1 South Carolina General Assembly 2 116th Session, 2005-2006 3 4 S. 959 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senator Thomas 10 Document Path: l:\council\bills\nbd\11932ac06.doc 11 12 Introduced in the Senate on January 10, 2006 13 Currently residing in the Senate Committee on Agriculture and Natural Resources 14 15 Summary: Exotic Animal Control and Regulation Act 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 11/29/2005 Senate Prefiled 22 11/29/2005 Senate Referred to Committee on Agriculture and Natural Resources 23 1/10/2006 Senate Introduced and read first time SJ-14 24 1/10/2006 Senate Referred to Committee on Agriculture and Natural Resources SJ-14 25 26 27 VERSIONS OF THIS BILL 28 29 11/29/2005 30 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND TITLE 47, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, 13 AND POULTRY, BY ADDING CHAPTER 2 WHICH ENACTS 14 THE “EXOTIC ANIMAL CONTROL AND REGULATION 15 ACT”, SO AS TO DEFINE EXOTIC ANIMAL AS THOSE 16 SPECIES OF ANIMALS THAT ARE INHERENTLY 17 DANGEROUS TO HUMANS AND TO EXEMPT SPECIFIC 18 ANIMALS AND CERTAIN ENTITIES POSSESSING EXOTIC 19 ANIMALS; TO PROHIBIT A PERSON FROM OWNING OR 20 POSSESSING AN EXOTIC ANIMAL UNLESS THE PERSON 21 WAS IN LEGAL POSSESSION OF THE ANIMAL BEFORE 22 THIS ACT’S EFFECTIVE DATE AND THE PERSON 23 OBTAINS A PERSONAL POSSESSION PERMIT FOR THE 24 EXOTIC ANIMAL WITHIN NINETY DAYS OF THIS ACT’S 25 EFFECTIVE DATE; TO ESTABLISH IDENTIFICATION, 26 CAGING, CARE AND TREATMENT, AND INSURANCE 27 REQUIREMENTS; TO PROHIBIT PUBLIC CONTACT WITH 28 AN EXOTIC ANIMAL; TO AUTHORIZE INSPECTIONS BY 29 THE DEPARTMENT OF NATURAL RESOURCES; TO 30 AUTHORIZE CONFISCATION OF THESE ANIMALS UNDER 31 CERTAIN CONDITIONS; AND TO PROVIDE PENALTIES. 32 33 Whereas, it is the intent of the South Carolina General Assembly 34 to protect the public against health and safety risks that exotic 35 animals pose to the community and to protect the welfare of the 36 individual animals held in private possession. By their very nature, 37 these animals are wild and inherently dangerous and, as such, do 38 not adjust well to a captive environment. Now therefore, 39 40 Be it enacted by the General Assembly of the State of South 41 Carolina: 42

1 [959] 1 1 SECTION 1. Title 47 of the 1976 Code is amended by adding: 2 3 “CHAPTER 2 4 5 Exotic Animal Control and Regulation 6 7 Section 47-2-10. This chapter may be cited as the ‘Exotic 8 Animal Control and Regulation Act’. 9 10 Section 47-2-20. As used in this chapter: 11 (1) ‘Department’ means the Department of Natural Resources. 12 (2) ‘Exotic animal’ means those species of animals that are 13 inherently dangerous to humans. Exotic animals include, but are 14 not limited to, the following orders and families, whether bred in 15 the wild or in captivity, and any or all hybrids. The animals listed 16 in parentheses are intended to act as examples and are not to be 17 construed as an exhaustive list or limit the generality of each group 18 of animals, unless otherwise specified: 19 (a) class mammalia: 20 (i) order artiodactyla (hippopotamuses, giraffes, camels, 21 and deer but not cattle, swine, sheep, or goats); 22 (ii) order carnivora: 23 A. family felidae (lions, tigers, cougars, leopards, 24 ocelots, and servals but not domestic cats); 25 B. family canidae (wolves, coyotes, foxes, and jackals 26 but not domestic dogs); 27 C. family ursidae (all bears); 28 D. family mustelidae (weasels, skunks, martins, and 29 minks but not ferrets); 30 E. family procyonidae (raccoons and coatis); 31 F. family hyaenidae (hyenas); 32 G. family viverridae (civets, genets, and mongooses); 33 (iii) order edentatia (anteaters, armadillos, and sloths); 34 (iv) order marsupialia (opossums, kangaroos, and 35 wallabies but not sugar gliders); 36 (v) order perissodactyla (rhinoceroses and tapirs but not 37 horses, donkeys, or mules); 38 (vi) order primates (lemurs, monkeys, chimpanzees, and 39 gorillas); 40 (vii) order proboscidae (elephants); 41 (viii) order rodentia (squirrels, beavers, and porcupines but 42 not guinea pigs, rats, mice, gerbils, or hamsters); 43 (b) class reptilia:

