RECODIFY ANIMAL SHELTER LAW.

View NCGA Bill Details2013-2014 Session
Senate Bill 626 (Public) Filed Tuesday, April 2, 2013
A BILL TO BE ENTITLED AN ACT TO RECODIFY AND AMEND THE EXISTING LAW ENACTED TO ASSIST OWNERS IN RECOVERING LOST PETS, RELIEVE OVERCROWDING AT ANIMAL SHELTERS, FACILITATE ADOPTIONS FROM ANIMAL SHELTERS, AND TO PROVIDE FOR IMPROVED ENFORCEMENT OF THAT LAW BY MAKING IT PART OF THE ANIMAL WELFARE ACT; AND TO ESTABLISH A CAP ON THE REIMBURSEMENT AMOUNT AVAILABLE FROM THE SPAY/NEUTER PROGRAM; AND TO PROVIDE FOR THE PROTECTION OF ANIMALS CONFINED IN MOTOR VEHICLES UNDER CIRCUMSTANCES THAT THREATEN THE ANIMALS' HEALTH.
Intro. by McKissick, Jackson, Meredith.

Status: Ch. SL 2013-377 (Senate Action) (Jul 29 2013)

SOG comments (3):

Current rabies law

This bill moves some substantive requirements from the rabies law in GS Chapter 130 (the public health law) to GS Chapter 19A (animal welfare law). Some of these provisions relate to impounding animals that have not been picked up for violating the rabies law but rather for violating other laws (such as stray and nuisance animals).  Why were these animals addressed in the rabies law in the first place?  I suspect it is because the rabies law was the only place one could find requirements related to minimum holding periods for impounding animals. When these substantive provisions were added in 2009, they simply expanded law that was already in place to encompass more categories of animals. Moving these provisions to Chapter 19A shifts oversight responsibility at the state level from the Division of Public Health in NC DHHS to the Animal Welfare Section in the NC Dept. of Agriculture and Consumer Services. For more information about the rabies law, see this Local Government Law Bulletin.

Long Title

House committee substitute to the 2nd edition made changes to the long title. The original title is as follows:

A BILL TO BE ENTITLED AN ACT TO RECODIFY AND AMEND THE EXISTING LAW ENACTED TO ASSIST OWNERS IN RECOVERING LOST PETS, RELIEVE OVERCROWDING AT ANIMAL SHELTERS, AND FACILITATE ADOPTIONS FROM ANIMAL SHELTERS, AND TO PROVIDE FOR IMPROVED ENFORCEMENT OF THAT LAW BY MAKING IT PART OF THE ANIMAL WELFARE ACT.

Long title change.

House amendment changes the long title. The previous long title is found below:

A BILL TO BE ENTITLED AN ACT TO RECODIFY AND AMEND THE EXISTING LAW ENACTED TO ASSIST OWNERS IN RECOVERING LOST PETS, RELIEVE OVERCROWDING AT ANIMAL SHELTERS, FACILITATE ADOPTIONS FROM ANIMAL SHELTERS, AND TO PROVIDE FOR IMPROVED ENFORCEMENT OF THAT LAW BY MAKING IT PART OF THE ANIMAL WELFARE ACT; AND TO ESTABLISH A CAP ON THE REIMBURSEMENT AMOUNT AVAILABLE FROM THE SPAY/NEUTER PROGRAM

S 626/S.L. 2013-377

Bill Summaries:

  • Summary date: Jul 30 2013 - More information

     AN ACT TO RECODIFY AND AMEND THE EXISTING LAW ENACTED TO ASSIST OWNERS IN RECOVERING LOST PETS, RELIEVE OVERCROWDING AT ANIMAL SHELTERS, FACILITATE ADOPTIONS FROM ANIMAL SHELTERS, AND TO PROVIDE FOR IMPROVED ENFORCEMENT OF THAT LAW BY MAKING IT PART OF THE ANIMAL WELFARE ACT; AND TO ESTABLISH A CAP ON THE REIMBURSEMENT AMOUNT AVAILABLE FROM THE SPAY/NEUTER PROGRAM; AND TO PROVIDE FOR THE PROTECTION OF ANIMALS CONFINED IN MOTOR VEHICLES UNDER CIRCUMSTANCES THAT THREATEN THE ANIMALS' HEALTH. Enacted July 29, 2013. Section 4 is effective October 1, 2013. Section 5 is effective January 1, 2014. The remainder is effective July 29, 2013.


