A BILL TO BE ENTITLED
AN ACT to require owners of Some dangerous dogs to provide proof of financial responsibility.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 67‑4.1 reads as rewritten:
"§ 67‑4.1.  Definitions; exclusions.
(a)	Unless the context clearly requires otherwise and except as modified in subsection (b) of this section, the following terms apply in this Article:
(1)	Dangerous dog. – A dog to which one or more of the following applies:
a.		The dog without provocation has killed or inflicted severe injury on a person.
	
b.	The dog is owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
c.	A dangerous dog board has determined that the dog is a dangerous dog because the dog has inflicted severe injury on a person.
(1a)	Appeals board. – The person or entity designated under G.S. 67‑4.1A(c) to hear appeals regarding determinations made by a dangerous dog board.
(1b)	Dangerous dog board or board. – The person or entity designated under G.S. 67‑4.1A(a) to make determinations regarding whether a dog is a dangerous dog.

	
	(3)	Owner. – Any person or legal entity that has a possessory property right in a dog.
(4)	Owner's real property. – Any real property owned or leased by the owner of the dog, but does not include any public right‑of‑way or a common area of a condominium, apartment complex, or townhouse development.
(5)	Severe injury. – Any physical injury that results in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization.
(6)	Surety. – As defined in G.S. 15A‑531(8).
(b)	The provisions of this Article do not apply to any of the following:
(1)	A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties.
(2)	A dog being used in a lawful hunt.
(3)	A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.
(4)	A dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort; was tormenting, abusing, or assaulting the dog; had tormented, abused, or assaulted the dog; or was committing or attempting to commit a crime.
	"
SECTION 2.  Article 1A of Chapter 67 of the General Statutes is amended by adding two new sections to read:
"§ 67‑4.1A.  Dangerous dog board.
(a)	The county or municipal authority responsible for animal control shall designate a dangerous dog board. The board shall be responsible for determining whether a dog is a dangerous dog as defined in G.S. 67‑4.1(a)(1)c. The board may make a determination that a dog is a dangerous dog under G.S. 67‑4.1(a)(1)a. or (a)(1)b. Notwithstanding any other provision of law and regardless of whether a dangerous dog board has made any determination, a dog shall be considered a dangerous dog for purposes of this Article if the provisions of either G.S. 67‑4.1(a)(1)a. or (a)(1)b. apply to the dog.
(b)	The board shall provide written notification to the owner at least three days prior to making any determination under this Article. The notification shall state the reasons the board is considering making a determination. If a board determines that a dog is a dangerous dog, it shall provide the owner with written notification of the reasons for that determination and a copy of this Article.
(c)	The county or municipal authority responsible for animal control shall also designate a separate appeals board to hear any appeal from a determination made by a dangerous dog board. An owner may appeal a determination by a dangerous dog board by filing written objections with the appeals board within three days of the dangerous dog board's determination. The appeals board shall schedule a hearing within 10 days of the filing of the objection.
(d)	An owner may appeal from the final decision of the appeals board by filing a notice of appeal and petition for review with the superior court within 10 days of the final decision of the appeals board. Appeals from rulings of the appeals board shall be heard in the superior court division. The appeal shall be heard de novo before a superior court judge sitting in the county in which the appellate board whose ruling is being appealed is located.
"§ 67‑4.1B.  Proof of financial responsibility.
(a)	Upon a determination by a dangerous dog board that a dog is a dangerous dog, the board shall require the dog owner to demonstrate proof of financial responsibility to indemnify persons suffering damages as the result of personal injuries inflicted or other damage caused by the dangerous dog. The amount of financial responsibility shall be five thousand dollars ($5,000). Proof of financial responsibility may be demonstrated by any of the following methods:
(1)	A cash deposit to be held by the clerk of court.
(2)	A bond by at least one solvent surety.
(3)	A policy of liability insurance.
(b)	The deposit, bond, or policy of liability insurance shall be conditioned for payment to a third party for any personal injuries inflicted or other damage subsequently caused by the dangerous dog. Nothing in this section shall limit the strict liability of an owner under G.S. 67‑4.4 for damages caused by a dangerous dog. An owner who is required to provide proof of financial responsibility under this section shall upon demand present to an animal control officer evidence of that proof. 
(c)	The owner shall provide to the dangerous dog board the required proof within five days of the board determining that the dog is dangerous under subsection (a) of this section. An appeal under G.S. 67‑4.1A(c) of a determination by the dangerous dog board that a dog is a dangerous dog shall not stay the owner's obligation to provide proof of financial responsibility. 
(d)	Failure by the owner to provide proof of financial responsibility as required in this section or failure by the owner to produce evidence of the required proof upon demand by an animal control officer shall be grounds for the dangerous dog board to order that the dog be taken into custody and destroyed."
SECTION 3.  This act becomes effective October 1, 2007, and applies to determinations made by a dangerous dog board on or after that date.