1 [959] 2 1 (i) order squamata; 2 A. family boidae (only African rock pythons, 3 amethystine pythons, boelen’s pythons, burmese pythons, Indian 4 pythons, olive pythons, reticulated pythons, yellow anacondas, 5 green anacondas, and Jamaican boas); 6 B. family colubridae (only boomslangs, mangrove 7 snakes, African twig snakes, and brown tree snakes); 8 C. family elapidae (coral snakes, cobras, and mambas); 9 D. family helodermatidae (venomous lizards); 10 E. family lacertilia (Salvator monitors and Salvadoran 11 monitors); 12 F. family viperidae (copperheads, cottonmouths, and 13 rattlesnakes); 14 (ii) order crocodilia (crocodiles, alligators, caimans, and 15 gavials); 16 (c) All species listed under the Federal Endangered Species 17 Act as threatened or endangered are considered an exotic animal. 18 (d) Species not listed may be declared as an exotic animal by 19 the department if the confinement of the animal within the State 20 can be shown to constitute a threat to public health and safety. 21 (3) ‘Person’ means an individual, partnership, corporation, 22 organization, trade or professional association, firm, limited 23 liability company, joint venture, association, trust, estate or any 24 other legal entity and any officer, member, shareholder, director, 25 employee, agent, or representative of these. 26 (4) ‘Possessor’ means a person who owns, harbors, or has 27 custody or control of an exotic animal. 28 (5) ‘Wildlife sanctuary’ means a nonprofit organization 29 described in Section 170(b)(1)(A)(vi) of the Internal Revenue 30 Code, as defined in Section 12-6-40(A), and its subsequent 31 amendments, that operates a place of refuge where abused, 32 neglected, unwanted, impounded, abandoned, orphaned, or 33 displaced exotic animals are provided care for their lifetime or 34 released back to their natural habitat and, with respect to any 35 animal owned by the organization, does not: 36 (a) conduct any activity that is not inherent to the animal’s 37 nature; 38 (b) use the animal for any type of entertainment; 39 (c) sell, trade, or barter the animal or the animal’s body 40 parts; or 41 (d) breed the animal for purposes of sale. 42

1 [959] 3 1 Section 47-2-30. (A) A person may not own, possess, keep, 2 harbor, bring, or have in his possession an exotic animal, except in 3 compliance with this chapter. 4 (B) A possessor or any other person in control of a lot, tract, or 5 parcel of land or any residence or business premises situated on 6 that land may not knowingly permit any other person to be in 7 possession of an exotic animal upon the property, residence, or 8 premises, except in compliance with this chapter. 9 (C) A person may not breed an exotic animal, except in 10 compliance with this chapter. 11 12 Section 47-2-40. This chapter does not apply to: 13 (1) institutions accredited by the American Zoo and Aquarium 14 Association; 15 (2) registered nonprofit humane societies; 16 (3) animal control officers or law enforcement officers acting 17 under the authority of this chapter; 18 (4) veterinary hospitals or clinics; 19 (5) a wildlife rehabilitator licensed by the State; 20 (6) a wildlife sanctuary; 21 (7) a licensed or accredited research or medical institution; 22 (8) a licensed or accredited educational institution; 23 (9) a circus, rodeo, or trade show; 24 (10) a person temporarily transporting an exotic animal through 25 the State if the transit time is not more than ninety-six hours and 26 the animal is at all times maintained within a confinement 27 sufficient to prevent the exotic animal from escaping. 28 29 Section 47-2-50. (A) A person may possess an exotic animal 30 only if: 31 (1) the person was in legal possession of the exotic animal as 32 of July 1, 2006, and is the legal possessor of the exotic animal; and 33 (2) the person applies for and is granted a personal 34 possession permit for each exotic animal in the person’s 35 possession before October 1, 2006. 36 (B) A person who meets the requirements of subsection (A) 37 annually shall obtain a personal possession permit. 38 (C) An applicant shall submit an annual permit fee of fifty 39 dollars for each animal and shall file an application to receive a 40 personal possession permit with the department on forms provided 41 by the department. The application shall include: 42 (1) the name, address, and telephone number of the 43 applicant;

