Skip to main content

Full text of "House Interim Committee on the Prevention and Disposition of Unwanted and Abandoned Companion Animals : interim report to the 2004 regular session of the 2003 General Assembly of North Carolina"

See other formats


HOUSE INTERIM COMMITTEE ON THE 
PREVENTION AND DISPOSITION OF 

UNWANTED AND ABANDONED 
COMPANION ANIMALS 




INTERIM REPORT TO THE 

2004 REGULAR SESSION OF THE 

2003 GENERAL ASSEMBLY 

OF NORTH CAROLINA 




HOUSE INTERIM COMMITTEE ON THE 

PREVENTION AND DISPOSITION OF 

UNWANTED AND ABANDONED 

COMPANION ANIMALS 




INTERIM REPORT TO THE 

2004 REGULAR SESSION OF THE 

2003 GENERAL ASSEMBLY 

OF NORTH CAROLINA 



A LIMITED NUMBER OF COPIES OF THIS INTERIM REPORT ARE 
AVAILABLE FOR DISTRIBUTION THROUGH THE LEGISLATIVE 
LIBRARY. 



ROOMS 2126, 2226 
STATE LEGISLATIVE BUILDING 
RALEIGH, NORTH CAROLINA 2761 1 
TELEPHONE: (919)733-7778 



OR 



ROOM 500 

LEGISLATIVE OFFICE BUILDING 
RALEIGH. NORTH CAROLINA 27603-5925 
TELEPHONE: (919)733-9390 



TABLE OF CONTENTS 

LETTER OF 

TRANSMITTAL 1 

PREFACE 3 

MEMBERSHIP AND STAFF LIST 5 

COMMITTEE CHARGE 9 

APPENDIX 

A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE PROTECTION OF 
ANIMALS IN NORTH CAROLINA 



House Interim Committee on the Prevention and 
Disposition of Unwanted and Abandoned Companion 

Animals 

May 19,2004 



To: Speaker James B. Black 

Speaker Richard T. Morgan 

Members of the North Carolina House of Representatives 



Attached is the interim report from the House Interim Committee on the Prevention 
and Disposition of Unwanted and Abandoned Companion Animals submitted to 
you as directed by the Speakers in their authorizing declaration August 15, 2003. 

The House Interim Committee on the Prevention and Disposition of Unwanted and 
Abandoned Companion Animals presents to you draft legislation based on its study. 

It is the intention of the Co-Chairs of this Committee to present a final report to the 
General Assembly no later than December 31, 2004. 



Respectfully submitted, 





7. 



Repre^entdtive Dewey Hill Rep/esentative Julia Howard 

Co-Chair ;C€^Chair 





V 



PREFACE 

The House Interim Committee on the Prevention and Disposition of Unwanted 
and Abandoned Companion Animals, established by the Speakers of the House of 
Representatives on August 15, 2003, is authorized to address the issue of preventing 
unwanted and abandoned companion animals, specifically through the medical 
procedures of spaying and neutering, to review the laws related to current control 
practices, including disposition, and the laws dealing with revenue collection and 
appropriation. 

The Committee is co-chaired by Representative Dewey Hill and Representative 
Julia Howard. The committee clerk maintains a notebook containing the committee 
minutes and all information presented to the committee. 



Committee Chairs 



Representative Dewey Hill, Co-Chair 

Post Office Box 723 

Whiteville, North Carolina 28472 

Deweyhfg'ncleg.net 

(9 1 0) 642-6044 642-7004 (F) 

Representative Julia Howard, Co-Chair 

203 Magnolia Avenue 

Mocksville, North Carolina 27028 

Juliah(a)ncleg.net 

(336)751-8567 751-7632 (F) 



Legislative Members 

Representative Cary Allred 

4305 Sartin Road 

Union Ridge, North Carolina 27217 

Carva(a)ncleg.net 

(336)229-1980 



Representative Rick Eddins 

1 504 Stratlen Court 

Raleigh, North Carolina 27615 

Ricke@ncleg.net 

(919)847-1372 

Representative Margaret Jeffus 

1801 Rolling Road 

Greensboro, North Carolina 27403 

MaggieJ(a)ncieg.net 

(336)275-4762 379-9986 (F) 

Representative Linda Johnson 

1205 Berkshire Drive 
Kannapolis, North Carolina 28081 
LindajofSncleg.net 
(704)932-1376 

Representative Carolyn Justice 

Post Office Box 296 
Hampstead, North Carolina 28443 
Carolvniu@ncleg.net 
(910)270-4604 270-3455 (F) 



Representative Alice Bordsen 

411 S. Fifth Street 

Mebane, North Carolina 27302 

Aliceb(5)ncleg.net 

(919)563-5264 563-5092 (F) 



Representative William McGee 

6102 Arden Drive 

Clemmons, North Carolina 27012 

Williamm(a),ncleg.net 

(336)766-4481 



Representative Becky Carney 

Post Office Box 32873 

Charlotte, North Carolina 28232 

Beckvc(a)ncleg.net 

(704) 332-1893 (H) 905-2449 (C) 



Representative Louis Pate 

1 02 Meredith Street 

Mount Olive, North Carolina 28365 

Louisp@ncleg.net 

(919)658-6170 658-3637 (F) 



Representative Walter Church 

Post Office Box 760 

Valdese, North Carolina 28690 

Waltc@ncleg.net 

(828)874-2141 879-2356 (F) 



Representative Drew Saunders 

204 Sherwood Drive 

Huntersville, North Carolina 28078-9003 

Drews@ncleg.net 

(704)875-2738 875-2738 (F) 



Representative Michael Decker 

Post Office Box 141 

Walkertown, North Carolina 27051 

Miked@ncleg.net 

(336) 595-3008 



Representative William Wainwright 

Post Office Box 941 

Havelock, North Carolina 28532-0941 

Williamw@ncleg.net 

(252) 633-2422 672-4075 (F) 



Representative Keith Williams 

673 Parkertown Road 

Hubert, North Carolina 28539 

Keithw(5)ncleg.net 

(910)326-1129 326-1 129(F) 



Major Timothy D. Stewart 

Charlotte-Mecklenburg Police Dept. 
60 1 East Trade Street 
Charlotte, North Carolina 28202 
tstewart(S)cinpd .org 



Public Members 



Ms. Natalie Beason 

105 Oak Top Court 

Raleigh, North Carolina 27603 

natalie.beason(a)ncmail.net 

Commissioner Lynda Clay 

380 White Oak Drive 
Newport, North Carolina 28570 
lyndaclavfSearthlink.net 

Mr. Otis Morton "Mort" Congleton 

SPCA of Wake County, Inc. 
200 Petfinder Lane 
Raleigh, North Carolina 27603 
mcongleton(a)spcawake.org 

Mr. James Grouse 

Crouse Law Offices 

Two Hannover Square, Suite 2350 

Raleigh, North Carolina 27607 

itc(2)crouselaw.com 



Dr. Elizabeth Lyerly 

N.C.V.M.A. 

594 Yadkin Road 

Southern Pines, North Carolina 28387 

vetbeth(2)hotmail.com 

Mr. Clai Martin 

Rowan County Animal Control 
108 Browns Farm Road 
Salisbury, North Carolina 28147 
martinrc(a)co.rowan.nc.us 

Ms. Mary Jo Morris 

1600 Morganton Road, Y-70 
Pinehurst, North Carolina 28374 
maryjomfSlnc.rr.com 

Mr. Dennis Stearns 

Steams Financial Services Group 

324 West Wendover Avenue 

Suite 204 

Greensboro, North Carolina 27408 

dsteams@sfsg.net 



Dr. Kelli K. Ferris 

NCSU College of Veterinary Medicine 
4700 Hillsborough Street 
Raleigh. NC 27606 
kelli_ferris(a)ncsu.edu 

Ms. Clarice Cato Goodyear 

322 Red Bam Trail 

Matthews, North Carolina 28104 

ccgoodyear(a)aol.com 

Ms. Vicky Hunt 

Pet Adoption and Welfare Society 
1218 West Davis Street 
Burlington, North Carolina 272 1 5 
vickyfShuntelec.us 



Staff Members 



Ms. Sandra Alley, Research (Counsel) 

Room 545, Legislative Office Building 

Sandraa(@nc leg.net 

(919)733-2578 715-5460 (F) 

Mr. Hal Pell, Research (Counsel) 

Room 20 ICC, Legislative Office Building 

Halp^ncleg.net 

(919)733-2578 715-5460 (F) 

