SB 277 will make ALL animals not native to WV or domesticated into an "exotic", and would require you to register and get a annual permit from a board, post a sign on your residence or business stating that you have an "exotic" animal on the property, implant or place an "identification number" on the animal, and get liability insurance for your "killer three-toed box turtle". It will also require pet stores and breeders to submit the names and addresses of anyone purchasing an "exotic" pet.



This bill is similar to SB 137, in that it gives the new board very broad, sweeping powers to confiscate animals that are suspected to be a threat to native wildlife, to agriculture, or to human health, but you will be required to post a bond to provide care for the animal while it is in the state's care, or you will loose the right to keep the animal. If your case goes to court and you and your animal are found not at fault, you will only get the "fair market value" for your animal in return, not the full bond amount!



The bill passed unanimously in the Senate after some discussion and questions about why the bill was needed from other members, and will likely go onto the House Agriculture and Natural Resources Committee next. We need to swamp the House Agriculture and Natural Resources committee members to get them to take our concerns seriously TODAY. That's means ALL of us, not just WV residents. I spoke to Senator Facemyer's aide today, and the woman seemed genuinly surprised that anyone from out-of-state would be interested in this bill. You can find thier names and contacts here

http://www.legis.state.wv.us/committees/house/agriculture/hcomAN.cfm



Click on thier names to get their numbers and e-mail. The area code is 304. When sending an e-mail to a member of the House, the salutation is Dear Delegate So-and-so.



It seems that the senators thought this bill would be necessary to protect native wildlife, agriculture, and human health from terrorism and disease. They apparently don't realize that breeding reptiles is ALSO a form of agriculture, and that thier state could loose money in the form of sales tax on reptile-related pet supplies, income tax for breeders and vendors and pet stores, and the massive dump of animals at shelters when people realize that they have to get a permit and liability insurance and pay for a pit tag for their turtle or iguana.



Katrina





COMMITTEE SUBSTITUTE FOR



Senate Bill No. 277



(By Senators Edgell, Bailey, Dempsey, Love, Facemyer and Guills)



____________



[Originating in the Committee on Finance;

reported March 28, 2005.]



A BILL to amend the Code of West Virginia, 1931, as

amended, by adding thereto a new article, designated

§19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6,

§19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11,

§19-9B-12, §19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16,

§19-9B-17, §19-9B-18, §19-9B-19, §19-9B-20, §19-9B-21,

§19-9B-22 and §19-9B-23, all relating to regulating the

sale, possession and breeding of exotic animals; stating

legislative purpose; defining certain terms; creating Exotic

Animal Regulation Board and Technical Advisory Committee;

establishing duties; establishing a special revenue account

and authorizing expenditures; providing rule-making

authority; delineating the jurisdiction of member agencies;

providing owner liable for the cost of care of a seized

exotic animal and bonding requirements; requiring pet shop

registration, renewal and fee; requiring pet shop to keep

records and provide certain notification; requiring permit

to possess or breed exotic animal and providing permit

application process and permit requirements; providing for

exemptions; requiring identification number on an exotic

animal; establishing caging, care and treatment

requirements; requiring liability insurance; authorizing

certain inspections; providing for denial of a permit;

specifying conditions under which an exotic animal may be

seized; and establishing civil and criminal penalties.





Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended

by adding thereto a new article, designated §19-9B-1,

§19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7,

§19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12,

§19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17,

§19-9B-18, §19-9B-19, §19-9B-20, §19-9B-21, §19-9B-22 and

§19-9B-23, all to read as follows:

ARTICLE 9B. ANIMAL REGULATION ACT.

§19-9B-1. Purpose; short title.

(a) It is the intent of the Legislature to regulate the

sale, possession, use, release, movement and breeding of

exotic animals in order to prevent the introduction or

spread of disease or parasites harmful to humans, wildlife,

livestock, poultry and other animals; to prevent the release

or escape of an exotic animal injurious to or competitive

with the state's agricultural and forestry industries,

wildlife and other natural resource interests; to ensure the

physical safety of humans; and to prevent the mistreatment

of exotic animals.

