North Carolina § 113-270 - 1. License agents.

§ 113-270. 1. License agents.

The Wildlife Resources Commission may by rule provide for the appointment of persons as license agents to sell licenses and permits that the Commission is authorized to issue by this Subchapter or by any other provisions of law. To facilitate the convenience of the public, the efficiency of administration, the need to keep statistics and records affecting the conservation of wildlife resources, boating, water safety, and other matters within the jurisdiction of the Wildlife Resources Commission, and the need to issue licenses and permits containing special restrictions, the Wildlife Resources Commission may issue licenses and permits in any particular category through: License agents. The Wildlife Resources Commission's headquarters. Employees of the Wildlife Resources Commission. Two or more such sources simultaneously. When there are substantial reasons for differing treatment, the Wildlife Resources Commission may issue a type of license or permit by one method in one locality and by another method in another locality. License agents may charge a fee of two dollars ($2.00) per transaction for licenses or permits issued. When licenses or permits are to be issued by license agents as provided by subsection (a) of this section, the Wildlife Resources Commission may adopt rules to provide for any of the following: Qualifications of the license agents. Duties of the license agents. Methods and procedures to ensure accountability and security for proceeds and unissued licenses and permits. Types and amounts of evidence that a license agent must submit to relieve the agent of responsibility for losses due to occurrences beyond the control of the agent. Any other reasonable requirement or condition that the Wildlife Resources Commission deems necessary to expedite and control the issuance of licenses and permits by license agents. The Wildlife Resources Commission may adopt rules to authorize the Executive Director to take any of the following actions related to license agents: Select and appoint license agents in areas most convenient for the sale of licenses and permits. Limit the number of license agents in an area if necessary for efficiency of operation. Require prompt and accurate reporting and remittance of public funds or documents by license agents. Conduct periodic and special audits of accounts. Suspend or terminate the authorization of any license agent found to be noncompliant with rules adopted by the Wildlife Resources Commission or when State funds or property are reasonably believed to be in jeopardy. Require the immediate surrender of all equipment, forms, licenses, permits, records, and State funds and property, issued by or belonging to the Wildlife Resources Commission, in the event of the termination of a license agent. The Wildlife Resources Commission is exempt from the contested case provisions of Chapter 150B of the General Statutes with respect to determinations of whether to authorize or terminate the authority of a person to sell licenses and permits as a license agent of the Wildlife Resources Commission. If any check or bank account draft of any license agent for the issuance of licenses or permits shall be returned by the banking facility upon which the same is drawn for lack of funds, the license agent shall be liable to the Commission for a penalty of five percent (5%) of the amount of the check or bank account draft, but in no event shall the penalty be less than five dollars ($5.00) or more than two hundred dollars ($200.00). License agents shall be assessed a penalty of twenty-five percent (25%) of their issuing fee on all remittances to the Commission after the fifteenth day of the month immediately following the month of sale. Repealed by Session Laws 2005-455, s. 3.2. See notes for contingent effective date. It is a Class 1 misdemeanor for a license agent to do any of the following: Withhold or misappropriate funds from the sale of licenses or permits. Falsify records of licenses or permits sold. Willfully and knowingly assist or allow a person to obtain a license or permit for which the person is ineligible. Willfully issue a backdated license or permit. Willfully include false information or omit material information on records, licenses, or permits regarding either: A person's entitlement to a particular license or permit. The applicability or term of a particular license or permit. Charge or accept any additional fee, remuneration, or other item of value in association with any activity set out in subdivisions (1) through (5) of this subsection. through (j) Repealed by Session Laws 2005-455, s. 3.2. See notes for contingent effective date. History (1961, c. 352, ss. 4, 9; 1979, c. 830, s. 1; 1985, c. 791, s. 34; 1987, c. 827, s. 98; 1993, c. 539, ss. 852, 853; 1994, Ex. Sess., c. 24, s. 14(c); 2005-455, s. 3.2; 2013-283, s. 15.) Editor's Note. - Session Laws 2005-455, s. 3.1(a) and (b), expiring on the date that all rules adopted by the Wildlife Resources Commission pursuant to Section 3.1 become effective, provided: "(a) The Wildlife Resources Commission shall adopt rules to provide for the following: "(1) Qualifications of license agents. "(2) Duties of license agents. "(3) Methods and procedures to ensure accountability and security for proceeds and unissued licenses and permits. "(4) Types and amounts of evidence that a license agent must submit to relieve the agent of responsibility for losses due to occurrences beyond the control of the agent. "(5) Any other reasonable requirement or condition that the Wildlife Resources Commission deems necessary to expedite and control the issuance of licenses and permits by license agents. "(b) The Wildlife Resources Commission shall adopt rules to authorize the Executive Director to take the following actions related to license agents: "(1) Select and appoint license agents in areas most convenient for the sale of licenses and permits. "(2) Limit the number of license agents in an area if necessary for efficiency of operation. "(3) Require prompt and accurate reporting and remittance of public funds or documents by license agents. "(4) Conduct periodic and special audits of accounts. "(5) Suspend or terminate the authorization of any license agent found to be noncompliant with rules adopted by the