H 4218 General Bill, By Kirsh, Bales and Wylie
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17
 TO TITLE 50 SO AS TO PROVIDE FOR THE REGULATION OF VENOMOUS REPTILES,
 CONSTRICTING SNAKES, AND CROCODILIANS, INCLUDING SPECIFICATIONS FOR HOUSING
 AND TRANSPORTATION ENCLOSURES, WRITTEN BITE, SAFETY, AND ESCAPE PROTOCOLS; LAW
 ENFORCEMENT PROCEDURES; REQUIREMENTS TO DETERMINE IF A REPTILE IS REGULATED
 UNDER THIS CHAPTER AND FOR MAKING FINAL DISPOSITIONS OF THESE REPTILES;
 ACTIVITIES NOT SUBJECT TO REGULATION UNDER THIS CHAPTER; CRIMINAL PENALTIES
 FOR VIOLATIONS; AND TO PROVIDE THAT CERTAIN CONDUCT CONSTITUTES RECKLESS
 DISREGARD FOR THE SAFETY OF OTHERS AND SUBJECTS VIOLATORS TO PUNITIVE DAMAGES
 IN CIVIL ACTIONS.

   11/17/09  House  Prefiled
   11/17/09  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
   01/12/10  House  Introduced and read first time HJ-33
   01/12/10  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-34

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17 TO TITLE 50 SO AS TO PROVIDE FOR THE REGULATION OF VENOMOUS REPTILES, CONSTRICTING SNAKES, AND CROCODILIANS, INCLUDING SPECIFICATIONS FOR HOUSING AND TRANSPORTATION ENCLOSURES, WRITTEN BITE, SAFETY, AND ESCAPE PROTOCOLS; LAW ENFORCEMENT PROCEDURES; REQUIREMENTS TO DETERMINE IF A REPTILE IS REGULATED UNDER THIS CHAPTER AND FOR MAKING FINAL DISPOSITIONS OF THESE REPTILES; ACTIVITIES NOT SUBJECT TO REGULATION UNDER THIS CHAPTER; CRIMINAL PENALTIES FOR VIOLATIONS; AND TO PROVIDE THAT CERTAIN CONDUCT CONSTITUTES RECKLESS DISREGARD FOR THE SAFETY OF OTHERS AND SUBJECTS VIOLATORS TO PUNITIVE DAMAGES IN CIVIL ACTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Title 50 of the 1976 Code is amended by adding:

Section 50-17-10.    The intentional or negligent exposure of other human beings to unsafe contact with venomous reptiles, large constricting snakes, or crocodilians is essentially dangerous, injurious and detrimental to public health, safety, and welfare and is declared to be a public nuisance and a criminal offense, to be abated and punished as provided for in this chapter.

Section 50-17-20.    As used in this chapter:

(1)    'Reptile' means a venomous reptile, large constricting snake, and crocodilian.

(2)    'Venomous reptile' means a snake or lizard capable of spreading a chemical or biological substance dangerous to humans by spitting, biting or secretion from a gland.

(3)    'Constricting snake' means:

(a)    reticulated python, python reticulatus;

(b)    Burmese python, python molurus;

(c)    African rock python, python sebae;

(d)    Amethystine python, Morelia amethistina;

(e)    green anaconda, eunectes murinus; and

(f)    any subspecies or hybrids of items (a) through (e).

(4)    'Crocodilian' means any of various reptiles of the order crocodylia, including alligators, crocodiles, caimans, and gavials. For purposes of this chapter 'crocodilian' does not include the American alligator (American Mississippiensis).

Section 50-17-30.    (A)    It is unlawful for a person to handle a reptile regulated under this chapter in a manner that intentionally or negligently exposes another person to unsafe contact with the reptile.

(B) It is unlawful for a person intentionally or negligently to suggest, entice, invite, challenge, intimidate, exhort, or otherwise induce or aid a person to handle or expose himself in an unsafe manner to a reptile regulated under this chapter.

(C)    It is not unlawful to engage in the safe and responsible handling of reptiles for purposes of animal husbandry, exhibition, training, transport, and education.

Section 50-17-40.    (A)(1)    It is unlawful for a person to own, possess, use, transport, or traffic in any venomous reptile that is not housed in a sturdy and secure enclosure.

(2)    Permanent enclosures must be designed to be escape-proof, bite-proof, and have an operable lock. Transport containers must be designed to be escape-proof and bite-proof.

(3)    Each enclosure clearly and visibly must be labeled 'Venomous Reptile Inside' with scientific name, common name, appropriate antivenom, and owner's identifying information noted on the container. A written bite protocol must be within sight of permanent housing and must include emergency contact information, local animal control office contact information, the name and location of suitable antivenom, first aid procedures, treatment guidelines, and an escape recovery plan. A copy of the written bite protocol must accompany the transport of any venomous reptile.

