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Senate | May 12, 2015 | Committee Room | Agriculture, Environment and Natural Resources

Full MP3 Audio File

And could we please have the pages come to the microphone at podium at the back and just states their name who their sponsor is and maybe one interesting thing about coming to work with us this week in the senate. While we are getting if you would age just like the line up at the podium and just say a few words. we are glad to have you here with us and we'd like to know a little bit more about you. We appreciate your volunteering to come. My name is David Bimas my sponsor is Senator Cook and so far I've really enjoyed being here it's been a great experience a lot of very nice and kind people. I enjoyed this far has been great. Hello everyone my name is Crek Galls sponsor is Miss Senator Smith Ingram and I have enjoyed sitting in on the session that's probably my favorite part I look forward to the days session as well. Hey, my name is Robin Blakensive and my senator is Senator Alexander and so far this week I have just really enjoyed it and I look foward to seeing what this week has to offer. My name is Kelly Marcus from Western Salem and my sponsor is senator Row and I've really enjoyed being here. I have made a lot of friends with the pages and I look forward to this week so. My name is Matthew Anderson, I'm from Haise, Senator Randleman is sponsoring me and I've had fun these weeks and I'm looking forward to this week.  Hey my name is Hailley Phillips, the senator who is sponsoring me is Senator Voyed Robben and and this is been really fun, I really like this, it's a senate session. my name is Wale Wilton and am the senator sponsoring senator Alexander and so far I really enjoyed listening in on the sessions and seeing what everybody has to say. Did we get everyone? Thank you so much for coming this week and helping us in the senate, and now sergeant of arms Steven [xx] at the door, Marcos Kitts, and Ralley Hardcok we thank you and I know you will keep order in the room for us. Now we'd like to move into our agenda today and the first bill and the only bill is senate bill 513 and Senator Jackson and chairman Brock. Would you like to give us an overview or would you like for staff to go through it first. Thank you. Is there PCS there is a PC's. Senator Brophy moves for adoption of the PCs, all in favors say "aye"oppose "no". Aye's have it, continue Senator Jackson. Thank you Madam chairman. Good morning members and we have a lot of folks in the audience, appreciate all of them being here this morning. This would be our third forum act since I've been here in the senate and we passed one in 2013-14 and this be our 15 act, and I'm going to just go right through it, I noted there's some points in here that are a little more debatable than others that I'll rush through it and then we'll have questions at the end, Madame chairman if that's okay? And then. It'll be fine. And also I think it might be some you want to speak from the audience, and we'd love to hear from them as well. Section 1 basically revises the horse industry promotion act this is a request from the horse council, it does two things, it increases the cap for the amount the assessment the council can levy on horse lead from $2 to $4, it increases the duration of the assessment from four years to ten years. It's a fully refundable program, if you pay any of these fees and want them back, you can request and you will receive 100% refund. Section two basically conforms our H to E, state laws with our federal laws and secretary lines is found with this language his staff actually help this draft this language. Section number three establishes a policy of supporting sustainable agriculture, I'm not going to read to you in this whole, but I encourage you to read it there is a lot of discussion out there about what of sustainability actually mains and we found it prudent that North Carolina establish what we feel like the need to mean and we've based all for scientific data and a

lawful fewer say so this is taking care if that in this section. Section four modifies oversight vehicle permit time restrictions basically what we are doing and we wrote with the highway patrol on this and to my knowledge they have no objection to any of this thing we going to talking about it in transportation but it reduces the regulatory burden on individuals and businesses that frequently transport all over the equipment by allowing them to do so on Sundays and on certain holidays we have basically removed Labour Day, New Years Day and Memorial Day they still get the key three holidays. Section number five allows oversight transportation of high bails, this is something we also work with the highway control loan and this will actually allow then to have too of a large bail beside instead of having them one single road to be able to haul twice as much as still make all the wept limits. Section number six, amemends send a requirement for certain agricultural vehicles currently if a firm piece of equipment is involved in an accident and current statute that firm piece of equipment if it is wide than the highway it's automatically a fault, this basically is a revertible presumption that the highway patrol making gather and physically measured and if it's not physically possible for a 12 foot piece of equipment to fit in a ten foot road without being, across the center line, he can investigate it to see you actually was at fault and there again the Haward throw was okay with this. Section number seven does two things, it increases the speed for spread of vehicle, exchange difference of 35-40 miles an hour. We are in the 21st century and these equipment run faster than they did several years ago so this is a change we felt was needed, it also clarifies an ASP to the definition to account for vehicles that are used to distribute feed in livestock operations. It also doe three things, it exempts all terrain vehicles or utility vehicles when used for agriculture purposes for town and registration requirements and there again the state Howard Throw is okay with this