A bill

 

TO AMEND THE SOUTH CAROLINA CODE of laws BY AMENDING CHAPTER 2 OF TITLE 47 RELATING TO THE POSSESSION OF LARGE WILD CATS, NON-NATIVE BEARS, AND GREAT APES, SO AS TO INCLUDE REFERENCES TO PRIMATEs and to LIMIT THE POSSESSION AND ACQUISITION OF COVERED ANIMALS, AMONG OTHER THINGS.

 

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

 

SECTION 1.  Chapter 2, Title 47 of the S.C. Code is amended to read:

 

CHAPTER 2

 

Large Wild Cats, Non-Native Bears and Great ApesPrimates

 

    Section 47-2-10. As contained in this chapter:

    (1) "Animal control authority" means the agency designated by a city or county to administer ordinances regulating, restricting, or prohibiting the possession of large wild cats, non-native bears, and great apescovered animals. The animal control agency may be a municipal or county animal control agency, county sheriff, or other designated agency.

    (2) "Large wild cat, non-native bear and great ape" "Covered animal" means one of the following types of animals of the order Carnivora or Primate, and any hybrids of these animals:

       (a) Family Felidae, Genus panthera-all lions, tigers, leopards, jaguars, cougars, cheetahs, snow leopards, and clouded leopards;

       (b) Family Ursidae-all bears that are not native to South Carolina and not subject to oversight by the South Carolina Department of Natural Resources; and

       (c) Family Hominidae-all great apes;  to include all species of chimpanzees, gorillas, and orangutansOrder Primate - all primates, except humans.

    (3) "Person" means any individual, partnership, corporation, organization, trade, or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any employee, agent, or representative of the entity.

    (4) "Possessor" means any person who owns, possesses, keeps, harbors, brings into the State, acts as a custodian of, or has custody or control of, a large wild cat, non-native bear, or great apecovered animal.

    (5) "Great Ape" means all animals in the family Hominidae of the order Primate, to include all species of chimpanzees, gorillas, and orangutans.

 

    Section 47-2-20. (A) The provisions of this chapter do not apply to:

       (1) duly incorporated nonprofit animal protection organizations, such as humane societies and shelters, housing a large wild cat, non-native bear or great apecovered animal temporarily at the written request of the animal control authority or acting under the authority of this chapter;

       (2) federal or state wildlife enforcement officers acting under the scope of their authority;

       (3) animal control or law enforcement agencies or officers acting under the authority of this chapter;

       (4) veterinary hospitals, clinics, veterinarians, and persons employed at such facilities under the direction of a veterinarian who are actively treating a large wild cat, non-native bear, or great apecovered animal in their professional capacity as a veterinarian or employee of such facility;

       (5) a university, college, laboratory, or other research facility holding a Class R registration under the Animal Welfare Act, 7 U.S.C. Section 2131, et seq., as amended;

       (6) any person who possesses a valid United States Department of Agriculture Class A, B, or C license in good standing and is in compliance with the United States Department of Agriculture Animal Welfare Act regulations and standards as of January 1, 2018 or, with respect the primates that are not great apes, as of January 1, 2026. This person may keep and acquire new large wild cats, non-native bears, or great apescovered animals;

       (7) any person who obtains a valid United States Department of Agriculture Class A, B, or C license and is in compliance with the United States Department of Agriculture Animal Welfare Act regulations and standards after January 1, 2018, but before January 1, 2026, may keep and acquire large wild cats, non-native bears, or great apes after that date covered animals of the family Felidae, Genus panthera, family Ursidae, or family Hominidae, and must comply with the applicable provisions of this chapter;

       (8) circuses that are incorporated and hold a Class C license under the Animal Welfare Act, 7 U.S.C. Section 2131, et seq., as amended, that are temporarily in this State, and that offer performances by live animals, clowns, and acrobats for public entertainment; and

       (9) an intermediate handler, as defined by the Animal Welfare Act, 7 U.S.C. Section 2136, et seq., acting as a registered agent for a USDA license, pursuant to the Captive Wildlife Safety Act, shall be permitted to transport regulated species through this State, provided the animal is at all times maintained within a confinement sufficient to prevent the animal from escaping; and

       (10) any person who obtains a valid United State Department of Agriculture Class C license and is in compliance with the United States Department of Agriculture Animal Wildlife Welfare Act regulations and standards after January 1, 2026, may keep and acquire covered animals, and must comply with the applicable provisions of this chapter.

 

    Section 47-2-30. (A) Except as otherwise provided in this chapter, it is unlawful for a person to import into, possess, keep, purchase, have custody or control of, breed, transfer, or sell within this State, by any means, a large wild cat, non-native bear, or great apecovered animal, including transactions conducted via the Internet.

