HOUSE BILL 2719*

 

Short Title:     Spay/Neuter Program Transfer/Funds.		(Public)
Sponsors:	Representatives Harrison, Cotham, Faison (Primary Sponsors);  Alexander, Bordsen, Bryant, Coleman, Dickson, Fisher, Glazier, T. Harrell, Hughes, Insko, Jeffus, Jones, Justus, Luebke, Martin, Mobley, Parmon, Tarleton, Weiss, Womble, and Wray.
Referred to:	Appropriations.

May 28, 2008

A BILL TO BE ENTITLED

AN ACT TO APPROPRIATE FUNDS TO THE SPAY/NEUTER ACCOUNT AND TO TRANSFER ADMINISTRATION OF THE VOLUNTARY SPAY/NEUTER PROGRAM TO THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  The Spay/Neuter Program established under G.S. 19A‑61 and the Spay/Neuter Account established under G .S. 19A‑61 are transferred from the Department of Health and Human Services to the Department of Agriculture and Consumer Services by a Type I transfer as defined by G.S. 143A‑6. Any unexpended funds appropriated to the Department of Health and Human Services for the 2008‑2009 fiscal year to implement the Spay/Neuter Program are transferred to the Department of Agriculture and Consumer Services.

SECTION 1.(b)  G.S. 19A‑61 reads as rewritten:

"§ 19A‑61.  Spay/Neuter Program established.

There is established in the Department of Health and Human Services Agriculture and Consumer Services a voluntary statewide program to foster the spaying and neutering of dogs and cats for the purpose of reducing the population of unwanted animals in the State. The program shall consist of the following components:

(1)       Education Program. – The Department shall establish a statewide program to educate the public about the benefits of having cats and dogs spayed and neutered. The Department may work cooperatively on the program with the North Carolina School of Veterinary Medicine, other State agencies and departments, county and city health departments and animal control agencies, and statewide and local humane organizations. The Department may employ outside consultants to assist with the education program.

(2)       Local Spay/Neuter Assistance Program. – The Department shall administer the Spay/Neuter Account established in G.S. 19A‑62. Monies deposited in the account shall be available to reimburse eligible counties and cities for the direct costs of spay/neuter surgeries for cats and dogs made available to low‑income persons."

SECTION 1.(c)  G.S. 19A‑62 reads as rewritten:

"§ 19A‑62.  Spay/Neuter Account established.

(a)       Creation. – The Spay/Neuter Account is established as a nonreverting special revenue account in the Department of Health and Human Services. Agriculture and Consumer Services. The Account consists of the following:

(1)       The portion of the fee imposed under G.S. 130A‑190(b)(4) for obtaining a rabies vaccination tag from the Department of Health and Human Services.

(2)       Ten dollars ($10.00) of the additional fee imposed by G.S. 20‑79.7 for an Animal Lovers special license plate.

(2a)     Funds transferred pursuant to G.S. 106‑284.40(d).

(3)       Any other funds available from appropriations by the General Assembly or from contributions and grants from public or private sources.

(b)       Use. – The revenue in the Account shall be used by the Department of Health and Human Services Agriculture and Consumer Services as follows:

(1)       If the revenue generated by the portion of the fee imposed under G.S. 130A‑190(b)(3) is less than forty‑seven thousand five hundred dollars ($47,500) for the fiscal year, then funds up to the difference between forty‑seven thousand five hundred dollars ($47,500) and the amount of revenue generated may be used from this Account to fund rabies education and prevention programs.

(2)       Twenty percent (20%) shall be used to develop and implement the statewide education program component of the Spay/Neuter Program established in G.S. 19A‑61(a).

(2a)     The sum of sixty thousand dollars ($60,000) shall be distributed annually to the Department of Health and Human Services to fund rabies education and prevention programs.

(3)       Up to twenty percent (20%) of the money in the Account may be used to develop and implement the statewide education program component of the Spay/Neuter Program established in G.S. 19A‑61 and to defray the costs of administering the Spay/Neuter Program established in this Article.

