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Please read. Important! Many disturbing changes have been made to the proposed rules, including those listed below. Since the draft has been significantly changed, it should be republished in the North Carolina Register for for a new 60 day public comment period. My understanding is that the NC Rules Commission will likely vote on this version of the rules at their July 17 meeting, without the 60 day comment period. Do you agree with these altered rules becoming part of our state law without adequate time for public input? Changes made: .0405 .0405c) Removed requirement for trainer to be approved! PAGE 11 .0406-7) Employees responsible for "humanely euthanizing" changed to "euthanizing". .0406-8) "Proper and lawful disposal" changed to merely "disposing". "Approved drugs" changed to "drugs." .0501 Intracardiac injection---"properly anesthestized" changed to simply "anesthetized." .0602 MAJOR CHANGE to ALL Prior drafts: .0607 Chamber no longer has to be "well cleaned" between uses, merely "cleaned." Sadly, the rule phasing out the use of gas chambers in 2012 was removed, which in itself is a significant change from the most recent published version. Thousands of concerned citizens sent letters and emails to the NC Department of Agriculture over the past year demanding humane treatment for our sheltered animals. Instead of answering those concerns, the new version of the rules has taken a huge step backward. For those of you who have lost track, the following link shows a timeline of the rules process to date, with dates left blank for the most recent revisions. http://ncagr.com/vet/aws/EuthanasiaTimeline.htm If you disagree with the newest changes to the proposed rules for animal shelters in North Carolina, please send a written letter asking for a legislative review to:
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ACT NOW - Spay/Neuter Funding Bill HB2719: I am sure you are all tired of getting the emails telling you about the endless supply of dogs and cats needing homes in our shelters. We all know most never make it out alive. We have to stop this where it starts and help those who can’t afford to alter their animals that, in turn, give birth to unwanted litters over and over again. If you have not written to the legislators in the Appropriations Committee asking them to support the spay/neuter funding bill (HB 2719) – please send emails or make calls ASAP. This bill needs our support to push it through. The word is that it will be heard tomorrow so send your emails out as soon as possible. If you don’t get this in time, send an email anyway. Bills have a long process to go through to pass so it is never too late to ask for support if the bill is still active. Please send a short, polite email to the committee members below who will hear the bill and vote on it first. Just copy and paste the below email addresses into a new email to ask them to support the Spay/Neuter Funding Bill HB2719: From NCVAW – please call/write in support of the new S/N bill (HB 2719) below. This bill will increase funds for the low cost S/N program in NC. We must generate support for this bill as it will only help to curb our overpopulation problem. This is a House bill and has been referred to the Appropriations committee. This is a very large group and to make things easier I recommend writing to the Chair members unless you have the time to look up all members’ email addresses. ALSO, it is imperative that you write to your House Rep and ask him/her to become a co-sponsor of this HB 2719. Below you find several things – the email addresses of the Chair Reps, the entire list of Appropriations members, the link to look up your Rep and the text of the bill. Please write today and don’t forget to put SUPPORT HB 2719 Spay/Neuter Funding Bill in the subject line. Also remember to include your name and NC county especially when you are writing to your own Rep. They listen to their constituents (those that vote them into office) more than anyone else!
** To find your House Rep click here - http://ncleg.net/GIS/Representation
**Email addresses for the Chair members: Mickeym@ncleg.net, Almaa@ncleg.net, Marthaa@ncleg.net, Jimcr@ncleg.net, Philliph@ncleg.net, Maggiej@ncleg.net, Joet@ncleg.net, Douglasy@ncleg.net
* copy and paste these email addresses into one email to send it to the Appr. Chair members – you don’t need to send individual emails *
2008 Appropriations Committee – all members are listed below, click on any name to go to their webpage to obtain their phone number, etc.
Details
Members
HOUSE BILL 2719*
May 28, 2008
A BILL TO BE ENTITLED
AN ACT TO APPROPRIATE FUNDS TO THE SPAY/NEUTER ACCOUNT AND TO TRANSFER ADMINISTRATION OF THE VOLUNTARY SPAY/NEUTER PROGRAM TO THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.
