GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 1038

Short Title:  Animal Welfare Revisions.	(Public)

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Sponsors: Senator Gulley.

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Referred to:  Agriculture/Environment/Natural Resources

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May 4, 1995

A BILL TO BE ENTITLED
AN ACT TO CLARIFY JURISDICTIONAL AUTHORITY FOR ENFORCEMENT OF THE WELFARE AND CONTROL LAWS, TO ESTABLISH THE ANIMAL WELFARE DIVISION WITHIN THE DEPARTMENT OF AGRICULTURE, TO CREATE AN ANIMAL WELFARE ACT ENFORCEMENT FUND, TO REDUCE COSTS OF ANIMAL CONTROL BY REQUIRING CITIES AND COUNTIES TO CHARGE A LOWER ANIMAL TAX ON PETS THAT HAVE BEEN SPAYED OR NEUTERED, TO PROVIDE FOR LOCAL PROGRAMS FOR THE SPAYING AND NEUTERING OF ANIMALS, AND TO ESTABLISH A PET FUND WITHIN THE NEWLY CREATED ANIMAL WELFARE DIVISION TO PROVIDE ASSISTANCE TO THOSE PROGRAMS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 19A-23 reads as rewritten:
"§ 19A-23.  Definitions.
For the purposes of this Article, the following terms, when used in the Article or the rules or orders made pursuant thereto, shall be construed respectively to mean:
(1)	'Adequate feed' means the provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. Such foodstuff  shall be served in a sanitized receptacle, dish, or container.
(2)	'Adequate water' means a constant access to a supply of clean, fresh, potable water provided in a sanitary manner or  provided at suitable intervals for the species and not to exceed 24 hours at any interval.
(3)	'Ambient temperature' means the temperature surrounding the animal.
(4)	'Animal' means any domestic dog (Canis familiaris), domestic cat (Felis domestica).
(4a)	'Animal control officer' means a city or county employee designated as animal control officer, dog warden, or other designation that may be used, whose responsibility includes the seizing, impounding, or keeping custody of animals.
(5)	'Animal shelter' means a facility which is used to house or contain animals and which is under contract with, owned, operated, or maintained by a county, city, town, or other municipality, or by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals.
(5a)	'Boarding kennel' means a facility or establishment which regularly offers to the public the service of boarding dogs or cats or both for a fee. Such a facility or establishment may, in addition to providing shelter, food and water, offer  grooming or other services for dogs and/or cats.
(6)	'Commissioner' means the Commissioner of Agriculture of the State of North Carolina.
(7)	'Dealer' means any person who sells, exchanges, or donates, or offers to sell, exchange, or donate animals to the general public, another dealer, pet shop, or research facility; provided, however, that an individual who breeds and raises on his own premises no more than the offspring of two canine or feline females per year, unless bred and raised specifically for research purposes shall not be considered to be a dealer for the purposes of this Article.
(8)	'Director' means the Director of the Animal Welfare Division of the Department of Agriculture.
(9)	'Euthanasia' means the humane destruction of an animal accomplished by a method that involves rapid unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness.
(10)	'Housing facility' means any room, building, or area used to contain a primary enclosure or enclosures.
(11)	'Person' means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity.
(12)	'Pet shop' means a person or establishment that acquires for the purposes of resale animals bred by others whether as owner, agent, or on consignment, and that sells, trades or offers to sell or trade such animals to the general public at retail or wholesale.
(13)	'Primary enclosure' means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage compartment or hutch.
(14)	'Public auction' means any place or location where dogs or cats are sold at auction to the highest bidder regardless of  whether such dogs or cats are offered as individuals, as a group, or by weight.
(15)	'Research facility' means any place, laboratory, or institution at which scientific tests, experiments, or investigations involving the use of living animals are carried out, conducted, or attempted.
(16)	'Sanitize' means to make physically clean and to remove and destroy to a practical minimum, agents injurious to health."
Sec. 2.  G.S. 19A-24 reads as rewritten:
"§ 19A-24.  Powers of Board of Agriculture.
The Board of Agriculture may:
(1)	Establish standards for the care of animals at animal shelters, boarding kennels, pet shops, and public auctions.
(2)	Prescribe the manner in which animals may be transported to and from registered or licensed premises.
(3)	Require licensees and holders of certificates to keep records of the identity, confinement, and disposition of animals and to identify animals at their establishments on forms established by the Board in order to standardize that record keeping.
(4)	Adopt rules to implement this Article, including federal regulations promulgated under Title 7, Chapter 54, of the United States Code.
(5)	Require licensees and holders of certificates to submit records maintained pursuant to this Article to the Board on a periodic basis."
Sec. 3.  G.S. 19A-25 reads as rewritten:
"§ 19A-25.  Employees; investigations; right of entry.
