2017-2018 Bill 3531 Text of Previous Version (May 2, 2017) - South Carolina Legislature Online

1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE AMENDMENT ADOPTED 5 May 2, 2017 6 7 H. 3531 8 9 Introduced by Reps. Crawford, Clemmons, Fry, Duckworth, 10 Hixon, Hardee, V.S. Moss, Forrest and Martin 11 12 S. Printed 5/2/17--S. 13 Read the first time February 7, 2017. 14 15 16

[3531-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING CHAPTER 2 TO TITLE 47 SO AS TO 13 DEFINE CERTAIN TERMS, TO PROHIBIT CERTAIN 14 PERSONS FROM OWNING, POSSESSING, IMPORTING, 15 PURCHASING, OR SELLING A LARGE WILD CAT, 16 NONNATIVE BEAR, OR GREAT APE, TO AUTHORIZE 17 CONFISCATION OF THESE ANIMALS UNDER CERTAIN 18 CIRCUMSTANCES, AND TO PROVIDE THAT LOCAL 19 GOVERNMENTAL BODIES MAY ADOPT ORDINANCES 20 THAT REGULATE THE POSSESSION OF THESE ANIMALS, 21 TO REGULATE THE TREATMENT OF THESE ANIMALS, 22 AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 23 47550, RELATING TO THE PROHIBITION OF THE SALE OF 24 WILD CARNIVORES AS PETS AND THE SALE OF 25 DOMESTICATED FERRETS, SO AS TO DELETE THE 26 PROVISION THAT ALLOWS THE PUBLIC DISPLAY, 27 SHOWING, OR EXHIBITION OF CERTAIN WILD 28 CARNIVORES, PRIMATES, OR OTHER ANIMALS. 29 30 Whereas, South Carolina is home to one of the nation’s preeminent 31 wildlife preserves which is also a top tourist attraction and an 32 interactive educational experience, attracting thousands of visitors 33 annually and playing a significant role supporting the local 34 economy of Myrtle Beach; and 35 36 Whereas, biodiversity has great value to human welfare; and 37 38 Whereas, biodiversity has been threatened by habitat loss around 39 the globe and it is necessary to protect endangered and threatened 40 species; and 41

[3531] 2 1 Whereas, qualified, captive breeding programs play a critical role 2 in the conservation of threatened and endangered species; and 3 4 Whereas, animal ambassadors play a vital role in generating 5 millions of dollars to support international conservation efforts of 6 threatened and endangered species; and 7 8 Whereas, the human spirit benefits greatly from the ability to 9 interact with and observe wildlife; and 10 11 Whereas, it is imperative that the General Assembly protects 12 critical conservation efforts and the welfare of vulnerable, 13 threatened, and endangered species and protects the public against 14 potential safety risks relating to big cats, nonnative bears, and great 15 apes in captivity. Now, therefore, 16 17 Be it enacted by the General Assembly of the State of South 18 Carolina: 19 20 SECTION 1. Title 47 of the 1976 Code is amended by adding: 21 22 “CHAPTER 2 23 24 Large Wild Cats, NonNative Bears and Great Apes 25 26 Section 47210. As contained in this chapter: 27 (1) ‘Animal control authority’ means the agency designated by 28 a city or county to administer ordinances regulating, restricting, or 29 prohibiting the possession of large wild cats, nonnative bears, and 30 great apes. The animal control agency may be a municipal or 31 county animal control agency, county sheriff, or other designated 32 agency. 33 (2) ‘Large wild cat, nonnative bear and great ape’ means one of 34 the following types of animals of the order Carnivora or Primate, 35 and any hybrids of these animals: 36 (a) Family Felidae, Genus panthera all lions, tigers, 37 leopards, jaguars, cougars, cheetahs, snow leopards, and clouded 38 leopards; 39 (b) Family Ursidae all bears that are not native to South 40 Carolina and not subject to oversight by the South Carolina 41 Department of Natural Resources; and 42 (c) Family Hominidae all great apes; to include all species 43 of chimpanzees, gorillas, and orangutans.

