North Carolina 2025-2026 Regular Session

North Carolina House Bill H450 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 450
	3	+	H D
	4	+	HOUSE BILL DRH40145-ML-12
	5	+
5	6
6	7
7	8		Short Title: Private Property Rights Act. (Public)
8		-	Sponsors: Representatives Chesser, Miller, Pyrtle, and Huneycutt (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Judiciary 2, if favorable, Wildlife Resources, if favorable, Rules, Calendar, and
11		-	Operations of the House
12		-	March 20, 2025
13		-	H450 -v-1
	9	+	Sponsors: Representative Chesser.
	10	+	Referred to:
	11	+
	12	+	DRH40145 -ML-12
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT TO PROHIBIT A PRIVATE DETECTIVE OR PRIVATE INVESTIGATOR FROM 2
16	15		INSTALLING AND USING AN ELECTRONIC TRACKING DEVICE WITHOUT FIRST 3
17	16		OBTAINING A SEARCH WARRANT OR OTHER JUDICIAL ORDER AUTHORIZING 4
18	17		THE INSTALLATION AND USE; AND TO REQUIRE THAT WILDLIFE PROTECTORS 5
19	18		OBTAIN A SEARCH WARRANT OR OTHER SIMILAR ORDER BEFORE 6
20	19		CONDUCTING INSPECTIONS OR INVESTIGATIONS ON OR IN CERTAIN PRIVATE 7
21	20		PROPERTY. 8
22	21		The General Assembly of North Carolina enacts: 9
23	22		SECTION 1. G.S. 14-196.3(b)(5)k. is repealed. 10
24	23		SECTION 2.(a) G.S. 113-136 reads as rewritten: 11
25	24		"§ 113-136. Enforcement authority of inspectors and protectors; refusal to obey or allow 12
26	25		inspection by inspectors and protectors. 13
27	26		… 14
28	27		(c) The jurisdiction of protectors extends to all matters within the jurisdiction of the 15
29	28		Wildlife Resources Commission, whether set out in this Chapter, Chapter 75A, Chapter 143, 16
30	29		Chapter 143B, or elsewhere. The Wildlife Resources Commission is specifically granted 17
31	30		jurisdiction over all aspects of: 18
32	31		(1) Boating and water safety; 19
33	32		(2) Hunting and trapping; 20
34	33		(3) Fishing, exclusive of fishing under the jurisdiction of the Marine Fisheries 21
35	34		Commission; and 22
36	35		(4) Activities in woodlands and on inland waters governed by G.S. 106-908 to 23
37	36		G.S. 106-910. 24
38	37		In addition, protectors have jurisdiction over all offenses involving property of or leased by the 25
39	38		Wildlife Resources Commission or occurring on wildlife refuges, game lands, or boating and 26
40	39		fishing access areas managed by the Wildlife Resources Commission. The authority of protectors 27
41	40		over offenses on public hunting grounds is governed by the jurisdiction granted the Commission 28
42	41		in G.S. 113-264(c). 29
43	42		… 30
44	43		(l) Nothing in this section authorizes searches within the curtilage of a dwelling or of the 31
45	44		living quarters of a vessel without a search warrant or other judicial order authorizing the search 32
46	45		or in contravention of constitutional prohibitions against unreasonable searches and seizures." 33
47		-	SECTION 2.(b) G.S. 113-302.1 reads as rewritten: 34 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 450-First Edition
49		-	"§ 113-302.1. Inspection of licensed or commercial premises; authority to secure inspection 1
50		-	warrants. 2
51		-	(a) Protectors are authorized to enter and make a reasonable inspection at an appropriate 3
52		-	time of day of any premises in which a person subject to administrative control under 4
53		-	G.S. 113-276.2 conducts his operations to determine whether any wildlife on the premises is 5
54		-	possessed in accordance with applicable laws and rules, required records are being kept, and 6
55		-	other legal requirements are being observed. It is an appropriate time of day for inspection if the 7
56		-	establishment is open for business or if a proprietor or employee is on the premises. 8
57		-	(b) In cases not controlled by subsection (a), protectors who believe that wildlife may be 9
58		-	on the premises of any public refrigeration storage plant, meat shop, store, produce market, hotel, 10
59		-	restaurant, or other public food-storage or eating place may request permission to enter the 11
60		-	nonpublic areas of the premises to make a reasonable inspection to determine whether any 12
61		-	wildlife on the premises is possessed in accordance with applicable laws and rules. If the person 13
62		-	in charge of the premises refuses the inspection request of a protector, he the protector is 14
63		-	authorized to procure and execute an administrative search warrant issued under the terms of 15
64		-	Article 4A of Chapter 15 of the General Statutes or under any successor legislation. 16
65		-	(c) In cases controlled by subsection (a), an administrative search warrant may be secured 17
66		-	in the protector's discretion or if case law requires it. issued under the terms of Article 4A of 18
67		-	Chapter 15 of the General Statutes shall be secured. Nothing in this section is intended to prevent 19
68		-	a lawful search of premises, with or without a search warrant under Chapter 15A of the General 20
69		-	Statutes, when the circumstances so justify." 21
70		-	SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 22
71		-	committed on or after that date. 23
	46	+	SECTION 2.(b) G.S. 113-302.1 reads as rewritten: 34
	47	+	"§ 113-302.1. Inspection of licensed or commercial premises; authority to secure inspection 35
	48	+	warrants. 36
	49	+	H.B. 450
	50	+	Mar 18, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH40145-ML-12
	53	+	(a) Protectors are authorized to enter and make a reasonable inspection at an appropriate 1
	54	+	time of day of any premises in which a person subject to administrative control under 2
	55	+	G.S. 113-276.2 conducts his operations to determine whether any wildlife on the premises is 3
	56	+	possessed in accordance with applicable laws and rules, required records are being kept, and 4
	57	+	other legal requirements are being observed. It is an appropriate time of day for inspection if the 5
	58	+	establishment is open for business or if a proprietor or employee is on the premises. 6
	59	+	(b) In cases not controlled by subsection (a), protectors who believe that wildlife may be 7
	60	+	on the premises of any public refrigeration storage plant, meat shop, store, produce market, hotel, 8
	61	+	restaurant, or other public food-storage or eating place may request permission to enter the 9
	62	+	nonpublic areas of the premises to make a reasonable inspection to determine whether any 10
	63	+	wildlife on the premises is possessed in accordance with applicable laws and rules. If the person 11
	64	+	in charge of the premises refuses the inspection request of a protector, he the protector is 12
	65	+	authorized to procure and execute an administrative search warrant issued under the terms of 13
	66	+	Article 4A of Chapter 15 of the General Statutes or under any successor legislation. 14
	67	+	(c) In cases controlled by subsection (a), an administrative search warrant may be secured 15
	68	+	in the protector's discretion or if case law requires it. issued under the terms of Article 4A of 16
	69	+	Chapter 15 of the General Statutes shall be secured. Nothing in this section is intended to prevent 17
	70	+	a lawful search of premises, with or without a search warrant under Chapter 15A of the General 18
	71	+	Statutes, when the circumstances so justify." 19
	72	+	SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 20
	73	+	committed on or after that date. 21