language. Section number eight clarifies road weight limit, expectation for transportation of agricultural products. Basically what we have done is we have specified that foreign products means any food crop, livestock, poultry. We've added dairy products, it's the only thing added to this list, flower bulbs or other nursery products or other hardcrop products designed to be used for food purposes including in the term farm products also as count to pour asenic acid wood and as far as farm grown product is produced by the farmer, it ensures that the exemption applies to any vehicle, holindis, commodities would not be equals, going to or from my farm, they are okay with this, and Section number nine as it is in the book. Thank you Senator  Jackson currently we have a meteorological towers setup throughout East and North Carolina primarily for wind firm the problem we have this there is no type of notification so when we have spreaders are out there are eradicators that just to be point clear on this one, they're flying all of a sudden on 250 ft towers in front of them, 150 ft towers in front of them that there was no notice of, we did have one pilot that was killed on North Carolina another state that when this tower was put up, so we are just trying and get ahead of the game here and make sure that when the towers are stood up that there is a notification system so that our pilots will know that they are there Section 10 will allow shellfish cultivation in sub-merged aquatic areas, therefore ensure that the North Carolina Shellfish Farming history is prepared to defeat when thorough regulations changed, allowing shellfish farming to submerged aquatic vegetation and currently a quarter of our engineers is prohibiting this but is allowed in Chesapeake, Virginia we've seen how the industry has grown in Virginia compared to North Carolina. It's become a great industry in Northern for the common wealth to the North of us but we're currently hampered by this regulation so this will allow us to allow shellfish cultivation. Section 11 basically is present use value modifications, we've always believed that the intent of the language originally was to allow horse farms that met all the criteria of any other farmer to be included, but we have specifically added horse farm to this language. We also are adding that it requires a county assessor to assume that at the end of the day which is eligible for PUV in one county is eligible for PUV in the joining county of their famine that is loyal, or any county in the state as far as that goes, but the assessors can revoke the presumption that re-battles have no bearing on the

industry's PVUV status in any other county, that was one that's been working on a little bit and it could possibly change a little bit more as we move forward but we're trying to make it fair, so if you qualify in one county you should automatically qualify in a other county unless other assessors disagrees with the first assessor's assumption. Section number 12 is termination and conservation easements, when a landowner chooses to put a permanent and I emphasized the word permanent, conservation on this piece of property, that individual should be entitled to some reasonable assurance that his property will not be used for purposes other than what it was agreed to with the easemen. This legislation prohibits the council's state from approving the termination of a state health permanent conservation easement for economic development purposes. It allows a landowner to grab some permanent easement, to put a provision in the easement agreement, requiring the easement holder to his or her successors concerned before terminating or substantially modifying the easement. This process will not interfere with property condemnation being the animal domain, and this is also been a working progress and it's changed for the last 24 hours, we hope this will be the language at stake but it could possibly change again section number 13, transfer the captive serving program to the department of agriculture and consumer services, and I want to stop for just amoment and thank the wildlife community nation the commissioner of agriculture and his team over at NCDA and also the dear farmers for working together and mutually agree on to this information and unto this to the details in this bill this been a long process, they have worked diligently and a lot of long hours trying to put this together and they are in one accord on this agreement and what is in this language and I briefly highlight some of the things, the section of the bill transfers authority for the regulation of selvage from the wildlife resources commission to the department of agenvir as I said this language is a censors as the department of Agen while I resource industry commission and a dear farming industry as a practical matter the department of Agenvir has the expertise and resources to manage livestock facilities and the wildlife commission we will retain the exclusive authority to regulate non foreign selvage, no importation of CWD deceptive will be allowed until a last CWD test is developed and for what I understand that is some time off. Our CWD sir set the service must come from certified I had heard if when the live test is developed at the point and time we would allow importation, it specifically prohibits its high fence hunting or license severed forms, the public herd is not involved in this transfer, and I want to repeat that, the public herd being in those wild dears running out their is not involved in this transfer is only serviced that are born and raise in captivity in a certified herd they are affected by this transfer. Enforcement will be handled jointly by the department of agriculture and wildlife resources Arg will helm the farm inspections while wildlife will monitor and inspect animals in transport. Section number 14, all nondisposable hard plastic I've worked with Dina and the department of division of air quality to come with this we have a $5 billion problem across South East and United states in disposing of agricultural plastics. The state of Florida allows you to burn the