    (B) A person in legal possession of a large wild cat, non-native bear, or great apecovered animal prior to January 1, 2018 or, with respect to primates that are not great apes, prior to January 1, 2026, and who is the legal possessor of the animal, may keep possession of the animal for the remainder of the animal's life, subject to the following conditions:

       (1) on or before January 1, 2018, or, with respect to primates that are not great apes, on or before January 1, 2026, the possessor of a large wild cat, non-native bear, or great apecovered animal shall register with the animal control authority for the city or county in which the animal is located. The registration shall include the person's name, address, telephone number, a complete inventory of each large wild cat, non-native bear, or great apecovered animal that the person possesses, a photograph or microchip number for each animal, the address for the site at which each animal is located, and the payment to the animal control authority of a one-time fee of five hundred dollars per site at which a large wild cat, non-native bear, or great apecovered animal is to be located, and an annual fee of one hundred dollars per large wild cat, non-native bear, or great apecovered animal located at that site to cover the costs of enforcement of this chapter. A possessor shall have a continuing obligation to promptly notify the animal control authority with jurisdiction of any material changes to the information required for registration;

       (2) the possessor shall prepare and submit to the animal control authority at the time of payment of the fee required by item (1) a contingency plan to protect first responders by providing for the quick and safe recapture of the large wild cat, non-native bear, or great apecovered animal in the event of an escape;

       (3) the possessor shall maintain veterinary records, acquisition papers for the animal, or other documents or records that establish that the person possessed the animal prior to January 1, 2018, or, with respect to primates that are not great apes, prior to January 1, 2026;

       (4) the possessor shall present paperwork described in item (3) to an animal control or law enforcement authority upon request;

       (5) the possessor shall comply with the basic standards for housing exotic animals and protecting the public under the federal Animal Welfare Act, 7 U.S.C. Section 2131, et seq., as amended, and the regulations adopted pursuant to that act, and shall allow the animal control authority access to the animal's housing in order to ensure that the animal is properly cared for and poses no risk of unauthorized contact with the public;

       (6) the possessor shall notify the animal control authority, the local sheriff's department, and police department, if applicable, immediately upon discovery that the large wild cat, non-native bear, or great ape has escaped. The possessor of the animal shall be liable for any and all costs associated with the escape, capture, and disposition of a registered animal; and

       (7) the possessor shall comply with any and all applicable federal, state, or local law, rule, regulation, ordinance, permit, or other permission regarding ownership of large wild cats, non-native bears, and great apes covered animals. Failure to comply with any law, rule, regulation, ordinance, permit, or other permission constitutes a violation of this chapter.

       (8) The possessor shall not allow direct contact between the public and a covered animal; and

       (9) the possessor shall notify the animal control authority at least seventy-two hours prior to the sale or transfer of a covered animal, identifying the recipient of the animal.

    (C) A person described in subsection (B) may not acquire additional covered animals after January 1, 2026, whether by purchase, donation, or breeding.

 

    Section 47-2-40. (A) An animal control authority or other person authorized to enforce the provisions of this chapter may confiscate a large wild cat, non-native bear, or great apecovered animal when:

       (1) the animal control authority or other person designated under this chapter has probable cause to believe that the large wild cat, non-native bear, or great apecovered animal was acquired or is being held in contravention of this chapter;

       (2) the large wild cat, non-native bear, or great apecovered animal poses an immediate, imminent danger to the health and safety of the public; or

       (3) the large wild cat, non-native bear, or great apecovered animal is in imminent danger of loss of life as a result of the action or inaction of the possessor as determined by a veterinarian.

    (B) A large wild cat, non-native bear, or great apecovered animal that is confiscated under this section must be returned to the possessor if the animal control authority or law enforcement officer establishes that the possessor had legal possession of the animal pursuant to this chapter, the return does not pose a public safety or health risk, and the animal is determined not to be in poor health and condition as a result of the action or inaction of the possessor.

    (C) The animal control authority or other persons authorized to enforce this chapter shall serve notice upon the possessor in person or by regular and certified mail, return receipt requested, notifying the possessor of the confiscation, that the possessor is responsible for payment of reasonable costs for caring and providing for the animal during the confiscation and that the possessor must meet the requirements of subsection (B) in order for the animal to be returned to the possessor.

    (D) If a large wild cat, non-native bear, or great apecovered animal that is confiscated under this section is not returned to the possessor, the animal control authority or other persons designated under this chapter shall release the animal to a facility exempted pursuant to this chapter or an out-of-state facilitythat holds a valid United States Department of Agriculture Class C license in good standing or to a duly incorporated nonprofit animal protection organization as described in Section 47-2-20.

    (E) If a large wild cat, non-native bear, or great apecovered animal escapes or is released and poses an immediate threat to public safety, the animal control authority or other persons designated under this chapter may exercise judgment in attempting to recapture, contain, or destroy the animal.

 

    Section 47-2-50. A city or county may adopt an ordinance governing large wild cat, non-native bear, or great apecovered animals that is more restrictive than this chapter. However, nothing in this chapter requires a city or county to adopt an ordinance to be in compliance with this chapter.

 

    Section 47-2-60. (A) The animal control authority and its staff and agents, local law enforcement agents, state law enforcement agents, and county sheriffs are authorized and empowered to enforce the provisions of this chapter.

    (B) The possessor of a large wild cat, non-native bear, or great apecovered animal, at all reasonable times, shall allow the animal control authority or other persons designated by this chapter to enter the premises where the animal is being kept to ensure compliance with this chapter.

 

    Section 47-2-70. A person who violates this chapter must be fined not more than one thousand dollars or imprisoned for not more than thirty days for a first offense, and must be fined not more than five thousand dollars or imprisoned for not more than ninety days for a second offense.

 

SECTION 2.  If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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