​NORTH CAROLINA LEGISLATIVE UPDATE
ANIMAL LAW SUMMIT

CHICAGO BAR ASSOCIATION  
AUGUST 17-18, 2017
WILDLIFE ANIMALS

Enacted in 2016-2017 session  
 
1.  S.L. 2017-73 - AN ACT TO PERMIT FOX AND COYOTE TRAPPING IN DAVIE AND YADKIN COUNTIES (HB 272)
  • Unrestricted fox and coyote trapping legalized in two neighboring central-NC counties just west of Greensboro/Winston-Salem/High Point
  • No bag limit
  • No tagging requirements before or after sale 
  • Expands seasons (foxes: one month early; coyotes: one month early, one month late)

2.  S.L. 2017-46 - COYOTE BOUNTY PILOT PROGRAM (SB 249))
  • Richmond County only
  • Allows county to create "Powerball" bounty program as incentive
  • County will catch up to 10 coyotes; will neuter, tattoo, and then release them back into the wild
  • Anyone who takes a coyote bearing the tattoo will win $500
Raleigh News & Observer, Get Paid to Shoot “Powerball” Coyotes Under New NC Law (June 22, 2017)


See also:
-- Coyote and fox trapping regulations prior to S.L. 2017-73
-- Fox hunting and trapping seasons and additional regulations (NC Wildlife Resources Commission)


PENDING SPECIAL SESSIONS

HB 597 – CREATING THE CRIMINAL OFFENSE OF MALICIOUS INJURY THROUGH USE OF A TRAP IN PUBLIC PARKS
  • Trap must be set or procured for the purpose of injuring another person   
  • Public areas include parks, trails, recreational areas, greenways, State forests
  • Penalties apply only when a person is injured as a result
  • Passed House unanimously ​
FARMED ANIMALS
"Right to Farm"

S.L. 2017-11  – AN ACT TO CLARIFY THE REMEDIES AVAILABLE IN PRIVATE NUISANCE ACTIONS AGAINST AGRICULTURAL AND FORESTRY OPERATIONS (HB 467/SB 460)
  • Severely limits economic damages for nuisance suits against “agricultural and forestry operations” 
  • Generally, remedies for permanent and temporary nuisance claims limited to departures from fair market value or fair rental value
  • Enacted over Governor's veto
  • G.A. response to nuisance suits against Murphy-Brown hog facilities in eastern N.C.
Confinement  

§ 153A-145.4 [county]/ § 160A-203.1 [municipality] - LIMITATIONS ON STANDARDS OF CARE FOR FARM ANIMALS (2015)
  • No ordinance may regulate standards of care for farm animals.
  • Standards of care for farm animals "includes the following: the construction, repair, or improvement of farm animal shelter or housing; restrictions on the types of feed or medicines that may be administered to farm animals; and exercise and social interaction requirements."
  • Farm animals includes "cattle, oxen, bison, sheep, swine, goats, horses, ponies, mules, donkeys, hinnies, llamas, alpacas, lagomorphs, ratites, and poultry [flocks of greater than 20 birds]."


Anti-Whistleblower

N.C.G.S. § 99A-2 - RECOVERY OF DAMAGES FOR EXCEEDING THE SCOPE OF AUTHORIZED ACCESS TO PROPERTY (eff. Jan. 1, 2016) 
  • Enhanced civil remedies for property owner against person who exceeds his scope of authority in entering the owner's non-public premises 
  • For "all damages sustained"
  • Remedies include equitable relief; compensatory and exemplary ($5000/day) damages; attorney fees and costs
  • Enacted over (Republican) Governor's veto in 2015
  • ​Arkansas enacted similar version in 2017

​
PETA; ALDF; Ctr. for Food Safety; Food & Water Watch; Farm Sanctuary; Govt Accountability Proj.; ASPCA; Farm Forward v. Stein, 1:16CV25, 2017 WL 1683188 (M.D.N.C., May 2, 2017)
  • Granted Δs’ Motion to Dismiss
  • Appealed to Fourth Circuit
COMPANION ANIMALS

Enacted in 2017-2018 session  

S.L. 2017-106 -- IMPLEMENTING THE RECOMMENDATIONS AND GUIDELINES OF THE NATIONAL ASSOCIATION OF STATE PUBLIC HEALTH VETERINARIANS REGARDING THE MANAGEMENT OF DOGS, CATS, AND FERRETS EXPOSED TO RABIES (SB 74)  

Pending special sessions (2017)

SB 292 - VIOLATION OF A CITY OR COUNTY ORDINANCE IS NOT AUTOMATICALLY PUNISHABLE AS A MISDEMEANOR OR INFRACTION
  • ​Would require county or municipality to amend animal protection ordinances with express statements as to misdemeanor status
  • Without amendment, ordinance will no longer be punishable as misdemeanor (felonies not covered)
  • An ordinance may not be passed on the day it is introduced if it includes criminal penalty language (requires prolonged discussion or amendment)


Enacted in 2015-2016 session

NC Criminal Procedure Act, N.C.G.S. § 15A-266.3A, amended to require that samples be taken for “DNA analysis upon arrest for certain offenses” that now include:
  • G.S. 14‑163.1(a1), Assaulting a law enforcement agency animal, an assistance animal, or a search and rescue animal willfully killing the animal;.
  • G.S. 14‑360(a1), Cruelty to animals; maliciously kill by intentional deprivation of necessary sustenance; and
  • G.S. 14‑360(b), Cruelty to animals; maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill.
 (Enacted as part of 2015 appropriations act)


N.C.G. S. § 114-8.7 - ANIMAL WELFARE HOTLINE AND COURT FEE TO SUPPORT THE INVESTIGATION OF ANIMAL CRUELTY VIOLATIONS
  • Animal Welfare Hotline created within state DOJ to centralize reporting of animal cruelty.  Complaints are submitted over the phone or through a complaint form.  
  • List of complaints maintained by two non-law enforcement personnel (summaries available on request)
  • Complaints are referred to "the appropriate authority" if the department determines that the complaint constitutes animal cruelty


Notable Defeats

HB 271 (2015-16) – would have severely restricted ownership of “dangerous” or “at risk” dogs
HB 751  (2015-16) - would have preempted county or municipal BSL ordinances

HB 179 -  (“Puppy Mill” bill) - AN ACT TO ESTABLISH STANDARDS OF CARE FOR LARGE COMMERCIAL DOG BREEDING FACILITIES AND TO PROVIDE LAW ENFORCEMENT WITH TOOLS TO ENSURE THAT DOGS AT THOSE FACILITIES ARE TREATED HUMANELY
   Other "puppy mill" bills have been unsuccessful in these sessions:
Puppy Mill bust in Cabarrus County, NC covered in Rolling Stone, January, 2017
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