.S. 113-291.8 reads as rewritten: 16
6568 "§ 113-291.8. Requirement to display hunter orange. 17
6669 (a) Any person hunting game animals other than foxes, bobcats, raccoons, and opossum, 18
6770 or hunting upland game birds other than wild turkeys, or hunting feral swine, with the use of 19
6871 firearms, must wear a cap or hat on his head made of hunter orange material or an outer garment 20
6972 of hunter orange visible from all sides. Any person hunting deer during a deer firearms season or 21
7073 elk during an open elk season shall wear hunter orange. orange in a manner that is visible from 22
7174 all directions. Hunter orange material is a material that is a daylight fluorescent orange color. 23
7275 This section does not apply to a landholder, his spouse, or children, who are hunting on land 24
7376 held by the landholder. This subsection shall be enforced by warning ticket only until October 1, 25
7477 1992, with respect to those hunting rabbit, squirrel, grouse, pheasant, and quail. 26
7578 (b) Any person violating this section during the 1987 big game hunting season shall be 27
7679 given a warning of violation only. Thereafter, any Any person violating this section has 28
7780 committed an infraction and shall pay a fine of twenty-five dollars ($25.00). An infraction is an 29
7881 unlawful act that is not a crime. The procedure for charging and trying an infraction is the same 30
7982 as for a misdemeanor, but conviction of an infraction has no consequence other than payment of 31
8083 a fine. A person convicted of an infraction may not be assessed court costs. 32
8184 Wildlife Enforcement Officers are authorized to charge persons with the infraction created 33
8285 by this section. 34
8386 (c) Failure to wear hunter orange material in violation of this section shall not constitute 35
8487 negligence per se or contributory negligence per se." 36
8588 SECTION 4. Effective Date. – This act is effective when it becomes law. 37