A bill that would establish minimum standards of care for domestic dogs and cats unanimously passed the North Carolina House Judiciary Committee on Tuesday, but its future is uncertain as the session moves toward its end.
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House Bill 657 would require owners to provide care, exercise, food, shelter, space, water, and veterinary treatment for “companion animals,” which the bill defines as only domestic dogs and cats.
The bill was named after Duke, a dog who was rescued after being found chained outside next to another dog who had starved to death. H657 would prohibit owners from tethering animals outside in extreme weather conditions, including in temperatures below 32 degrees and above 85 degrees Fahrenheit.
A first violation would be a class three misdemeanor, and a second violation would be elevated to a class two misdemeanor, neither of which involves jail time or significant fines.
Committee members questioned whether the punishment is sufficient, since under the state’s current animal cruelty law, depriving animals of “necessary sustenance” is a more serious class one misdemeanor.
“I think people who are cruel to animals are cut below the rest of us, just to be blunt about it, and I’d like to see some of them tethered to a tree for a couple three hours, just to see what it is like,” Rep. Abe Johns (D-Wake) said during Tuesday’s committee meeting.
Rep. Stephen Ross (R-Alamance), one of the bill’s primary sponsors, said he worked with various organizations with concerns about the bill to create exceptions for dogs used for hunting, sport or shepherding. The committee also passed an amendment that allows domestic companions to be tethered by veterinarians or groomers when needed.
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Despite those carve-outs, Nathen Honaker, an attorney representing the North Carolina Sporting Dog Association, told the committee the group remain concerned about the ambiguity of the bill and doesn’t think it’s necessary because current law should cover the problem.
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“We’ve got standards in this bill that mention what’s appropriate for the age of the species, or what’s appropriate for an animal with this particular type of muscle tone. There’s a lot of ambiguity in those standards,” Honaker said. “The current standard is, if you’re causing an animal pain, you’re guilty of a serious misdemeanor.”
Laws that would set minimum standards for care or breeding of domestic animals have faced an uphill battle over the years at the General Assembly. An attempt to outlaw puppy mills in 2013 died in the state Senate, despite the backing of the governor and his wife. Groups that advocate for breeders, farmers and hunters who hunt with dogs have also objected to animal welfare bills over the years.
A spokeswoman for The American Kennel Club said they need to evaluate the amendments made to the bill Tuesday before taking a position on it.
PETA, one of the largest animal rights advocacy organizations, is backing the proposal.
“North Carolinians have been sounding the alarm for years about inadequate animal protection standards,” said PETA Senior Vice President Daphna Nachminovitch. “With dogs throughout the state being left to suffer on chains and in pens outdoors 24/7 through all weather extremes, Duke’s Rescue Act is a long-overdue step in the right direction.”
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