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)
2. S.L. 2017-46 - COYOTE BOUNTY PILOT PROGRAM (SB 249))
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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
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
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"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)
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Confinement
§ 153A-145.4 [county]/ § 160A-203.1 [municipality] - LIMITATIONS ON STANDARDS OF CARE FOR FARM ANIMALS (2015)
Anti-Whistleblower
N.C.G.S. § 99A-2 - RECOVERY OF DAMAGES FOR EXCEEDING THE SCOPE OF AUTHORIZED ACCESS TO PROPERTY (eff. Jan. 1, 2016)
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)
§ 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
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:
N.C.G. S. § 114-8.7 - ANIMAL WELFARE HOTLINE AND COURT FEE TO SUPPORT THE INVESTIGATION OF ANIMAL CRUELTY VIOLATIONS
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)
- Nat'l Ass'n of State Public Health Veterinarians, Compendium of Animal Rabies Prevention and Control
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.
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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