plastic, and that's where I sort of got this idea from and what we've specified is how you can burn it and when you can burn it and to burn it as quickly as possible but dino has unofficially stated that they're okay with this as long as the above condition remit. Which is it is done in connection with no mile quarter operations, it's done in a way as to ensure the quickest, possible, consumption of he material in order to to minimize the emissions. You want to go? 15. Section 15 is amended definition of new animal waste management system, the range would exempt currently existing vacant farm from the waste management performance standards and general statute 143 to 15 dot 105 currently hog farms that are vacant for more than four years have had their permit automatically reduced to zero. They cannot apply for a new permit without meeting new waste management performance standards, and this provision will allow them to apply for a for existing parliament for vacant farms without having to perform a standard under the moratorium this is requested by the farmers and section16 this is no order nuisance for animal waste used in energy production, this is part of the green energy portfolio so good piece of legislation for renewable energy and requires DENA to certify animal wasting energy system as energy producing animal operations only if they meet the on

requirements, they must have animal waste management system premium, they must generate renewable energy through the use of swan or poultry waste and they must use energy produced to comply with renewable energy portfolio and they must decrease waste volumes, as provides set the certified energy produced animals are operation are not and can not become a nuisance and elect the EMC to implements rules in such a way that any order from certified facility shall not be deem objectionable in section 17 we move to mining primate changes this provision ensures that individuals engaged in agriculture are exempt from mining, ecementation[sp?] permitting requirements, the exception already exist in pricipal in the recent constituent occasion is there are officer in the latest there is still some confusion about data personnel as to whom this exceptional price to this clarify that observation or grading wing conducted solemnly for agriculture activity receiving an exception from erosion sedimentation control lands are defined in general statute does not qualify as money. Thank you. Section 18 amends the holding and advertising period for unclaimed livestock. Currently I thought this was the more chemical ones in there, currently an individual who chances upon livestock running a large advance certain origin of ownership and who impounds the livestock must wait 50 days to sell the livestock after finding it. Attempting to locate the owner with complaint to notification requirements. This change short in time when we allow unclaimed livestock to be sold at auction 13 days after it is determined that the owner cannot be found and assuming all statutory notification requirements have been met and also updates the Archetic notification requirements to ensure that notification is posted online and not at core house door. This statute was originally passed in 1874 office I think it needs tweaking a little bit before the advent of the email, or internet message board or so apparently we had a sheriff in this state does have a issue with our so animal we joked about it was goat, but we don't know what it was, and we thought that one was good. Section 13 modifies the problem consumer services reporting requirements this basically is removing the reporting requirement for daily stabilization and the reason they are asking for this, this program was never funded. It also changes the referring date on the state and new program to give staff some lead time to compile the report as reimbursements come in. Currently, the reimbursements come in and in a few days before the report is due and it's not enough time for them to compile a composite report. And what I should just giving them a little. Section 20, prescribed banning modifications, allows North Carolina to accept prescribed banning certifications from other states, the intent is to encourage use of prescribed burning as a land management tool. Section 25 modifies penalties for failure to guard firearm by a watchman. This basically this provision lowers the penalty for failure to guard a fire from a class three misdemeanor, to an infraction it takes out the minimum fine of $10. Department of Ag requested this so there really have an alternative to charging someone with the mastermind if they fail properly guard the fire arm. There are other various other criminal charges related to negligence serious penalties on North Carolina general statutes and this will not affect those. This provision will doesn't affect civil or criminal liability if cases of referral get out of hand and actually damage the property or harms a person. Section 22 is a section that we handled last week is the establishments of this is bill just another tool in the tool box for those trying to establish a reform as a they wanly and those reforms wanly will get the establishes the new classification of a wanly, a farm wanly which is distinguished by the fact that it produces whine using 75% 75% or more of North Carolina grown products. The whinneries will receive reduced leason fees can sell six retail location aside from the winery, winery as opposed to three today, they can affix, a stamp on their bottle to say North Carolina farm winery and they can give free samples of the products to visitors without having to get an additional limited winery premium. We're attempting to address some of the winery farmers concerning the growth of advanced center winery's that purchase most or all of their fruits or wine from outside the state sometimes, even outside the country and are not engaged in the bid or culture industry. This language was crafted specifically to avoid harming any of the existing enterprises while at the same time promoting the growth and the expansion of North Carolina's unique home-grown products.