(a)	For the enforcement of the provisions of this Article, the Director is authorized, subject to the approval of the Commissioner to appoint employees as are necessary in order to carry out and enforce the provisions of this Article, and to assign them interchangeably with other employees of the Animal Health Division. The Director shall cause the investigation of all reports of violations of the provisions of this Article, and the rules adopted pursuant to the provisions hereof; provided further, that if any person shall deny the Director or his representative admittance to his property, either person shall be entitled to secure from any superior court judge a court order granting such admittance.
(b)	Subsection (a) of this section applies to the enforcement of this Article and rules adopted under it as to animal shelters operated by counties or cities, subject to the following qualifications:
(1)	After having inspected such an animal shelter, the role of the Director is initially advisory, and the Director shall inform the operator of the animal shelter of violations that have been found and shall suggest methods of curing those violations.  In cases of violations which the Director finds life-threatening to animals, the county or city shall have 48 hours to make corrections.  In all other cases, the county or city shall have 60 days to make corrections.
(2)	Only if corrections are not made within the time periods specified in subdivision (1) of this subsection shall the Director have the authority to bring a civil action, including an action seeking prohibitory and mandatory injunctive relief, to enforce provisions of the Animal Welfare Act and rules adopted under it."
Sec. 4.  G.S. 19A-36 reads as rewritten: 
"§ 19A-36.  Penalty for violation of Article by animal control officer.
The killing of a dog or other pet by any means not consistent with the definition of euthanasia contained in G.S. 19A-12, except in an emergency, and the violation of any provision of this Article which relates to the seizing, impoundment, and custody of an animal by an animal control officer shall constitute a Class 3 misdemeanor and the person convicted thereof shall be subject to a fine of not less than one hundred dollars ($100.00) and not more than two hundred dollars ($200.00), and each animal handled in violation shall constitute a separate offense."
Sec. 5.  Article 34 of Chapter 106 of the General Statutes is amended by adding a new Part to read:
"Part 6A.  Animal Welfare Act Enforcement Fund.
"§ 106-363.5.  Fund established; money for Animal Welfare Division and grants to local governments through Pet Fund.
	(a)	The Animal Welfare Act Enforcement Fund is established in the Animal Welfare Division of the Department of Agriculture.  The Department of Agriculture shall be responsible for receipt and disbursement of all funds in the Animal Welfare Act Enforcement Fund, as provided in this section.
(b)	Monies in the Animal Welfare Act Enforcement Fund shall be used annually for personnel and administrative costs incurred by the Animal Welfare Division of the Department of Agriculture in enforcing the provision of the Animal Welfare Act.
(c)	Monies in the Fund in excess of personnel and administrative costs shall be deposited in the Pet Fund provided for in G.S. 19A-22."
Sec. 6.  G.S. 19A-38 reads as rewritten:
"§ 19A-38. Use of license fees.
All license fees collected shall be deposited in the Animal Welfare Act Enforcement Fund established in G.S. 106-363.5."
Sec. 7.  G.S. 130A-190 reads as rewritten:
"§ 130A-190.  Rabies vaccination tags.
(a)	A licensed veterinarian or a certified rabies vaccinator who administers rabies vaccine to a dog or cat shall issue a rabies vaccination tag to the owner of the animal. The rabies vaccination tag shall show the year issued, a vaccination number, the words 'North Carolina' or the initials 'N.C.' and the words 'rabies vaccine.'  Dogs and cats shall wear rabies vaccination tags at all times.  However, cats may be exempted from wearing the tags by local ordinance.
(b)	Rabies vaccination tags, links and rivets may be obtained from the Department.  The Secretary is authorized to establish by rule a fee for the rabies tags, links and rivets.  The fee shall not exceed the actual cost of the rabies tags, links and rivets, plus transportation costs, as determined by the Secretary, except that the Secretary shall add to the fee for each tag sold the sum of seventy-five cents (75¢).
(c)	Rabies tags, links, and rivets shall be sold at cost plus seventy-five cents (75¢) only to licensed veterinarians, public health departments, and clinics with licensed veterinarians.
(d)	The seventy-five cent (75¢) portion of the fee for each tag in excess of its cost collected by the Secretary shall be deposited in the Animal Welfare Act Enforcement Fund of the Animal Welfare Division created by G.S. 106-363.5."
Sec. 8.  G.S. 153A-153 reads as rewritten:
"§ 153A-153.  Animal tax.
(a)	A county may levy an annual license tax on the privilege of keeping dogs and other pets within the county.  However, on and after January 1, 1997, any annual license tax on the privilege of keeping a dog age six months or older that has not been spayed or neutered shall be at least four times the annual license tax on the privilege of keeping a dog that has been spayed or neutered.