(4)       Funds remaining after deductions for the education program and administrative expenses shall be distributed quarterly to eligible counties and cities seeking reimbursement for reduced‑cost spay/neuter surgeries performed during the previous year. previously performed. A county or city is ineligible to receive funds under this subdivision unless it requires the owner to show proof of rabies vaccination at the time of the procedure or, if none, require vaccination at the time of the procedure.

(c)       Report. – In February of each year, the Department must report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division. The report must contain information regarding all revenues and expenditures of the Spay/Neuter Account."

SECTION 1.(d)  G.S. 19A‑63 reads as rewritten:

"§ 19A‑63.  Eligibility for distributions from Spay/Neuter Account.

(a)       A county or city is eligible for reimbursement from the Spay/Neuter Account if it meets the following condition:

(1)       The county or city offers one or more of the following programs to low‑income persons on a year‑round basis for the purpose of reducing the cost of spaying and neutering procedures for dogs and cats:

a.         A spay/neuter clinic operated by the county or city.

b.         A spay/neuter clinic operated by a private organization under contract or other arrangement with the county or city.

c.         A contract or contracts with one or more veterinarians, whether or not located within the county, to provide reduced‑cost spaying and neutering procedures.

d.         Subvention of the spaying and neutering costs incurred by low‑income pet owners through the use of vouchers or other procedure that provides a discount of the cost of the spaying or neutering procedure fixed by a participating veterinarian or other provider.

e.         Subvention of the spaying and neutering costs incurred by persons who adopt a pet from an animal shelter operated by or under contract with the county or city.

(2)       Reserved for future codification purposes.

(b)       For purposes of this Article, the term "low‑income person" shall mean an individual who qualifies for one or more of the programs of public assistance administered by the Department of Health and Human Services pursuant to Chapter 108A of the General Statutes. Statutes or whose annual household income is under two hundred percent (200%) of the federal poverty level guidelines published by the United States Department of Labor.

(c)       Each county shall make rules or publish guidelines that designate what proof a low‑income person must submit to establish that the person qualifies for public assistance under subsection (b) of this section or has an annual household income lower than two hundred percent (200%) of the federal poverty level guidelines published by the United States Department of Labor."

SECTION 1.(e)  Section 19A‑64 reads as rewritten:

"§ 19A‑64.  Distributions to counties and cities from Spay/Neuter Account.

(a)       Reimbursable Costs. – Counties and cities eligible for distributions from the Spay/Neuter Account may receive reimbursement for the direct costs of a spay/neuter surgical procedure for a dog or cat owned by a low‑income person meeting the Department's eligibility requirements for spay/neuter services. as defined in G.S. 19A‑63(b). Reimbursable costs shall include anesthesia, medication, and veterinary services. Counties and cities shall not be reimbursed for the administrative costs of providing reduced‑cost spay/neuter services or capital expenditures for facilities and equipment associated with the provision of such services.

(b)       Application. – A county or city eligible for reimbursement of spaying and neutering costs from the Spay/Neuter Account shall apply to the Department of Health and Human Services Agriculture and Consumer Services by the last day of January, April, July, and October of each year to receive a distribution from the Account for that quarter. The application shall be submitted in the form required by the Department and shall include an itemized listing of the costs for which reimbursement is sought.

(c)       Distribution. – The Department shall make payments from the Spay/Neuter Account to eligible counties and cities who have made timely application for reimbursement within 30 days of the closing date for receipt of applications for that quarter. In the event that total requests for reimbursement exceed the amounts available in the Spay/Neuter Account for distribution, the monies available will be distributed as follows:

(1)       Fifty percent (50%) of the monies available in the Spay/Neuter Account shall be reserved for reimbursement for eligible applicants within development tier one areas as defined in G.S. 143B‑437.08. The remaining fifty percent (50%) of the funds shall be used to fund reimbursement requests from eligible applicants in development tier two and three areas as defined in G.S. 143B‑437.08.

(2)       Among the eligible counties and cities in development tier one areas, reimbursement shall be made to each eligible county or city in proportion to the number of dogs and cats that have received rabies vaccinations during the preceding fiscal year in that county or city as compared to the number of dogs and cats that have received rabies vaccinations during the preceding fiscal year by all of the eligible applicants in development tier one areas. pursuant to rules adopted by the Department.

