GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                   4

HOUSE BILL 1059

Committee Substitute Favorable 6/4/14

Committee Substitute #2 Favorable 6/19/14

Senate State and Local Government Committee Substitute Adopted 6/26/14

Short Title:        Venus Flytrap‑Taking Penalty/Occup. Tax Use.	(Local)
Sponsors:
Referred to:

May 15, 2014

A BILL TO BE ENTITLED

AN ACT To make the larceny of venus flytraps in brunswick, columbus, new hanover, onslow, and pender counties a felony offense and to modify the New hanover occupancy tax.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Article 22 of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑129.3.  Felony taking of Venus flytrap.

(a) Notwithstanding G.S. 14‑129, any person who takes and carries away, or aids in taking or carrying away, any Venus flytrap (Dionaea muscipula) plant or the seed of any Venus flytrap plant growing upon the lands of another person with the intent to steal the Venus flytrap plant or seed is guilty of a Class H felony.

(b) This section applies only to the counties of Brunswick, Columbus, New Hanover, Onslow, and Pender."

SECTION 1.(b)  The Revisor of Statutes is authorized to codify the provisions of Section 1(a) of this act.

SECTION 2.  Section 7(d) of S.L. 2006‑167 reads as rewritten:

"SECTION 7.(d) Distribution and Use of Tax Revenue. – New Hanover County District U shall deposit one hundred percent (100%) of the net proceeds of the room occupancy and tourism development tax levied under this section into a special fund, the cash balance of which shall be deposited at interest or invested in accordance with G.S. 159‑30. These funds shall be used only for beach nourishment. distribute and use the net proceeds of the room occupancy and tourism development tax levied under this section as set out in this subsection. In accordance with the North Carolina Constitution and the United States Constitution, the tax proceeds may be used only for the direct benefit of the jurisdiction of New Hanover District U. None of the proceeds may be used for beach nourishment in areas within New Hanover County that are outside of the district.As used in this subsection, the term "Authority" means the Cape Fear Coast Convention and Visitors Bureau, which has been established as a tourism development authority.

(1) Proceeds collected prior to July 1, 2014. – Within 30 days of the effective date of this act, New Hanover County District U shall remit to the Authority the net proceeds of the tax that have been collected by the district prior to July 1, 2014. The Authority shall use one hundred percent (100%) of the funds remitted to it under this subdivision for tourism‑related expenditures in the district.

(2) Proceeds collected on or after July 1, 2014. – New Hanover County District U shall, on a quarterly basis, remit to the Authority the net proceeds of the tax collected by the district on or after July 1, 2014. The Authority shall use at least two‑thirds of the funds remitted to it under this subdivision for tourism promotion and shall use the remainder for tourism‑related expenditures in the district."

SECTION 3.  Section 1 of this act becomes effective December 1, 2014, and applies to offenses committed on or after that date. The remainder of this act is effective when it becomes law.