(b)	At least one-third of the proceeds from the annual license tax on the privilege of keeping a dog, as authorized in subsection (a) of this section, shall be expended in one or more of the following ways:
(1)	Operation of a spaying and neutering clinic open to residents of the county in which the license tax is collected;
(2)	Operation of a voucher program through which the animal control officer of the county issues vouchers entitling recipients to reduced rates for the spaying and neutering of animals by licensed veterinarians participating in such a program;
(3)	Contribution to a reduced-cost spay and neuter program operated locally and serving county residents voluntarily established by the North Carolina Veterinary Medical Association or its county or area units, Friends of Animals, Spay U.S.A., or other nonprofit organization, which program is determined annually by the Animal Welfare Division to provide substantially the same benefits as would a voucher program organized by the county under subdivision (2) of this subsection.  Contributions made under this subdivision shall be applied exclusively to reduce the cost of procedures charged to animal owners residing within the county; or
(4)	Transmittal of the funds to the Animal Welfare Division of the Department of Agriculture for deposit in the Pet Fund administered by the Division.
Veterinarians participating in a voucher system established pursuant to subdivision (2)	of this subsection shall receive no more than eighty percent (80%) of the average fee charged by veterinarians in that county for spaying and neutering, as determined by the Animal Welfare Division, for each spaying or neutering procedure performed.  However, a county may by local ordinance provide that to be entitled to the eighty percent (80%) fee the owner of an animal shall certify that payment of the full fee would impose financial hardship on the owner.  Vouchers to obtain spay and neuter services at the eighty percent (80%) rate shall be sold at a cost below that fee, based on available dog tax revenues, to all residents of the county unless the county by local ordinance provides that vouchers shall be sold at a cost below the eighty percent (80%) rate only to persons satisfying a needs test set forth in the ordinance.
A county clinic established under subdivision (1)	of this subsection may be operated at a government-owned or leased facility or at the premises of a veterinarian who contracts with the county to operate the clinic.  The clinic shall charge fees for spay and neuter procedures no greater than would be charged under the voucher program authorized by subdivision (2) of this subsection.
(c)	An owner of five or more dogs may register annually with the Animal Welfare Division as a 'registered dog breeder' on forms to be provided by the Division.  Registration shall be made by January 31 of the calendar or fiscal tax year for the applicable animal tax and be accompanied by payment of an annual twenty-five dollar ($25.00) registration fee.  These fees shall be deposited in the Pet Fund provided for in G.S. 19A-22.  The animal tax on all dogs owned by a registered dog breeder shall be calculated as if that owner's dogs were spayed or neutered."
Sec. 9.  G.S. 160A-212 reads as rewritten:
"§ 160A-212.  Animal taxes.
(a)	A city shall have power to levy an annual license tax on the privilege of keeping any domestic animal, including dogs and cats, within the city. However, on and after January 1, 1997, any annual license tax on the privilege of keeping a dog age six months or older that has not been spayed or neutered shall be at least four times the annual license tax on the privilege of keeping a dog that has been spayed or neutered.  This section shall not limit the city's authority to enact ordinances under G.S. 160A-186.
	(b)	At least one-third of the proceeds from the annual license tax on the privilege of keeping a dog, as authorized in this subsection, shall be expended in one or more of the following ways:
(1)	Operation of a spaying and neutering clinic open to residents of the city in which the license tax is collected;
(2) 	Operation of a voucher program through which the animal control officer of the city issues vouchers entitling recipients to reduced rates for the spaying and neutering of animals by licensed veterinarians participating in such a program;
(3)	Contribution to a reduced-cost spay and neuter program operated locally and serving city residents voluntarily established by the North Carolina Veterinary Medical Association or its county or area units, Friends of Animals, Spay U.S.A., or other nonprofit organization, which program is determined annually by the Animal Welfare Division to provide substantially the same benefits as would a voucher program organized by the city under subdivision (2) of this subsection.  Contributions made under this subdivision shall be applied exclusively to reduce the cost of procedures charged to animal owners residing within the city; or
(4)	Transmittal of the funds to the Animal Welfare Division of the Department of Agriculture for deposit in the Pet Fund administered by the Division.
Veterinarians participating in a voucher system established pursuant to subdivision (2)	of this subsection shall receive no more than eighty percent (80%) of the average fee charged by veterinarians in the city in which the license tax is collected for spaying and neutering, as determined by the Animal Welfare Division, for each spaying or neutering procedure performed.  However, a city may by local ordinance provide that to be entitled to the eighty percent (80%) fee the owner of an animal shall certify that payment of the full fee would impose financial hardship on the owner.  Vouchers to obtain spay and neuter services at the eighty percent (80%) rate shall be sold at a cost below that fee, based on available dog tax revenues, to all residents of the city unless the city by local ordinance provides that vouchers shall be sold at a cost below the eighty percent (80%) rate only to persons satisfying a needs test set forth in the ordinance.