Ms. Barbara Riley, Research (Counsel) 

Room 545, Legislative Office Building 

barbarar(g^ncleg.net 

(919)733-2578 715-5460 (F) 



Committee Clerk 



Mr. Jason Cannon 

Room 1 104, Legislative Building 

iasonc@ncleg.net 

(919)715-1812 733-2599 (F) 




<QiUu of ii]t Speaker 
J?onb Carolina 3ttonst of Htcprcscniaiitit^ 



James B. Black 

Speaker 

North Carolina House of Representatives 

]6 W, Jones Street Room 2304 

Raleigh), NC 27601-1096 



Richard T. Morgan 

Speaker 

Nortti Carolina House of Representatives 

301 N. Salisbury Street Room 301 

Raleigti. NC 27603-5925 



TO: George Hall 

Legislative Services Office 

FROM: James B. Black 

Richard T. Morgan 

Co-Speakers, North Carolina House 

DATE: August 13,2003 

RE: House Interim Committee on the Prevention and Disposition of Unwanted 

and Abandoned Companion Animals 



Section 1. Committee Created - Pursuant to the authority vested in us by North 
Carolina General Statute (G.S.) 120-19.6, we hereby establish the: House Interim 
Committee on the Prevention and Disposition of Unwanted and Abandoned 
Companion Animals and the Intervention of Animal Cruelty, hereafter referred to as 
"Interim Committee." The purpose of the Interim Committee shall be to address the issue 
of preventing unwanted and abandoned companion animals, specifically through the 
medical procedures of spaying and neutering, to review the laws related to current control 
practices, including disposition, and the laws dealing with revenue collection and 
appropriation. 

Section 2. Definitions - The following definitions shall be used for the purpose of 
this committee: 

a. "Farm Animals" - Means any ungulate, poultry, species of cattle, sheep, swine 
goats, llamas, horses or fur-bearing animals which are raised for commercial or 
sustenance purposes. Fur-bearing animal shall not include dogs or cats. 

b. "Companion Animal" or "pet" - means any dog or cat, and shall also mean any 
other domesticated animal normally maintained in or near the household of the owner or 
person who cares for such domesticated animal. "Pet" or "Companion Animal" shall not 
include a "farm animal" as defined in this section. 



Section 3. Committee Membership ~ The Interim Committee shall be composed 
of 28 members as follows: 

a. A House Co-chair of the House Standing Committee on Finance. 

b. The House Chair of the House Standing Committee on Agriculture. 

c. Thirteen members to be appointed by Speaker James B. Black. 

(1) Seven members of the North Carolina House of Representatives. 

(2) A professor from the North Carolina State University School of Veterinary 
Medicine. 

(3) An employee or volunteer of a companion animal rescue and shelter program. 

(4) A present or former local government official interested in the welfare of 
companion animals. 

(5) A law enforcement agent working specifically in the area of animal control. 

(6) Two individuals who are companion animal advocates. 

d. Thirteen members to be appointed by Speaker Richard T. Morgan. 

(1) Seven members of the North Carolina House of Representatives. 

(2) A representative of the North Carolina Veterinary Medical Association. 

(3) An employee or volunteer of a companion animal rescue and shelter program. 

(4) A local government official interested in the welfare of companion animals. 

(5) A representative of a county animal control facility. 

(6) Two individuals who are companion animal advocates. 

Section 4. Subject of Study ~ The Interim Committee shall study all aspects of 
animal cruelty and the prevention and disposition of unwanted and abandoned companion 
animals, including the examination of the following: 

(1) The current modes of operation of public and private animal shelters, 
including the condition of shelters, size, staff, budgets, disposition 
policies, processes and procedures. 

(2) Public and private adoption programs, and other alternatives for dealing 
with unwanted or abandoned companion animals in North Carolina and 
other states. 

(3) The current law and regulation of public and private animal shelters and 
their disposition of unwanted and abandoned companion animals in North 
Carolina and other states. 

(4) The adequacy and appropriateness of the law and rules regulating public 
and private animal shelters and their disposition of unwanted and 
abandoned companion animals in North Carolina, including the role of 
both the State and local governments and the balance between the two. 

(5) Ways to reduce the unwanted animal population, other than disposition, 
focusing specifically on spay-neuter programs, including an analysis of 
existing programs, ways to increase the effectiveness of such programs 
and the cost saving associated with reducing the animal population 
through these programs rather than disposition. 

(6) Currently employed methods of disposition and investigation of 
alternative methods that reduce or eliminate pain and suffering prior to 
and during euthanasia for animals without a significant increase in the risk 
of injury to the handler. 



10 



(7) The adequacy and sources of funding of public and private animal shelters 
and spaying and neutering programs in North Carolina. 

(8) Potential sources of additional needed fianding for the existing public 
animal shelters, sources of funding utilized in other states, sources of 
funding for alternative methods of euthanasia of unwanted companion 
animals, alternative programs, and sources of funding utilized in other 
states. 

(9) The current modes of operation and funding for breeding specifically for 
the purpose of animal fighting. 

10) The adequacy and appropriateness of the law and rules surrounding animal 
cruelty and inhumane treatment. 

1 1 ) Current policing actions and enforcement tactics of the treatment of 
animals, including, shelters, animal control, disposition of unwanted or 
abandoned animals, breeding or any other cruelty investigations. 

12) Any other improvements in the prevention and disposition of unwanted or 
abandoned companion animals, or animal cruelty deemed advisable in 
North Carolina. 

Section 5. Committee Co-chairs - There shall be two co-chairs. One co-chair of 
the Interim Committee shall be a Chair of the House Standing Committee on Finance, the 
other being the Chair of the House Standing Committee on Agriculture. Additionally, 
Speaker Black and Speaker Morgan shall appoint two committee vice-chairs. The vice 
chairs shall be individuals who were appointed to the committee as companion animal 
advocates. The Interim Committee shall meet upon the call of its co-chairs. A quorum of 
the Interim Committee shall be 1 5 members. 

Section 6. Committee Expenses ~ The expenses of the Interim Committee 
including per diem, subsistence, travel allowances, and contracts for professional or 
consultant services shall be paid upon the written approval of the Democratic and 
Republican Speakers pursuant to G.S. 120-32. 02(c) and G.S. 120-35 from funds available 
to the House of Representatives for its operations. 

Section 7. Committee Members' Terms — The members of the Interim 
Committee serve at the pleasure of the Democratic and Republican Speakers of the 
House, who may jointly remove a member. The Speakers of the House may jointly 
dissolve the Interim Committee at any time. 

Section 8. Staff ~ The Legislative Services Office shall assign professional 
and clerical staff to the assist the Interim Committee in its work. 

Section 9. Consultants ~ The Interim Committee may hire consultants to 
examine specific issues and subjects related to the study, in accordance with G.S. 
120-32.02. 

Section 10. Meeting Place ~ The Interim Committee may meet at various 
locations around the State in order to promote greater public participation in its 



11 



deliberations. The Legislative Services Commission shall grant adequate meeting space 
to the Interim Committee in the State Legislative Building or the Legislative Office 
Building. 

Section 11. Joint Meetings with Senate Committees -- The Interim Committee 
is authorized to meet jointly with a similarly authorized committee of the Senate to 
conduct this study. 

Section 12. Report ~ The Interim Committee will report to the 2004 General 
Assembly and shall make a final report of the findings and conclusions of its study to the 
Democratic and Republican Speakers of the House, the House Standing Committee on 
Health, the House Principal Clerk, and the Legislative Library not later than December 
31, 2004. The Interim Committee shall terminate on December 31, 2004, or upon the 
filing of its final report, or upon its being dissolved imder Section 5 of this order, 
whichever occurs first. 

Effective this 15**' day of August, 2003. 



— ^^x^^rL-^ nlXyL. 



O 



James B. Black Richard T. Morgan 

Speaker Speaker 



12 



GENERAL ASSEMBLY OF NORTH CAROLINA 

SESSION 2003 

H D 

HOUSE DRH70410-RK-32 (1/16) 



Short Title: Animal Protection Act. (Public) 

Sponsors: Representative. 
Referred to: 



A BILL TO BE ENTITLED 
AN ACT TO PROVIDE FOR THE PROTECTION OF ANIMALS IN NORTH 

CAROLINA. 
The General Assembly of North Carolina enacts: 

PART I: ANIMAL PROTECTION PROGRAM ESTABLISHED. 