(3)       Among the eligible counties and cities in development tier two and three areas, reimbursement shall be made to each eligible county or city in proportion to the number of dogs and cats that have received rabies vaccinations during the preceding fiscal year in that county or city as compared to the number of dogs and cats that have received rabies vaccinations during the preceding fiscal year by all of the eligible applicants in development tier two and three areas. pursuant to rules adopted by the Department.

(4)       Should funds remain available from the fifty percent (50%) of the Spay/Neuter Account designated for development tier one areas after reimbursement of all claims by eligible applicants in those areas, the remaining funds shall be made available to reimburse eligible applicants in development tier two and three areas."

SECTION 1.(f)  Section 19A‑65 reads as rewritten:

"§ 19A‑65.  Annual Report Required From Every Animal Shelter in Receipt of State or Local Funding.

Every county or city animal shelter, or animal shelter operated under contract with a county or city or otherwise in receipt of State or local funding shall prepare an annual report setting forth the numbers, by species, of animals received into the shelter, the number adopted out, the number returned to owner, and the number destroyed. The report shall also contain the total operating expenses of the shelter and the cost per animal handled. The report shall be filed with the Department of Health and Human Services Agriculture and Consumer Services by August 1 March 1 of each year. A city or county that does not timely file the report required by this section is not eligible to receive reimbursement payments under G.S. 19A‑64 during the calendar year in which the report was to be filed.

SECTION 2.(a)  There is appropriated from the General Fund to the Department of Agriculture and Consumer Services the sum of two million dollars ($2,000,000) for the 2008‑2009 fiscal year for the purpose of funding the Spay/Neuter fund established under G.S. 19A‑62(a). These funds are in addition to the funds available from the Spay/Neuter Account under G.S. 19A‑62(b) and any funds transferred in Section 1 of this act. Funds appropriated in this section shall not revert but may be used by the Department during the 2009‑2011 biennium. It is the intention of the General Assembly to appropriate for the 2009‑2011 biennium for the purpose of funding the Spay/Neuter Account the sum of two million dollars ($2,000,000) for the 2009‑2010 fiscal year and the sum of two million dollars ($2,000,000) for the 2010‑2011 fiscal year.

SECTION 2.(b)  Prior to January 1, 2009, the Department shall notify counties and cities that have, prior to that notification deadline, established eligibility for distribution of funds from the Spay/Neuter Account pursuant to G.S. 19A‑63, of the following:

(1)       The amount of funding in the Spay and Neuter Account  the Department that will have available for distribution to each county or city receiving notification to pay reimbursement requests submitted by the county or city during the calendar year following the notification deadline; and

(2)       The amount of additional funding, if any, the Department estimates, but does not guarantee, may be available to pay reimbursement requests submitted by the notified county or city to the Department during the calendar year following the notification deadline.

SECTION 3.  G.S. 106‑284.40 is amended by adding a new subsection to read:

"(d)      To the extent not applied to cover the costs of inspection of canned pet food and commercial feeds, fees and other receipts collected under this section shall be applied to implement the Local Spay/Neuter Assistance Program created by G.S. 19A‑61(2)."

SECTION 4.  G.S. 130A‑190(b) reads as rewritten:

"(b)      Fee. – Rabies vaccination tags, links, and rivets may be obtained from the Department. Department of Health and Human Services. The Secretary is authorized to establish by rule a fee for the rabies tags, links, and rivets in accordance with this subsection. The fee for each tag is the sum of the following:

(1)       The actual cost of the rabies tag, links, and rivets.

(2)       Transportation costs.

(3)       Five cents (5¢). This portion of the fee shall be used to fund rabies education and prevention programs.

(4)       Twenty cents (20¢). This portion of the fee shall be credited to the Spay/Neuter Account established in G.S. 19A‑62 and used to fund statewide spay/neuter programs. This portion of the fee shall not be imposed for tags provided to persons who operate establishments primarily for the purpose of boarding or training hunting dogs or who own and vaccinate 10 or more dogs per year."

