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.