SECTION 1. Article 5 of Chapter 19A of the General Statutes is repealed. 
Any monies remaining in the Spay/Neuter Account under G.S. 19A-62 as of the 
effective date of this section shall be transferred to the Animal Protection Fund 
established pursuant to G.S. 19A-73. 

SECTION 2. G.S. 1 BOA- 190(c) is repealed. 

SECTION 3. A new article is added to Chapter 19A of the General Statutes 
to read: 

" Article 6. 
" Animal Protection Program. 
" $ 19A-70. Purpose. 

The General Assembly finds that the numbers of unwanted cats and dogs in North 
Carolina has reached crisis level. Unwanted animals frequently become stravs and 
suffer from a lack of food, shelter and veterinary care. In addition to these concerns, 
stray animals are a public nuisance and present a serious public health problem, as many 
are not vaccinated against rabies. In 2001, over 227.778 cats and dogs w^ere turned into 
shelters or picked up bv local animal control authorities and euthanized. In 2002 this 
number increased to 265.289. Unwanted animals also create a substantial financial 
burden for the counties and municipalities that must collect, house, and uhimately 
euthanize the animals. Limited financial resources have made it difficult for local 
governments to provide adequate animal shelter facilities. 



General Assembly of North Carolina Session 2003 

The General Assembly finds that existing State and local animal welfare programs 
have not been effective in either stabilizing or reducing the numbers of unwanted cats 
and dogs in the State. Factors affecting the increase in unwanted animals include the 
State's population grovMh and the inadequate funding of State and local animal welfare 
programs. The General Assembly finds, however, that the primar%' cause of the increase 
in unwanted cats and dogs is uncontrolled breeding. Lack of education regarding the 
reasons to spav or neuter an animal and the lack of financial resources on the part of 
many of the citizens of the State contribute to the problem of uncontrolled breeding. 
The General Assembly finds that many county and city animal welfare programs and 
nonprofit animal welfare societies have implemented programs that have greatly 
increased the numbers of homeless cats and dogs adopted. Adoption alone, however, is 
not adequate to significantly decrease the number of animals being destroyed. The 
General Assembly finds that the most viable solution to the pet overpopulation problem 
in this State is to increase the availability of low-cost spav and neuter ser\aces. It is the 
intention of the General Assemblv to establish an animal protection program that will 
provide financial assistance to local governments for low-cost spay and neuter services, 
adequate shehering facilities, and other needed services for their residents who have 
cats and dogs. 
" § 19A-71. Animal Protection Program Established. 

(a) The Animal Protection Program is established in the Department of 
Agi'iculture and Consumer Services. The Program shall consist of the following 
components: 

( 1) Administration of the Animal Protection Fund established in 
G.S. 19A-72. Monies in the Fund shall be made available to eligible 
counties and cities to assist counties and cities with: 



a. Providing low-cost spav and neuter sen-ices. 

b. U pgrading animal shelters to State sheltering standards. 

a Funding for other needed animal welfare projects for its 
citizens. 

(2) Provision of technical assistance to county and city governments that 
wish to establish low-cost spay and neuter programs, adoption 
programs, and other animal welfare programs and services in their 
jurisdictions. 

(3) Development and distribution of educational materials to the general 
public about the benefits of having a pet spaved or neutered and the 
availability of subsidized low-cost spav neuter ser\ices. The 
Department shall work with the North Carolina State University 
College of Veterinary Medicine, the Cooperative Extension Service, 
the North Carolina Veterinary Medical Association, county and city 
health departments, social senice departments, animal control 
agencies, and local animal welfare organizations to develop these 
materials and to make them available to the public. 

(4) Administration of the provisions of the Animal Welfare Act. Article 3 
of Chapter 19A of the General Statutes. 

DRH70410-RK-32 (1/16) 14 



General Assembly of North Carolina Session 2003 

(b) The Department shall adopt rules to implement the provisions of this Article. 

(c) For purposes of this Article, "animal" shall mean a cat or a dog. 
" S 19A-72. Animal Protection Fund. 

(a) The Animal Protection Ftmd is created as a nonreverting account in the 
Department of Agriculture and Consumer Ser\ices. The Fund shall consist of the 
following monies: 

( 1) Receipts from the assessment on pet food provided for in G.S. 19A-73. 

(2) Ten dollars (SIO.OO) of each additional fee imposed bv G.S. 20-79.7 
for an Animal Lovers special license plate. 

(3) Amounts retained from State income tax refunds designated for the 
Companion Animal Fund as provided bv G.S. 105-269.7. 

(4) Anv funds remaining in the Spav/Neuter Account established under 
G.S. 19A-62 on the date of the Account's termination. 

(5) Anv other funds available from appropriations bv the General 
Assemblv or from contributions and grants from public or private 
sources. 

(b) The revenue in the Fund shall be used bv the Depatlment as follows: 

(1) Up to ten percent (10%) of the monies in the Fund mav be used to pav 
the annual costs of administering the Animal Protection Program 
established in this Article, including the development of the 
educational portion of the program. For purposes of determining the 
amount available for distribution under subdivision (2) of this 
subsection, administrative costs shall be calculated on a quarterly 
basis. 

(2) Ninetv percent (90%) of the monies remaining in the Fund after 
deductions for administrative expenses shall be distribtited quarterlv to 
eligible counties and cities seeking reimbursement for low-cost spav 
and neuter ser\'ices performed or paid for during the previous quarter. 

(3) Monies remaining in the Fund after distributions are made in 
accordance with subdivisions (1) and (2) of this subsection shall be 
made available for grants to eligible counties and cities for innovative 
companion animal programs and animal shelter facility upgrades as 
provided for in G.S. 19A-78. 

" § 19A-73. Assessment on pet food. 

(a) An assessment at the rate often dollars ($10.00) per ton of pet food, other 
than canned pet food, distributed in the State shall be paid bv the person whose name 
appears on the label of the pet food as the manufacturer or distributor as required 
pursuant to the North Carolina Commercial Feed Law of 1973. 

(b) An assessment at the rate of one dollar ($1.00) for each 48-can carton of 
canned pet food distributed in the State shall be paid bv the person w^hose name appears 
on the label of the canned pet food as the manufacturer or distributor as required 
pursuant to the North Carolina Commercial Feed Law of 1973. 

(c) Each person who is liable for the payment of the assessment shall file with 
the Commissioner of Agriculture, no later than the last day of .lanuary. April. July, and 

DRH70410-RK-32 (1/16) 15 



General Assembly of North Carolina Session 2003 

October of each year, a quarterly statemenl setting forth the nel tons of pet food and 
number of cartons of canned pet food distributed in the State during the preceding 
calendar quarter and shall pay the assessment at the rates set forth in subsection (a) and 
(b) of this section. All funds collected through the assessment on pet food shall be 
remitted bv the Commissioner to the Animal Protection Fund established in 
G.S. 19A-72. 

(d) Persons who fail to file a quarterly statement and pay the assessment due 
within 15 days following the due date shall have their registration allowing them to 
distribute commercial feed in the State suspended until payment in full of the 
assessment. 

" § 19A-74. Distributions from the Animal Protection Fund; reimbursement for 
low-cost spay and neuter ser\'ices. 

(a) Monies available for reimbursement for the provision of low cost spav and 
neuter ser\ices shall be made available to the counties and cities starting with the 
quarter beginning July 1. 2005. 

(b) Monies available for reimbursement shall be made available in equal amounts 
for each of the 100 counties in the State. 

(c) Monies available for each county shall be shared among the eligible and 
participating units of local government in proportion to the total number of cats and 
dogs that have received rabies vaccinations during the preceding fiscal vear in all of the 
eligible and participating units of local government in the county compared with the 
number in each eligible and participating unit. 

(d) If no unit of local government applies for a county's share of the monev 
available for reimbursement in a quarter, those funds shall be added to the monies made 
available for reimbursement to the counties in the succeeding quarter. 

(e) The Department shall determine the amount of money in the Companion 
Animal Fund designated for reimbursement to counties and cities for low-cost spav and 
neuter services collected for the quarter beginning January 1. 2005. The funds available 
for reimbursement collected for the quarter beginning January 1, 2005. shall be made 
available for reimbursement to the counties for the quarter beginning July 1. 2005. For 
each subsequent quarter, the funds available for reimbursement shall be those collected 
in the second quarter preceding the quarter in which the reimbtirsement is sought. On or 
before July 1. 2005, and in each subsequent quaiter. the Department shall notify each 
county of the amount of funds that v^'ill be available for reimbursement for low-cost 
spav and neuter services for the quarter. Each county shall notify the municipalities 
within its jurisdiction of the availability of funds for the quarter. 

