| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1659, 1967, 2997 | PRINTER'S NO. 3296 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY STABACK, CALTAGIRONE, COHEN, J. EVANS, HARKINS, HORNAMAN, JOSEPHS, KAVULICH, W. KELLER, KIRKLAND, MURT, O'NEILL, K. SMITH, TAYLOR, CARROLL AND MANN, APRIL 27, 2011 |
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| SENATOR ALLOWAY, GAME AND FISHERIES, IN SENATE, AS AMENDED, MARCH 28, 2012 |
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| AN ACT |
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1 | Amending Title 34 (Game) of the Pennsylvania Consolidated |
2 | Statutes, in special licenses and permits, further providing |
3 | for definitions and for exotic wildlife possession permits. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. The definitions of "exotic wildlife" and "exotic |
7 | wildlife dealer" in section 2961 of Title 34 of the Pennsylvania |
8 | Consolidated Statutes are amended to read: |
9 | § 2961. Definitions. |
10 | The following words and phrases when used in this subchapter |
11 | shall have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | * * * |
14 | "Exotic wildlife." The phrase includes[, but is not limited |
15 | to, all bears, coyotes, lions, tigers, leopards, jaguars, |
16 | cheetahs, cougars, wolves and any crossbreed of these animals |
17 | which have similar characteristics in appearance or features. |
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1 | The definition is applicable whether or not the birds or animals |
2 | were bred or reared in captivity or imported from another state |
3 | or nation.] all nonindigenous animals and the following, |
4 | regardless of whether the animals are bred or reared in |
5 | captivity or imported from another state or nation: |
6 | (1) All members of the order Primates (nonhuman |
7 | primates). |
8 | (2) All members of the family Ursidae (bears). |
9 | (3) All members of the species: |
10 | (i) Canis latrans (coyotes). |
11 | (ii) Canis lupus (gray wolves). |
12 | (iii) Canis rufus (red wolves). |
13 | (iv) Felis rufus (bobcat). |
14 | (v) Panthera leo (lions). |
15 | (vi) Panthera tigris (tigers). |
16 | (vii) Panthera pardus (leopards). |
17 | (viii) Panthera unica (snow leopards). |
18 | (ix) Neofelis nebulosa (clouded leopard). |
19 | (x) Panthera onca (jaguars). |
20 | (xi) Acinonyx jubatus (cheetahs). |
21 | (xii) Felis concolor (cougars). |
22 | (xiii) Any crossbreed of the animals specified in |
23 | this paragraph which have similar characteristics in |
24 | appearance or features. |
25 | The term shall not be construed to include any member of the |
26 | class Aves (birds), any member of the families Equidae (horses, |
27 | asses and zebras), Camelidae (camels, alpacas and llamas), |
28 | Cervidae (deer, moose and elk), Bovidae (wild cattle and spiral- |
29 | horned antelopes), Muridae (rats and mice), Chinchillidae |
30 | (chinchillas and viscachas), Leporidae (rabbits and hares), |
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1 | Erinaceidae (hedgehogs and moonrats), Petauridae (gliders and |
2 | striped possums) or any member of the species Mustela furo |
3 | (domestic ferrets) or Cavia porcellus (domestic guinea pigs) or | <-- |
4 | any "domestic animal" as that term is defined in 18 Pa.C.S. § |
5 | 5511 (relating to cruelty to animals). |
6 | "Exotic wildlife dealer." Any person who: |
7 | (1) imports into this Commonwealth, possesses, buys, |
8 | sells, locates or finds for a fee, barters, donates, gives |
9 | away or otherwise disposes of [more than one bird or one |
10 | animal classified as] exotic wildlife [by this subchapter.]; |
11 | and |
12 | (2) engages in at least five documented transactions |
13 | annually involving exotic wildlife. |
14 | * * * |
15 | Section 2. Section 2963 of Title 34 is amended to read: |
16 | § 2963. Exotic wildlife possession permits. |
17 | [(a) Authorization.--The commission may issue permits to | <-- |
18 | persons to possess exotic wildlife which shall authorize the |
19 | holder to purchase, receive or possess exotic wildlife from any |
20 | lawful source from within or without this Commonwealth. |
21 | (a.1) Prohibition.-- | <-- |
22 | (1) On January 1, 2013, the commission shall not issue |
23 | any new permits authorized under subsection (a) for the |
24 | possession of exotic wildlife, and shall only issue permits |
25 | as set forth in sections 2930 (relating to propagating |
26 | permits), 2962 (relating to exotic wildlife dealer permits) |
27 | and 2964(a) (relating to menagerie permits) and 58 Pa. Code § |
28 | 147.302 (relating to general). |
29 | (2) (i) The provisions of paragraph (1) shall not apply |
30 | to a permit issued under subsection (a), provided that |
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1 | the permit is issued prior to December 31, 2012. The |