(B)    If an escape of a venomous reptile occurs, the owner or possessor of the venomous reptile immediately shall notify local law enforcement.

Section 50-17-50.    (A)(1)    It is unlawful for a person to own, possess, use, transport, or traffic in any large constricting snake that is not housed in a sturdy and secure enclosure.

(2)    Permanent enclosures must be designed to be escape-proof and must have an operable lock. Transport containers must be designed to be escape-proof.

(3)    Each enclosure clearly and visibly must be labeled with the scientific name, common name, number of specimens, and owner's identifying information. A written safety protocol and escape recovery plan must be within sight of permanent housing, and a copy of this protocol must accompany the transport of any large constricting snake. The safety protocol must include emergency contact information, local animal control office contact information, and first aid procedures.

(4)    If an escape of a large constricting snake occurs, the owner or possessor immediately shall notify local law enforcement.

Section 50-17-60.    (A)(1)    It is unlawful for a person to own, possess, use, transport, or traffic in any crocodilian that is not housed in a sturdy and secure enclosure.

(2)    Permanent enclosures must be designed to be escape-proof and have a fence of sufficient strength to prevent contact between an observer and the crocodilian and must have an operable lock. Transport containers must be designed to be escape-proof.

(3)    A written safety protocol and escape recovery plan must be within sight of permanent housing, and a copy of this protocol must accompany the transport of any crocodilian.

(B)    If an escape of a crocodilian occurs, the owner or possessor immediately shall notify local law enforcement.

Section 50-17-70.    It is unlawful for a person intentionally to release into the wild a nonnative venomous reptile, a large constricting snake, or a crocodilian.

Section 50-17-80.    (A)    If a law enforcement officer or animal control officer has probable cause to believe that a provision of this chapter has been or is about to be violated, the officer immediately shall investigate the violation or impending violation and seize the reptile or reptiles involved and deliver the reptile believed to be venomous or a large constricting snake or crocodilian to the Department of Natural Resources or its designated representative for examination for the purpose of ascertaining whether the reptile is regulated under this chapter.

(B)    If the Department of Natural Resources or its designated representative finds that a seized reptile is a reptile regulated under this chapter, the department or its designated representative shall determine final disposition of the reptile in a manner consistent with the safety of the public.

(C)    If the department or its designated representative finds that the reptile is not a reptile regulated under this chapter, and no criminal warrants or indictments are initiated in connection with the reptile within ten days of the initial seizure, or if a court of law determines that the reptile is not being owned, possessed, used, transported, or trafficked in violation of this chapter, the law enforcement officer within fifteen days shall return the reptile or reptiles to the person from whom they were seized.

Section 50-17-90.    If an examination made by the Department of Natural Resources or its designated representative conducted pursuant to this chapter shows that the reptile is a reptile regulated under this chapter, the officer, making the seizure with probable cause to believe that the reptile is being owned, possessed, used, transported, or trafficked in violation of this chapter, shall arrest all persons violating any provision of this chapter.

Section 50-17-100.    This chapter does not apply to the possession, exhibition, or handling of reptiles by employees or agents of licensed veterinarians, zoos, serpentariums, museums, laboratories, educational or scientific institutions, public and private, in the course of their educational or scientific work or to employees or agents of the Department of Natural Resources who are engaging in conduct within the scope of their authority.

Section 50-17-110.    (A)    Except as provided for in subsections (B) and (C), a person violating a provision of this chapter is guilty of a misdemeanor and upon conviction must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(B)    A person who violates Section 50-17-70 is guilty of a misdemeanor and must be fined not more than twenty-five hundred dollars or imprisoned not more than six months.

(C)    If a person, other than the owner of a reptile regulated under this chapter, the owner's agent, employee, or a member of the owner's immediate family, suffers a life threatening injury or is killed as the result of a violation of this chapter, the owner of the reptile is guilty of a misdemeanor and upon conviction must be fined not more than five thousand dollars or imprisoned not more than one year or both.

Section 50-17-120.    A violation of this chapter pursuant to Section 50-17-110(B) or (C) constitutes reckless disregard for the safety of others and subjects the violator to punitive damages in any civil action that may be brought as a result of the violator's actions.

Section 50-17-130.    Civil or criminal liability imposed on a person for a violation of this chapter does not apply to a violation that resulted from:

(1)    an act of God;

(2)    war;

(3)    other catastrophe; or

(4)    an act or omission of a third party, who is not an employee or agent of the defendant or in a contractual relationship, directly or indirectly, with the defendant, that the defendant could not have prevented or avoided by exercise of proper care and due diligence."

SECTION    2.    This act takes effect upon approval by the Governor.