1Amending Title 34 (Game) of the Pennsylvania Consolidated
2Statutes, in special licenses and permits, further providing
3for definitions, for exotic wildlife possession permits and
4for menagerie permits.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. The definitions of "exotic wildlife," "exotic
8wildlife dealer" and "menagerie" in section 2961 of Title 34 of
9the Pennsylvania Consolidated Statutes are amended to read:

10§ 2961. Definitions.

11The following words and phrases when used in this subchapter
12shall have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14* * *

15"Exotic wildlife." The phrase includes[, but is not limited
16to, all bears, coyotes, lions, tigers, leopards, jaguars,
17cheetahs, cougars, wolves and any crossbreed of these animals
18which have similar characteristics in appearance or features.
19The definition is applicable whether or not the birds or animals

1were bred or reared in captivity or imported from another state
2or nation.] all nonindigenous animals and the following, 
3regardless of whether the animals are bred or reared in 
4captivity or imported from another nation or state:

5(1) All members of the order Primates (nonhuman
6primates).

7(2) All members of the family Ursidae (bears).

8(3) All members of the species:

9(i) Canis latrans (coyotes).

10(ii) Canis lupus (gray wolves).

11(iii) Canis rufus (red wolves).

12(iv) Felis rufus (bobcats).

13(v) Panthera leo (lions).

14(vi) Panthera tigris (tigers).

15(vii) Panthera pardus (leopards).

16(viii) Panthera uncia (snow leopards).

17(ix) Neofelis nebulosa (clouded leopards).

18(x) Panthera onca (jaguars).

19(xi) Acinonyx jubatus (cheetahs).

20(xii) Felis concolor (cougars).

21(xiii) Any crossbreed of the animals specified in
22this paragraph.

23The term does not include any member of the class Aves (birds),
24any member of the families Equidae (horses, asses and zebras),
25Camelidae (camels, alpacas and llamas), Cervidae (deer, moose
26and elk), Bovidae (wild cattle and spiral-horned antelopes),
27Muridae (rats and mice), Chinchillidae (chinchillas and
28viscachas), Leporidae (rabbits and hares), Petauridae (gliders
29and striped possums) or any member of the species Mustela furo
30(domestic ferrets) or Cavia porcellus (domestic guinea pigs) or

1any domestic animal as that term is defined in 18 Pa.C.S. § 5511
2(relating to cruelty to animals).

3"Exotic wildlife dealer." Any person who:

4(1) imports into this Commonwealth, possesses, buys,
5sells, locates or finds for a fee, barters, donates, gives
6away or otherwise disposes of [more than one bird or one
7animal classified as] exotic wildlife [by this subchapter.]; 
8and

9(2) engages in at least five documented transactions
10annually involving exotic wildlife.

11"Menagerie." Any place where [one or more] wild birds or
12wild animals, [or one or more] including exotic wildlife, or ten 
13or more birds or animals which have similar characteristics and
14appearance to birds or animals wild by nature, are kept in
15captivity for the evident purpose of public exhibition with [or
16without] charge.

17Section 2. Sections 2963 and 2964(c) and (d) of Title 34 are
18amended to read:

19§ 2963. Exotic wildlife possession permits.

20(a) Authorization.--[The] Subject to the provisions of 
21subsection (a.1), the commission may issue permits to persons to
22possess exotic wildlife which shall authorize the holder to
23purchase, receive or possess exotic wildlife from any lawful
24source from within or without this Commonwealth.

25(a.1) Prohibition.--

26(1) On and after January 1, 2014, the commission shall
27not issue any new permits authorized under subsection (a) for
28the possession of exotic wildlife, and may only issue permits
29as set forth in sections 2962 (relating to exotic wildlife
30dealer permits) and 2964 (relating to menagerie permits).

1(2) Permits issued under subsection (a) prior to
2December 31, 2013, may only authorize the continued
3possession, after December 31, 2013, of the individual exotic
4wildlife identified in the permit, provided that, after the
5effective date of this subsection, no permits for possession,
6purchase or receipt of exotic wildlife may be issued to any
7person who has been convicted of or fined for an offense
8involving the abuse or neglect or any animal pursuant to any
9Federal, State or local law.

