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.