  • Summary date: Jul 17 2013 - More information

    House amendment makes the following changes to the 3rd edition.

    Amends the long title.

    Adds a new section GS 14-363.3, confinement of animals in motor vehicles, providing that animal control officers and animal cruelty investigators, as well as law enforcement officers, firefighters, and rescue squad workers, can enter motor vehicles by any reasonable means after making a reasonable effort to locate the owner or other responsible person if probable cause exists to believe that an animal is confined in a motor vehicle under conditions that are likely to cause suffering, injury, or death to the confined animal due to heat, cold, lack of ventilation, or other endangering conditions.


  • Summary date: Jul 16 2013 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Amends the long title.

    Amends proposed GS 19A-32.1, concerning minimum holding periods for animals, providing that an animal must be held for a minimum of 72 hours, or longer pursuant to established local ordinances, prior to being euthanized or otherwise disposed of (previously, required a minimum holding period of 96 hours, but allowed a hold for 72 hours if the shelter posted at least one descriptive photograph of the animal on its website or specified website, with the photograph remaining published until the animal is euthanized or disposed of).

    Amends GS 19A-64, concerning distributions to counties and cities from the Spay/Neuter Account, capping the reimbursement amount distributed from the Spay/Neuter account to cities and counties to 150% of the average reimbursement allowed for surgical procedures for dogs and cats by the Spay/Neuter Program during the prior calendar year. Adds language that provides that when the amount in the Spay/Neuter Fund falls short of total requests for reimbursement, funds available will be reimbursed to cities and counties in tier one, two, and three areas in regards to the proportion that the rate of spays and neuters per 1,000 persons in the city or county compares to the total rate of spays and neuters per 1,000 in the total tier area.  Effective October 1, 2014.

    Amends GS 19A-66 to require the Department of Agriculture and Consumer Services to notify cities and counties of what the maximum reimbursement amount will be for the upcoming calendar year. Effective January 1, 2014.

     


  • Summary date: May 9 2013 - More information

    Senate committee substitute to the 1st edition makes the following changes.

    Amends GS 19A-32.1(a) to provide that all animals received by an animal shelter are to be held for a minimum of 96 (was, 72) hours. Allows a shelter to hold an animal for a minimum holding period of 72 hours if the shelter posts at least one photo of the animal's head and face on the shelter's website or on any other website designed to facilitate the adoption of animals and the photo remains on the site until the animal is disposed of. Allows holding an animal for any longer minimum period established by a board of county commissioners before being euthanized or disposed of. Removes references to selling an animal. Adds that if a dog owner surrenders the dog to a shelter, the owner must state in writing whether the dog has bitten anyone in the 10 days preceding the surrender date.

    Amends GS 130A-192 to require (was, permit) an animal control officer with access at no or reasonable cost to a microchip scanner to scan the animal and use the microchip information to locate the owner.


  • Summary date: Apr 3 2013 - More information

    Amends GS 19A-23 to add definitions for approved foster care provider and approved rescue organization. Enacts new GS 19A-32.1 for purposes as the title indicates, providing for a minimum holding period for animals in animal shelters, the public viewing of animals in an animal shelter, and the disposition of animals. Allows shelters to place animals in foster care during the minimum period and sets out related requirements. Amend GS 130A-192 to require that before an animal may be sold or put to death itis to made available for adoption as provided in new GS 19A-32.1. Directs animal control to maintain a record of all the animals impoundedunderthissection.


  • Summary date: Apr 2 2013 - More information

    To be summarized.


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