(f) Reimbursement for low-cost spay and neuter ser\'ices shall consist of the 
following: 

(1) Spay and neuter services provided bv a qualified participating 
veterinarian shall be reimbursed at the cost to the county or citv. as 
provided in G.S. I9A-77. less the amount of the copayment required of 
the cat or dog owner. 

(2) Spay and neuter services provided bv a county, citv. or nonprofit 
humane organization shall be reimbursed at cost less the required co- 

DRH70410-RK-32 (1/16) 16 



General Assembly of North Carolina Session 2003 

payment; provided that the cost of the sterilization services does not 
exceed cightx percent (80%) ot" the usual and customary charge for 
that service by a private veterinarian practicing or proxiding 
sterilization services to residents of that county. 
" § 19A-75. Eligibilit\ for reimbursement; application. 

(a) A count\- or cit\' is eligible for reimbursement from the Animal Protection 
Fund for low-cost spay and neuter services if it offers a low-cost spav and neuter 
program to its residents. 

(b) A county or citv eligible for reimbursement shall apply to the Department b\ 
the last day of January, April July, and October of each year to receive reimbursement 
for the previous quarter. The application shall be submitted in the form required bv the 
Department and shall include an itemized listing of the services and costs for which 
reimbursement is sought. 

(c) The Department shall make pavments from the Animal Protection Ftind to 
eligible counties and cities that have made application for reimbursement for the 
previous quarter within 30 days of the receipt of the application. 

(d) If there are funds remaining for reimbursement to counties and cities after all 
applications have been reimbursed up to the allowable amount, the remaining funds 
shall be added to the monies available to reimburse counties and cities for low-cost spav 
and neuter services in the succeeding quarter. 

" § 19A-76. Eligible individuals; co-pavnients; application. 

(a) Counties and cities participating in the reimbursement program shall 
determine, on a monthly basis, the number of low-cost sterilizations that they will make 
available to residents to spay or neuter their dog or cat. Counties and cities shall 
designate some percentage of the low-cost sterilizations available to be provided to 
residents adopting a cat or dog from a local animal shelter. 

(b) Counties and cities participating in the reimbursement program shall establish 
eligibility and other requirements for their residents who wish to participate in the 
low-cost spav and neuter program. Residents who obtain a low cost sterilization for a 
cat or dog shall make a co-pavment of twenty dollars ($20.00) to the county or citv for 
the low-cost sterilization. A citv or county may choose to waive all or a portion of the 
required co-payment for a resident. A city or county choosing to provide waivers for 
co-pavments shall establish eligibility requirements for the waivers. Any waiver granted 
bv a citv or county shall be paid for out of citv or county funds, and the Animal 
Protection Fund shall not reimburse a countv or citv for that portion of the cost of 
sterilization services. 

(c) Applications for low-cost spav and neuter services shall be made available at 
locations in the countv or city as the county or city deems appropriate . 

" § 19A-77. Private Veterinarians; agreements with local governments. 

(a) A veterinarian in private practice who wishes to participate in a countv or city 
low-cost spav and neuter program shall submit an application to the countv or citv 
setting forth, along with other information the citv or county requests, a schedule listing 
the fees charged in the normal course of business bv the veterinarian for cat and dog 
sterilizations performed in accordance with the standards of practice in Article 1 1 of 

DRH70410-RK-32 (1/16) 17 



General Assembly of North Carolina Session 2003 

Chapter 90 of" the General Statutes. The fees charged may varv with an animal's weight, 
sex, species, and anatomical and health status, including graviditN'. at the time of 
surgery. A citv or county mav refuse the application of a veterinarian whose fees are 
determined to exceed the usual and customary charges by veterinarians in private 
practice providing spay and neuter services to residents of the countv or citv. In 
determining usual and customary charges, a citv or county shall not consider the fees 
charged bv veterinarians for low-cost sterilization ser\'ices. 

(b) A veterinarian in private practice who vsishes to participate in a countv or cit^• 
low-cost spav and neuter program shall agree to be reimbursed bv the city or count\ at 
an amount up to eighty percent (80%) of the fees set forth in the fee schedule submitted 
bv the veterinarian. 

(c) Veterinarians who operate low-cost spay and neuter clinics, or who otherwise 
provide low-cost spay and neuter serxices to the public, and who wish to participate in a 
countv or citv low-cost spay and neuter program shall submit an application to the 
county or citv setting forth, along with other information the countv or citv requests, a 
schedule listing the fees charged by the veterinarian for low-cost spay and neuter 
services. The fees charged may varv with an animal's weight, sex, species and gi'aviditv 
at the time of surgery. 

(d) Veterinarians who operate low-cost spay and neuter clinics, or who othen\'ise 
provide low-cost spav and neuter services to the public and who wish to participate in a 
county or citv low-cost spav and neuter program shall agree to be reimbursed at the rate 
set forth in their fee schedule for those services provided that the fee charged does not 
exceed eight\ percent (80%) of the usual and customary charge b\ veterinarians in 
private practice providing spav and neuter services to residents of the countv or city. In 
determining ustial and customary charges, a citv or coimtv shall not consider the fees 
charged bv veterinarians for low-cost sterilization services. 

(e) Participating veterinarians shall submit a bill to the county or citv for 
low -cost spav and neuter services provided within 30 days of the date of the serxice. 

" § 19A-78. Grants to counties and cities for sheltering needs, innovative programs. 

(a) Beginning in .lanuary 2006. counties and cities may apply for grants from the 
Animal Protection Fund as provided for in G.S. 19A-72(b)(3). 

(b) Counties and cities that own or contract with animal sheher facilities that 
have been inspected bv the Department and that have been found deficient tmder State 
standards mav apph' for grants of up to twenty-five thousand dollars ($25.000) from the 
Animal Protection Fund for the purpose of correcting the deficiencies and bringing the 
shelter into compliance with State standards. Application shall be made to the 
Department in the form required by the Department and shall include a plan for 
correcting the deficiencies in the shelter and a detailed cost estimate for the project. An 
application must be received by the Depailment no later than March 31 of each year to 
be considered for that fiscal year. Applications shall be considered in the order in which 
thev were received and grants awarded as funds are available. Anv grant application that 
is not able to be funded during the fiscal vear in which it was submitted mav. at the 
request of the city or county, be considered for funding in the subsequent fiscal year. 



DRH70410-RK-32 (1/16) 18 



General Assembly of North Carolina Session 2003 

(c) Each fiscal vear, if monies remain available alter awards are made pursuant to 
subsection (h) of this section, grants of up to ten thousand dollars (SIO.OOO) mav be 
made to counties and cities for other animal welfare projects including: 

(1) Low-cost spav and neuter programs, other than reimbursement for 
individual sterilization services under G.S. 19A-74(c). 

(2) Adoption programs. 

(3) Education and outreach efforts. 

(4) Training for animal control personnel. 

(5) Expanded rabies vaccination programs. 

Application shall be made to the Department in the form required by the Department 
and shall contain a detailed description of the proposed project including cost estimates. 
Applications shall be considered in the order in which thev were received and grants 
awarded as funds are available. Any grant application that is not able to be funded 
during the fiscal year in which it was submitted may, at the request of the citv or count\'. 
be considered for funding in the subsequent fiscal year. 

(d) All applications shall be reviewed bv the Department for efficacy and 
reasonableness and shall be approved bv the Director of the Animal Protection Program. 
The Director may contact the applicant and request that the applicant clarify or amend a 
project proposal. The Director may choose to refer the application to the State 
Veterinarian for review. When an application is referred under this subsection, the State 
Veterinarian shall make the decision whether to approve the application. The decision 
of the State Veterinarian shall be final and may not be appealed. 

(e) A county or city receiving a grant under this section shall not be eligible for 
another grant under this section for a period of two years after the grant was made. 

" § 19A-79. Annual reports. 

(a) 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 Agriculture and 
Consumer Services. 

(h) Each county and city receiving reimbursement from the Animal Protection 
Fund for low-cost spav and neuter services shall file with the Department an annual 
report indicating the number of cats and number of dogs sterilized under the 
reimbursement program, the cost of the services provided broken down bv provider 
type, and the number of animals adopted who were sterilized under the program. 

(c) Each county and city receiving a grant from the Animal Protection Fund to 
improve animal welfare services in the county or city shall file an annual report with the 
Department regarding the status of the project funded. 