Section 23 limits the department of agriculture and consumer services, disclosure of personal information and testing. They protect confidentiality of animal, owner's personal information collected about the department of [xx] and lab reports generated by samples submitted for analysis by those owners. It basically also conforms the federal law by protecting the confidentiality of US generated information that's confidential under federal law. And section 24 it means it's technical corrections and it means regarding transfer of forestry alieation in dinner today, which is the department coming from the consumer services to ensure that personells continue to receive the appropriate benefits. In 2011 we moved the forestry over to the department of agriculture and this is just part of that and changes to continue as we move forward, and section 25 is the severability and effective date. I would like that this time to thank my staff seen in lasborn[sp?] house, for they are hard work on this, and I will simply say this thing is change six wise form those games and it has been very rapidly and I know that we are working on as late as 11 o'clock last night, so I take the both all free and round of applause if we can do that Madam Chair suddenly madam thank you. They make me look good and this Senator Jackson if you're okay we will go ahead and hear comments from the public, there's a few of those and then we'll devote the rest of the time to the committees questions. Madam Chairman I would ask as folks come up and speak, tell us the part of the bill you're referring to please. OK. Alright we'll start with Shawn Schafer, Brad Hoxit next, and Henry Hampton, if you would approach the podium out there, and if you would like to state your name please and if you're with an association what association, and which part of the bill that you will be speaking to. And you have two minutes. And if we can have a sergeant-at-arms make sure we keep within our time frame, thank you. Yes sir?   Chairman, committee members, I'm Swan Shaver the executive director for the north [xx] farmer association and I'm here today testifying in support of Senate Bill 513 and section 13. I also sit on the North [xx] State Board of animal health, homeland security center for excellence of emerging zonanic animal diseases [xx] State university, The North Coast State University veterinary diagnostic lab university board, U. A. S. T. A chronic wasting disease and tuberculosis working group and I've been involved in animal agriculture and regulation of animal health for not more than 17 years and and I support Senate Bill 513, changes in section 13 as it implement science based rules and regulations to safeguard both the farm dear industry and the wildlife of North Carolina. This changes well our growth of this industry to provide alternative income from marginal land into rural North Carolina. So you and I appreciate [xx] coming testify Thank you. Yes sir Good morning senators My name is Brad Hoxit and I'm President of Lake of the North Carolina DNL Farmer's Association. I'm in support of this bill and I would like to make comments on the bombing movement to the Department of Agriculture. There are many reasons for this farm and operation to be moved to the Department of Agriculture and I'm going to speak on three of those today. We need the help of the North Carolina Department of Agriculture to help with animal health issues. NCDA is responsible for protecting our food supply and definitely has the experience to help our farming operations. We hope to WD never gets to North Carolina however if it does we need the experience to help us in our operations. There are diseases and other health related issues other than CWD that the Department of Agriculture can assist us with. As DNL farming grows there'll be more and more opportunities for us to have products to sell. Our Agricultural Department in very experienced in helping farmers promote their products, for example, Got To Be North Carolina program this program has been very successful and we'd like to be a part of that program.