(b) This article may be cited as the West Virginia Animal

Regulation Act.

§19-9B-2. Definitions.

As used in this article:

(1) "Board" means the Exotic Animal Regulation Board.

(2) "Circus" means an entertainment consisting of trained

animal acts and exhibitions of human skill and daring

combined with clowns to thrill and amuse an audience. The

term excludes carnivals, animal acts and state and county

fairs and any other fairs or exhibitions intended to advance

agricultural arts and sciences and all other activities

determined by the Board not to be a circus.

(3) "Committee" means the Technical Advisory Committee.

(4) "Domestic animal" means an animal which, through

extremely long association with humans, has been bred to a

degree that resulted in genetic changes affecting the

temperament, color, conformation or other attributes of the

species to an extent that makes the animal unique and

distinguishable from wild members of the species and the

animal has federally approved biologics for the treatment

and prevention of disease.

(5) "Exotic animal" means an animal, other than a domestic

animal or wildlife, and includes crossbreeds of animals that

do not occur naturally either presently or historically

within the boundaries of this state, as well as, all species

listed as threatened or endangered in accordance with 16 U.

S. C. §1533 not presently or historically native to this state.

(6) "Person" means, but is not limited to, an individual,

partnership, limited partnership, corporation, organization,

firm, limited liability company, joint venture, association,

trust, estate, and any officer, member, shareholder,

director, employee, agent or representative who is under a

duty to perform or is responsible for the performance of an

act prescribed by the provisions of this article.

(7) "Pet" means an animal kept by a person for companionship

or pleasure rather than for utility.

(8) "Pet shop" means a facility where an animal is kept for

the purpose of sale. The term excludes a facility subject to

the provisions of article twenty or twenty-three of this

chapter;

(9) "Possess" means to own, harbor, keep, release, exhibit,

bring into the state, offer for sale, offer for trade or

have custody or control of an animal.

(10) "Possessor" means the person who owns, harbors, keeps,

releases, exhibits, brings into the state, offers for sale,

offers for trade or has custody or control of an animal.

(11) "Sale" means and includes, but is not limited to, any

transfer of ownership or title, whether for money, exchange

for other property or services or without any remuneration.

(12) "Wildlife" means wildlife and game fish as those terms

are defined in section two, article one, chapter twenty of

this code, fish and all animals commonly accepted and

documented to live in the wild as part of the present or

historic natural fauna of West Virginia.

§19-9B-3. Board created; composition; chair; meetings; duties.

(a) The Exotic Animal Regulation board is created.

(b) The Board shall consist of three members: the

Commissioner of the Department of Agriculture, or his or her

designee; the Director of the Division of Natural Resources,

or his or her designee; and the Commissioner of the Bureau

for Public Health, or his or her designee.

(c) The Board shall designate one of its members in rotation

to be chair for a term of two years. In the absence of the

chair, any member designated by the members present shall

act as chair.

(d) The Board shall meet as often as necessary at the time

and place designated by the chair. Two members shall be

present in order to conduct business. All decisions of the

Board shall be determined by a majority of the members of

the Board.

(e) The Board may:

(1) Establish requirements for the operation of pet shops

selling or breeding exotic animals, including standards of

care for those animals;

(2) Establish permit requirements for the possession and

breeding of exotic animals and grant, deny, suspend, revoke

and reinstate possession or breeding permits;

(3) Establish standards for the care and treatment of exotic

animals;

(4) Prohibit the importation of any exotic animal that

threatens the public health and safety, endangers wildlife

or livestock or may be injurious to the agricultural and

forestry industries or other natural resource interests;

(5) Investigate alleged violations of the provisions of this

article, applicable rules, orders and final decisions of the

board;

(6) Conduct necessary hearings;

(7) Cooperate with appropriate state and federal officials

in the investigation and enforcement of violations of this

article or comparable acts of other states or the federal

government;

(8) Examine, seize, test, quarantine or destroy an exotic

animal which poses a threat to the health and safety of

humans, other animals or plant life;

(9) Grant exemptions from the requirements of this article;

(10) Foster national and international wildlife conservation

efforts by controlling the possession and use of exotic

animals; and

(11) Take all other actions necessary and proper to

effectuate the purposes of this article.