1 [959] 4 1 (2) a description of each exotic animal, including the 2 scientific name, common name, sex, age, color, weight, and any 3 distinguishing marks or coloration that would aid in the 4 identification of the animal; 5 (3) a photograph of the exotic animal; 6 (4) the exact location where the exotic animal is to be kept; 7 (5) the name, address, and telephone number of the person 8 from whom the applicant obtained the exotic animal, if known; 9 (6) the identification number of the exotic animal, excluding 10 exotic animals excepted under Section 47-2-70; 11 (7) the name, address, and phone number of the veterinarian 12 who is expected to provide veterinary care to the exotic animal. 13 The person shall submit any additional information the 14 department considers necessary to carry out the provisions of this 15 chapter. 16 (D) A permit may not be granted unless the department finds 17 that: 18 (1) the applicant has complied with all of the requirements 19 of subsection (A); 20 (2) the applicant is eighteen years of age or older; 21 (3) the applicant has not been convicted of or found 22 responsible for violating a local or state law prohibiting cruelty, 23 neglect, or mistreatment of an animal or has not within the past ten 24 years been convicted of a felony or been convicted for possession, 25 sale, or use of illegal narcotics; 26 (4) the facility and the conditions in which the exotic animal 27 will be kept are in compliance with this chapter; 28 (5) the applicant has obtained the requisite liability insurance 29 coverage for the exotic animal under the applicant’s control as set 30 forth in Section 47-2-100; 31 (6) the applicant has regularly provided veterinary care to 32 the exotic animal when needed and intends to provide such care in 33 the future. 34 (E) The personal possession permit shall set forth: 35 (1) the name, address, and phone number of the permit 36 holder; 37 (2) the address, if different than item (1), where the exotic 38 animal will be kept; 39 (3) the name, number, species, age of the exotic animal, and 40 any distinguishing marks or coloration that would aid in the 41 identification of the animal; 42 (4) the identification number as required under Section 43 47-2-70, if applicable;

1 [959] 5 1 (5) the name, address, and phone number of the veterinarian 2 who is expected to provide veterinary care to the exotic animal 3 named on the permit; 4 (6) any other relevant information the department considers 5 necessary. 6 (F) The department shall keep records of who has been issued a 7 personal possession permit. A permit holder shall notify the 8 department of any changes of the stated information on the permit, 9 including the death of the exotic animal. 10 11 Section 47-2-60. After June 30, 2006, a person may not bring 12 into possession a new exotic animal under the authority of a 13 personal possession permit issued for another exotic animal that 14 was in the person’s legal possession as of July 1, 2006. 15 16 Section 47-2-70. The possessor of the exotic animal shall have 17 an identification number placed in the exotic animal via 18 subcutaneous microchip, at the expense of the possessor, by or 19 under the supervision of a veterinarian. This section does not apply 20 to an exotic animal if a veterinarian determines that the placement 21 of a subcutaneous microchip would endanger the well-being of the 22 exotic animal. 23 24 Section 47-2-80. (A) The department shall promulgate 25 regulations establishing specific caging requirements for the 26 keeping and confinement of exotic animals. Persons possessing 27 exotic animals shall keep and confine the exotic animal in strict 28 accordance with these caging requirements. Any deviation from 29 the regulations must be approved by the department upon a 30 showing of good cause. 31 (B) All caging requirements shall ensure that the exotic animal 32 is confined in a primary enclosure that protects the public’s safety 33 and health and ensures the safety and well-being of the exotic 34 animal. The caging requirements shall: 35 (1) set forth the minimum size of the cage for each species 36 or family; 37 (2) require that the cage is locked or secured at all times 38 when the exotic animal is kept in the cage; 39 (3) restrict the entry of unauthorized persons or predatory 40 animals; 41 (4) maintain an ambient temperature compatible with the 42 exotic animal’s needs; and