SECTION 5.  This act becomes effective July 1, 2008.

HOUSE BILL 2403*

 

Short Title:     Regulate Dangerous Animals.		(Public)
Sponsors:	Representatives Jones; and Church.
Referred to:	Wildlife Resources, if favorable, Judiciary III.

May 26, 2008

A BILL TO BE ENTITLED

AN ACT providing for the protection of the public against the health and safety risks posed by inherently dangerous wild animals, to protect the welfare of inherently dangerous wild animals, and to authorize a fee for registering inherently dangerous wild animals.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 6 of Chapter 153A of the General Statutes is amended by adding a new section to read:

"§ 153A‑131.1  Possession or harboring of inherently dangerous wild animals.

(a)       Definitions. – The following definitions apply in this section:

(1)       "Animal control authority" means the agency designated by the county to administer ordinances regulating, restricting, or prohibiting the possession of inherently dangerous wild animals. The animal control agency may be a municipal or county animal control agency, county sheriff, or other agency designated by the county.

(2)       "Direct contact" means any situation in which an individual may touch or come into physical contact with an inherently dangerous wild animal or the primary enclosure containing the animal.

(3)       "Inherently dangerous wild animal" means any of the members of the Order Carnivora listed below and any hybrids of these animals unless otherwise specified:

a.         Family Canidae – only wolves, not including wolf hybrids.

b.         Family Felidae – only lions, tigers, cheetahs, jaguars, cougars, leopards, snow leopards, and clouded leopards.

c.         Family Hyaenidae – all hyena species.

d.         Family Ursidae – all bear species.

(4)       "Person" means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity and any employee, agent, or representative of the entity.

(5)       "Possessor" means any person who owns, possesses, keeps, harbors, brings into the State, acts as a custodian of, or has custody or control of an inherently dangerous wild animal.

(6)       "Qualified United States Department of Agriculture (USDA) Class A or Class B license holder" means a person who, as of January 1, 2009, holds a USDA Class A or B license and meets the following conditions:

a.         The license holder's USDA license remains in good standing with the USDA.

b.         The license holder has on hand appropriate drugs for chemical immobilization and has a member of staff who has firearms training and proficiency in order to recapture an escaped inherently dangerous wild animal.

c.         The license holder does not allow direct contact between inherently dangerous wild animals and any person, which includes but is not limited to, members of the public and the owner's family and friends, other than the person possessing the animal, the designated handler(s), or a veterinarian administering medical examination, treatment, or care; provided that a license holder may allow direct contact between members of the public and animals that are at least 8 weeks old but less than 16 weeks old.

d.         The license holder provides the county with a copy of the annual license renewal and, within five days of receipt, a copy of any inspection report, notice of violation, fine, or other disciplinary action by the USDA against the license holder.

(7)       "Qualified United States Department of Agriculture (USDA) Class C license holder" means a person who, as of January 1, 2009, holds a USDA Class C license, meets the conditions set forth in subdivision (6) of this subsection, and whose facility housing an inherently dangerous wild animal is open to the public or the license holder provides programs featuring an inherently dangerous wild animal to the public off-site.

(8)       "Wildlife sanctuary" means a facility that cares for inherently dangerous wild animals and:

a.         Was incorporated and qualified as a corporation that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of the Code on or before January 1, 2009;

b.         Does not commercially trade in animals listed as inherently dangerous wild animals, including the offspring, parts, and by‑products of such animals;

c.         Does not propagate inherently dangerous wild animals; and

d.         Does not allow direct contact between the public and inherently dangerous wild animals.