(f) The members of the Board may delegate the duties set

forth in this article to staff members within their agencies.



§19-9B-4. Technical Advisory Committee created;

composition; duties.





(a) The Technical Advisory Committee is created.

(b) The Committee shall consist of nine members: Three

members representing the Department of Agriculture

designated by the Commissioner of Agriculture; three members

representing the Division of Natural Resources designated by

the Director of Natural Resources; and three members

representing the Bureau for Public Health designated by the

Commissioner of the Bureau for Public Health.

(c) The Committee shall designate one of its members in

rotation to be chair for a term of two years. In the absence

of the chair, any member designated by the members present

shall act as chair.

(d) The Committee shall meet as often as necessary at the

time and place designated by the chair. All decisions of the

Committee shall be determined by a majority of the members

of the Committee.

(e) The Committee shall make recommendations to and advise

the Board on matters within the board's jurisdiction.



§19-9B-5. Establishment of Special Revenue Fund;

authorized expenditures.





There is created in the State Treasury a Special Revenue

Fund to be known as the Animal Regulation Fees Fund which

shall consist of all fees, civil penalties, assessed costs,

any appropriations of moneys to the Fund made by the

Legislature, and all interest or other return earned from

investment of the Fund. Expenditures from the Fund shall be

made by the Commissioner of Agriculture for the purposes set

forth in this article. Any balance, including accrued

interest and other returns, in the Fund at the end of each

fiscal year shall not expire to the General Fund but shall

remain in the Fund and be expended as provided by this section.

§19-9B-6. Rule-making authority.

(a) The Board may propose rules for legislative approval in

accordance with the provisions of article three, chapter

twenty-nine-a of this code to implement the provisions of

this article.

(b) The Board may promulgate emergency rules pursuant to the

provisions of section fifteen, article three, chapter

twenty-nine-a of this code to implement the provisions of

this article.



§19-9B-7. Administration of article; jurisdiction of

member agencies.





(a) The Department of Agriculture is responsible for the

administration and enforcement of the provisions of this

article. (b) Each member agency may examine, test, seize,

quarantine or destroy an exotic animal which poses a threat

to humans, livestock, poultry, other animals, wildlife or

the state's agricultural or forestry industries or other

natural resource interests. In all cases in which an exotic

animal is destroyed, the member agency shall safely dispose

of the remains in accordance with all applicable laws and

rules. The agency shall advise the Board of action taken

pursuant to this subsection no later than forty-eight hours

after the incident.

(c) Nothing in this article shall affect or abrogate the

authority of the Department of Agriculture, the Bureau for

Public Health or the Division of Natural Resources to carry

out the duties set forth in chapters sixteen, nineteen and

twenty of this code, respectively.

§19-9B-8. Costs of care for seized animal; bond; placement.

(a) The owner of an exotic animal seized by the Board is

liable for all costs of treatment and care while the exotic

animal is under the control of the Board.

(b) The Board shall determine the appropriate placement of

the seized exotic animal based upon the threat posed by the

exotic animal.

(c) The Board may require an owner to post a bond in an

amount and form to be determined by the Board which is

sufficient to provide for the reasonable costs of treatment

and care of the exotic animal during the period of

confinement. If an owner fails to post the required bond,

the Board may, after notice and an opportunity for the owner

to be heard, declare the exotic animal forfeited to the state.

(d) An exotic animal seized by the Board in accordance with

the provisions of this article may be returned to the owner

only if the Board determines that the exotic animal poses no

threat to humans, other animals or plant life.

§19-9B-9. Pet shop registration required.

