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PRINTER'S NO. 143
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
263
Session of
2015
INTRODUCED BY ALLOWAY, GREENLEAF, LEACH AND BREWSTER,
JANUARY 16, 2015
REFERRED TO GAME AND FISHERIES, JANUARY 16, 2015
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in special licenses and permits, further providing
for definitions, for exotic wildlife possession permits and
for menagerie permits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "exotic wildlife," "exotic
wildlife dealer" and "menagerie" in section 2961 of Title 34 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 2961. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Exotic wildlife." The phrase includes[, but is not limited
to, all bears, coyotes, lions, tigers, leopards, jaguars,
cheetahs, cougars, wolves and any crossbreed of these animals
which have similar characteristics in appearance or features.
The definition is applicable whether or not the birds or animals
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were bred or reared in captivity or imported from another state
or nation.] all nonindigenous animals and the following,
regardless of whether the animals are bred or reared in
captivity or imported from another nation or state:
(1) All members of the order Primates (nonhuman
primates).
(2) All members of the family Ursidae (bears).
(3) All members of the species:
(i) Canis latrans (coyotes).
(ii) Canis lupus (gray wolves).
(iii) Canis rufus (red wolves).
(iv) Felis rufus (bobcats).
(v) Panthera leo (lions).
(vi) Panthera tigris (tigers).
(vii) Panthera pardus (leopards).
(viii) Panthera uncia (snow leopards).
(ix) Neofelis nebulosa (clouded leopards).
(x) Panthera onca (jaguars).
(xi) Acinonyx jubatus (cheetahs).
(xii) Felis concolor (cougars).
(xiii) Any crossbreed of the animals specified in
this paragraph.
The term does not include any member of the class Aves (birds),
any member of the families Equidae (horses, asses and zebras),
Camelidae (camels, alpacas and llamas), Cervidae (deer, moose
and elk), Bovidae (wild cattle and spiral-horned antelopes),
Muridae (rats and mice), Chinchillidae (chinchillas and
viscachas), Leporidae (rabbits and hares), Petauridae (gliders
and striped possums) or any member of the species Mustela furo
(domestic ferrets) or Cavia porcellus (domestic guinea pigs) or
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any domestic animal as that term is defined in 18 Pa.C.S. § 5511
(relating to cruelty to animals).
"Exotic wildlife dealer." Any person who:
(1) imports into this Commonwealth, possesses, buys,
sells, locates or finds for a fee, barters, donates, gives
away or otherwise disposes of [more than one bird or one
animal classified as] exotic wildlife [by this subchapter.];
and
(2) engages in at least five documented transactions
annually involving exotic wildlife.
"Menagerie." Any place where [one or more] wild birds or
wild animals, [or one or more] including exotic wildlife, or 10
or more birds or animals which have similar characteristics and
appearance to birds or animals wild by nature, are kept in
captivity for the evident purpose of public exhibition with [or
without] charge.
Section 2. Sections 2963 and 2964(c) and (d) of Title 34 are
amended to read:
§ 2963. Exotic wildlife possession permits.
(a) Authorization.--[The] Subject to the provisions of
subsection (a.1), the commission may issue permits to persons to
possess exotic wildlife which shall authorize the holder to
purchase, receive or possess exotic wildlife from any lawful
source from within or without this Commonwealth.
(a.1) Prohibition.--
(1) On and after January 1, 2016, the commission shall
not issue any new permits authorized under subsection (a) for
the possession of exotic wildlife, and may only issue permits
as set forth in sections 2962 (relating to exotic wildlife
dealer permits) and 2964 (relating to menagerie permits).
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(2) Permits issued under subsection (a) prior to
December 31, 2015, may only authorize the continued
possession, after December 31, 2015, of the individual exotic
wildlife identified in the permit, provided that, after the
effective date of this subsection, no permits for possession,
purchase or receipt of exotic wildlife may be issued to any
person who has been convicted of or fined for an offense
involving the abuse or neglect or any animal pursuant to any
Federal, State or local law.
