GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1154

Short Title:  Pine Straw Larceny/Regulation.	(Public)
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Sponsors: Representatives Lee; DeVane and Hightower.
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Referred to:  Judiciary III.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THAT THE THEFT OF PINE STRAW CONSTITUTES LARCENY AND TO CREATE A NEW ARTICLE REGULATING THE COLLECTION OR DISTRIBUTION OF PINE STRAW.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-80 reads as rewritten:
"§ 14-80. Larceny of wood and other property from land.
If any person not being the present owner or bona fide claimant thereof, shall willfully and unlawfully enter upon the lands of another, carrying off or being engaged in carrying off any wood, pine straw, or other kind of property whatsoever, growing or being thereon, the same being the property of the owner of the premises, or under his control, keeping or care, such person shall, if the act be done with felonious intent, be guilty of larceny, and punished as for that offense; and if not done with such intent, he shall be guilty of a misdemeanor."
Sec. 2.  Chapter 106 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 31D.
"Pine Straw.
"§ 106-284.50. Title.
This Article shall be known as the 'Pine Straw Act.'
"§ 106-284.51. Purpose of Article.
The purpose of this Article is to regulate the collection and distribution of pine straw in this State, to protect the owners of private property from the removal of pine straw from their property without their consent, and to protect purchasers from buying illegally obtained pine straw.
"§ 106-284.52. Definitions.
The following definitions apply in this Article:
(1)	Person. Any individual, partnership, corporation, company, society, or association.
(2)	Pine straw. The needles from all trees generally known as pine trees in this State that are collected for reuse for any purpose, including placement around other trees or plants or as a ground covering material.
(3)	Pine straw dealer. A person who buys, sells, or offers for sale any pine straw, including the owner of property where pine straw naturally accumulates.
"§ 106-284.53.  Records.
Every person transporting, delivering for transportation, selling, or offering for sale pine straw in an amount in excess of 20 pounds shall keep for a period of two years a complete record of the distribution of the pine straw, including invoices showing the origin of the pine straw.  These records shall be made available for inspection by the Commissioner in connection with the administration of this Article at any time during customary business hours.
"§ 106-284.54.  Registration of dealers.
The Commissioner shall require every pine straw dealer selling or offering for sale in this State or exporting from this State any pine straw to register with the Commissioner.
"§ 106-284.55.  Prohibitions.
It shall be unlawful:
(1)	For any person to sell or offer for sale within this State any pine straw unless that person has registered as a dealer in accordance with G.S. 106-284.54.
(2)	To hinder or obstruct in any manner an authorized agent of the Commissioner in the performance of his lawful duties.
(3)	To fail to keep the records required by G.S. 106-284.53.
"§ 106-284.56.  Administration.
The duty of enforcing this Article and its rules and of carrying out its provisions and requirements shall be vested in the Commissioner.
"§ 106-284.57.  Rules and standards.
The Commissioner of Agriculture, jointly with the Board of Agriculture, after public hearing immediately following 10 days' public notice may adopt such rules and standards that they find advisable or necessary to carry out and enforce the provisions of this Article, which shall have the force and effect of law.
"§ 106-284.58.  Penalty for violations.
Any person violating any provision of this Article or any rule adopted pursuant to this Article shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000)."
Sec. 3.  This act shall become effective October 1, 1993, and shall apply to offenses occurring on or after that date.