SB66 By Senator Ward RFD Judiciary Rd 1 02-FEB-16

SYNOPSIS: Under existing law, it is illegal to own, maintain, sell, or trade any canidae or felidae for which there is no USDA licensed rabies vaccine.

This bill would include in the authorized vaccines that can be used an FDA approved rabies vaccine.

This bill would make it illegal to possess, sell, transfer, or breed any large felidae, defined as a tiger, lion, leopard, snow leopard, clouded leopard, jaguar, cheetah, or cougar, or any wolf, or hybrid thereof, with certain exceptions.

This bill would allow persons who lawfully possessed a large felidae or wolf prior to the effective date of this act to keep the animal under certain conditions.

This bill would authorize a local governing body to adopt registration fees based on the number of large felidaes or wolves owned and require payment of these registration fees annually.

This bill would provide penalties.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

Relating to animals; to amend Section 3-8-1 of the Code of Alabama 1975, relating to required rabies vaccines for canidae or felidae, to further provide for the authorized rabies vaccines that can be used; to add Section 3-8-2 to the Code of Alabama 1975, to make it illegal to possess, sell, transfer, or breed any living large felidae, as defined, or wolf, or hybrid thereof, with exceptions; to authorize a local governing body to adopt annual registration fees for large felidaes or wolves, under certain conditions; to provide penalties; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 3-8-1 of the Code of Alabama 1975, is amended to read as follows:

§3-8-1.

"Notwithstanding any provision of law to the contrary, it shall be illegal to own, maintain, sell, or trade any canidae or felidae for which there is no USDA licensed or FDA approved rabies vaccine. Anyone currently owning or maintaining such animal may keep the animal for the length of the animal's life providing the animal is spayed or neutered and is registered with the Department of Agriculture and Industries. This section does not apply to any zoological parks, circuses, colleges, and universities, animal refuges approved by the Department of Agriculture and Industries, county or municipal humane shelters, the Department of Conservation and Natural Resources, or veterinary clinics."

Section 2. Section 3-8-2 is added to the Code of Alabama 1975, to read as follows:

(a) For the purposes of this section, the following terms shall have the following meanings:

(1) LARGE FELIDAE. A tiger, lion, leopard, snow leopard, clouded leopard, jaguar, cheetah, or cougar. The term includes a hybrid large felidae.

(2) WOLF. The term includes a hybrid wolf.

(b) Notwithstanding Section 3-8-1, or any other law to the contrary, unless exempted by subsections (c) or (d), it shall be illegal to possess, sell, transfer, or breed any living large felidae or wolf.

(c) Subsection (b) may not apply to any of the following:

(1) A research facility, as defined in the Animal Welfare Act, 7 U.S.C. Section 2132(e).

(2) A nonprofit wildlife sanctuary that meets all of the following criteria:

a. Operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced animals are provided care for the lifetime of the animal.

b. Does not conduct any commercial activity with respect to large felidaes or wolves, including, but not limited to, the sale, trade, auction, lease, or loan of large felidaes or wolves or parts of large felidaes or wolves or uses large felidaes or wolves in any manner in a for-profit business or operation.

c. Does not allow direct contact between the public and large felidaes or wolves.

d. Does not use large felidaes or wolves for entertainment purposes or in a traveling exhibit.

e. Does not breed large felidaes or wolves.

(3) A duly incorporated nonprofit animal protection organization, such as a humane society or shelter, temporarily housing a large felidae or wolf at the written request of law enforcement, including any county sheriff, police officer, animal control agent appointed pursuant to Sections 3-1-13 or 13A-11-242, or any warden deputized pursuant to Section 9-11-5, acting under the authority of this subsection.

(4) A licensed veterinary hospital, for the purpose of providing treatment to a large felidae or wolf.

(5) A law enforcement officer, as defined by subsection (c)(3), for purposes of enforcement.

