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.

1The definition is applicable whether or not the birds or animals
2were bred or reared in captivity or imported from another state
3or nation.] all nonindigenous animals and the following, 
4regardless of whether the animals are bred or reared in 
5captivity or imported from another nation or state:

6(1) All members of the order Primates (nonhuman
7primates).

8(2) All members of the family Ursidae (bears).

9(3) All members of the species:

10(i) Canis latrans (coyotes).

11(ii) Canis lupus (gray wolves).

12(iii) Canis rufus (red wolves).

13(iv) Felis rufus (bobcats).

14(v) Panthera leo (lions).

15(vi) Panthera tigris (tigers).

16(vii) Panthera pardus (leopards).

17(viii) Panthera uncia (snow leopards).

18(ix) Neofelis nebulosa (clouded leopards).

19(x) Panthera onca (jaguars).

20(xi) Acinonyx jubatus (cheetahs).

21(xii) Felis concolor (cougars).

22(xiii) Any crossbreed of the animals specified in
23this paragraph.

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

1(domestic ferrets) or Cavia porcellus (domestic guinea pigs) or
2any domestic animal as that term is defined in 18 Pa.C.S. § 5511
3(relating to cruelty to animals).

4"Exotic wildlife dealer." Any person who:

5(1) imports into this Commonwealth, possesses, buys,
6sells, locates or finds for a fee, barters, donates, gives
7away or otherwise disposes of [more than one bird or one
8animal classified as] exotic wildlife [by this subchapter.]; 
9and

10(2) engages in at least five documented transactions
11annually involving exotic wildlife.

12"Menagerie." Any place where [one or more] wild birds or
13wild animals, [or one or more] including exotic wildlife, or ten 
14or more birds or animals which have similar characteristics and
15appearance to birds or animals wild by nature, are kept in
16captivity for the evident purpose of public exhibition with [or
17without] charge.

18Section 2. Sections 2963 and 2964(c) and (d) of Title 34 are
19amended to read:

20§ 2963. Exotic wildlife possession permits.

21(a) Authorization.--[The] Subject to the provisions of 
22subsection (a.1), the commission may issue permits to persons to
23possess exotic wildlife which shall authorize the holder to
24purchase, receive or possess exotic wildlife from any lawful
25source from within or without this Commonwealth.

26(a.1) Prohibition.--

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

1dealer permits) and 2964 (relating to menagerie permits).

2(2) Permits issued under subsection (a) prior to
3December 31, 2013, may only authorize the continued
4possession, after December 31, 2013, of the individual exotic
5wildlife identified in the permit, provided that, after the
6effective date of this subsection, no permits for possession,
7purchase or receipt of exotic wildlife may be issued to any
8person who has been convicted of or fined for an offense
9involving the abuse or neglect or any animal pursuant to any
10Federal, State or local law.

11(3) The provisions of paragraph (1) shall not apply to a
12wildlife sanctuary that:

13(i) The commission has designated as a facility to
14operate as a nonprofit place of refuge to provide
15temporary or lifetime shelter, care and protection for
16abused, neglected, unwanted, impounded, orphaned or
17displaced wildlife under section 2902(c) (relating to
18general categories of permits).

19(ii) Is accredited by the Global Federation of
20Animal Sanctuaries.

21(iii) Does not conduct any commercial activity with
22respect to exotic wildlife, including, but not limited
23to:

24(A) sale, trade, auction, lease or loan of
25exotic wildlife or parts of such animals; or

26(B) use of exotic wildlife in any manner in a
27for-profit business or operation.

28(iv) Does not use exotic wildlife for entertainment
29purposes or in a traveling exhibit.

30(v) Does not breed any exotic wildlife.

1(vi) Does not allow members of the public the
2opportunity to come into direct contact with exotic
3wildlife.

4(vii) Does not allow members of the public to feed
5exotic wildlife.

6[(b) Shelter, care and protection.--No permit provided for
7in this section shall be granted until the commission is
8satisfied that the provisions for housing and caring for such
9exotic wildlife and for protecting the public are proper and
10adequate and in accordance with the standards established by the
11commission.]

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

13(1) [Possess, purchase or receive exotic wildlife,] Keep 
14exotic wildlife in captivity, have exotic wildlife in the 
15person's custody or control or purchase or receive exotic 
16wildlife without first securing a permit [to possess exotic
17wildlife issued under this section or regulations pertaining
18to this section.] issued by the commission as set forth in 
19this section or sections 2962 and 2964.

20(2) [Release] Violate any of the provisions of this 
21section or release exotic wildlife 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(d) Penalty.--

27(1) A violation of this section relating to [permits is
28a summary offense of the third degree] unlawful release of 
29exotic wildlife is a misdemeanor.

30(2) Any other violation of this section is a summary

1offense of the [fifth] first degree.

2(3) Each day of violation shall constitute a separate
3offense[, but under no circumstances shall the accumulated
4penalty for purposes of a field receipt exceed $300. There
5shall be no limit on any accumulated penalty a court may
6assess].

7(4) A second or subsequent conviction within a seven-
8year period for a violation of subsection (c)(1) or (2) is a
9misdemeanor <-of the first degree.

10[(e) Discretion of director.--In addition to the penalties
11provided, the director may, for any violation of this section,
12revoke or suspend any permit and order the disposal of any
13exotic wildlife held.]

14§ 2964. Menagerie permits.

15* * *

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

17(1) Keep any wild bird or wild animal in captivity for
18public exhibition, or to have any wild bird or wild animal in
19custody or control for such purpose, without first securing a
20permit issued by the commission.

21(2) Violate any of the provisions of this section or to
22release any bird or animal into the wild.

23(3) Fail to exercise due care in safeguarding the public
24from attack by exotic wildlife.

25(4) Recklessly engage in conduct which places or may
26place another person in danger of attack by exotic wildlife.

27(5) Allow members of the public the opportunity to come
28into direct contact with exotic wildlife.

29(d) Penalty.--

30(1) A violation of this section relating to permits or

1regulations adopted thereunder is a summary offense of the
2second degree.

3(1.1) A violation of this section relating to unlawful
4release of exotic wildlife is a misdemeanor.

5(2) Any other violation of this section is a summary
6offense of the seventh degree.

7(3) Each day of violation shall constitute a separate
8offense<-[, but, under no circumstances, shall the accumulated
9penalty for purposes of a field receipt exceed $300. There
10shall be no limit on any accumulated penalty a court may
11assess<-].

<-12(4) A second or subsequent conviction with a seven-year
13period for a violation of subsection (c) is a misdemeanor of
14the first degree.

15* * *

16Section 3. This act shall take effect in 60 days.