(b)       Ordinances. – A county shall by ordinance regulate, restrict, or prohibit the possession or harboring of inherently dangerous wild animals provided that a county may not prohibit the possession of inherently dangerous wild animals by a qualified USDA Class A, Class B, or Class C license holder, or by a wildlife sanctuary. Ordinances adopted shall be effective no later than June 30, 2009. Ordinances regulating or restricting the possession or harboring of inherently dangerous wild animals shall include provisions requiring the person possessing an inherently dangerous wild animal to:

(1)       Register with the local animal control authority within 30 days of the effective date of the ordinance or within 30 days of acquiring an inherently dangerous wild animal. Registration shall include the possessor's name, address, telephone number, and a list of each inherently dangerous wild animal in the person's possession. Persons acquiring additional animals after the date of the original registration shall register those animals within 10 days of the acquisition. Registrations shall be updated annually and subject to fees as provided in subsection (h) of this section.

(2)       Provide an inventory of each inherently dangerous wild animal held including (i) the species of each regulated animal; (ii) photographs of the animal, including photographs of any marks or distinctive characteristics of the animal, for example the whisker spots on the nose of a lion, a unique coat pattern such as the stripes on a tiger, scarring or other identifying feature; (iii) the exact location where each animal is kept; and (iv) the age, sex, color, weight, and any other distinguishing marks of each regulated animal.

(3)       Obtain and maintain a liability insurance policy with an insurer authorized or approved to write such insurance in this State that covers claims for injury or damage to persons or property in an amount of not less than two hundred fifty thousand dollars ($250,000). In the alternative, a possessor may obtain a bond from a solvent surety in the amount of two hundred fifty thousand dollars ($250,000). The possessor shall present proof of possession and maintenance of liability insurance or bond upon request to the animal control or law enforcement authority within 24 hours of the request.

(4)       Develop and maintain, at the location where the inherently dangerous wild animal is kept, a written plan for the quick and safe recapture or destruction of the animal in the event the animal escapes. This plan shall also be filed with the animal control authority, local sheriff's department, and police department, if applicable.

(5)       Notify the animal control authority, the local sheriff's department, and police department, if applicable, immediately upon discovery that an inherently dangerous wild animal has escaped. The possessor of the animal shall be liable for any and all costs associated with the escape, capture, and disposition of a permitted animal.

(6)       Notify the animal control authority of a transfer of ownership, possession, or location of an inherently dangerous wild animal or the death of such an animal.

(c)       Compliance with Other Laws. – In addition to meeting the county ordinance requirements, a person possessing an inherently dangerous wild animal shall comply with any and all applicable federal, State, or local laws, rules, regulations, or ordinances. Failure to comply with any applicable law, rule, regulation, or ordinance constitutes a violation of this section.

(d)       Enforcement. – The animal control authority and its staff and agents, local law enforcement agents, county sheriffs, and federal or State wildlife enforcement officers may enforce the provisions of the county ordinance.

(e)       Inspection. – The possessor of an inherently dangerous wild animal shall allow, at all reasonable times, the animal control authority or other persons designated under subsection (d) of this section, to enter the premises where the animal is kept to ensure compliance with the county ordinance.

(f)        Confiscation and disposition. –

(1)       The animal control authority or other persons designated under subsection (d) of this section may confiscate an inherently dangerous wild animal under the following conditions: (i) the animal poses a public safety or health risk; (ii) the animal is in poor health and condition as a result of the owner's actions or inaction; or (iii) the animal is being held in violation of the provisions of the ordinance.

(2)       An inherently dangerous wild animal confiscated under this section may be returned to the possessor only if the animal control authority or other persons designated under subsection (d) of this section establishes that the return does not pose a public safety or health risk and the possessor is in compliance with the ordinance.

(3)       The animal control authority or other persons designated under subsection (d) of this section shall serve notice upon the possessor in person or by regular and certified mail, return receipt requested, of the confiscation, that the possessor is responsible for payment of reasonable costs for caring and providing for the animal during the confiscation, and that the possessor must meet the requirements of the county ordinance in order for the animal to be returned to the possessor.

(4)       If an inherently dangerous wild animal confiscated under this section is not returned to the possessor, the animal control authority or other persons designated under subsection (d) of this section may release the animal to a facility such as a wildlife sanctuary or a facility exempted pursuant to subsection (i) of this section. If the animal control authority or other person designated under subsection (d) of this section is unable to relocate the animal within a reasonable period of time, it may euthanize the animal.