(6) A Class C exhibitor licensed by the USDA, including, but not limited to, zoological parks and circuses, provided that the licensed exhibitor meets all of the following criteria:

a. Has not been or has not employed a person who has been convicted of or fined for an offense involving the abuse or neglect of any animal pursuant to any local, state, or federal law.

b. Has not had a license or permit regarding the care, possession, exhibition, propagation, or sale of animals revoked or suspended by any local, state, or federal agency, has not received any official notices of warnings or entered into any stipulations, consent decrees, or settlements with the USDA within the last five years, and has disclosed any known pending investigations that are being conducted by the USDA.

c. Has not allowed direct contact between the public and large felidaes or wolves.

d. Maintains liability insurance in an amount of not less than two hundred fifty thousand dollars ($250,000).

e. Has a written plan that is made available to local law enforcement and state agencies, upon request, for the quick and safe recapture or destruction of a large felidae or a wolf in the event a large felidae or wolf escapes, including, but not limited to, written protocols for training staff on methods of safe recapture of the escaped large felidae or wolf.

(7) A person temporarily transporting a legally owned large felidae or wolf through the state if the transit time is not more than 24 hours, the large felidae or wolf is not exhibited, and the large felidae or wolf is maintained at all times in a species-appropriate cage or travel container. The person transporting the large felidae or wolf shall provide notice of the transport to local law enforcement at least 72 hours prior to entering the state, identifying the number and type of large felidaes or wolves that will be transported, in addition to obtaining any veterinary certificate or other permits required by local, state, or federal law.

(d) Subsection (b) does not apply to a person who lawfully possesses a large felidae or wolf prior to the effective date of this act, if the person meets all of the following criteria:

(1) The person maintained veterinary records, acquisition papers, or other documents or records that the person or entity possessed the animal prior to the effective date of this act.

(2) The person has not acquired additional large felidaes or wolves after the effective date of this act, whether by purchase, donation, or breeding.

(3) The person has not been convicted of an offense involving the abuse or neglect of any animal pursuant to local, state, or federal law.

(4) The person has not had a license or permit regarding the care, possession, exhibition, breeding, or sale of animals revoked or suspended by any local, state, or federal agency.

(5) The person has developed and is prepared to implement a disaster plan, maintains a current animal inventory, and makes the plan and list available to law enforcement, upon request.

(6) The person has registered with and paid the registration fee to his or her local law enforcement agency by January 1, 2017, and annually thereafter, indicating the number of animals each of large felidaes and wolves in his or her possession, and the person has shown proof of liability insurance in an amount of not less than two hundred fifty thousand dollars ($250,000). For the purposes of this subdivision, the term "local law enforcement agency" means the municipal police department if a municipality has a police department or the county sheriff's office in all other cases.

(7) At least 72 hours prior to the sale or relocation of an existing large felidae or wolf, the person has notified local law enforcement, identifying the recipient of the animal. At all times, possession, sale, transfer, and transport of the large felidae or wolf shall conform with all applicable local, state, and federal laws.

(e) This act is in addition to, and not in lieu of, any other laws protecting animal welfare. This act is not intended, and should not be construed, to limit any other state law or rule protecting the welfare of animals. Nothing in this act shall be construed to prohibit a local governing body from adopting or enforcing any rule or law that places further restrictions or additional requirements on the possession, sale, transfer, or breeding of large felidae or wolves.

(f) A local governing body may adopt annual registration fees based on the number of large felidaes or wolves a person possesses on January 1, 2017.

(g) Any law enforcement officer, as defined by subsection (c)(3), with or without warrant, may arrest any person who violates this act in his or her presence or view and may execute any warrant or other process issued by any officer or court of competent jurisdiction and, with a search warrant or as incident to a lawful arrest, may search for and seize any large felidae or wolf possessed in violation of this section or any regulations issued thereunder.

(h) A violation of subsection (b) is a Class A misdemeanor.

Section 3. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Animals

Crimes and Offenses

Misdemeanors

Veterinarians

Law Enforcement

Code Added

Code Amended