NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 525

SENATE BILL 387

AN ACT AMENDING ARTICLE 34 OF CHAPTER 106 OF THE GENERAL STATUTES RELATING TO INDEMNITY PAYMENTS BY THE STATE TO OWNERS OF HOGS AND OTHER ANIMALS SLAUGHTERED TO PREVENT THE SPREAD OF ANIMAL DISEASES.

The Genera] Assembly of North Carolina do enact:

Section 1.  G.S. 106-322.2 is amended by striking from line 12 thereof the words "one third" and substituting in lieu thereof "one-half and by striking from line 19 the words and figures "twelve dollars and fifty cents ($12.50)" and substituting in lieu thereof "twenty-five dollars ($25.00)", and by striking from lines 19-20 the words and figures "twenty-five dollars ($25.00)" and substituting in lieu thereof "one hundred dollars ($100.00)".

Sec. 2.  G.S. 106-322.2 is further amended by adding at the end thereof the following:

"provided, however, that the appraisal may be made by the owner, or his representative, and the State Veterinarian, or his authorized representative, when agreement on the appraised value of the swine can be made; provided, further, that swine which entered the state thirty days or more before developing symptoms of hog cholera may be appraised in the same manner as swine which originate in North Carolina.

"For the purposes of this section, 'purebred swine' shall mean any swine upon which a certificate of pure breeding has been issued by a purebred swine association, or swine not more than twelve months of age eligible to receive such a certificate."

Sec. 2 1/2.  There is hereby added to Article 34 of Chapter 106 a new Section to be designated G.S. 106-322.3 and reading as follows:

"G.S. 106-322.2.  No payments shall be made for any swine slaughtered in the following cases:

"1.        If the owner does not clean up and disinfect premises as directed by an inspector of the Animal Health Division, Agricultural Research Service, United States Department of Agriculture or the State Veterinarian or his authorized representative.

"2.        Where the owner has not complied with the livestock disease control laws and regulations applicable to hog cholera.

"3.        For swine in a herd in which hog cholera vaccine has been used illegally on one or more animals in the herd.

"4.        Swine involved in an outbreak in which the existence of hog cholera has not been confirmed by the State Veterinarian or his authorized representative.

"5.        Swine belonging to the United States or the State of North Carolina.

"6.        Swine brought into the State in violation of State laws or regulations.

"7.        Swine which the claimant knew to be affected with hog cholera, or had notice thereof, at the time they came into his possession.

"8.        Swine which have not been within the State of North Carolina for at least 30 days prior to discovery of the disease.

"9.        Where the owner does not use reasonable care in protecting swine from exposure to hog cholera.

"10.      Where the owner has failed to submit the reports required by the United States and North Carolina Departments of Agriculture for animals on which indemnity is paid under Article 34.

"11.      Swine purchased by a buying station for slaughter which are not slaughtered within ten (10) days of purchase."

Sec. 3.  G.S. 106-323 is amended by striking from lines 8-9 thereof the words "twelve dollars and fifty cents" and substituting in lieu thereof "twenty-five dollars ($25.00)" and by striking from line 9 thereof the words "twenty-five dollars" and substituting in lieu thereof "one hundred dollars ($100.00)", and adding after the word "animal" in line 10 the phrase "provided further, that the state indemnity shall not be in excess of the indemnity payments made by the federal government."

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec 5.  This Act shall be in full force and effect upon ratification.

In the General Assembly read three times and ratified, this the 19th day of May, 1969.