(d) The Department shall submit an annual report to the .Toint Legislative 
Commission on Governmental Operations summarizing the data provided by counties, 
cities and animal shelters in receipt of local or State funding required bv subsections (a). 
(b). and (c) of this section. " 

DRH70410-RK-32 (1/16) 19 



General Assembly of North Carolina Session 2003 

SECTION 4. Article 9 of Chapter 105 of the General Statutes is amended by 
adding a new section to read: 
" § 105-269.7. Contribution of income tax refund to Animal Protection Fund. 

Any taxpayer entitled to a refund of income taxes under Article 4 of this Chapter 
may elect to contribute all or part of the refund to the Animal Protection Fund 
established under G.S. 19A-72 to be used for administration of an animal protection 
program, including a lovy-cost spay neuter program in accordance with Article 6 of 
Chapter 19A oi'the General Statutes. The SecretarN' shall provide appropriate language 
and space on the income tax form in which to make the election. The taxpayer's 
election becomes irrevocable upon filing the taxpayer's income tax return for the ta.xablc 
year. The Secretary shall transmit the contributions made pursuant to this section to the 
State Treasurer for credit to the Animal Protection Fund. " 

PART II. ANIMAL CONTROL AND SHELTER STANDARDS 

SECTION 5. 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 manner. or provided at 
s uitable interval s for the speci e s and not to e.xceed 2 4 hours ai an\ 
interval. 

(2a) "Adoption" means the delivery of an animal deemed appropriate and 
suitable as a companion animal to an individual at least 18 years of age 
who has been approved to own, care, and provide for the animal bv the 
person delivering the animal. 

(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" shall have the same definition as set forth in 
G.S. 130A-184. 

(4b) "Animal sanctuary" means a facility which is used to house or contain 
animals for the remainder of their lives and which is under contract 
with, owned, operated or maintained bv a county, city, town, or other 
municipality, or by a duly incorporated humane society, animal 
welfare society, society for the prevention of cruelt\' lo animals or 
other nonprofit organization devoted to the welfare, protection and 
humane treatment of animals. "An animal sanctuary" does not include 

DRH70410-RK-32 (1/16) 20 



General Assembly of North Carolina Session 2003 

facilities that house or contain animals for the purpose of adoption h\ 
third parties, or euthanize animals at its facility for other than humane 
reasons. 

(5) "Animal shelter" means a facility which is used to house or contain K) 
or more animals animals and which is under contract with, owned, 
operated, or maintained by a countv. citv. town, or other municipalil\. 
or b\ 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 protection, 
rehabilitation, or humane treatment of animals. 

(5a) "Boarding kennel" means a facility or establishment which regularly 
offers to the public the service of boarding keeping or housing five or 
more dogs or cats or both animals for a fee. Such a facility or 
establishment may, in addition to providing shelter, food and water, 
offer grooming or other services for dog s and/or cats. animals. 

(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 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 five 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 Section of the 
Animal Health Division of the Department of Agriculture and 
Consumer Services. 

(8a) "Dog day care facility" means a person or establishment that regularly 
offers to the public for a fee, on a daily basis onlv, an area or areas 
where dogs are permitted to plav or exercise together, or interact in 
any manner. A dog day care facility shall not offer overnight boarding 
unless it is also a licensed boarding kennel. 

(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. 

(Qa) "Foster or rescue home" means a private residence where the 
homeowner accepts no more than 15 homeless animals at any one time 
and provides shelter for the animals until adoption. Animals that 
remain in a foster or rescue home for more than six months shall not 
be considered as homeless animals. 

(10) "Housing facility" means any room, building, or area used to contain a 
primary enclosure or enclosures. 

DRH70410-RK-32 (1/16) 21 



General Assembly of North Carolina Session 2003 

(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 acquir e s acquires, for 
the- commercial purposes, purposes of resale animals bred by others 
whether as owner, agent, or on consignment, and that sells, trades or 
offers to sell or trade, or offers lor adoption, such animals to the 
general public — at — retail — er — wholesale. public, with or witliout 
consideration. 

(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, or cage. 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. 

(17) "Sterilization" means a licensed veterinarian rendering an animal 
unable to reproduce hv surgically altering the animal's reproductive 
organs, and includes the spaving of a female dog or cat or the 
neutering of a male dog or cat. " 

SECTION 6. G.S. 19A-24 reads as rewritten: 
"§ 19A-24. Powers of Board of Agriculture. 
The Board of Agriculture ma^: shall: 

(1) Establish standards for the care of animals at animal shelters, animal 
sanctuaries, boarding kennels, dog day care facilities, 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 hold e rs of c e rtificat es to keep records of the 
identity, confinement, and disposition of purchase and sal e of animals 
and to identify animals at their e stablishm e nts. establishments on such 
forms as the Department may establish. 

(3a) Require licensees to submit records maintained pursuant to this Article 
on a periodic basis. 

(4) Adopt rules to implement this Article, including federal regulations 
promulgated under Title 7, Chapter 54, of the United States Code. 

(5) Adopt rules consistent with this Article on the vaccination and 
sterilization of animals in animal sanctuaries or held for adoption bv 
animal shelters. Rules adopted by the Department shall include 
requirements that any person licensed or registered under this Article 
as an animal shelter shall (i) be open to the public for some minimum 

DRH70410-RK-32 (1/16) 22 



General Assembly of North Carolina Session 2003 

period of hours on three davs per week, and (ii) have a process b\ 
which the public mav adopt animals from the shelter. 

(6) Adopt rules on the euthanasia of animals in the possession or custody 
of any person licensed under this article or bv anv county, city, town. 
or other governmental entity that houses or contains animals. After a 
minimum of three davs. during which the facilitv has been open to the 
public pursuant to subdivision (5) of this section, or for some other 
period of greater duration established by local ordinance, an animal 
shall only be put to death by a procedure approved by the American 
Veterinary Medical Association, the Humane Society of the United 
States, or the American Humane Association. The Department shall 
establish rules for the euthanasia process using any one or combination 
of methods and requirements for euthanasia as set forth and described 
by the three aforementioned organizations; however, the Department 
shall adopt a rule that allows the use of the gas method of euthanasia, 
with carbon monoxide as the only approved gas. The Department 
shall adopt rules for a waiver of the minimum impoundment period 
where euthanasia is required for humane reasons. 

(7) Adopt rules that mandate training for anv person who directly 
supervises or participates in the euthanasia process. 

(8) Adopt niles for the surrender of an animal by its owner to an animal 
shelter, animal sanctuary, or any licensee under this Article. Rules 
adopted shall include: 

a. A requirement that the owner present evidence of identification. 

b. A requirement that the owner present evidence of ownership of 
the animal, such as rabies vaccination records or other 
documentation of ownership, and 

c. A requirement that the owner sign a statement made under oath 
or affirmation that (i) the person surrendering the animal is the 
true and lawful owner of the animal, and (ii) on the owner's 
knowledge and belief that the animal has not bitten any person 
or other animal within 10 days of the date of surrender. 

The surrender of any animal to anv shelter, sanctuary, or anv licensee 
under this Article shall transfer all ownership rights, including the 
determination of the disposition of the animal, to the entitv receiving 
the animal. The Department shall adopt rules to allow, but not require, 
waiver of the required minimum impoundment period prior to 
euthanization of the animal if the owner has complied with the rules 
adopted under this section, and if the owner requests in writing a 
waiver of the minimum impoundment period. Copies of the documents 
required under this provision shall be kept on file in the shelter, 
sanctuary, or licensee's records for a minimum of six months after the 
surrender date. The disposition of the animal shall also be reflected in 
the records. " 

DRH70410-RK-32 (1/16) 23 



General Assembly of North Carolina Session 2003 

(9) Adopt rules that require animal shelters lo file an annual report with 
the Department. The report shall include, at a minimum, the following 
information on animals accepted at the shelter: 
a. The number accepted. 
K The number that were sterile at the time of acceptance, the 

number that were sterilized prior lo adoption, and the number of 

sterilization agreements entered into pursuant to this Article. 
c The number of sterilization agreements that were completed. 

and the amount of deposits returned. 
d^ The number of sterilization agreements that were not 

completed, and total amount of deposit forfeitures. 
e, The number that were euthanized. 
il The number that were adopted. 
g^ The number that were returned lo their owner. 
h, The number that were provided to other shelters or sanctuaries. " 
SECTION 7. G.S. 19A-25 reads as rewritlen: 
"§ 19A-25. Employees; investigations; right of efttfVr entrv; enforcement. 