The General Assembly of North Carolina enacts:
SECTION 1.(a) The Spay/Neuter Program established under G.S. 19A‑61 and the Spay/Neuter Account established under G .S. 19A‑61 are transferred from the Department of Health and Human Services to the Department of Agriculture and Consumer Services by a Type I transfer as defined by G.S. 143A‑6. Any unexpended funds appropriated to the Department of Health and Human Services for the 2008‑2009 fiscal year to implement the Spay/Neuter Program are transferred to the Department of Agriculture and Consumer Services.
SECTION 1.(b) G.S. 19A‑61 reads as rewritten:
There is established in the Department of Health and Human Services Agriculture and Consumer Services a voluntary statewide program to foster the spaying and neutering of dogs and cats for the purpose of reducing the population of unwanted animals in the State. The program shall consist of the following components:
(1) Education Program. – The Department shall establish a statewide program to educate the public about the benefits of having cats and dogs spayed and neutered. The Department may work cooperatively on the program with the North Carolina School of Veterinary Medicine, other State agencies and departments, county and city health departments and animal control agencies, and statewide and local humane organizations. The Department may employ outside consultants to assist with the education program.
(2) Local Spay/Neuter Assistance Program. – The Department shall administer the Spay/Neuter Account established in G.S. 19A‑62. Monies deposited in the account shall be available to reimburse eligible counties and cities for the direct costs of spay/neuter surgeries for cats and dogs made available to low‑income persons."
SECTION 1.(c) G.S. 19A‑62 reads as rewritten:
"§ 19A‑62. Spay/Neuter Account established.
(a) Creation. – The Spay/Neuter Account is established as a nonreverting special revenue account in the Department of Health and Human Services. Agriculture and Consumer Services. The Account consists of the following:
(1) The portion of the fee imposed under G.S. 130A‑190(b)(4) for obtaining a rabies vaccination tag from the Department of Health and Human Services.
(2) Ten dollars ($10.00) of the additional fee imposed by G.S. 20‑79.7 for an Animal Lovers special license plate.
(2a) Funds transferred pursuant to G.S. 106‑284.40(d).
(3) Any other funds available from appropriations by the General Assembly or from contributions and grants from public or private sources.
(b) Use. – The revenue in the Account shall be used by the Department of Health and Human Services Agriculture and Consumer Services as follows:
(1) If the revenue generated by the portion of the fee imposed under G.S. 130A‑190(b)(3) is less than forty‑seven thousand five hundred dollars ($47,500) for the fiscal year, then funds up to the difference between forty‑seven thousand five hundred dollars ($47,500) and the amount of revenue generated may be used from this Account to fund rabies education and prevention programs.
(2) Twenty percent (20%) shall be used to develop and implement the statewide education program component of the Spay/Neuter Program established in G.S. 19A‑61(a).
(2a) The sum of sixty thousand dollars ($60,000) shall be distributed annually to the Department of Health and Human Services to fund rabies education and prevention programs.
(3) Up to twenty percent (20%) of the money in the Account may be used to develop and implement the statewide education program component of the Spay/Neuter Program established in G.S. 19A‑61 and to defray the costs of administering the Spay/Neuter Program established in this Article.
(4) Funds remaining after deductions for the education program and administrative expenses shall be distributed quarterly to eligible counties and cities seeking reimbursement for reduced‑cost spay/neuter surgeries performed during the previous year. previously performed. A county or city is ineligible to receive funds under this subdivision unless it requires the owner to show proof of rabies vaccination at the time of the procedure or, if none, require vaccination at the time of the procedure.
(c) Report. – In February of each year, the Department must report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division. The report must contain information regarding all revenues and expenditures of the Spay/Neuter Account."
SECTION 1.(d) G.S. 19A‑63 reads as rewritten:
"§ 19A‑63. Eligibility for distributions from Spay/Neuter Account.
(a) A county or city is eligible for reimbursement from the Spay/Neuter Account if it meets the following condition:
(1) The county or city offers one or more of the following programs to low‑income persons on a year‑round basis for the purpose of reducing the cost of spaying and neutering procedures for dogs and cats:
a. A spay/neuter clinic operated by the county or city.
b. A spay/neuter clinic operated by a private organization under contract or other arrangement with the county or city.
c. A contract or contracts with one or more veterinarians, whether or not located within the county, to provide reduced‑cost spaying and neutering procedures.
d. Subvention of the spaying and neutering costs incurred by low‑income pet owners through the use of vouchers or other procedure that provides a discount of the cost of the spaying or neutering procedure fixed by a participating veterinarian or other provider.
e. Subvention of the spaying and neutering costs incurred by persons who adopt a pet from an animal shelter operated by or under contract with the county or city.