[3531] 3 1 (3) ‘Person’ means any individual, partnership, corporation, 2 organization, trade, or professional association, firm, limited 3 liability company, joint venture, association, trust, estate, or any 4 other legal entity, and any employee, agent, or representative of the 5 entity. 6 (4) ‘Possessor’ means any person who owns, possesses, keeps, 7 harbors, brings into the State, acts as a custodian of, or has custody 8 or control of, a large wild cat, nonnative bear, or great ape. 9 10 Section 47220. (A) The provisions of this chapter do not 11 apply to: 12 (1) duly incorporated nonprofit animal protection 13 organizations, such as humane societies and shelters, housing a 14 large wild cat, nonnative bear or great ape temporarily at the 15 written request of the animal control authority or acting under the 16 authority of this chapter; 17 (2) federal or state wildlife enforcement officers acting 18 under the scope of their authority; 19 (3) animal control or law enforcement agencies or officers 20 acting under the authority of this chapter; 21 (4) veterinary hospitals, clinics, veterinarians, and persons 22 employed at such facilities under the direction of a veterinarian 23 who are actively treating a large wild cat, nonnative bear, or great 24 ape in their professional capacity as a veterinarian or employee of 25 such facility; 26 (5) a university, college, laboratory, or other research facility 27 holding a Class R registration under the Animal Welfare Act, 7 28 U.S.C. Section 2131, et seq., as amended; 29 (6) any person who possesses a valid United States 30 Department of Agriculture Class A, B, or C license in good 31 standing and is in compliance with the United States Department 32 of Agriculture Animal Welfare Act regulations and standards as of 33 January 1, 2018. This person may keep and acquire new large wild 34 cats, nonnative bears, or great apes; and 35 (7) any person who obtains a valid United States Department 36 of Agriculture Class A, B, or C license and is in compliance with 37 the United States Department of Agriculture Animal Welfare Act 38 regulations and standards after January 1, 2018, may keep and 39 acquire large wild cats, nonnative bears, or great apes after that 40 date, and must comply with the applicable provisions of this 41 chapter; 42 (8) circuses that are incorporated and hold a Class C license 43 under the Animal Welfare Act, 7 U.S.C. Section 2131, et seq., as

[3531] 4 1 amended, that are temporarily in this State, and that offer 2 performances by live animals, clowns, and acrobats for public 3 entertainment; and 4 (9) an intermediate handler, as defined by the Animal Welfare 5 Act, 7 U.S.C. Section 2136, et seq., acting as a registered agent for 6 a USDA license, pursuant to the Captive Wildlife Safety Act, shall 7 be permitted to transport regulated species through this State, 8 provided the animal is at all times maintained within a 9 confinement sufficient to prevent the animal from escaping. 10 11 Section 47230. (A) Except as otherwise provided in this 12 chapter, it is unlawful for a person to import into, possess, keep, 13 purchase, have custody or control of, breed, or sell within this 14 State, by any means, a large wild cat, nonnative bear, or great ape, 15 including transactions conducted via the Internet. 16 (B) A person in legal possession of a large wild cat, nonnative 17 bear, or great ape prior to January 1, 2018, and who is the legal 18 possessor of the animal, may keep possession of the animal for the 19 remainder of the animal’s life, subject to the following conditions: 20 (1) on or before January 1, 2018, the possessor of a large 21 wild cat, nonnative bear, or great ape shall register with the animal 22 control authority for the city or county in which the animal is 23 located. The registration shall include the person’s name, address, 24 telephone number, a complete inventory of each large wild cat, 25 nonnative bear, or great ape that the person possesses, a 26 photograph or microchip number for each animal, the address for 27 the site at which each animal is located, and the payment to the 28 animal control authority of a one time fee of five hundred dollars 29 per site at which a large wild cat, nonnative bear, or great ape is to 30 be located, and an annual fee of one hundred dollars per large wild 31 cat, nonnative bear, or great ape located at that site to cover the 32 costs of enforcement of this chapter. A possessor shall have a 33 continuing obligation to promptly notify the animal control 34 authority with jurisdiction of any material changes to the 35 information required for registration; 36 (2) the possessor shall prepare and submit to the animal 37 control authority at the time of payment of the fee required by 38 subitem (1) a contingency plan to protect first responders by 39 providing for the quick and safe recapture of the large wild cat, 40 nonnative bear, or great ape in the event of an escape; 41 (3) the possessor shall maintain veterinary records, 42 acquisition papers for the animal, or other documents or records

