NORTH CAROLINA SENATE BILL 1032
Judiciary II Committee Substitute Adopted 5/18/05
House Committee Substitute Favorable 7/26/05
Short Title: Study Inherently Dangerous Animals.
March 24, 2005
A BILL TO BE ENTITLED
AN ACT directing the department of environment and natural resources to determine the best means of Protecting the public against the health and safety risks posed by Inherently Dangerous Animals.
The General Assembly of North Carolina enacts:
SECTION 1. The Department of Environment and Natural Resources, in consultation with the North Carolina Zoological Park and the Wildlife Resources Commission, shall study the need to protect the public against the health and safety risks posed by inherently dangerous animals and propose a means of best providing that protection to the public while protecting the welfare of inherently dangerous animals as well. In developing recommendations, the Department shall consult with the following entities or groups, or appropriate representatives of those entities or groups:
(1) The Department of Agriculture and Consumer Services.
(2) The Division of Public Health of the Department of Health and Human Services.
(3) The North Carolina State University College of Veterinary Medicine.
(4) The State Animal Response Team.
(5) Local law enforcement officials.
(6) Local animal control officials.
(7) Wild animal breeders.
(8) Exotic pet hobbyists.
(9) Commercial pet retailers.
(10) Small zoo owners.
(11) Humane organizations.
(12) Any other entities or groups whose interests may be affected by proposed regulations.
SECTION 2. The Department shall report its findings to the General Assembly no later than the convening of the 2006 Regular Session of the 2005 General Assembly. Any legislation recommended in the report may be considered during the 2006 Regular Session of the 2005 General Assembly.
SECTION 3. The report made by the Department of Environment and Natural Resources pursuant to this act shall include:
(1) A list of the types of animals that possess such inherently dangerous characteristics that they should not be owned or possessed by persons who do not have special expertise or training, and a determination as to whether these animals should be grouped into classes for differential treatment based upon the nature and extent of the threat they pose to the public. This list should also include information about the nature of the dangers posed by each type of animal.
(2) A suggested means for regulating ownership of certain animals, including a means of enforcing any proposed restrictions on the ownership or possession of those animals. This portion of the report may include an evaluation of regulations in place in other jurisdictions that have proven to be effective in protecting the public from inherently dangerous animals.
(3) A plan for addressing inherently dangerous animals that are indigenous species within the jurisdiction of the Wildlife Resources Commission under Article 22 of Chapter 113 of the General Statutes and a consideration as to whether any potential legislation should broadly address the keeping of any wildlife as pets, whether indigenous or not and whether inherently dangerous or not. This portion of the report should result from extensive consultation with the Wildlife Resources Commission.
(4) A recommendation as to whether persons owning or possessing animals covered by any proposed restrictions should be grandfathered in under a regulatory scheme and the appropriate means of grandfathering those persons in, including consideration of whether certain animals are so threatening to the public safety that the grandfathering of untrained owners or possessors should not be allowed under any circumstances.
(5) A recommended list, as comprehensive as possible, of persons and entities that should be exempted from the proposed restrictions on ownership or possession of the animals covered by any proposed restrictions, such as zoos, veterinary hospitals, wildlife sanctuaries, research institutions, and the like.
SECTION 4. This act is effective when it becomes law.
well we regulate tigers out here in CA and they still get away.