PRINTER'S NO. 230
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
248
Session of
2017
INTRODUCED BY LEACH, JANUARY 27, 2017
REFERRED TO JUDICIARY, JANUARY 27, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in riot, disorderly conduct and
related offenses, providing for the offense of use of live
animals in traveling exhibitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5511.4. Use of live animals in traveling exhibitions.
(a) Offense defined.--No person who is an exhibitor may
employ or use any exotic animal or exotic wildlife in an animal
act, ride, performance or exhibition as part of a traveling show
or exhibition if, during the 15-day period preceding the
employment or use, the animal was living or traveling in a
mobile housing facility.
(b) Applicability.--Subsection (a) shall not apply to the
use of an animal, including a nonhuman primate:
(1) in an exhibition at a nonmobile, permanent
institution or facility, including an accredited zoo or
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aquarium;
(2) as part of an outreach program for educational or
conservation purposes by a zoo or aquarium accredited by the
Association of Zoos and Aquariums, if the animal is not kept
in a mobile housing facility for more than 12 hours per day;
(3) by a university, college, laboratory or other
research facility registered with the United States Secretary
of Agriculture under section 6 of the Animal Welfare Act
(Public Law 89-544, 7 U.S.C. § 2136); or
(4) in film, television or advertising, if the use does
not involve a live public exhibition.
(c) Penalty.--A person who violates this section commits a
misdemeanor of the third degree.
(d) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Domestic animal." The term includes, but is not limited to,
a dog, cat, equine animal, bovine animal, rabbit, sheep, goat or
porcine animal. The term does not include an exotic animal or
exotic wildlife.
"Domestic fowl." An avis raised for food, hobby or sport.
"Exhibitor." A person who exhibits an animal to the public
for compensation. The term includes, but is not limited to, the
owner and operator of a carnival, circus, fair or zoo that
exhibits an animal, whether for profit or not. The term does not
include:
(1) the owner or operator of a retail pet store;
(2) a person who owns a common, domesticated household
pet and who derives less than a substantial portion of income
from a nonprimary source for exhibiting an animal that
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exclusively resides at the residence of the person; or
(3) an organization that sponsors or a person who
participates with domestic animal or domestic fowl species in
a purebred dog or cat show, or a state or county fair or
livestock show intended to advance the agricultural arts and
sciences.
"Exotic animal." An animal that is native to a foreign
country or of foreign origin or character, is not native to the
United States or was introduced from abroad and includes all
hybrids of the animal. The term includes, but is not limited to,
a nonhuman primate, lion, tiger, leopard, elephant, camel,
antelope, anteater, kangaroo, water buffalo and any species of
foreign domestic cattle, such as ankole, gayal and yak.
"Exotic wildlife." As defined in 34 Pa.C.S. § 2961 (relating
to definitions).
"Mobile housing facility." A transporting vehicle,
including, but not limited to, a truck, trailer or railway car
used to house animals while traveling for exhibition or public
education purposes.
Section 2. This act shall take effect in 60 days.
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