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Bill Summary · HB 540

HB 540 — "Fiona Mae Wagglebottom's Act." — Summary

Status: Passed 1st Reading (bill text as drafted in session)
Subject areas: Animal welfare; crimes; appropriations; domestic animals

Main purpose

To expand North Carolina’s animal cruelty statute to explicitly make the failure to provide “adequate shelter” a form of cruelty and to define what qualifies as adequate shelter. The bill also provides a modest appropriation for a public awareness campaign about the law change.

Key provisions

  • Amends G.S. 14‑360 (cruelty to animals) to add deprivation of “adequate shelter” to existing prohibitions (alongside depriving necessary sustenance, torturing, etc.). Each act is a separate offense.
  • Penalties:
    • Deprivation of necessary sustenance or adequate shelter: Class 1 misdemeanor (existing provision broadened).
    • Malicious killing by intentional deprivation of necessary sustenance: Class H felony.
    • Malicious torture, mutilation, poisoning, etc.: Class H felony (existing).
  • Definition of “adequate shelter” (detailed, objective criteria):
    • Suitable for the species, age, condition, size and type of the animal.
    • Protects from injury, rain/sleet/snow/hail, direct sunlight, heat or cold, and prevents impairment of health.
    • Properly cleaned so animal can remain clean and dry (unless species‑specific needs differ).
    • Shaded and not heat‑conductive when ambient temperature > 85°F.
    • Provides a windbreak and, when ambient temperature < 32°F, bedding material (e.g., straw, cedar shavings) sufficient to retain body heat.
    • For dogs and cats: a solid surface/resting platform or pad large enough for normal lying and maintainable in a sanitary manner.
    • Wire/grid/slat floors must not allow feet to pass through, sag, or injure feet/toes.
    • Explicitly excludes "outdoor tethering of an animal during any period of extreme weather" as adequate shelter.
  • Definitions and thresholds:
    • “Extreme weather” includes hurricane/tropical storm warnings, heat advisories, severe weather warnings, and ambient temperatures >85°F or <32°F.
    • “Animal” defined to cover living vertebrates in Amphibia, Reptilia, Aves, Mammalia (except humans).
    • Clarifies “intentionally” and “maliciously.”
  • Exclusions: lawful hunting, veterinary procedures, authorized biomedical research or animal production activities, lawful destruction for public safety, physical alterations for breed/show standards, and lawful use of dogs in hunts.
  • Appropriation: $100,000 (FY 2023–2024) to the Department of Agriculture and Consumer Services for a public awareness campaign by the Animal Welfare Section about the law change.
  • Effective dates (as drafted): appropriation effective July 1, 2023; substantive changes effective December 1, 2023 and apply to offenses committed on or after that date.

Who is affected

  • Domestic animal owners and caretakers (especially owners of dogs and cats) — new or clarified legal obligations for shelter and care.
  • Animal control agencies, local law enforcement, and prosecutors — additional grounds for investigation and charges; may require training or updated enforcement guidance.
  • Animal welfare organizations and shelters — potential partners for outreach and implementation.
  • Agricultural operations and research institutions — largely excluded where lawfully engaged in production, research, or veterinary activities.

Potential impacts and considerations

  • Creates clearer, objective criteria to assess shelter adequacy (may reduce ambiguity in enforcement and prosecutions).
  • May increase misdemeanor filings and enforcement actions for inadequate shelter; local agencies may need training/resources to apply the new standards.
  • The $100,000 appropriation funds public awareness (one fiscal year) to educate the public and stakeholders about the changes.
  • The tethering exclusion during extreme weather places a specific restriction on leaving animals tethered in hazardous conditions.

This summary reflects the bill language as drafted; final statutory text, effective dates, and funding will depend on enactment and any amendments during the legislative process.

Compiled from official sources — confirm details with the bill’s official record.

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