(a) For the enforcement of the provisions of this Article, the Director is 
authorized, subject to the approval of the Commissioner lo appoint employees as are 
necessary in order lo carry out and enforce the provisions of this Article, and lo 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 ftirther, 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) The Commissioner shall have the power and authority to issue notices, 
citations, cease and desist orders, or any other pleading, form, or notice necessarv to 
enforce compliance with this Article as hereinafter set forth. The Commissioner is also 
empowered and authorized to apply to the courts of the State having jurisdiction for 
orders or injunctions restraining unlawful acts and practices prohibited bv this Article or 
not in compliance with this Article and to apply for mandatory injunctions to compel 
enforcement of the Article. 

(c) The Director shall recommend to the Commissioner the imposition and 
amount of civil penalties provided by this Article, and the Commissioner mav institute 
such proceedings as necessary for the enforcement and payment of such civil penalties. 

(d) The Commissioner or the Director, or their authorized agents, shall have the 
power and authority to issue subpoenas for witnesses and for the production of any and 
all papers and documents necessary for an\ hearing or other proceeding and to require 
the same to be served bv the process officers of the State. The Commissioner and the 
Director may administer any and all oaths that are necessary in the enforcement of this 
Article and mav certify as to the authenticity of all records, papers, documents, and 
transcripts under the seal of the Department of Agriculture and Consumer Services. 



DRH70410-RK-32 (1/16) 24 



General Assembly of North Carolina Session 2003 

(e) It shall be the duty of the Attorney General to represent the Deparimcni of 
Agriculture and Consumer Seryices or designate some member of his staff to represent 
them in all actions or proceedings in connection with this Article, except for actions 
brought under G.S. 19A-33. 19A-35.and 19A-36. " 

SECTION 8. Article 3 of Chapter 19A is amended by adding a new section 
to read: 
" ^ 19A-25.1. Issuance of citations. 

(a) If the Director has reasonable grounds to believe that a licensed or registered 
person under this Article has violated any rule promulgated under this Article, the 
Director shall with reasonable promptness issue a citation. Each citation shall be in 
writing and shall describe with particularity the nature of the violation, including a 
reference to the provisions of the rule or rules alleged to have been violated. The 
citation shall include the amount of the penalty that has been proposed bv the Director 
and fix a reasonable time for the abatement of the violation. 

(b) The Director may prescribe procedures for the issuance of a notice in lieu of a 
citation. A notice is appropriate where a violation has no direct or immediate 
relationship to the yvelfare of any animal in the licensee's custody or possession. Each 
citation or notice in lieu of citation issued under this section, or a copy or copies thereof. 
shall be prominently posted on the licensed or registered person's premises, as 
prescribed in rules issued bv the Director. 

(c) Procedure for Enforcement: 

(1) The Department shall issue a citation within a reasonable time after the 
termination of an inspection or investigation. The citation shall be sent 
bv certified mail with delivery receipt, or by hand delivery. 

(2) Failure to request an informal conference with the Department within 
seven working days from receipt of the citation shall result in a waiver 
of the right to an informal conference. 

(3) l-'ollowing the informal conference, if the parties are unable to reach a 
settlement agreement, the Director shall send an amended citation or 
notice of no change. 

(4) The provisions of Article 3. Chapter 150B of the General Statutes shall 
apply to any contest of a citation. 

(d) Abatement. - If a citation has become a final Order and the Director has 
reason to believe that any person has failed to correct the violation for which the citation 
had been issued within the period permitted for its correction, the Director shall send a 
notification of failure to abate, with a proposed penalty, bv ceilified mail with deliver\ 
reccipi. or b\ hand deli\er\. The provisions of Article 3. Chapter 150B shall apply to 
any contest of a notification of failure to abate. 

(e) No citation may be issued under this section after the expiration of one month 
foUoyving the occurrence of any violation. 

(f) Any county, citv. toyvn. or other governmental entit\' that operates an animal 
shelter or sanctuary is subject to the enforcement of all rules promulgated under this 
Article, except that governmental entities shall not be subject to civil penalties. " 

SECTION 9. G.S. 19A-26 reads as rewritten: 

DRH70410-RK-32 (1/16) 25 



General Assembly of North Carolina Session 2003 

"§ 19A-26. License Certificate of rcgi s trntion required for animal shelter, shelter 
or animal sanctuary. 

(a) No person shall operate an animal shelter or animal sanctuar\ unless a license 
ceititicate of registration for such animal shelter shall have been granted by the 
Director. Application for such certificate license shall be made in the maimer provided 
by the Director. Ne-A_fee of fifty dollars ($50.00) shall be required for such application 
or certificate, license. Applicants seeking a license as a nonprofit entitN' must present 
proof of nonprofit status at the time of application. 

( 1) A person ma\ be issued a license to operate only one tvpe of facilit\ . 
either an animal shelter or an animal sanctuary, in the same count\ . 

(2) No animal sanctuary mav be located on property that is within one 
mile of propeitv on which an animal shelter is located. 

(b) The license Certificates of registration shall be \alid for a period of one 
expire on .lune 30 > ear or until s u s pended or revoked and may be renewed for like 
periods upon application in the manner pro\ ided." annually. 

(c) Any city, county, toyvn. or other governmental entity which operates an 
animal sanctuary or animal shelter shall be exempt from licensure under this Article, but 
shall register the facility with the Department and shall otherwise be subject to all 
Department rules and regulations, as well as the enforcement provisions of this Article. " 

SECTION 10. G.S. 19A-27 reads as rewritten: 
"§ 19A-27. License required for operation of pet shop. 

No person shall operate a pet shop unless a license to operate such establishment 
shall have been granted by the Director. Application for such license shall be made in 
the manner provided by the Director. The license shall be for the fiscal year and the 
license fee shall be ftfh- one hundred fifty dollars ($50.00) (.SI 50.00). The license shall 
expire on .lune 30. and ma\' be renewed annually, for each license period or part thereof 
beginning with the first da\ of the fiscal year. " 

^ SECTION n. G.S. 19A-28 reads as rewritten: 
"§ 19A-28. License required for public auction public auction, dog daycare facility, 
or boarding kennel. 

No person shall operate a public auction public auction, dog day care facilit\. or a 
boarding kennel unless a license to operate such establishment shall have been granted 
by the Director. Application for such license shall be made in the manner provided by 
the Director. The license period shall be the fiscal year and the license fee shall be fifty 
one hundred fifty dollars ($50.00) ($150.00). The license shall expire on June 30. and 
may he renewed annually, for each license period or pari thereof beginning with the fir s t 
day of the fiscal year. " 

SECTION 12. G.S. 19A-29 reads as rewritten: 
"§ 19A-29. License required for dealer. 

No person shall be a dealer unless a license to deal shall have been granted by the 
Director to such person. Application for such license shall be in the manner provided by 
the Director. The license period shall be the fiscal year and the license fee shall be one 
hundred fifty dollars ($50.00) ($ 150.00). for each lic e ns e p e riod or part thereof, 



DRH70410-RK-32 (1/16) 26 



General Assembly of North C arolina Session 2003 

h o oinning with tho firnt dav of the fiscal vear. The license shall expire on June 30. and 
may be renewed annually. " 

SECTION 13. G.S. 19A-30 reads as rewritten: 
"§ 19A-30. Refusal, suspension or revocation of certificate or license. 

The Director may refuse to issue or renew or may suspend or revoke a ceitificate of 
registration for any animal shelter or a license for any public auction, kennel, pet shop. 
or dealer. if iT after an impartial investigation as provided in this .\rticle he Article, the 
Director determines that any one or more of the following grounds apply: 

(1) Material misstatement in the application for the original certificate of 
registration or license or in the application for any renewal under this 
Article; 

(2) Willful disregard or violation of this Article or any rules issued 
pursuant thereto; 

(3) Failure to provide adequate housing facilities and/or primary 
enclosures for the purposes of this Article, or if the feeding, watering, 
sanitizing and housing practices at the animal shelter, public auction, 
pet s hop, or kennel licensed facility are not consistent with the intent 
of this Article or the rules adopted under this Article; 

(4) Allowing one's license under this Article to be used by an unlicensed 
person; 

(5) Conviction of any crime an essential element of which is misstatement, 
fraud, or dishonesty, or conviction of any feleftyr felony, or conviction 
of any offense involving cruelty to animals; 

(6) Making substantial misrepresentations or false promises of a character 
likely to influence, persuade, or induce in connection with the business 
of a public auction, commercial k e nnel, p o t shop, or d e al e r: licensee; 

(7) Pursuing a continued course of misrepresentation of or making false 
promises through advertising, salesmen, agents, or otherwise in 
connection with the business to be iicensed: licensed: or 

(8) Failure to possess the necessary qualifications or to meet the 
requirements of this Article for the issuance or holding of a certificate 
of registration or license. 