10(3) The provisions of paragraph (1) shall not apply to a
11wildlife sanctuary that:

12(i) The commission has designated as a facility to
13operate as a nonprofit place of refuge to provide
14temporary or lifetime shelter, care and protection for
15abused, neglected, unwanted, impounded, orphaned or
16displaced wildlife under section 2902(c) (relating to
17general categories of permits).

18(ii) Is accredited by the Global Federation of
19Animal Sanctuaries.

20(iii) Does not conduct any commercial activity with
21respect to exotic wildlife, including, but not limited
22to:

23(A) sale, trade, auction, lease or loan of
24exotic wildlife or parts of such animals; or

25(B) use of exotic wildlife in any manner in a
26for-profit business or operation.

27(iv) Does not use exotic wildlife for entertainment
28purposes or in a traveling exhibit.

29(v) Does not breed any exotic wildlife.

30(vi) Does not allow members of the public the

1opportunity to come into direct contact with exotic
2wildlife.

3(vii) Does not allow members of the public to feed
4exotic wildlife.

5[(b) Shelter, care and protection.--No permit provided for
6in this section shall be granted until the commission is
7satisfied that the provisions for housing and caring for such
8exotic wildlife and for protecting the public are proper and
9adequate and in accordance with the standards established by the
10commission.]

11(c) Unlawful acts.--It is unlawful for any person to:

12(1) [Possess, purchase or receive exotic wildlife,] Keep 
13exotic wildlife in captivity, have exotic wildlife in the 
14person's custody or control or purchase or receive exotic 
15wildlife without first securing a permit [to possess exotic
16wildlife issued under this section or regulations pertaining
17to this section.] issued by the commission as set forth in 
18this section or sections 2962 and 2964.

19(2) [Release] Violate any of the provisions of this 
20section or release exotic wildlife into the wild.

21(3) Fail to exercise due care in safeguarding the public
22from attack by exotic wildlife.

23(4) Recklessly engage in conduct which places or may
24place another person in danger of attack by exotic wildlife.

25(d) Penalty.--

26(1) A violation of this section relating to [permits is
27a summary offense of the third degree] unlawful release of 
28exotic wildlife is a misdemeanor.

29(2) Any other violation of this section is a summary
30offense of the [fifth] first degree.

1(3) Each day of violation shall constitute a separate
2offense[, but under no circumstances shall the accumulated
3penalty for purposes of a field receipt exceed $300. There
4shall be no limit on any accumulated penalty a court may
5assess].

6(4) A second or subsequent conviction within a seven-
7year period for a violation of subsection (c)(1) or (2) is a
8misdemeanor.

9[(e) Discretion of director.--In addition to the penalties
10provided, the director may, for any violation of this section,
11revoke or suspend any permit and order the disposal of any
12exotic wildlife held.]

13§ 2964. Menagerie permits.

14* * *

15(c) Unlawful acts.--It is unlawful to:

16(1) Keep any wild bird or wild animal in captivity for
17public exhibition, or to have any wild bird or wild animal in
18custody or control for such purpose, without first securing a
19permit issued by the commission.

20(2) Violate any of the provisions of this section or to
21release any bird or animal into the wild.

22(3) Fail to exercise due care in safeguarding the public
23from attack by exotic wildlife.

24(4) Recklessly engage in conduct which places or may
25place another person in danger of attack by exotic wildlife.

26(5) Allow members of the public the opportunity to come
27into direct contact with exotic wildlife.

28(d) Penalty.--

29(1) A violation of this section relating to permits or
30regulations adopted thereunder is a summary offense of the

1second degree.

2(1.1) A violation of this section relating to unlawful
3release of exotic wildlife is a misdemeanor.

4(2) Any other violation of this section is a summary
5offense of the seventh degree.

6(3) Each day of violation shall constitute a separate
7offense, but, under no circumstances, shall the accumulated
8penalty for purposes of a field receipt exceed $300. There
9shall be no limit on any accumulated penalty a court may
10assess.

11* * *

12Section 3. This act shall take effect in 60 days.