[3531] 5 1 that establish that the person possessed the animal prior to January 2 1, 2018; 3 (4) the possessor shall present paperwork described in 4 subitem (3) to an animal control or law enforcement authority 5 upon request; 6 (5) the possessor shall comply with the basic standards for 7 housing exotic animals and protecting the public under the federal 8 Animal Welfare Act, 7 U.S.C. Section 2131, et seq., as amended, 9 and the regulations adopted pursuant to that act, and shall allow the 10 animal control authority access to the animal’s housing in order to 11 ensure that the animal is properly cared for and poses no risk of 12 unauthorized contact with the public; 13 (6) the possessor shall notify the animal control authority, 14 the local sheriff’s department, and police department, if applicable, 15 immediately upon discovery that the large wild cat, nonnative 16 bear, or great ape has escaped. The possessor of the animal shall be 17 liable for any and all costs associated with the escape, capture, and 18 disposition of a registered animal; and 19 (7) the possessor shall comply with any and all applicable 20 federal, state, or local law, rule, regulation, ordinance, permit, or 21 other permission regarding ownership of large wild cats, nonnative 22 bears, and great apes. Failure to comply with any law, rule, 23 regulation, ordinance, permit, or other permission constitutes a 24 violation of this chapter. 25 26 Section 47240. (A) An animal control authority or other 27 person authorized to enforce the provisions of this chapter may 28 confiscate a large wild cat, nonnative bear, or great ape when: 29 (1) the animal control authority or other person designated 30 under this chapter has probable cause to believe that the large wild 31 cat, nonnative bear, or great ape was acquired or is being held in 32 contravention of this chapter; 33 (2) the large wild cat, nonnative bear, or great ape poses an 34 immediate, imminent danger to the health and safety of the public; 35 or 36 (3) the large wild cat, nonnative bear, or great ape is in 37 imminent danger of loss of life as a result of the action or inaction 38 of the possessor as determined by a veterinarian. 39 (B) A large wild cat, nonnative bear, or great ape that is 40 confiscated under this section must be returned to the possessor if 41 the animal control authority or law enforcement officer establishes 42 that the possessor had legal possession of the animal pursuant to 43 this chapter, the return does not pose a public safety or health risk,

[3531] 6 1 and the animal is determined not to be in poor health and condition 2 as a result of the action or inaction of the possessor. 3 (C) The animal control authority or other persons authorized to 4 enforce this chapter shall serve notice upon the possessor in person 5 or by regular and certified mail, return receipt requested, notifying 6 the possessor of the confiscation, that the possessor is responsible 7 for payment of reasonable costs for caring and providing for the 8 animal during the confiscation and that the possessor must meet 9 the requirements of subsection (B) in order for the animal to be 10 returned to the possessor. 11 (D) If a large wild cat, nonnative bear, or great ape that is 12 confiscated under this section is not returned to the possessor, the 13 animal control authority or other persons designated under this 14 chapter shall release the animal to a facility exempted pursuant to 15 this chapter or an outofstate facility. 16 (E) If a large wild cat, nonnative bear, or great ape escapes or is 17 released and poses an immediate threat to public safety, the animal 18 control authority or other persons designated under this chapter 19 may exercise judgment in attempting to recapture, contain, or 20 destroy the animal. 21 22 Section 47250. A city or county may adopt an ordinance 23 governing large wild cat, nonnative bear, or great ape that is more 24 restrictive than this chapter. However, nothing in this chapter 25 requires a city or county to adopt an ordinance to be in compliance 26 with this chapter. 27 28 Section 47260. (A) The animal control authority and its staff 29 and agents, local law enforcement agents, state law enforcement 30 agents, and county sheriffs are authorized and empowered to 31 enforce the provisions of this chapter. 32 (B) The possessor of a large wild cat, nonnative bear, or great 33 ape, at all reasonable times, shall allow the animal control 34 authority or other persons designated by this chapter to enter the 35 premises where the animal is being kept to ensure compliance with 36 this chapter. 37 38 Section 47270. A person who violates this chapter must be 39 fined not more than one thousand dollars or imprisoned for not 40 more than thirty days for a first offense, and must be fined not 41 more than five thousand dollars or imprisoned for not more than 42 ninety days for a second offense.” 43

[3531] 7 1 SECTION 2. Section 47550(D) of the 1976 Code is amended to 2 read: 3 “(D) This section does not apply to the sale, purchase, donation, 4 or transfer of ownership of carnivores between publiclyowned 5 zoos or animal dealers located in this State and licensed by the 6 United States Department of Agriculture (USDA) under the 7 Animal Welfare Act on the effective date of this chapter. These 8 exemptions do not allow for the sale, purchase, donation, or 9 transfer of ownership to private individuals in this State. Any 10 public displays, showings, or exhibitions of wild carnivores, 11 primates, or any other animal will default to the Animal Welfare 12 Act-9 CFR 2.131- Handling of Animals animals for which a 13 USDA licensed rabies vaccine does not exist are allowed only 14 when these displays, showings, or exhibitions prevent any possible 15 contact by these animals with the members of the general public.” 16 17 SECTION 3. If any part of this chapter is determined to be 18 unconstitutional or unenforceable, it shall not affect the 19 constitutionality or enforceability of any other part. 20 21 SECTION 4. This act takes effect January 1, 2018, and applies to 22 acts committed on or after that date. 23 XX 24

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