The Director shall, before refiising to issue or renew and before suspension or 
revocation of a certificate of registration or a license, give to the applicant or holder 
thereof a written notice containing a statement indicating in what respects the applicant 
or holder has failed to satisfy the requirements for the holding of a certificate of 
registration or a license. If a certificate of registration or a license is suspended or 
revoked under the provisions hereof, the holder shall have five days from such 
suspension or revocation to surrender all certificates of registration or licenses issued 
there under to the Director or his authorized representative. 

A person to whom a certificate of registration or a license is denied, suspended, or 
revoked by the Director may contest the action by filing a petifion under G.S. 150B 23 
within five days after the denial, suspension, or revocation. 



DRH70410-RK-32 (1/16) 27 



General Assembly of North Carolina Session 2003 

Any licensee whose license is revoked under the provisions of this Article shall not 
be eligible to apply for a new license hereunder until on e year has three years have 
elapsed from the date of the order revoking said license or if an appeal is taken from 
said order of revocation, on e y e ar three vears from the date of the order or final 
judgment sustaining said revocation. Any person who has been an officer, agent, or 
employee of a licensee whose license has been revoked or suspended and who is 
responsible for or participated in the violation upon which the order of suspension or 
revocation was based, shall not be licensed within the period during which the order of 
suspension or revocation is in effect." 

SECTION 14. G.S. 19A-33 reads as rewritten: 
"§ 19A-33. Penalty for operation of pet s hop, kennel or auction without license. 

Operation of a- an animal shelter, animal sanctuary, dealer, dog daycare facilit\', pet 
shop, boarding kennel, or public auction without a currently valid license shall 
constitute a Class ^ 1 misdemeanor, misdemeanor subject onh to a p e nalty of not less 
than five dollar s ($5.00) nor more than twenty - five dollars ($25.00). and each day of 
operation shall constitute a separate offense. " 

SECTION 15. G.S. 19A-34 is hereby repealed. 
SECTION 16. G.S. 19A-35 reads as rewritten: 
"§ 19A-35. Penalty for failure to adequately care for animals ; di s position of 
animals . 
Failure of any person licensed or registered under this Article to adequately house, 
feed, and water animals in his possession or custody custody, in willful noncompliance 
with this Article or the rules adopted hereunder, shall constitute a Class ^ i 
misdemeanor, misdemeanor, and such person shall be subj e ct to a fin e of not l e ss than 
five dollars ($5.00) p e r animal or more than a total of on e thousand dollars ($1,000). 
Such animals shall be subject to seizure and impoundment impoundment, and upon 
conviction may be disposed of sold or e uthaniz e d at the discretion of the Dir e ctor 
Director. and such failur e shall also constitut e grounds for revocation of lic e ns e aft e r 
public hearing. " 

SECTION 17. G.S. 19A-36 reads as rewritten: 
"§ 19A-36. Penalty for violation of Article by animal control officer or dog 
warden. 
Violation of any provision of this Article which relates to the seizing, impoundment, 
and custody of an animal by an animal control officer or a dog warden shall constitute a 
Class ^2 misdemeanor and the person convicted thereof shall be subject to a fine of not 
less than fifty dollar s ($50.00) and not mor e than one hundred dollars ($100.00), and 
each animal handled in violafion shall constitute a separate offense. Persons authorized 
b\ anv countN or local government or law enforcement agency to perform the duties of 
an animal control officer or a dog warden shall be subject to the provisions of this 
section. " 

SECTION 18. G.S. 19A-37 reads as rewritten: 
"§ 19A-37. Application of Article. 

(a) This Article shall not apply to a place or establishment, which is operated 
under the immediate supervision of a duly licensed veterinarian as a hospital where 

DRH70410-RK-32 (1/16) 28 



General Assembl y of North Carolina Session 2003 

animals are harbored, boarded, and cared for incidental to the treatment, prevention, or 
alleviation of disease processes during the routine practice of the profession of 
veterinary medicine. A boarding kennel operated by a licensed veterinarian in 
conjunction with a veterinary hospital is exempt from this Anicle if operated under the 
same federal taxpayer identification number as the veterinarv hospital. 

(b) This Article shall not apply to any dealer, pet shop, public auction, 
commercial kennel or research facility during the period such dealer or research facility 
is in the possession of a valid license or registration granted by the Secretary of 
Agriculture pursuant to Title 7, Chapter 54, of the United States Code. This Article shall 
not apply to any individual who occasionally boards an animal on a noncommercial 
basis, although such individual may rec e iv e nominal sums to cover th e cost of such 
boarding. 

(c) This Article shall not apply to foster or rescue homes that maintain 15 or 
fewer animals at any one lime: provided, howeyer. that such foster or rescue homes 
shall comply with the record keeping and veterinarv care requirements for facilities 
licensed under this Article. In determining the total number of animals in a foster or 
rescue home, animals born on the foster or rescue home premises shall not he 
considered as animals temporarily held for adoption or transfer to the general public. 
This Article shall not supercede any local ordinance regulating the number of animals 
that any person mav keep on their premises. " 

SECTION 19. G.S. 19A-39 reads as rewritten: 
"§ 19A-39. Article inapplicable to establishments for training hunting dogs. 

Nothing in this Article shall apply to those kennels or establishments operated 
primarily for the purpose of boarding ei^ and training hunting dogs." 

SECTION 20. G.S. 1 9 A-40 reads as rewritten: 
"§ 19A-40. Civil Penalties. 

(a) The-Director may assess a civil penalty of not more than five thousand dollars 
($5,000) and not less than one hundred dollars ($100.00) against any person who 
violates a provision of this Article or any rule promulgated there under. In determining 
the amount of the penalty, the Director shall consider the degree and extent of harm 
caused by the violation. The clear proceeds of civil penalties assessed pursuant to this 
section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with 
G.S. 115C-457.2. 

(b) Anv licensee who fails to con-ect a violation for which a citation has been 
issued under this Article within the period allowed for its con-ection (which period shall 
not begin to run until the date of the final Order), mav be assessed a civil penalty of not 
more than one thousand dollars ($1.000). The assessment shall be made to apply to each 
day during which the failure or violation continues. 

(c) The Commissioner upon recommendation of the Director, shall have 
authority to assess all civil penalties provided bv this Article, giving due consideration 
10 the appropriateness of the penalty with respect to the following factors: 

(1) Size of the business of the licensee being charged, 

(2) The gi-aviiv of the violation, 

(3) The good faith of the licensee, and 

DRH70410-RK-32 (1/16) 29 



General Assembly of North Carolina Session 2003 

(4) The record of previous violations: provided that for purposes of 
determining repeat violations, onlv the record within the previous three 
vears is applicable. " 
SECTION 21. Article 3 of Chapter 19A of the General Statutes is amended 
by adding new sections to read: 
" § 19A-4L Procedure for immediate seizure of animals. 

The Commissioner or his authorized representatives shall ha\e the same powers to 
seize an animal as an animal cruelty investigator pursuant to G.S. 19A-46. The 
provisions of G.S. 19A-46. 19A-47. and 19A-48 shall he applicable to anv animals 
seized under this section, except that the Commissioner shall file the complaint in the 
superior court in the county in which the alleged cruelty has occun'ed. 
" § 19A-42. Preliminary and Permanent Injunctions. 

(a) The superior courts of this State shall have jurisdiction, upon petition of the 
Commissioner, to restrain any alleged cruel conditions or practice which could 
reasonably be expected to immediately cause death or harm to an animal or animals, or 
cause death or harm before the imminence of such danger can be eliminated through the 
enforcement procedures otherwise provided bv this Article. 

(b) Upon the filing of a verified complaint in the superior court in the county in 
which cruelt\' to an animal has allegedly occurred, the judge may, as a matter of 
discretion, issue a preliminary injunction in accordance with the procedures set forth in 
G.S. lA-1. Rule 65. Everv such preliminary injunction nia\ give the Departmeni the 
right to provide suitable care for the animal. If it appears on the face of the complaint 
that the condition giving rise to the cruel treatment of an animal requires the animal to 
be removed from its owner or other person who possesses it. then it shall be proper for 
the court in the preliminary injunction to allow the Department to take possession of the 
animal. If the Department is authorized to take possession, it mav place the animals with 
either public or private entities for suitable care during the disposition of the case, fhe 
necessar\' expenses of caring for animals transferred to the Department, including 
veterinary care, shall be a charge against the animal's owner and a lien on the animal to 
be enforced as provided by G.S. 44A-4. 