(2) Reserved for future codification purposes.
(b) For purposes of this Article, the term "low‑income person" shall mean an individual who qualifies for one or more of the programs of public assistance administered by the Department of Health and Human Services pursuant to Chapter 108A of the General Statutes. Statutes or whose annual household income is under two hundred percent (200%) of the federal poverty level guidelines published by the United States Department of Labor.
(c) Each county shall make rules or publish guidelines that designate what proof a low‑income person must submit to establish that the person qualifies for public assistance under subsection (b) of this section or has an annual household income lower than two hundred percent (200%) of the federal poverty level guidelines published by the United States Department of Labor."
SECTION 1.(e) Section 19A‑64 reads as rewritten:
"§ 19A‑64. Distributions to counties and cities from Spay/Neuter Account.
(a) Reimbursable Costs. – Counties and cities eligible for distributions from the Spay/Neuter Account may receive reimbursement for the direct costs of a spay/neuter surgical procedure for a dog or cat owned by a low‑income person meeting the Department's eligibility requirements for spay/neuter services. as defined in G.S. 19A‑63(b). Reimbursable costs shall include anesthesia, medication, and veterinary services. Counties and cities shall not be reimbursed for the administrative costs of providing reduced‑cost spay/neuter services or capital expenditures for facilities and equipment associated with the provision of such services.
(b) Application. – A county or city eligible for reimbursement of spaying and neutering costs from the Spay/Neuter Account shall apply to the Department of Health and Human Services Agriculture and Consumer Services by the last day of January, April, July, and October of each year to receive a distribution from the Account for that quarter. The application shall be submitted in the form required by the Department and shall include an itemized listing of the costs for which reimbursement is sought.
(c) Distribution. – The Department shall make payments from the Spay/Neuter Account to eligible counties and cities who have made timely application for reimbursement within 30 days of the closing date for receipt of applications for that quarter. In the event that total requests for reimbursement exceed the amounts available in the Spay/Neuter Account for distribution, the monies available will be distributed as follows:
(1) Fifty percent (50%) of the monies available in the Spay/Neuter Account shall be reserved for reimbursement for eligible applicants within development tier one areas as defined in G.S. 143B‑437.08. The remaining fifty percent (50%) of the funds shall be used to fund reimbursement requests from eligible applicants in development tier two and three areas as defined in G.S. 143B‑437.08.
(2) Among the eligible counties and cities in development tier one areas, reimbursement shall be made to each eligible county or city in proportion to the number of dogs and cats that have received rabies vaccinations during the preceding fiscal year in that county or city as compared to the number of dogs and cats that have received rabies vaccinations during the preceding fiscal year by all of the eligible applicants in development tier one areas. pursuant to rules adopted by the Department.
(3) Among the eligible counties and cities in development tier two and three areas, reimbursement shall be made to each eligible county or city in proportion to the number of dogs and cats that have received rabies vaccinations during the preceding fiscal year in that county or city as compared to the number of dogs and cats that have received rabies vaccinations during the preceding fiscal year by all of the eligible applicants in development tier two and three areas. pursuant to rules adopted by the Department.
(4) Should funds remain available from the fifty percent (50%) of the Spay/Neuter Account designated for development tier one areas after reimbursement of all claims by eligible applicants in those areas, the remaining funds shall be made available to reimburse eligible applicants in development tier two and three areas."
SECTION 1.(f) Section 19A‑65 reads as rewritten:
"§ 19A‑65. Annual Report Required From Every Animal Shelter in Receipt of State or Local Funding.
Every county or city animal shelter, or animal shelter operated under contract with a county or city or otherwise in receipt of State or local funding shall prepare an annual report setting forth the numbers, by species, of animals received into the shelter, the number adopted out, the number returned to owner, and the number destroyed. The report shall also contain the total operating expenses of the shelter and the cost per animal handled. The report shall be filed with the Department of Health and Human Services Agriculture and Consumer Services by August 1 March 1 of each year. A city or county that does not timely file the report required by this section is not eligible to receive reimbursement payments under G.S. 19A‑64 during the calendar year in which the report was to be filed.