2 | permit shall only authorize the continued possession, |
3 | after December 31, 2012, of the exotic wildlife |
4 | identified in the permit. |
5 | (ii) The provisions of paragraph (1) shall not apply |
6 | to a wildlife sanctuary for which the commission, in its |
7 | sole discretion, has designated a facility and authorized |
8 | it to operate as a place of refuge to provide temporary |
9 | or lifetime shelter, care and protection for abused, |
10 | neglected, unwanted, impounded, abandoned, orphaned or |
11 | displaced wildlife under the authority provided under |
12 | section 2902(c) (relating to general categories of |
13 | permits). |
14 | (3) The provisions of this section shall not apply to |
15 | any young born after December 31, 2012, from exotic wildlife |
16 | with a valid permit issued under subsection (a). |
17 | (b) Shelter, care and protection.--No permit provided for in |
18 | this section shall be granted until the commission is satisfied |
19 | that the provisions for housing and caring for such exotic |
20 | wildlife and for protecting the public are proper and adequate |
21 | and in accordance with the standards established by the |
22 | commission.] | <-- |
23 | (b.1) Prohibition.-- | <-- |
24 | (1) Commencing on January 1, 2013, the commission shall |
25 | not issue permits for the possession of exotic wildlife, |
26 | except as set forth in sections 2930 (relating to propagating |
27 | permits), 2962 (relating to exotic wildlife dealer permits) |
28 | and 2964(a) (relating to menagerie permits) and 58 Pa. Code § |
29 | 147.302 (relating to general). |
30 | (2) (i) The provisions of paragraph (1) shall not apply |
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1 | to exotic wildlife lawfully possessed pursuant to an |
2 | exotic wildlife possession permit, provided that the |
3 | permit is used prior to December 31, 2012. The permit |
4 | shall only authorize the continued possession, after |
5 | December 31, 2012, of the exotic wildlife identified in |
6 | the permit. |
7 | (ii) The provisions of paragraph (1) shall not apply |
8 | to a wildlife sanctuary for which the commission, in its |
9 | sole discretion, has designated a facility and authorized |
10 | it to operate as a place of refuge to provide temporary |
11 | or lifetime shelter, care and protection for abused, |
12 | neglected, unwanted, impounded, abandoned, orphaned or |
13 | displaced wildlife under the authority provided under |
14 | section 2902(c) (relating to general categories of |
15 | permits). |
16 | (iii) This paragraph shall not be construed to |
17 | authorize acquisition, display, exhibition or disposal of |
18 | any additional exotic wildlife after December 31, 2012. |
19 | This subparagraph shall not apply to any young born after |
20 | December 31, 2012, from otherwise lawfully held exotic |
21 | wildlife. |
22 | (c) Unlawful acts.--It is unlawful for any person to: |
23 | (1) [Possess, purchase or receive exotic wildlife] Keep |
24 | exotic wildlife in captivity or have exotic wildlife in the |
25 | person's custody or control, without first securing a permit |
26 | [to possess exotic wildlife issued under this section or |
27 | regulations pertaining to this section] issued by the |
28 | commission as set forth in sections 2930, 2962, 2963 and | <-- |
29 | 2964(a) or 58 Pa. Code § 147.302. |
30 | (2) [Release] Violate any of the provisions of this |
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1 | section or release exotic wildlife into the wild. |
2 | (3) Fail to exercise due care in safeguarding the public |
3 | from attack by exotic wildlife. |
4 | (4) Recklessly engage in conduct which places or may |
5 | place another person in danger of attack by exotic wildlife. |
6 | (d) Penalty.-- |
7 | (1) A violation of this section relating to [permits is |
8 | a summary offense of the third degree] unlawful release of |
9 | exotic wildlife is a misdemeanor offense. |
10 | (2) Any other violation of this section is a summary |
11 | offense of the [fifth] first degree. |
12 | (3) Each day of violation shall constitute a separate |
13 | offense[, but under no circumstances shall the accumulated |
14 | penalty for purposes of a field receipt exceed $300. There |
15 | shall be no limit on any accumulated penalty a court may |
16 | assess]. |
17 | (4) A second or subsequent conviction within a seven- |
18 | year period for a violation of subsection (c)(1) or (2) is a |
19 | misdemeanor of the first degree. |
20 | [(e) Discretion of director.--In addition to the penalties | <-- |
21 | provided, the director may, for any violation of this section, |
22 | revoke or suspend any permit and order the disposal of any |
23 | exotic wildlife held.] | <-- |
24 | Section 3. This act shall take effect in 60 days. |
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