1 [959] 6 1 (5) provide sufficient food and water which fulfills the 2 exotic animal’s dietary requirements and be presented in a manner 3 compatible with the exotic animal’s particular eating habits. 4 5 Section 47-2-90. (A) An exotic animal may not be: 6 (1) tethered, leashed, or chained outdoors or allowed to run 7 at large; 8 (2) mistreated, neglected, abandoned, or deprived of 9 necessary food, water, or sustenance. 10 (B) A person transporting an exotic animal in a vehicle shall 11 keep the animal securely caged in the vehicle at all times. 12 (C) The possessor of an exotic animal shall have a plan for the 13 quick and safe recapture of the exotic animal if the exotic animal 14 escapes, and if recapture is impossible, a plan for the destruction of 15 the exotic animal. 16 (D) If a person realizes that he can no longer care for the exotic 17 animal, an animal rescue facility, wildlife sanctuary, or an 18 American Zoo and Aquarium Association accredited facility must 19 be contacted for possible placement of the animal before 20 euthanization of the exotic animal. 21 22 Section 47-2-100. (A) A possessor of an exotic animal shall 23 maintain liability insurance coverage in an amount of not less than 24 one hundred thousand dollars for each occurrence for liability 25 damages for destruction of or damage to property and death or 26 bodily injury to a person caused by the exotic animal. The 27 possessor of an exotic animal shall provide a copy of the policy for 28 liability insurance to the department annually. 29 (B) The possessor of an exotic animal shall have posted and 30 displayed at each possible entrance onto the premises where an 31 exotic animal is kept a conspicuous sign, clearly legible, and easily 32 readable by the public warning that there is an exotic animal on the 33 premises. In addition, the possessor shall conspicuously display a 34 sign with a warning symbol that informs children of the presence 35 of an exotic animal. The exact content and size of the sign must be 36 prescribed by the department. 37 (C) If any exotic animal escapes or is released, either 38 intentionally or unintentionally, the possessor of the exotic animal 39 immediately shall contact a law enforcement officer of the city or 40 county where the possessor resides to report the escape or release. 41 The possessor is liable for all expenses associated with efforts to 42 recapture the animal. 43

1 [959] 7 1 Section 47-2-110. The possessor of an exotic animal may not 2 bring an exotic animal to any commercial or retail establishment 3 unless the possessor of the animal is bringing the animal to a 4 veterinarian or a veterinarian clinic. 5 6 Section 47-2-120. The possessor of an exotic animal, at all 7 reasonable times, shall allow the department to enter the premises 8 where the animal is kept to ensure compliance with this chapter. 9 10 Section 47-2-130. (A) If the department finds that an applicant 11 for an original or a renewal personal possession permit does not 12 meet the requirements set forth in Section 47-2-50, the department 13 shall deny the applicant a personal possession permit and give the 14 applicant written notice of the denial and the reasons for the denial. 15 (B) If the department finds that a person has not complied with 16 this chapter the department may suspend or revoke the personal 17 possession permit and give the possessor written notice of the 18 suspension or revocation and the reasons for the suspension or 19 revocation. 20 (C) A person who is denied a personal possession permit or a 21 renewal of a personal possession permit, or who has had a permit 22 suspended or revoked may appeal the decision to an administrative 23 law judge in accordance with the Administrative Procedures Act. 24 25 Section 47-2-140. (A) An exotic animal may be immediately 26 confiscated by the department if the: 27 (1) possessor does not have a personal possession permit 28 issued pursuant to this chapter; 29 (2) possessor does not secure the liability insurance coverage 30 required in Section 47-2-100; 31 (3) provisions of Section 47-2-100 are not being met; 32 (4) conditions under which the exotic animal is kept are 33 directly or indirectly dangerous to human health and safety. 34 (B) An exotic animal may be returned to the possessor only if 35 the possessor has a personal possession permit and has corrected 36 the conditions resulting in the confiscation. 37 (C) If an exotic animal is confiscated, the possessor is liable for 38 the costs of placement and care for the exotic animal from the time 39 of confiscation until the time of return to the possessor or until the 40 time the animal has been relocated to an alternative facility 41 including, but not limited to, a wildlife sanctuary, licensed humane 42 society, or an institution accredited by the American Zoo and 43 Aquarium Association.

1 [959] 8 1 2 Section 47-2-150. (A) A person who violates a provision of 3 this chapter is guilty of a misdemeanor and, upon conviction, must 4 be fined two hundred dollars or imprisoned not more than thirty 5 days and upon conviction of a second or subsequent offense, must 6 be fined one thousand dollars, none of which may be suspended or 7 remitted. 8 (B) A possessor of an exotic animal who violates Section 9 47-2-90(A)(1) or (B) or Section 47-2-110 resulting in the animal 10 attacking and injuring a human being: 11 (1) for a first offense is guilty of a misdemeanor and, upon 12 conviction, must be fined not more than five thousand dollars or 13 imprisoned not more than three years; 14 (2) for a second or subsequent offense is guilty of a felony 15 and, upon conviction, must be fined not more than ten thousand 16 dollars or imprisoned not more than five years.” 17 18 SECTION 2. This act takes effect July 1, 2006. 19 ----XX---- 20

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