SECTION 2.(a) There is appropriated from the General Fund to the Department of Agriculture and Consumer Services the sum of two million dollars ($2,000,000) for the 2008‑2009 fiscal year for the purpose of funding the Spay/Neuter fund established under G.S. 19A‑62(a). These funds are in addition to the funds available from the Spay/Neuter Account under G.S. 19A‑62(b) and any funds transferred in Section 1 of this act. Funds appropriated in this section shall not revert but may be used by the Department during the 2009‑2011 biennium. It is the intention of the General Assembly to appropriate for the 2009‑2011 biennium for the purpose of funding the Spay/Neuter Account the sum of two million dollars ($2,000,000) for the 2009‑2010 fiscal year and the sum of two million dollars ($2,000,000) for the 2010‑2011 fiscal year.
SECTION 2.(b) Prior to January 1, 2009, the Department shall notify counties and cities that have, prior to that notification deadline, established eligibility for distribution of funds from the Spay/Neuter Account pursuant to G.S. 19A‑63, of the following:
(1) The amount of funding in the Spay and Neuter Account the Department that will have available for distribution to each county or city receiving notification to pay reimbursement requests submitted by the county or city during the calendar year following the notification deadline; and
(2) The amount of additional funding, if any, the Department estimates, but does not guarantee, may be available to pay reimbursement requests submitted by the notified county or city to the Department during the calendar year following the notification deadline.
SECTION 3. G.S. 106‑284.40 is amended by adding a new subsection to read:
"(d) To the extent not applied to cover the costs of inspection of canned pet food and commercial feeds, fees and other receipts collected under this section shall be applied to implement the Local Spay/Neuter Assistance Program created by G.S. 19A‑61(2)."
SECTION 4. G.S. 130A‑190(b) reads as rewritten:
"(b) Fee. – Rabies vaccination tags, links, and rivets may be obtained from the Department. Department of Health and Human Services. The Secretary is authorized to establish by rule a fee for the rabies tags, links, and rivets in accordance with this subsection. The fee for each tag is the sum of the following:
(1) The actual cost of the rabies tag, links, and rivets.
(2) Transportation costs.
(3) Five cents (5¢). This portion of the fee shall be used to fund rabies education and prevention programs.
(4) Twenty cents (20¢). This portion of the fee shall be credited to the Spay/Neuter Account established in G.S. 19A‑62 and used to fund statewide spay/neuter programs. This portion of the fee shall not be imposed for tags provided to persons who operate establishments primarily for the purpose of boarding or training hunting dogs or who own and vaccinate 10 or more dogs per year."
SECTION 5. This act becomes effective July 1, 2008.
FOR IMMEDIATE RELEASE The Humane Society of the United States Partners with Christie's Fund to Expand Low-Cost Spay and Neuter Resources in North Carolina (Jan. 2, 2008) - The Humane Society of the United States and Chrissie's Fund are proud to announce donations totaling $200,000 to the Spay Neuter Assistance Program of North Carolina (SNAP-NC). Each group is donating $100,000 to SNAP-NC to increase the availability of low-cost spay and neuter services to the residents of the Triangle region and statewide. The donations will allow SNAP-NC to purchase a new mobile surgical hospital. Formed seven years ago by licensed veterinarians and led by Dr. Laureen Bartfield, SNAP-NC was the first mobile low-cost spay-neuter service in the state of North Carolina. Since its inception, SNAP-NC has safely performed over 37,000 successful spay and neuter surgeries. "SNAP-NC has done a fantastic job of reducing the number of unwanted litters of puppies and kittens born in its operating region of North Carolina," said HSUS President and CEO Wayne Pacelle. "Providing low-cost spaying and neutering services is a critical component of the larger strategy of ending the tragedy of euthanizing homeless pets." Reducing the number of unwanted dogs and cats born every year was one of The HSUS' earliest priorities, dating back to the organization's founding in 1954. "Dr. Bartfield's passion, energy and expertise make her and her organization a perfect partner for our inaugural grant,' said Dwight Lowell, founder of Chrissie's Fund and a member of The HSUS' board of directors. "We are honored to be working with The HSUS. To be able to collaborate on this with the premier animal protection organization in the country is truly a dream come true." Chrissie's Fund is a California-based foundation established in 2007 to honor the memory of