HB 1151-S2.E - DIGEST

(AS OF HOUSE 2ND READING 2/13/04)

Provides that a person may not own, possess, keep, harbor, bring into the state, or have custody or control of a dangerous or potentially dangerous wild animal unless that person holds a personal possession permit for that animal issued by an animal control authority.

Provides that a person shall not breed a potentially dangerous wild animal.

Provides that a person in legal possession of a potentially dangerous wild animal prior to the effective date of this act and who is the legal possessor of the animal may keep possession of the animal until July 1, 2009. The person must maintain veterinary records, acquisition papers for the animal, if available, or other documents or records that establish that the person possessed the animal prior to the effective date of this act. The person shall have the burden of proving that he or she possessed the animal prior to the effective date of this act.

Authorizes a person who possesses a potentially dangerous wild animal as allowed under this act to, prior to July 1, 2009, apply to the animal control authority for permission to maintain possession of the animal after July 1, 2009. The animal control authority may allow the possessor to maintain possession of the animal for a time period determined by the animal control authority and under conditions specified by the animal control authority.

Provides that the animal control authority shall not unreasonably deny permission for a person to maintain possession of a potentially dangerous wild animal after July 1, 2009, if the person has proper documentation establishing that the potentially dangerous wild animal was lawfully possessed by the person prior to the effective date of this act.

Requires the animal control authority to immediately confiscate a potentially dangerous wild animal if: (1) The animal is possessed after July 1, 2009, and the possessor has not been granted permission to maintain possession after July 1, 2009; or

(2) The animal control authority has probable cause to believe that the animal was acquired after the effective date of this act in violation of this act.

Authorizes an animal control authority to euthanize a potentially dangerous wild animal under this section only if all other reasonable placement options, including relocation to a wildlife sanctuary, zoo, or aquarium, are unavailable.

Authorizes a city or county to adopt an ordinance governing potentially dangerous wild animals that is more restrictive than this chapter. However, nothing in this act requires a city or county to adopt an ordinance to be in compliance with this act.

Provides that a person who acquires possession of a potentially dangerous wild animal after the effective date of this act, or who possesses a potentially dangerous wild animal after July 1, 2009, in violation of this act, is liable for a civil penalty of not less than two hundred dollars and not more than two thousand dollars for each animal with respect to which there is a violation and for each day the violation continues.

Declares that the animal control authority and its staff and agents, local law enforcement agents, and county sheriffs are authorized and empowered to enforce the provisions of this chapter.