The North Carolina Department of Agriculture can help us grow quality animals by using the knowledge, they have used in the industry for years. We as daily farmers need the assistant that the NCDA can give us and I'd like to thank you for having this opportunity to speak for you today. Thank you and Mr. Hampton if you'd come forward and Mr. Bob Brown. This is surprising to me because I don't know who put my name on to speak because I'm not a speaker and so, but it maybe because I'm probably in this room  might probably have had more years experience with actual daily farming, so it would probably work better, my comments are to add to this discussion that would probably work better if someone were to ask questions because we ended the discussion that was taking place here this morning, I realised that a lot of the things people were talking about that had happened in the past I was there whenever it happened, and I've been working with kept in service for over 50 years, and now which puts me I was young whenever we started, but the situation is and I'm anomaly familiar with the way this process has developed and what has taken place, and what has happened is the chronic wasting disease that brought this to ahead in 2002 and there was a set of regulations to implement it in 2002 that completely stopped any dear farming or stopped any of dear in the state of North Carolina. So what happened was the herds that are Existence now haven't had one gene of new blood in 12 years, and anybody that's familiar with genetics or anybody that's familiar with agriculture knows what that would do to almost any herd, and it's been zeroed, and so it's not been limited, it's being zeroed, and so this will give us an opportunity to move in Tri-State with a five year Health Certification Program, and there's a lot of information to do with disease and things that have pertain to the disease and it's been shown by research and there's been over 30 years of research on chronic wasting disease. So there there is a 5 year certification program makes it safe for us to move in inside, thank you and I definitely support the movement of this bill. Thank you Bob Brown, Jim Cogdell and Gordon Meyers. Thank you, I'm Bob Brown. I. I'm Vice Chair of the North Carolina Wildlife Federation, previously I was dean of Ecology and National Resources here at NC state, before that I was Head of the Wildlife and Fishery Departments of Mississippi State University and Texas A&M, former National President of Wildlife Society and I have about 40 years experience with captive deer, and I'm speaking against the transfer of the captive serve program form the wildlife commission to the department of egg and consumer sciences services excuse me. Chronical this disease is the Ebola of deer farm. There is no treatment, no test for live animals, no treatment, no cure and once it is here, it's in the soil permanently. Every state that's transferred jurisdiction of deer farming from the Wildlife Commission to the egg Program now has CWD. I'd like to know what the plan is to avoid that. Secondly, although the Wildlife Commission and ACS, and the two Commercial Deer Farms in the state that is the two that have more than 50 deers, all agreed on this, that's wonderful. other members of the committee aware that the [xx] club [xx] the [xx] and young club, the [xx] association, the Wide Life Society and the North American Wide Life Federation and a number of other conservation and honey organization have policies statements against both deer farming and hen hunting what canned hunting is? Do they realize that most of the deer being raised in North Carolina are to be used in canned hunts in other states? What law enforcement capability does the ASC have to caught dear of innocent smuggles that occurs permanently in different state. Game warden or as well as archaeologist Does the ACS have means of DNA testing to determine if venison that's sold is from wild whitetails, farmed whitetails or other exotic deer? And what's the friend and what personnel to be used to shoot a recapture any farm dear that is ape, you're a stomer a human error because there us no such thing as a deer proof fence. Has anyone on the committee ever heard of the Public Trust Doctrine, also known as the North American Model of Wildlife Management and what that means? In fact have you read your

own state statute 133-291, that says law of life of North Carolina belong to everybody and cannot be sold or owned by anyone, thank you thank you. Jim Cord and Cody Marrs please. Thank you Madam Chairman. I'm the Chairman of the state wildlife board representing a total of 19 members 18 other than me. The discussion of the is moving to the department of agri as discussed and maps and trails and pathways with egg and with the dear farmers have developed where we feel appropriate for the dear farmers to move the enlargement of the herd owing to the affirmative act with the consulting with the law enforcement of et cetera with the Wildlife Commission. The facts inceptor related to chronic waist disease is numerous, 22 states have chronic waist disease and we don't want North Carolina with 250 hunters in North Carolina that hunt deer it's a $300 million industry, that is our public herd, as Senator Jackson spoke about earlier and the method that we are