(c) In accordance yvith G.S. lA-1. Rule 65, the judge in the countv in which the 
original action was brought shall determine the merits of the action bv trial without a 
jiu'v. and upon hearing such evidence as may be presented, shall enter orders as the 
court deems appropriate, including a permanent injunction and dismissal of the action 
along with dissolution of an\ preliminary injunction that had been issued. In addition, if 
the court finds b\ a preponderance of the evidence that even if a permanent injunction 
were issued there would exist a substantial risk that the animal would be subjected to 
further cruelty if returned to the possession of the defendant, the court mav terminate 
the defendant's ownership and right of possession of the animal and transfer ownership 
and right of possession to the State or other appropriate successor owner. 

" § 19A-43. Sterilization of animals adopted from animal shelters; record keeping; 
penalties. 
(a) No animal adopted by a new owner from an animal shelter registered or 
licensed under this Article shall be released from the shelter unless it has been sterilized. 

DRH70410-RK-32 (1/16) 30 



General Assembly of North Carolina Session 2003 

(1) For purposes of this Article, a new owner is the person, other than an 
animal welfare organization, that adopts a cat or dog for the purpose of 
providing the animal a permanent home. 

(2) }-or purposes of this Article, "animal welfare organization" shall 
include a private animal adoption agency, rescue or foster home, or 
other organization providing animal welfare senices. 

(b) The sterilization requirement set forth in subsection (a) of this section shall 
not apph ii'anv one of the following circumstances applies: 

( 1) The cat or dog is less than six months of age and the shelter does not 
have access to a licensed veterinarian who perfomis pediatric 
sterilizations on cats and dogs. 

(2) A licensed veterinarian has determined that the animal has a health 
condition that temporarily precludes it froin undergoing surgerv 
because of a significant risk of aggravating the condition. 

(3) A licensed veterinarian determines that the animal has a health 
condition that permanently precludes the animal from undergoing 
sterilization because of a significant risk of iniur^' or death. 

(4) The animal is released by the animal shelter to an animal welfare 
organization purstiant to the provisions of subsection (c) of this 
section. 

(5) The animal is released by the animal shelter to a licensed animal 
sanctuary that will provide lifetime care for that animal. 

(c) A dog or cat may be released to an animal welfare organization approved bv 
the animal shelter for the purpose of facilitating adoptions. The animal welfare 
organization shall enter into a written agreement yvith the animal shelter that an animal 
will be released to a new^ owner only in accordance with the terms of this section. 
Animal welfare organizations allowed to take animals for the purpose of adopting them 
out to new owners shall provide the releasing animal shelter yvith a copy of anv 
sterilization agreements entered into bv new owners. If an animal welfare organization 
to which animals have been released fails to comply with the requirements of this 
section, the animal shelter shall no longer release animals to that organization except 
upon payment of the seventy-five dollar (S75.00) deposit for each animal in accordance 
with the provisions of subsection (d) of this section. 

(d) In the event that an animal cannot undergo sterilization prior to its release to a 
new owner from the animal shelter for the reasons provided in subdivisions (b)(1) or 
(b)(2) of this section, the new owner shall sign an agreement with the animal shelter to 
have the animal .sterilized by a licensed veterinarian within 60 davs of the acquisition of 
the animal from the shelter, or. in the case of an immature animal, within 30 days of the 
animal reaching six months of age. The new owner shall make a deposit with the animal 
shelter in the amount of seventy-five dollars ($75.00) to ensure that the adopted animal 
is sterilized. The deposit shall be made in addition to anv other fees charged by the 
shelter for the adoption of an animal. The deposit is refundable in accordance with the 
terms of subsection (f) of this section. 

(e) The .sterilization agreement shall include the following provisions: 

DRH7G410-RK-32 (1/16) 31 



General Assembly of North Carolina Session 2003 

(1) The name, address, and phone number of the new owner and of the 
animal shelter or animal welfare organization releasing the animal. 



(2) A physical description of the animal being adopted. 

(3) The date bv which the animal being adopted must be sterilized. For 
purposes of this section, this date shall be known as the 'expiration 
date' of the sterilization agreement. 

(4) The date bv which the animal shelter or animal welfare organization 
releasing the animal must receive notification from the new owner that 
the animal has been sterilized. 

(5) The conditions under w^hich an extension of the time in which to have 
the animal sterilized may be allowed. 

(6) The conditions under w^hich the deposit made bv the new owner shall 
be refunded. 

(7) A statement in at least 14-point type that failure to complv with the 
terms of the agreement will result in the forfeiture of the deposit paid 
b\ the new owner, and that the animal adopted may be reclaimed bv 
the animal shelter. 

(8) The signature of the new owner, the signature of the animal shelter or 
animal welfare organization employee in charge of the adoption, and 
the date of the agreement. 

(f) The deposit made by a new owner pursuant to subsection (c) of this section 
shall be refunded to the new owner if. within five days after the expiration date of the 
sterilization agreement, the animal shelter receives : 

(1) A written statement bv a licensed veterinarian stating that the adopted 
animal has been sterilized. The written statement shall contain a 
description of the animal sterilized and shall be signed by the licensed 
veterinarian perfonTiing the surgery. 

(2) A written statement bv a licensed veterinarian stating that the adopted 
animal cannot be sterilized due to health conditions, old age or for 
other reasons. 

(3) Reasonable proof that the adopted animal died before the expiration of 
the sterilization agreement. 

The deposit made by a new owner pursuant to subsection (d) shall be refunded to the 
owner if. prior to the expiration date of the sterilization agreement, the new owner 
returns the animal to the animal shelter. 

(g) A 30-dav extension of time to have an adopted animal sterilized shall be 
granted if the new owner, prior to the expiration date of the sterilization agreement, 
presents the animal shelter with a written statement from a licensed veterinarian stating 
that the animal's physical condition precludes the surgery prior to the expiration of the 
sterilization agreement. Additional extensions may be granted if the new owner 
provides wTitten statements from a licensed veterinarian justifying the extensions. 

(h) A new owner who fails to complv with the sterilization agreement shall 
forfeit the monev deposited with the animal shelter, and the adopted animal mav be 
reclaimed by the animal shelter. 

DRH70410-RK-32 (1/16) 32 



General Assembly of North Carolina Session 2003 

(i) Each animal shelter shall maintain records of the documents required h\- this 
section, including sterilization agreements, contlnnations of sterilization, statements of 
medical reasons for delayed sterilizations, evidence of death of adopted animals and 
records of transfers of animals to animal adoption agencies, foster and rescue agencies 
or other animal welfare agencies, and the disposition of those animals bv those 
agencies. " 

SECTION 22. G.S. 130A-192 reads as rewritten: 
"§ 130A-192. Dogs and cats not wearing required rabies vaccination tags. 

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 shall be established by the county board 
of commissioners, but the duration shall not be less than 72 hours, the period established 
bv the Board of Agriculture pursuant to G.S. 19A-24(6). 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; transferred to anv facility licensed or registered under Article 3 of Chapter 
19A of the General Statutes: or put to death by a procedure approved in accordance with 
Article 3 of Chapter 19A of the General Statutes, by the American Veterinary Medical 
Association, the Humane Society of the United States or of the American Mumane 
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, impoundment by the Animal Control Officer, the method of disposal 
of the animal animal, and the name of the animal shelter or other person person or 
institution to whom any animal has been released. Persons authorized bv any county or 
local governmental or law enforcement agency to perfonn the duties of an Animal 
Control Officer shall be subject to the provisions of this section. " 

SECTION 23. Sections I and 2 of this act are effective when they become 
law. Section 3 of this act is effective when it becomes law, except that G.S. I9A-73 is 
effective January 1, 2005, and applies to pet food manufactured or distributed in this 
State on or after that date. Section 4 of this act becomes effective January 1, 2005, and 
applies to income tax returns filed for fiscal years beginning with 2004. Section 5 of 
this act becomes effective July I, 2005, and the remainder of this act becomes effective 
December I, 2004, and applies to offenses committed on or after that date. 

DRH70410-RK-32 (1/16) 33