Effective the first day of January, two thousand six, a

person shall not operate a pet shop in this state unless he

or she has registered with the Board.

§19-9B-10. Registration; renewal; fee.

(a) Each pet shop owner or operator shall register on forms

supplied by the Board and provide all information required

by the Board.

(b) Registrations expire on the thirty-first day of December

of each year and shall be renewed annually. The Board shall

mail renewal forms to current registrants. The failure to

receive the renewal form does not relieve a registrant of

the obligation to renew. The Board may assess a late fee

when a renewal is received more than sixty days after the

expiration of the current registration.

(c) A pet shop owner or operator shall pay the applicable

registration or renewal fee.

§19-9B-11. Record keeping; notifications required.

(a) A pet shop owner or operator shall keep a copy of each

possession permit provided by a buyer and all other records

required to be kept by the Board for the time specified by

the Board.

(b) A pet shop owner or operator shall notify the Board of

the sale of an exotic animal as required by the Board.

(c) A pet shop owner or operator shall notify all customers

purchasing an exotic animal of the permitting requirements

of this article.

§19-9B-12. Possession and breeding of exotic animal.

It is unlawful for any person to possess or breed an exotic

animal except in compliance with this article.

§19-9B-13. Permits.

(a) No person may own, possess or breed an exotic animal

unless the person applies for and is granted a permit.

(b) A person who possesses an exotic animal on the effective

date of this article shall apply for a possession permit

within ninety days of the effective date of this article.

(c) A person buying an exotic animal shall apply for and be

granted a possession permit prior to taking possession of

the exotic animal from the seller and shall provide the

seller a copy of the possession permit.

(d) A new state resident owning an exotic animal shall apply

for a possession permit within sixty days of taking up

residence in this state.

(e) A person intending to breed an exotic animal shall apply

for and must be granted a breeder permit prior to breeding

an exotic animal.

(f) An applicant shall file an application for a permit on

forms supplied by the Board. The application shall include,

but is not limited to:

(1) The name, address, telephone number and date of birth of

the applicant;

(2) A description of each exotic animal to be owned or bred,

including the scientific name, name, sex, age, color, weight

and any distinguishing marks or coloration that would aid in

the identification of the animal;

(3) A photograph of each exotic animal;

(4) The exact location and a detailed description of the

holding facility where the exotic animal is to be kept;

(5) The name, address and telephone number of the person

from whom the applicant bought the exotic animal or the

possessor of the exotic animal to be used for breeding purposes;

(6) The identification number of the exotic animal required

in accordance with the provisions of section fifteen of this

article or a verified statement from a veterinarian that

placement of an identification number would endanger the

exotic animal or an exemption from this requirement granted

by the Board;

(7) The name, address and phone number of the veterinarian

who is to provide veterinary care to the exotic animal; and

(8) Additional information required by the Board.

(g) The application for a possession or breeder's permit

shall be accompanied by the applicable permit fee.

(h) The Board shall not grant a permit unless it finds the

following:

(1) The applicant is eighteen years of age or older;

(2) The applicant has not been convicted of or found

responsible for violating a state or federal law prohibiting

cruelty, neglect or mistreatment of an exotic or domestic

animal or any state or federal law relating to the

possession of wildlife or endangered species;

(3) The facility in which and the conditions under which the

exotic animal will be kept are in compliance with this

article; and

(4) The applicant has obtained liability insurance for the

possession of an exotic animal as required by section

eighteen of this article.

(h) A permit holder shall notify the Board of any changes in

the information on the permit, including the death of the

exotic animal. A possessor shall also notify the Board of

any births by the exotic animal.

(i) Possession permits expire on the thirtieth day of June

of each year and shall be renewed annually. The Board shall

mail renewal forms to current permit holders. The failure to

receive the renewal form does not relieve the permit holder

of the obligation to renew. The Board may assess a late fee

when a renewal is received more than sixty days after the

expiration of the current permit.

(j) The Board shall keep records of the permits issued.

§19-9B-14. Exemptions from permit requirements.