is appointed positions employed to look after the public world life North Carolina into the general public ability to share and enjoy the great wildlife of North Carolina thank you Sir. Thank you Madam. Thank you. Good morning thank you Madam Chair Good Miles the executive director of the wild life resources commission and want to begin by the the protection of our states wildlife resources is fundamental to the mission of the wildlife resources commission and so is the promotion of our rich harning heritage chairman just mentioned 250, 000 hunters in North Carolina hunt light tail deer in our state, more than $350 million industry. And this, by partnering with the North Carolina Department of Agriculture and Consumer Services, along with this extensive animal disease expertise, and that this transfer will help us address critical risk associated with movement and introduction of chronic waste and disease, as well as other diseases. This capture server transfers are a result of extensive collaboration and compromise among the WRC, among the Department of Agriculture and Consumer Services as well as a wide range of stakeholders. It is focussed and founded in science, and it's focussed on protecting animal health and it's respectful of existing agency authorities. Through this partnership, we will continue to advance effective conservation of our public trust resources in keeping with our mission and our purpose. On the transfers, I'll just go through a couple of bullet points on the transfer of what it does. This bill specifically defines a farm serving[sp?] as serving[sp?] bred and maintained in captivity in a herd which is enrolled in a herd certification program. That is key because it differentiates our state's public trust resources to trump[sp?] those animals that were born and raised in captivity, key point. It also clarifies that the Wildlife Resources Commission maintains the sole jurisdiction for those public trust resources that exist on the landscape it prohibits the importation it closes the borders to that animals that are susceptible to chronic waste and disease this puts straight up probation into place that is the number one risk factor is movement of the decease this bill also prohibits establishing facilities those high friends handling operations so without favor those are the key point I would like to share with you in the machine does support this bill. Thank you and now thank all the speakers for coming out today and sharing with us our committee members I would like to tell you also that this will bill will have a referral to transportation and finance so we will now take questions from the committee. Senator Tucker. Thank you Madam Chair I've got I know were limited on time let me go quickly through this a question for Senator Brown or Senator Brock on the swine facilities. Does this bill in any way would you sold done inspections from dinner and egg does it produce results at all No sir Thank you. Additional questions madam? Follow up We have two gentleman to speak to us this morning and both of this things that less amazed but I did hear one statement that disturbs me and one gentleman made so I would ask the Executive Director Gold Myres[sp?] a question if I may Mr. Myres[sp?]

could you come to the podium Senator Tucker Miss Myers the one gentleman to your right there that has a distinguished career in wildlife who cited our statue about wildlife not being able. He stated if I understood him correctly, every state that has moved serbet[sp?] deer from wildlife to has CWD do you know that to be a true statement or not?  Senator I do not I can not confirm that statement, but I could address how we are working with the department. Follow. Yes mum would it be possible to have stuff tell us that or that gentleman to come back up and state what he stay, so it's clear in our mind what the fact are? Yes Sir Senate Tucker, could we have staff or Mr. Brown. Yes the states that have transferred to the jurisdiction regulation you are firming from they are wildlife program, game department whatever it is called to the rag department whatever that's called LCWD not all of this was it was done illegally let me point out, that many states I spend 25 years of my life in Texas and any state that has do it for me has illegal importation, and it just going to happen because there's a lot of money involved, and animals that have CWD they are going to cross illegally glad and come across on their on. A wild animal can come across from once the scarce CBWD can walk across the border so you can get a number of ways we are just concerned of the illegal importation escapes things of that nature. Senator Tucker could we wrap up the proceeds? Yes mum Yes, ma'am I'm done. Senator Brian. I want to state that for the record that my county commissioners are opposed to the soviet provisions and mainly we are concern that it seems to be that our heritage Huneggum to which a lot of varsity, East and North Carolina in particular depends on million of dollars is being put at risk for the benefit of really a few commercial dear farmers that the John will say thank you for my constituent. My question is, how are the agriculture, I have a couple of questions, I don't wan to take all the time, but how is the agriculture staff is going to manage this inspection given it is not what they do, they don't general the deal will a live and how are they going to manage that? That is my first question, and what kind of expertnees do they have to address all the inspections?  