(3) The provisions of paragraph (1) shall not apply to a
wildlife sanctuary that:
(i) The commission has designated as a facility to
operate as a nonprofit place of refuge to provide
temporary or lifetime shelter, care and protection for
abused, neglected, unwanted, impounded, orphaned or
displaced wildlife under section 2902(c) (relating to
general categories of permits).
(ii) Is accredited by the Global Federation of
Animal Sanctuaries.
(iii) Does not conduct any commercial activity with
respect to exotic wildlife, including, but not limited
to:
(A) sale, trade, auction, lease or loan of
exotic wildlife or parts of such animals; or
(B) use of exotic wildlife in any manner in a
for-profit business or operation.
(iv) Does not use exotic wildlife for entertainment
purposes or in a traveling exhibit.
(v) Does not breed any exotic wildlife.
(vi) Does not allow members of the public the
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opportunity to come into direct contact with exotic
wildlife.
(vii) Does not allow members of the public to feed
exotic wildlife.
[(b) Shelter, care and protection.--No permit provided for
in this section shall be granted until the commission is
satisfied that the provisions for housing and caring for such
exotic wildlife and for protecting the public are proper and
adequate and in accordance with the standards established by the
commission.]
(c) Unlawful acts.--It is unlawful for any person to:
(1) [Possess, purchase or receive exotic wildlife,] Keep
exotic wildlife in captivity, have exotic wildlife in the
person's custody or control or purchase or receive exotic
wildlife without first securing a permit [to possess exotic
wildlife issued under this section or regulations pertaining
to this section.] issued by the commission as set forth in
this section or sections 2962 and 2964.
(2) [Release] Violate any of the provisions of this
section or release exotic wildlife into the wild.
(3) Fail to exercise due care in safeguarding the public
from attack by exotic wildlife.
(4) Recklessly engage in conduct which places or may
place another person in danger of attack by exotic wildlife.
(d) Penalty.--
(1) A violation of this section relating to [permits is
a summary offense of the third degree] unlawful release of
exotic wildlife is a misdemeanor.
(2) Any other violation of this section is a summary
offense of the [fifth] first degree.
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(3) Each day of violation shall constitute a separate
offense[, but under no circumstances shall the accumulated
penalty for purposes of a field receipt exceed $300. There
shall be no limit on any accumulated penalty a court may
assess].
(4) A second or subsequent conviction within a seven-
year period for a violation of subsection (c)(1) or (2) is a
misdemeanor of the first degree.
[(e) Discretion of director.--In addition to the penalties
provided, the director may, for any violation of this section,
revoke or suspend any permit and order the disposal of any
exotic wildlife held.]
§ 2964. Menagerie permits.
* * *
(c) Unlawful acts.--It is unlawful to:
(1) Keep any wild bird or wild animal in captivity for
public exhibition, or to have any wild bird or wild animal in
custody or control for such purpose, without first securing a
permit issued by the commission.
(2) Violate any of the provisions of this section or to
release any bird or animal into the wild.
(3) Fail to exercise due care in safeguarding the public
from attack by exotic wildlife.
(4) Recklessly engage in conduct which places or may
place another person in danger of attack by exotic wildlife.
(5) Allow members of the public the opportunity to come
into direct contact with exotic wildlife.
(d) Penalty.--
(1) A violation of this section relating to permits or
regulations adopted thereunder is a summary offense of the
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second degree.
(1.1) A violation of this section relating to unlawful
release of exotic wildlife is a misdemeanor.
(2) Any other violation of this section is a summary
offense of the seventh degree.
(3) Each day of violation shall constitute a separate
offense[, but, under no circumstances, shall the accumulated
penalty for purposes of a field receipt exceed $300. There
shall be no limit on any accumulated penalty a court may
assess].
(4) A second or subsequent conviction within a seven-
year period for a violation of subsection (c) is a
misdemeanor of the first degree.
* * *
Section 3. This act shall take effect in 60 days.
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