(a) The permit provisions of this article do not apply to:

(1) Institutions accredited by the American Zoo and Aquarium

Association;

(2) A licensed or accredited research or medical institution;

(3) A veterinary hospital or clinic; or

(4) A circus operated under a valid license or registration

issued by the U. S. Department of Agriculture pursuant to

the federal Animal Welfare Act of 1970.

(b) These facilities are subject to all other provisions of

this article unless determined exempt by the Board.

§19-9B-15. Identification number.

The possessor of an exotic animal shall have an

identification number placed on the exotic animal, at his or

her expense, by or under the supervision of a veterinarian.

The Board shall prescribe the methods of identification for

use by veterinarians: Provided, That this provision does not

apply to an exotic animal if a veterinarian determines that

the methods of identification will endanger the well-being

of the exotic animal.

§19-9B-16. Caging requirements.

(a) The Board shall establish specific caging requirements

for the keeping and confinement of exotic animals. A person

possessing exotic animals shall keep and confine the exotic

animal in strict compliance with the caging requirements

established by the Board.

(b) All caging requirements shall ensure that the exotic

animal is confined in a primary enclosure that protects the

public's safety and health and ensures the safety and

well-being of the exotic animal.

§19-9B-17. Care and treatment of exotic animals.

(a) An exotic animal shall not be tethered, leashed or

chained outdoors, or allowed to run at-large.

(b) An exotic animal shall not be released.

(c) An exotic animal shall not be mistreated, neglected,

abandoned or deprived of necessary food, water and sustenance.

(d) A person transporting an exotic animal in a vehicle

shall keep the animal securely caged in the vehicle at all

times.

(e) Each possessor of an exotic animal shall have a plan for

the quick and safe recapture of the exotic animal if it

escapes and a plan for the destruction of the exotic animal

if recapture becomes impossible. This plan is not a

substitute for the notification of law-enforcement and

Department of Agriculture officials required by section

eighteen of this article and the plan is not binding on

law-enforcement officials who may be required to destroy the

exotic animal, if determined necessary to protect the public

health and safety.

(f) If a possessor of an exotic animal realizes that he or

she can no longer care for the exotic animal, the possessor

shall contact an approved animal rescue facility or an

American Zoo and Aquarium Association accredited facility

for possible placement of the animal. The possessor shall

obtain the proper permits to transfer any animal. If the

possessor is unable to care for the exotic animal and cannot

find a permitted facility to accept the exotic animal, the

animal shall be humanely euthanized at the possessor's expense.

§19-9B-18. Insurance; signs; and notification.

(a) A possessor of an exotic animal shall maintain liability

insurance in an amount to be determined by the Board and

shall provide a copy of the policy annually to the Board,

unless exempted by the Board.

(b) The possessor of an exotic animal shall post and

display, at each possible entrance to the premises, a

conspicuous sign, clearly legible and easily readable by the

public, warning that there is an exotic animal on the

premises. In addition, the possessor shall conspicuously

display a sign with a warning symbol that informs children

of the presence of an exotic animal. The Board shall

prescribe the content and size of the sign.

(c) If any exotic animal escapes or is released, either

intentionally or unintentionally, the possessor of the

exotic animal shall immediately contact a law-enforcement

officer and the Department of Agriculture to report the

escape or release. The possessor is liable for all expenses

associated with efforts to recapture the animal. The animal

may be destroyed if necessary to protect the public health

or safety.

§19-9B-19. Public contact.

Unless specifically authorized by the Board, a possessor may

not take an exotic animal to a public place, except to a

veterinarian or a veterinarian clinic.

§19-9B-20. Inspection.

For the purpose of carrying out the provisions of this

article, an employee of the Department of Agriculture, the

Division of Natural Resources or the Bureau for Public

Health may enter upon any public or private premises, other

than a dwelling house, at reasonable times, after reasonable

notification to the owner or possessor in order to access an

exotic animal for the purpose of inspection. No person shall

obstruct or hinder the employee in the discharge of his or

her duties to enforce this article.