The I have a follow.   Senator Jackson. Okay, thank you Madam Chairman and senator Brian thank you for your question I disagree with your comment but also note that you have got a commission about a resolution and that's why we noted. I would like to call on John Ridden of state Vietnam to answer that question and I think it always professional wise. Dr. Riddon. Madam Chairman I'm Dr. Marcus the state vetted in for North Carolina, we currently have staff that is engaged in the prevention and management of disease all throught he state in our livestock industry, our swine industry, beef industry, dairy industry poultry industry, we're around farms based on a routine basis, we surveil constantly for disease among the populations of the animal agriculture that we're engaged with, and dairy farming will become another spoken wheel of animal agriculture in North Carolina. Our teams have consistently  conducted inspections with the Wildlife Resource Commissions of these facility and will continue to do so in the future. [xx] Senator Jackson Thank you Madam Chairman, just to reiterate, we all have currently and past, been working with wildlife on these issues in the House, is that correct? That is correct, Senator Jackson Thank you Follow up My understanding is that we currently don't have [xx] disease in North that's what I'm told I don't understand exactly, that we don't have it. These folks talk about disease in these other places like it's a certain amount of disease you assume you going to have and we have people going around to check on the disease we have maybe to keep it under control or something but my understanding is this kind of disease is a disease you don't want to have, so it's

not about checking if to see if you got it its about creating circumstances that you don't get so I'm trying to understand how can your level of enforcement and surveillance chief to what to me seem to be a different kind of disease concern than what you and maybe there some like that in the other animals but and with the kind of more wildlife type animal versus domesticated sort of kind of animal. Chairman Brown. Senator Brian I'd say another commissioners are probably aware of the conditions up in Virginia where he is currently up there and if they can't read it they're are entering into North Carolina when they cross over the state line and they'll come over here whether we have this program or not and see will be in North Carolina also they have in West Virginia and from West Virginia to North Carolina is as far as a tank of gas will take you so when you're looking at the national vibrations and how populations move, that a disease came into North Carolina from West Virginia as well. So we're looking at the one program is to raise the 4CWD that the part of it is just natural migration of the herders out there. One more follow up, Senator Jackson. And also, Senator Brian, I'd like that. I think with the provision that has been fit into this section of this bill, we actually are taking proactive steps to stop any spread of the CWD from moving in by stopping all importation and also pitting some teeth in what we're doing when it comes t the bringing in of illegals, so I think we're doing the right things here. One more follow up Madam  Senator Jackson, may the speaker be seated. One more follow up then. It doesn't say you stop all importation which will make me happier, it says you're stopping importation of service who are likely to have the some kind of descriptor there. And I wondering first of all how do we determine that and is [xx] determining that [xx] determining that, and only law enforcement officers are an so. It looks like to me rather than compromising, you've just sort of partitioned egg off and limited what they can do with this service coming here.  Senator Brian is questioning that. The question here is, why do you have to have any import number one, and two who's going to make sure that the thesee[sp?] that people don't, you know [xx] forced.  Senator Jackson. Thank you madam chairman, Senator Brath that's a very good point that you've bring up, but just to, just so I think you and I are probably on the same level of understanding wildlife when it comes to deer. I can look at a dear of foreign dear I don't know the difference but foreign dears that cannot bring in CWD and that is still be undone there is a lot of species family that does not have that have CWD that has been proven by any Sate or any Agency across this nation and we're only talking about this we just or what I'm here. So the lower enforcement it looks like we have.  