a shelter dog named Chrissie. The foundation provides funding to help reduce dog overpopulation, promote suitable adoptions and support programs targeted to eliminate the suffering of dogs. The donation is the organization's first major project. "Overpopulation is the leading killer of companion animals in the United States. By attacking the problem at its source with our newly expanded fleet of mobile clinics, we will be saving the lives of countless animals," said Bartfield. In addition to running SNAP-NC, Dr. Bartfield is the contract veterinarian for Wake County Animal Shelter and Control in Raleigh. She is also the veterinarian for Chatham County, N.C., and a certified animal cruelty investigator. Dr. Bartfield and her crew have specially designed the new unit to allow for additional large kennels. The new hospital's target population will be large mixed breed dogs as they tend to be the most difficult to adopt out from the shelters. The unit is due to be delivered next month. For more information about SNAP-NC, please visit snap-nc.org . To find out more about Chrissie's Fund, go to chrissiesfund.org. Media Contact: Martin Montorfano, 301-258-3152, mmontorfano@humanesociety.org -30- The Humane Society of the United States is the nation's largest animal protection organization backed by 10 million Americans, or one of every 30. For more than a half-century, The HSUS has been fighting for the protection of all animals through advocacy, education, and hands-on programs. Celebrating animals and confronting cruelty -- On the web at humanesociety.org. The Humane Society of the United States 2100 L Street, N.W. Washington, D.C. 20037 humanesociety.org Celebrating Animals, Confronting Cruelty 12/27/07 Due to public pressure, the N.C. Department of Agriculture has re-written new proposed rules for animal shelters, much of which deals with the tax-funded killing of unwanted pets. Your help is desperately needed. The Board of Agriculture is accepting written comments and objections to the new version of proposed rules through December 31. More than 250,000 animals are killed in North Carolina shelters annually. Hopefully some day people will be responsible enough to spay and neuter, to keep their pets contained, and to adopt homeless animals rather than buy from pet shops and breeders. Even then, unfortunately, there will always be lost and unwanted pets which end up in our shelters and are not reclaimed or adopted in time. The very least we can do is end the lives of these animals peacefully and humanely, while we search for solutions to the problem. The new proposed rules for North Carolina animal shelters have been revised to include a sunsetting of the gas chamber, complete with loopholes, effective Jan. 1, 2012. We can do better. Why wait four years to only partially end this cruelty? Write to David S. McLeod, 1001 Mail Service Center, Raleigh, N.C. 27699-1001, fax 919-716-0090, or e-mail david.mcleod@ ncmail.net. SAMPLE LETTER: Email to: david.McLeod@ncmail.net or Mail to:
To the North Carolina Board of Agriculture: Rule .0601—Object. All gas chambers, using any poisonous inhalant gas to kill animals, should be put out of use now, not in the year 2012. Many animal control employees using these machines are at risk of carbon monoxide poisoning, and thousands of animals are suffering an inhumane death. The second part of the rule allowing for the continued use of carbon monoxide should be removed. Inhumane killing is not acceptable in any circumstances. The entire section on carbon monoxide should be removed. I do not wish to fund animal cruelty with my taxes. Rule .0701 Extraordinary circumstances should not be unlimited. The words “not limited to” should be removed. This loophole allowing extreme kill methods in practically any circumstance is not acceptable. Rule .0702 allows for gunshot and "other extreme methods of euthanasia" to be used in extraordinary circumstances. There is no explanation of what these other extreme methods are. It is not acceptable for taxpayers to fund unknown extreme methods of killing at their local animal shelters. Rule .0704 Object—Any person euthanizing animals should be trained and certified to ensure the process is done safely and humanely. Rule .0418 "Duties of a Certified Euthanasia Technician" does not require verification of death before disposing of animals. This is a major problem, given reports of animals waking up in landfills, freezers, and dumpsters after being assumed dead. Rule .0407 B-6 requires training to include "Proper euthanasia techniques not utilizing injected chemical agents." Since more than half of animal shelters in North Carolina now euthanize by injection only, they should not be required to learn another less humane method. This rule should be removed.
