Reptile & Amphibian Forums

Pennsylvania residents, beware. A sleeper bill has been moving through the legislature that is going to outlaw nearly all reptiles.

On April 27, 2011, Representatives Edward G. Staback (D), Thomas R. Caltagirone (R), Mark B. Cohen (D), John R. Evans (R), Patrick J. Harkins (D), John D. Hornaman (D), Babette Josephs (D), Sid Michaels Kavulich (D), William F. Keller (D), Thaddeus Kirkland (D), Thomas P. Murt (R), Bernie O’Neill (R), Ken Smith (D), John Taylor (R), Mike Carroll (D) and Jennifer L. Mann (D) introduced Pennsylvania House Bill 1398.

HB 1398 will operate as a ban on all species of reptiles as well as many other species of animals. It is strongly supported by the Humane Society of the United States.

HB 1398 defines as “Exotic Wildlife” (but is not limited to) all of the following: all bears, coyotes, lions, tigers, leopards (including snow leopards and clouded leopards), jaguars, cheetahs, cougars, wolves, nonhuman primates and any crossbreed of the afore mentioned which have “similar characteristics in appearance or features.”

The definition also includes “all nonindigenous animals.”

Birds, horses, zebras, donkeys, camels, alpacas, llamas, deer, moose, elk, wild cattle, spiral horned antelope, rats, mice, chinchillas, viscachas rabbits, hares, hedgehogs, moonrats, gliders, striped possums, guinea pigs, and domestic animals as defined in the Pennsylvania animal cruelty statute are exempted from the definition.

Any person in possession of “Exotic Wildlife” will be required to have a permit. Any person that imports, possesses, buys, sells, locates or finds for a fee, barters, donates, gives away at least five “Exotic Wildlife” animals shall be considered an “Exotic Wildlife Dealer.”

No new possession permits will be issued after January 1, 2013. Only renewals of possession permits issued before December 31, 2012 will be issued after that date. Propagation permits shall be permissible under the existing Code, 34 Pa.C.S. § 2930. However, since no one in the state will be able to obtain a possession permit after January 1, 2013, having a propagation permit seems rather pointless.

The United States Association of Reptile Keepers (USARK) took early and swift action against HB 1398 in 2011 and had been assured that HB 1398 was tabled. This was not the case. After its April introduction, HB 1398 was amended on May 25, 2011. It passed out of the Pennsylvania House unnoticed on January 24, 2012. It was referred to the Senate Game and Fisheries Committee on February 21, 2012. It passed out of Committee on March 28, 2012 (the day after the Ohio Senate held Committee hearings on SB 310 until after 6:00 p.m.) and was first considered on the Pennsylvania Senate floor on the same day.

HB 1398 needs only two more considerations before the Senate before a vote is taken. The next two considerations must be before the full Senate. (To learn how a bill becomes a law in Pennsylvania, click here.) If it passes in the Senate, it will go before Governor Corbett who can sign HB 1398 into law. The Pennsylvania legislature reconvenes on April 30, 2012.

HB 1398 is vague, over broad, burdensome and will divest Pennsylvania residents of the right to own reptiles and other animals. It is a total ban.

It is imperative that Pennsylvania residents make their opposition to HB 1398 known. To find out who your senator is, please click here. A full list of email addresses for Pennsylvania senators can be found here.

USARK will be in Pennsylvania when the session resumes in April to protect your rights to keep your reptiles. Join us by contacting your legislators and voicing your opposition to HB 1398.

This bill has nothing to do with reptiles...reptiles in PA are controlled by Fish Dept of PA....Game Comm. is writing this bill to tighten regulations already in place for "wild mammals"
Travis
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LAIR OF DRAGONS

please do you home wrok before posting things like this. i work very hard almost everyday here in PA trying to keep people informed about PA legislation. i told people about this bill months ago and i also let people know it dosnt apply to. here is an email i got from steve mcmullen (the guy that wrote the bill). if you would like me me to forward the email to you email me at rodneynboalich@yahoo.com

here is my email to steve mcumullen and his response.

From: Rodney Boalich [mailto:rodneynboalich@yahoo.com]
Sent: Monday, April 30, 2012 10:14 AM
To: McMullen, Steve
Subject: hb1398

Dear Steve Mcmullen.

There has been some confusion here in the state of PA about the bill you helped write and Rep Staback proposed. People within the reptile industry are worried that your bill will ban reptiles and amphibians. I know it does not deal with reptiles and amphibians since its looking to amend title 34 not title 30. With 30 being the title that reptiles and amphibians fall under you bill obviously cant affect them. There is also concern that the bill will prohibit breeding small mammals such as mice and so on. This weekend at a reptile show here in PA there was a petition going around to be sent to senator Alloway to amend your bill to make it clear that reptiles will not be involved in any way. This petition was sent around at the request of the organization UASRK. Could you please address these issues so i may have proof to show they can stop worrying about this bill.

here is my email to steve mcumullen and his response.

From: Rodney Boalich [mailto:rodneynboalich@yahoo.com]
Sent: Monday, April 30, 2012 10:14 AM
To: McMullen, Steve
Subject: hb1398

Dear Steve Mcmullen.

There has been some confusion here in the state of PA about the bill you helped write and Rep Staback proposed. People within the reptile industry are worried that your bill will ban reptiles and amphibians. I know it does not deal with reptiles and amphibians since its looking to amend title 34 not title 30. With 30 being the title that reptiles and amphibians fall under you bill obviously cant affect them. There is also concern that the bill will prohibit breeding small mammals such as mice and so on. This weekend at a reptile show here in PA there was a petition going around to be sent to senator Alloway to amend your bill to make it clear that reptiles will not be involved in any way. This petition was sent around at the request of the organization UASRK. Could you please address these issues so i may have proof to show they can stop worrying about this bill.

thank you

rodney boalich

8147623728

and hear is the email he just sent me

Mr. Boalich,

You are correct in your description of the bill and of Title 30 and Title 34.

It cannot be said any simpler than you describe: Title 30 covers reptiles; Title 34 covers animals and birds. Just as no one would ever think of amending Title 7 Banks and Banking to affect Title 43 Labor, no one in the legislature who writes bills for a living would consider amending Title 34 with language that would affect reptiles.

As for the mice, a simple reading of the bill shows that an exception is made for mice. The bill does not affect mice.

I hope this helps. I would be glad to speak to UASRK.

Steve McMullen