HB 244

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, under certain conditions

This bill would further provide for the possession of certain canidae or felidae for which there is no USDA licensed rabies vaccine

This bill would make it illegal to intentionally or knowingly possess, sell, transfer, or breed any living large felidae, wolf, or bear, with certain exceptions

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

This bill would provide minimum caging requirements for any large felidae, wolf, or bear, under certain conditions

This bill would provide penalties for violations

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

Relating to animals; to amend Section 3-8-1, Code of Alabama 1975, relating to required rabies vaccines for canidae or felidae; to further provide for the possession of certain canidae or felidae; to add Section 3-8-2 to the Code of Alabama 1975, to make it illegal, with certain exceptions, to intentionally or knowingly possess, sell, transfer, or breed any living large felidae, as defined, wolf, with exceptions, or bear, with exceptions; to allow persons who already lawfully possess a large felidae, wolf, or bear to keep the animal under certain conditions; to provide minimum caging requirements 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.

Section 1

Section 3-8-1, 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 rabies vaccine. Anyone currently owning or maintaining such an 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: §3-8-2. (a) For the purposes of this section, the following terms shall have the following meanings: (1) BEAR. All species of bears, including hybrids thereof, except American black bears (Ursus americanus), that were not bred in captivity. (2) LARGE FELIDAE. A tiger, lion, leopard, snow leopard, clouded leopard, jaguar, cheetah, or cougar. The term includes a hybrid large felidae. (3) WOLF. The term does not include a hybrid wolf. (b) Notwithstanding Section 3-8-1, or any other law to the contrary, unless exempted by subsection (c) or (d), it is unlawful to intentionally or knowingly possess, sell, transfer, or breed any living large felidae, wolf, or bear. (c) Subsection (b) does not apply to any of the following: (1) A Class C exhibitor licensed by the United States Department of Agriculture (USDA), including, but not limited to, zoological parks and circuses, provided that the licensed exhibitor meets all of the following criteria: a. Not have been, nor employ any person who has been, convicted of or fined for an offense involving the abuse or neglect of any animal pursuant to any state, local, or federal law. b. Not have had a license or permit regarding the care, possession, exhibition, propagation, or sale of animals revoked or suspended by any state, local, or federal agency, not have received any official notices of warnings, or entered into any stipulations, consent decrees, or settlements with the USDA within the last five years, and must disclose any known pending investigations that are being conducted by the USDA. c. Not have been cited in an inspection report by the USDA within the past three years for either of the following: 1. A no-access violation. 2. A violation for interfering with an inspection. d. Maintains liability insurance for each occurrence of property damage, bodily injury, or death caused by any large felidae, wolf, or bear owned or possessed by the person. e. Maintains a current animal inventory, has a written plan for the quick and safe recapture or destruction of animals in the event of an escape, including, but not limited to, written protocols for training staff on methods of safe recapture of the escaped animal, has a disaster plan, and makes all of this information available to law enforcement upon request. (2) A research facility, as defined in the Animal Welfare Act, 7 U.S.C. Section 2132(e). (3) 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, wolves, or bears including, but not limited to, the sale, trade, auction, lease, or loan of large felidaes, wolves, or bears or parts of large felidaes, wolves, or bears, or uses large felidaes, wolves, or bears in any manner in a for-profit business or operation. c. Does not allow direct contact between the public and large felidaes, wolves, or bears. d. Does not use large felidaes, wolves, or bears for entertainment purposes or in a traveling exhibit. e. Does not breed, accidently or otherwise, large felidaes, wolves, or bears. (4) A duly incorporated nonprofit animal protection organization, such as a humane society or shelter, temporarily housing a large felidae, wolf, or bear at the written request of law enforcement, including any county sheriff, police officer, animal control agent appointed pursuant to Section 3-1-13 or 13A-11-242, or any warden deputized pursuant to Section 9-11-5, acting under the authority of this section. (5) A licensed veterinary hospital, for the purpose of providing treatment to a large felidae, wolf, or bear. (6) A law enforcement officer, as described in subdivision (4) of subsection (c), for purposes of enforcement. (d) Subsection (b) does not apply to a person who lawfully possesses a large felidae, wolf, or bear prior to the effective date of the act adding this section, if the person meets all of the following criteria: (1) Maintains veterinary records, acquisition papers, or other documents or records that the person or entity possessed the animal prior to the effective date of the act adding this section. (2) Has not acquired additional large felidaes, wolves, or bears after the effective date of the act adding this section, whether by purchase, donation, or breeding. (3) Has not been convicted of an offense involving the abuse or neglect of any animal pursuant to local, state, or federal law. (4) 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) Has developed and is prepared to implement an escape and disaster plan, maintains a current animal inventory list, and makes the plans and list available to law enforcement, upon request. (6) Has shown to his or her local law enforcement agency proof of liability insurance for each occurrence of property damage, bodily injury, or death caused by any dangerous wild animal possessed by the person. 