Senator Brian let's get smarter the question goes, other members haven't had a chance. Senator McCaners. Just a question for the committee there, I had someone said testimonial moment that goes that this will allow I can't hurt my understanding of I can't hurt is that you put here in little square box go and find somebody to shoot and I need to say am 100% guess my understanding to this law is that I'm I correct. Senator Jackson. Thank you madam chairman. Senator McCain said this does not allow earning or can't earning as you phrased it in any case it actually prohibits it in these languages specifically said there. Senator Raymond. Frst a comment with regard to the CWD, it's like any other disease as far as I can see. The human animal, there's no 100% guarantee you can stop it anyhow. What we've put in place with this Bill, I think optimizes the chance that we would not have to CWD. With that I would like to move favorable. Thank you. Thank you Senator Raven, are there other questions from the committee? Senator Alexander My comment is as I listen to this, one of the things that's happen is, that its going to be big money made with this dear firms I heard I guess it was Mr Hampton over there talked about the gene pull is being restricted in North Carolina understand that its is not the whole of it alot of the dear farms out there, and if we continue to do this and even if you do entrust state move out of there even wear

those gene pools so there is going to be temptation to import deer from outside of the State for extra gene pools because they got big racks because the does are [xx] are large. Now is this legal? Absolutely not. This will be illegal. This will be wrong, but the fact of the matter is these deer are not going to be inspected for CWD today and we can bring this disease into the state. I appreciate all of the things that you all have done try to make this tight but the fact of the matter is if somebody wants to cheat for money purposes you can't stop it. Senator Jackson Do you have any comment? Thank you Madam Chair [xx], Senator Alexander I appreciate you coming but my opinion of what is we're doing here will actually curtail on what is hapenning today, in the illegal importations of the severed farms and the dear, not the severed farms, but the severed deer population in North Carolina, I think this will curtail it and I think this is step and the right move. We're going to, unless there's a burning question we're going  ahead and [xx] to the senator. Senator Randal if we could end it with this question. Thank you Madam Chair and this is a quick question and its not about [xx] I'm sorry but if you go to section 16 we're talking about older nuisance for animals white shoes for energy production, I just want to make sure that this does not affect the right of individuals to bring nuisance lawsuits for those production facilities that are not energy producing. Senator Jackson or Caren Browns, actually we addressed Senator Raymond concerns back in 2013 with the nuisance act that you've been there for so long and an industry moves in or a neighbor moves and it will be clarified in this. This actually is just a little different, a little stepped up, if I guess is a term to use, that most of these facilities is that whenever you use animal waste for energy in my opinion when you say animal waste is got to be close to the farm and and has to be generating so it gives a level of protection there that they currently don't have [xx] is the way I understand it. We have a motion by Senator Rabin for a favorable report to the PCS and unfavorable to the original with the referral to the Transportation and Finance. All those in favor say aye? Opposed nay? Ayes have it, but before you leave committee members I think we have Commissioner Trucks right here, would like to give us a quick influenza.   Before the commissioner comes up I just want to thank you members, and this will be heard in Transportation tomorrow is what we're told, so thank you committee members, thank you Madam Chairman. Madam Chair I thank you for this opportunity, I think everybody may be has been following the outbreak of Avian Influenza especially in the Mid West and it's been a devastating disease and it could have a potential impact on North Carolina. We're one of the leading states in the nation in poultry production both turkeys, broilers, layers, all kind s of poultry, so we in the department are becoming very prepared for the eventuality or proper possibility that this comes to North Carolina probably in the fault through the certain imply with this is a disease that has been spreading since a wild population of poultry and wifer and waterfowl so with the southern fly way with this many exposures we are being well prepared I wanted to tell you that we've heard three team help with deep population up there and and I wanted to read something that I hope makes you really proud this comes from the answer command tunnel in a middle solving what did says is from to sharing stole my maxy program for personal and doctor Macus on purpose you got of a boatload to have the courage to send North Carolina against Minnesota and a catastrophe is truly amazing, I hope, no check that, I hope I never have the opportunity to protect the same, shared your teams have been talked about ever since they've arrived hard working and professional, the North Carolina Department of Agriculture can be proud of the fact that you obtained for dropped into a fire storm. Presented positive coming at three to five per day and helped stated this year, and left this state with no backlog of de-approximated. Thanks and please thank your crews, North Carolina has laborely helped save the mental poultry industry. That is to the severity of what we are looking at. Thank you Commissioner, and we stand adjourned