Wildlife Resources Commission or when State funds or property are reasonably believed to be in jeopardy. "(6) Require the immediate surrender of all equipment, forms, licenses, permits, records, and State funds and property, issued by or belonging to the Wildlife Resources Commission, in the event of the termination of a license agent." Session Laws 2005-455, s. 4.2, is a severability clause. Session Laws 2005-455, s. 4.3, provided, in part, that the amendments to this section by Session Laws 2005-455, s. 3.2, became effective on the date that all rules adopted by the Wildlife Resources Commission pursuant to s. 3.1 of the act became effective, except that G.S. 113-270.1(b3) and (b4) became effective January 1, 2006. Section 4.3 further provided that the Chair of the Wildlife Resources Commission was to notify the Revisor of Statutes when all rules adopted pursuant to s. 3.1 became effective. The Revisor of Statutes is informed that all rules have been adopted and became effective in May 2007. Session Laws 2009-89, s. 3(a) and (b), provides: "(a) The Department of Agriculture and Consumer Services, in consultation with the Wildlife Resources Commission, the United States Department of Agriculture's Animal and Plant Health Inspection Services, and a cross section of interested agricultural organizations, shall study issues related to the importation of feral swine in North Carolina, including the associated risks and potential economic impact of that importation. In the course of its study, the Department may consider population estimates, disease risks, and efforts that could be undertaken to mitigate any risks posed by feral swine to the ecosystem or the agricultural industry of the State, including an examination of enforcement issues and existing penalties for the illegal transportation of feral swine into and around the State. In conducting its study, the Department shall solicit input from the following, as well as any other persons or groups with expertise on the subject: "(1) Swine veterinarians working in the pork industry; "(2) Confinement operation-type swine farmers; "(3) Pasture-raised operation-type swine farmers; and "(4) Sportsmen. "(b) The Department shall report its findings and recommendations, including any legislative proposals, to the Chairs of the House Agriculture Committee and the Senate Agriculture, Environment, and Natural Resources Committee during the 2010 Regular Session of the 2009 General Assembly." Session Laws 2013-360, s. 14.11(a), (b), provides: "(a) The Director of the Division of Marine Fisheries of the Department of Environment and Natural Resources and the Director of the Wildlife Resources Commission shall develop and implement an agreement that includes at least all of the following provisions: "(1) Provisions to authorize the Division of Marine Fisheries marine patrol to perform any needed boating safety inspection. "(2) To avoid the duplication of enforcement activities by the Division of Marine Fisheries marine patrol and the Wildlife Resources Commission law enforcement officers, a schedule for high-volume areas that is developed to take into account that the Division of Marine Fisheries marine patrol must confine their enforcement activities to the coastal waters. "(3) To further encourage more efficient management of the State's resources, a protocol that sets forth appropriate circumstances when the Division of Marine Fisheries marine patrol is authorized or required to investigate boating accidents in coastal waters and within the joint jurisdiction of the Division of Marine Fisheries and the Wildlife Resources Commission. "(4) A provision to prohibit, except in the instances of investigations of boating accidents, the Division of Marine Fisheries from receiving any federal boating safety funds. "(5) A provision to provide mutual aid that authorizes the Division of Marine Fisheries marine patrol to enter into inland waters in winter to conduct a normal investigation of suspected illegal netting activity. "(b) No later than April 1, 2014, the Division of Marine Fisheries of the Department of Environment and Natural Resources and the Wildlife Resources Commission shall submit a joint report to the Senate Appropriations Committee on Natural and Economic Resources, the House of Representatives Appropriations Subcommittee on Natural and Economic Resources, and the Fiscal Research Division. The report shall include any findings and recommendations, including any legislative proposals. The report shall include findings regarding at least the following issues: "(1) Whether the agreement developed pursuant to subsection (a) of this section has been successful from the perspective of the Division of Marine Fisheries, the Wildlife Resources Commission and the public in clarifying enforcement activities and reducing the duplication of enforcement activities by the Division of Marine Fisheries marine patrol and the Wildlife Resources Commission law enforcement officers. "(2) As an alternative to the agreement developed under the provisions of subsection (a) of this section, whether it would be preferable to confer law enforcement powers upon the Division of Marine Fisheries marine patrol to authorize the Division of Marine Fisheries marine patrol to engage in enforcement activity related to only fisheries under the jurisdiction of the Division of Marine Fisheries or subject to the management of the Division of Marine Fisheries. "(3) Any other issue the Division of Marine Fisheries or the Wildlife Resources Commission deems pertinent to include in the report." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2015-263, s. 35(b), provides: "The Wildlife Resources Commission shall report to the Joint Legislative Oversight Committee on Justice and Public Safety no later than March 1, 2016, and annually thereafter, on the number of complaints received against Commission law enforcement officers, the subject matter of the complaints, and the geographic areas in which the complaints were filed." Effect of Amendments. - Session Laws 2005-455, s. 3.2, rewrote the section. See Editor's Note for contingent effective date. Session Laws 2013-283, s. 15, effective January 1, 2014, rewrote subsection (b), which formerly read "License agents may deduct from the amount collected for each license or permit a fee of six percent (6%)."