http://www.legis.state.wv.us/Bill_Text_HTML/2005_SESSIONS/RS/BILLS/sb137 intr.htm
SB 137 is a very large bill that labels anything not domestic or native to WV as an "exotic". It also gives very broad powers to a committee of three people.
Rescues and breeders of anything will also be considered "pet stores".
If you own an "exotic" (such as a three-toed box turtle, tortoise, pet bird, you get the idea), you will have to:
" (a) A possessor of an exotic animal shall maintain liability insurance in an amount of not less than one hundred thousand dollars for each occurrence and shall provide a copy of the policy annually to 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 content and size of the sign shall be prescribed by the board."
and it will be:
"unlawful for any person to possess or breed an exotic animal, except in compliance with this act.
§19-9B-13. Possession permit.
(a) No person may own or possess an exotic animal unless the person applies for and is granted a possession permit.
(1) A person who possesses an exotic animal on the effective date of this act must apply for a possession permit within ninety days of the effective date of this act.
(2) A person buying an exotic animal must apply for a possession permit within ten days of the date of purchase.
(b) A possession permit must be renewed annually.
(c) An applicant shall file an application to receive a possession permit with the board on forms supplied by the board. The application shall include, but is not limited to:
(1) The name, address and telephone number of the applicant;
(2) A description of each exotic animal, including the scientific name, sex, age, color, weight and any distinguishing marks or coloration that would aid in the identification of the animal;
(3) A photograph of the 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 obtained the exotic animal;
(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 the board may require.
(d) The application for a possession permit shall be accompanied by the applicable permit fee.
(e) A permit may not be granted unless the board finds the following:
(1) The requirements set forth in subsection (a) of this section are met;
(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 animal or any state or federal law relating to the possession of wildlife or endangered species;
(3) The facility and the conditions in which the exotic animal will be kept are in compliance with this act; and
(4) The applicant has obtained liability insurance for the possession of an exotic animal as required by section eighteen of this article."
Rescues and any breeder of anything will be considered "pet shops", as defined below:
"(6) "Pet shop" means a facility where an animal is kept for the purpose of sale or breeding.
(7) "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.
(8) "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.
(9) "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."
There is a Yahoo Group set up to fight this bill, WestVirginiaPetLaw, if anyone would like to join and learn more. You can also go here: http://www.legis.state.wv.us/
to learn how to contact a Senator. Please contact the three sponsors, Senators Edgell, Unger, and Barnes, to let them know how you feel on this bill.
Katrina