§19-9B-21. Denial of possession permit; appeal.

(a) If the Board finds that an applicant for an original or

renewal possession permit does not meet the requirements set

forth in this article, it may deny the applicant a

possession permit. The Board shall give the applicant

written notice of the denial and the reasons for the denial.

(b) If the Board finds that a person has not complied with

this article the Board may suspend or revoke the possession

permit. The Board shall give the possessor written notice of

the suspension or revocation and the reasons for the

suspension or revocation.

(c) A person who is denied a possession permit, denied a

renewal of a possession permit or who has had a permit

suspended or revoked shall be afforded a hearing before the

Board to be held in accordance with the contested case

provisions of article five, chapter twenty-nine-a of this code.

§19-9B-22. Seizure; return; bond.

(a) An exotic animal may be seized immediately by the Board if:

(1) The possessor does not have a possession permit as

required by section twelve of this article;

(2) The possessor does not secure and maintain liability

insurance as required by section eighteen of this article;

(3) The possessor is not in compliance with the provisions

of this article; or

(4) The exotic animal poses a threat to humans, other

animals, wildlife or the state's agricultural or forestry

industries or other natural resource interests.

(b) An exotic animal which was seized by the Board may be

returned to the possessor only if the possessor has a

possession permit, is in compliance with this article and

the exotic animal poses no threat to humans, other animals

or plant life.

(c) If an exotic animal is seized under this section, the

possessor shall post bond in accordance with the

requirements of section eight of this article.

§19-9B-23. Penalties for violation of article.

(a) Any person violating a provision of this article is

guilty of a misdemeanor and, upon conviction thereof, shall

be fined not less than one hundred dollars nor more than

five hundred dollars for the first offense and for each

subsequent offense, shall be fined not less than five

hundred dollars nor more than one thousand dollars or

imprisoned in jail not more than six months, or both.

Magistrates have concurrent jurisdiction with circuit courts

to enforce the provisions of this article.

(b) Any person violating the provisions of this article or

rule promulgated pursuant to this article may be assessed a

civil penalty by the Board. In determining the amount of the

civil penalty, the Board shall give due consideration to the

history of previous violations by the person, the

seriousness of the violation, including any hazards to

agriculture, natural resources, or public health in West

Virginia and the demonstrated good faith of the person

charged in attempting to achieve compliance with this

article after written notification of the violation.

(1) The Board may assess a penalty of not more than one

hundred dollars for the first offense or less serious

violation as determined by the Board, and not more than one

thousand dollars for a serious, repeat or intentional

violation, as determined by the Board.

(2) In addition to the civil penalty, the Board may assess

the costs to the state to recover the animal, house the

animal, dispose of the animal or moneys otherwise expended

by the state to control the spread of or to prevent the

introduction of disease and parasites.

(3) The Board may negotiate and enter into a settlement

agreement for the payment of civil penalties and assessed costs.

(4) The civil penalty and assessed costs are payable to the

State of West Virginia and are collectable in any manner

authorized by law for the collection of debts. Any person

liable to pay a civil penalty or any assessed costs who

neglects or refuses to pay the same within thirty days of

written notice of demand for payment, shall be assessed

interest at the rate of ten percent per year from the date

the penalty and assessed costs were imposed to the date of

payment. The penalty, costs and interest constitute a lien

in favor of the State of West Virginia and shall attach on

the person's property when a lien is properly recorded in

the county wherein the property is situated. There shall be

no cost as a condition precedent to recording.

(5) All civil penalties and assessed costs collected

pursuant to this article shall be deposited in the Animal

Regulation Fees Fund.

(6) No state court may allow the recovery of damages for

administrative action taken if the court finds that there

was probable cause for the action. In the event that a court

determines that no probable cause existed for an action and

that compensation is necessary, the compensation shall not

exceed the fair market value of the exotic animal at issue.

The Board shall pay damages as determined by a state court

provided funds are available.

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