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, wolf, or bear, the person has notified local law enforcement, identifying the recipient of the animal. At all times, possession, sale, transfer, and transport of a large felidae, wolf, or bear shall conform with all applicable local, state, and federal laws. (8) The person owning an existing large felidae, wolf, or bear complies with the following minimum caging standards within one year of the effective date of the act adding this section: a. For all large felidae, wolves, and bears, all of the following shall be required: 1. The caging facility shall have a buffer zone of not less than 35 feet between the caging and the person's property line. 2. The caging shall be bounded by a perimeter fence of not less than eight feet in height, constructed of not less than 11 and one-half gauge chain link or equivalent strength material, and a minimum of three feet from cages holding animals, or other fencing, buildings, or other protection of the enclosure where the animal is kept, sufficiently to deter entry by the public, and also to prevent the escape from the property of any animal that may escape the primary caging. All gates to the perimeter fence shall be locked. 3. All cages and enclosures shall be locked. Animals may not be kept in uncovered enclosures that are less than 1,000 square feet, except as specified by this section. 4. All cages shall be constructed with a den, nest box, or other connected housing unit that can be closed off and locked with the animal inside for the safe servicing and cleaning of the open area. In lieu of a nest box, a divided cage with a divided door between the two compartments may be used. No entry into cages containing large felidae, wolves, or bears shall be allowed without first locking the animal into the den, nest box, or other housing. 5. All cages shall be constructed of chain link or equivalent materials and shall be well braced and securely anchored at or below ground level to prevent the escape of the animal by digging or erosion. Cages shall be constructed using steel clamps, steel ties, or steel braces of equivalent strength as the material required for cage construction. b. For large felidae, all of the following shall be required: 1. For one to two large felidae, the cage shall be not less than 480 square feet and not less than eight feet high. 2. Uncovered outdoor cages for lions and tigers shall be more than 1,000 square feet, shall have vertical jump walls of at least 10 feet high, with a two feet, 45 degree, inward angle overhang, or jump walls of at least 12 feet high without an overhang. Vertical walls shall be constructed with a minimum of nine gauge chain link or equivalent strength material. The inward angle fencing shall be constructed with a minimum 11 and one-half gauge chain link or equivalent strength material. 3. Leopards, cougars, and jaguars may not be kept in uncovered enclosures. Cages containing leopards and jaguars shall be constructed with a minimum of nine gauge chain link or equivalent strength material. Cages containing cougars shall be constructed with a minimum of 11 and one-half gauge chain link or equivalent strength material. 4. Tigers shall have a four feet by six feet pool, two feet deep, or a 100 gallon tub or larger for each tiger in the enclosure. c. For bears, all of the following shall be required: 1. Uncovered outdoor cages for bears shall be more than 1,000 square feet, shall have vertical jump walls of at least 10 feet high with a four feet, 45 degree inward angle overhang. Vertical walls shall be constructed with a minimum of nine gauge chain link or equivalent strength material. Inward angle overhang shall be constructed of 11 and one-half gauge chain link or equivalent strength material. 2. All cages for bears shall be furnished with den boxes, elevated platforms that will accommodate all bears simultaneously, devices to provide stimulation or manipulation compatible with the species, including, but not limited to, boxes, balls, barrels, drums, and foraging items, and several logs for clawing or climbing. 3. Bears shall have a four feet by six feet pool, two feet deep, or a 100 gallon tub or larger for each bear in the enclosure. d. For wolves, all of the following shall be required: 1. For one to two wolves, the cage shall be not less than 288 square feet and not less than eight feet high with concrete flooring or buried wire mesh to prevent escaping by digging. 2. Uncovered outdoor cages for wolves shall be over 1,000 square feet, shall have vertical jump walls of at least eight feet high with a 45 degree inward angle overhang that is two feet wide, or jump walls of at least 10 feet high without an overhang. Vertical walls shall be constructed with a minimum of 11 and one-half gauge chain link or equivalent strength material. 3. All cages for wolves shall contain den boxes and elevated platforms that will accommodate all of the wolves in the enclosure simultaneously, several logs, protected shelf areas at no more than one foot above ground level, gnawing items, including, but not limited to, tree branches, boxes, balls, bones, barrels, drums, and rawhide, and pools. (e) This section is in addition to, and not in lieu of, any other laws protecting animal welfare. This section is not intended, and may not be construed, to limit any other state law or rule protecting the welfare of animals. Nothing in this section 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, wolves, or bears. (f) Any law enforcement officer, as described in subdivision (4) of subsection (c), with or without a warrant, may arrest any person who violates this section 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, wolf, or bear possessed in violation of this section or any rules issued pursuant to this section. (g) 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.