Signature __________________________________________
The North Carolina Dept. of Agriculture is amending its regulations particularly concerning euthanasia. The Dept. will still allow gas chambers to be used in public shelters. It’s time to end this cruel practice. Click here for a look at the proposed regulations and a letter you can send to the Dept. to let them know gas chambers should be banned. Don’t wait. The deadline for submitting comments is Dec. 31. www.animallawcoalition.com/gas-chambers/article State Threatens To Shut Down Lincoln County Animal ShelterChanges Must Be Made Within 60 DaysLINCOLNTON, N.C. -- So many animals are crowding the Lincoln County pound that the state has told the sheriff's department things have to change or the shelter will be shut down. Animal Control workers recently had to put down 43 dogs in one day a day that wasn't their assigned euthanization day because the shelter was too full. Edward Hayes, a resident who adopted his dog days before she was to be put to sleep, said he was shocked to hear about the problem. "It's terrible. I'm an animal lover, he said. The county has got enough money where they can build a bigger place." County Commissioner Alex Patton said it's a problem that shouldn't be happening. He said Animal Control was told to make more room months ago. He said the county allocated a few dollars to expand outdoor space because the county has experienced a population boom in the east, adding thousands more people and their pets. "I felt like all along their patchwork wouldn't work," he said. Patton said a Department of Agriculture inspection earlier this year revealed small problems, but after last week's re-inspection the shelter was given 60 days to improve or be shut down. "I knew that we need to do something, and it's just time to do it,"he said. "It has been put on the back burner long enough." The sheriff's office and county manager are working on plans to add on the shelter. They will need to have plans in place to report to the state by January 1. Find out more about the Lincoln County Animal Control shelter online.
Dog Fighting: "Some call it a sport; N. C. calls it a felony" North Carolina Voters for Animal Welfare:
Coalition for Humane Euthanasia ARGNC.com prefers injection as the most humane way to euthanize animals. If your local shelter uses gas chambers, please take the time as a local concerned citizen to contact them about changing to the more humane injection method. Additionally, we'd like to suggest, that if your city's shelter uses a gas chamber, please consider taking the animal to a vet to be euthanized humanely. It can be as much as $50.00 to do so, perhaps even more, but some vets may even do it at no charge so they, too, can do their share to ensure animals for whom homes cannot be found or who are diseased or injured beyond saving are euthanize humanely. ARGNC.com also works legislatively to help N. C. animals. North Carolina Coalition for Humane Euthanasia The following numbers are totaled from the state 2006 Spay/Neuter Report Information is provided by each county to the NC Department of Health and Human Services for number of animals impounded, adopted, euthanised, returned to owner, and total cost of shelter operations.
This year, TEN counties using gas chambers are absent from the report (listed below).
N. C. Municipal Animal Shelters Using Gas Chambers
2006 Kill Numbers
1. Gaston County Animal Control 7272 cats and dogs Killed in 2006
2. Davidson 6686 Killed
3. Rowan 6151 Killed
4. Cleveland 6109 Killed
5. Alamance 5649 Killed
6. Iredell 5628 Killed
7. Caldwell 5619 Killed
8. Randolph 5388 Killed
9. Union 5160 (Dogs only reported) Killed
10. Craven/Pamlico 5234 Killed
11. Brunswick 4953 Killed
12. Wilkes 4835 Killed
13. Cabarrus 3759 Killed
14. Stokes 3067 Killed
15. Granville 2765 Killed
16. Lincoln 2772 Killed
17. Nash 2709 Killed
18. Columbus 2583 Killed
19. Johnston 2574 Killed
20. Yadkin 2085 Killed
21. Chowan/Gates/Perquimans (combined) 1696 Killed
22. City of Rocky Mount 1286 Killed
23. Anson 1201 Killed
24. Person 700 Killed
25. Hertford 620 Killed
26. Watauga 458 Killed
NO REPORT FROM THE FOLLOWING COUNTY ANIMAL CONTROL DEPARTMENTS:
27. Wilson County
28. Stanly County
29. Catawba County
30. Beaufort County
31. Vance County
32. Montgomery County
33. Davie County
34. Lee County
35. Bladen County
36. Washington County
37. Wayne County
Resource: North Carolina Coalition for Humane Euthanasia
CONTRIBUTIONS Our work is dependent on contributions. ARGNC needs your help and support to continue to make our rescue efforts a sucess.
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