(5)       If an inherently dangerous wild animal escapes or is released and poses an immediate threat to public safety, the animal control authority or other persons designated under subsection (d) of this section may exercise discretion in attempting to recapture the animal or in killing the animal.

(g)       Penalties. –

(1)       A person who violates any provision of an ordinance adopted under this section shall be guilty, on the first offense, of a Class 3 misdemeanor, punishable by a fine of up to five hundred dollars ($500.00). A second offense shall be a Class 2 misdemeanor punishable by a fine of up to two thousand five hundred dollars ($2,500). Subsequent offenses shall be Class 1 misdemeanors.

(2)       Deliberate release of an inherently dangerous wild animal shall be a Class 1 misdemeanor. Deliberate release of an inherently dangerous wild animal resulting in serious injury or death shall be a Class H felony.

(h)       Fees. – A county may charge a reasonable annual fee for the registration of an inherently dangerous wild animal. The fee shall not exceed fifty dollars ($50.00) per animal held by the possessor in the county, nor a total of more than two hundred fifty dollars ($250.00).

(i)        Exemptions. – The provisions of this Article do not apply to:

(1)       Institutions accredited by the American Zoo and Aquarium Association.

(2)       Duly incorporated nonprofit animal protection organizations temporarily housing an inherently dangerous wild animal at the written request of the animal control authority.

(3)       Federal or State wildlife enforcement officers acting under the scope of their authority.

(4)       Animal control authorities or law enforcement agencies or officers acting under the authority of this section.

(5)       Licensed veterinary hospitals or clinics.

(6)       A university, college, laboratory, or other research facility that holds a Class R registration pursuant to 9 Code of Federal Regulations (January 1 2007 Edition), provided that each facility shall provide written notice, updated annually, to the county in which it is located, listing the number and species of animals held at the facility.

(7)       Circuses that are incorporated and hold a Class C license pursuant to 9 Code of Federal Regulations Part 2 (January 1 2007 Edition) that are temporarily in this State and that offer performances by live animals, clowns, and acrobats for public entertainment. Circuses do not include persons, whether or not Class C licensees, who present any listed animal to the public as entertainment that includes wrestling, a photography opportunity with a patron, or an activity in which any listed animal and a patron are in direct contact with each other.

(8)       A person who does not reside in this State and is traveling through this State with an inherently dangerous wild animal if the transit time is not more than 72 hours and the animal is at all times maintained within a confinement sufficient to prevent the animal from escaping.

(9)       Indigenous species already regulated by the North Carolina Wildlife Resources Commission.

(10)     A "production company," as defined in G.S. 105‑164.3, that uses an inherently dangerous wild animal in the production of original motion pictures or television images for theatrical, commercial, advertising, or educational purposes.

(j)        Nothing in this section shall be construed as limiting, repealing, or preventing the enactment of any county ordinance adopted pursuant to G.S. 153A‑131 or other valid authority."

SECTION 2.  Article 8 of Chapter 160A of the General Statutes is amended by adding a new section to read:

"§ 160A‑187.1.  Possession or harboring of inherently dangerous wild animals.

A municipality shall by ordinance regulate, restrict, or prohibit the possession or harboring of inherently dangerous wild animals in accordance with the provisions of G.S. 153A‑131.1. Pursuant to G.S. 153A‑122, a municipality may, by resolution, elect to have the county ordinance applicable within the city and to allow enforcement of the county ordinance within the city. Nothing in this section shall be construed as limiting, repealing, or preventing the enactment of any municipal ordinance adopted pursuant to G.S. 160A‑187 or other valid authority."

SECTION 3.  There is appropriated to the North Carolina Department of Environment and Natural Resources for allocation to the North Carolina Zoological Park, the sum of five hundred thousand dollars ($500,000) for fiscal year 2008‑2009 for the Department, in consultation with the North Carolina State University College of Veterinary Medicine, to develop and provide training for local government officials charged with implementing the provisions of this act.

SECTION 4.  Section 3 of this act becomes effective July 1, 2008.  The remainder of this act becomes effective January 1, 2009, and applies to inherently dangerous wild animals existing in this State on or after that date.