North Carolina SB 385: LPA Transaction Rates and Compensation.
Status: Passed 1st Reading (as of 2021-03-30)
State: North Carolina · Session: 2021 · Bill: SB 385
Subjects: COMMERCE, CONTRACTS, DMV, LICENSE PLATES, LICENSES & PERMITS, MOTOR VEHICLES, PRIVATIZATION, PUBLIC
Sponsors: McInnis, Sawyer, Britt
Bill Text
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 1 SENATE BILL 385 Short Title: Amend Dangerous Dog Statutes. (Public) Sponsors: Senators Meyer and Moffitt (Primary Sponsors). Referred to: Rules and Operations of the Senate March 25, 2025 *S385-v-1* A BILL TO BE ENTITLED 1 AN ACT TO PROVIDE FOR A PROCEDURE FOR SETTING ASIDE A POTENTIALLY 2 DANGEROUS DOG DESIGNATION. 3 The General Assembly of North Carolina enacts: 4 SECTION 1. G.S. 67-4.1 is amended by adding a new subsection to read: 5 "(d) Set Aside of Potentially Dangerous Dog Designation. – For purposes of this 6 subsection, "authority" means the county or municipal authority responsible for animal control. 7 An owner of a dog determined to be a "potentially dangerous dog" under subsection (c) of this 8 section may request in writing to the authority at any time more than 18 months after the date of 9 that determination that it be set aside by following the procedures in this subsection: 10 (1) Application and assessment required. – The request for set aside of the 11 potentially dangerous dog determination shall be made on an application 12 provided by the authority. The authority may charge a fee to cover the costs 13 of processing and review of the application. The application must also be 14 accompanied by an assessment of the dog completed by a person approved by 15 the authority and accredited by the Certification Council for Professional Dog 16 Trainers or another accrediting body recognized and approved by the 17 authority. The assessment must include, at a minimum, an evaluation of the 18 behavior underlying the declaration that the dog was a potentially dangerous 19 dog and the owner's or keeper's ability to manage the dog. 20 (2) Factors considered in determination. – The authority shall consider all of the 21 following in reaching its determination: 22 a. The outcomes of the assessment described in subdivision (1) of this 23 subsection. 24 b. The nature of the original behaviors that led to the "potentially 25 dangerous dog" determination and any other reasons for the original 26 determination. 27 c. The management and care of the animal since the determination. 28 d. Any changes in the animal's behavior since the declaration due to the 29 animal's age, environment, training, or other factors found to be 30 relevant by the authority. 31 (3) Decision on declaration. – The authority may revoke the declaration if, after 32 considering the application, the assessment, and the factors described in 33 subdivision (2) of this subsection, the authority determines the dog is no 34 longer potentially dangerous. The authority shall issue written findings to the 35 owner or keeper stating the basis for his or her decision and, if the authority 36 General Assembly Of North Carolina Session 2025 Page 2 Senate Bill 385-First Edition has denied the revocation, the date upon which the owner or keeper may make 1 a new request that the determination be set aside. The authority's decision to 2 set aside or not set aside a potentially dangerous dog declaration is final and 3 not subject to any administrative or judicial appeal. No liability shall attach to 4 any municipality, county, or any employee or officer thereof for a decision 5 made in accordance with this subsection." 6 SECTION 2. This act becomes effective October 1, 2025. 7
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