North Carolina § 106-920 - Purpose and intent.

§ 106-920. Purpose and intent.

The purpose of this Article is to place within the Department of Agriculture and Consumer Services the authority and responsibility for investigating insect infestations and disease infections which affect stands of forest trees, the devising of control measures for interested landowners and others, and taking measures to control, suppress, or eradicate outbreaks of forest insect pests and tree diseases. In this Article, unless the context requires otherwise, the expression "Department" means the Department of Agriculture and Consumer Services, and "Commissioner" means the Commissioner of Agriculture. History (1953, c. 910; 1969, c. 342, s. 3; 1973, c. 1262, ss. 28, 86; 1977, c. 771, s. 4; 1989, c. 727, s. 72; 1997-443, s. 11A.119(a); 2011-145, s. 13.25(r), (s).) Transfer of Division of Forest Resources. - Session Laws 2011-145, s. 13.25(a), provides: "(a) The Division of Forest Resources is transferred from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services with all the elements of a Type I transfer, as defined by G.S. 143A-6 ." Session Laws 2011-145, s. 13.25(yy), provides: "The transfers under this section become effective July 1, 2011, and funds transferred shall be net of any changes enacted by this section." Session Laws 2011-145, s. 13.25(zz), provides: "Any references in this act to the Division of Forest Resources of the Department of Environment and Natural Resources shall be construed to refer to the Division of Forest Resources of the Department of Agriculture and Consumer Services. Any references in this act to the Forestry Council of the Department of Environment and Natural Resources shall be construed to refer to the Forestry Council of the Department of Agriculture and Consumer Services." Editor's Note. - This Article is former Article 4A of Chapter 113 , as recodified by Session Laws 2011-145, s. 13.25(r), effective July 1, 2011. The historical citations to the sections in the former Article have been added to the corresponding sections in this Article as recodified. Session Laws 2011-145, ss. 13.22A(x) and 13.25(r) each added new Articles designated as Article 73 to Chapter 106 . At the direction of the Revisor of Statutes, the new Article added by Session Laws 2011-145, s. 13.25(r), has been redesignated as Article 76, and the sections therein renumbered as G.S. 106-920 through G.S. 106-926 . This section was formerly codified as G.S. 113-60.4 . It was recodified as G.S. 106-880 by Session Laws 2011-145, s. 13.25(r), effective July 1, 2011, and renumbered as G.S. 106-920 at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5 is a severability clause. Effect of Amendments. - Session Laws 2011-145, s. 13.25(s), effective July 1, 2011, in subsections (a) and (b), substituted "Department of Agriculture and Consumer Services" for "Department of Environment and Natural Resources"; and in subsection (b), substituted "Commissioner of Agriculture" for "Secretary of Environment and Natural Resources." Legal Periodicals. - For article, "The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation," see 29 Campbell L. Rev. 535 (2007).