A city clinic established under subdivision (1)	of this subsection may be operated at a government-owned or leased facility or at the premises of a veterinarian who contracts with the city to operate the clinic.  The clinic shall charge fees for spay and neuter procedures no greater than would be charged under the voucher program authorized by subdivision (2) of this subsection.
(c)	An owner of five or more dogs may register annually with the Animal Welfare Division as a 'registered dog breeder' on forms to be provided by the Division.  Registration shall be made by January 31 of the calendar or fiscal tax year for the applicable animal tax and be accompanied by payment of an annual twenty-five dollar ($25.00) registration fee.  These fees shall be deposited in the Pet Fund provided for in G.S. 19A-22.  The animal tax on all dogs owned by a registered dog breeder shall be calculated as if that owner's dogs were spayed or neutered."
Sec. 10.  G.S. 19A-22 reads as rewritten:
"§ 19A-22.  Animal Welfare Division of Department of Agriculture created; Director.
(a)	There is hereby created within the Animal Health Division of the North Carolina Department of Agriculture, a new section thereof, to be known as the Animal Welfare Section of said division.
Effective January 1, 1996, the Animal Welfare Section of the Animal Health Division of the Department of Agriculture is separated from the Animal Health Division and established as the Animal Welfare Division of the Department.
The Commissioner of Agriculture is hereby authorized to appoint a Director of said Division whose duties and authority shall be determined by the Commissioner subject to the approval of the Board of Agriculture and subject to the provisions of this Article.
(b)	There is established within the Animal Welfare Division a Pet Fund to provide assistance to cities and counties in maintaining spaying and neutering clinics.  Monies from the Pet Fund shall be distributed to cities and counties to fund the spaying and neutering clinics, voucher programs, or voluntary programs established pursuant to G.S. 153A-153(b) and G.S. 160A-212(b) based upon need as demonstrated to the Director or to the pet officer appointed in subsection (c) of this section.  The Director, or pet officer if appointed, may authorize a recipient county or city to use a specified portion of funds received for education concerning the effects of and need for the spaying and neutering of pets.
(c)	The Animal Welfare Division may appoint a pet officer whose responsibilities shall include distribution of funds to city and county neutering clinics, voucher programs, and voluntary programs established pursuant to G.S. 153A-153(b) and G.S. 160A-212(b), the approval of voluntary spay and neuter programs pursuant to G.S. 153A-153(b)(3) and G.S. 160A-212(b)(3), maintenance of records for the clinics and programs, and the provision of advisory assistance to the clinics and programs.  The pet officer shall provide an annual report to the General Assembly on the activities of the local spaying and neutering clinics and programs."
Sec. 11.  G.S. 130A-192 reads as rewritten:
"§ 130A-192.  Dogs and cats not wearing required rabies vaccination tags.
(a)	The Animal Control Officer shall canvass the county to determine if there are any dogs or cats not wearing the required rabies vaccination tag. If a dog or cat is found not wearing the required tag, the Animal Control Officer shall check to see if the owner's identification can be found on the animal. If the animal is wearing an owner identification tag, or if the Animal Control Officer  otherwise knows who the owner is, the Animal Control Officer shall notify the owner in writing to have the animal vaccinated against rabies and to produce the required rabies vaccination certificate to the Animal Control Officer within three days of the notification. If the animal is not wearing an owner identification tag and the Animal Control Officer does not otherwise know who the owner is, the Animal Control Officer may impound the animal. The duration of the impoundment of these animals and the impoundment of animals described in subsection (b) of this section shall be established by the county board  of commissioners, but the duration shall not be less than 72 hours. During the impoundment period, the Animal Control Officer shall make a reasonable effort to locate the owner of the animal. If the animal is not reclaimed by its owner during the impoundment period, the animal shall be disposed of in one of the following manners: returned to the owner; adopted as a pet by a new owner; sold to institutions within this State registered by the United States Department of Agriculture pursuant to the Federal Animal Welfare Act, as amended; or put to death by a procedure approved by the American Veterinary Medical Association, the Humane Society of the United States or of the American Humane Association. The Animal Control Officer shall maintain a record of all animals impounded under this section which shall include the date of impoundment, the length of impoundment, the method of disposal of the animal and the name of the person or institution to whom any animal has been released.
(b)	The provisions of subsection (a) of this section concerning the duration of impoundment and method of disposal of animals also apply to animals that are wearing the required rabies vaccination tag or identification tag when taken into custody by an animal control officer or an animal shelter, as those terms are defined in G.S. 19A-23, and to an animal that is voluntarily surrendered by its owner or by one having possession of the animal to an animal control officer or an animal shelter."
Sec. 12.  This act becomes effective January 1, 1996.