HCS HB 426 -- LARGE CARNIVORE ACT

SPONSOR:  Loehner (Sutherland)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Agriculture Policy by a vote of 10 to 2.

This substitute establishes the Large Carnivore Act which
prohibits any person from owning, breeding, possessing,
transferring ownership, or transporting a large carnivore unless
he or she has a permit.  "Large carnivore" is defined as any cat
of the Felidae family that is nonnative to this state held in
captivity excluding any common domestic or house cat or any
species of bear that is nonnative to this state and held in
captivity.  The Division of Animal Health within the Department
of Agriculture is required to implement and enforce the
provisions of the substitute and to identify and register a list
of available qualified veterinarians who have applied and been
approved to be included in the registry.  Approved veterinarians
are to have experience in handling, anesthetizing, and managing
husbandry and medical and surgical issues regarding large
carnivores.  Certain requirements regarding the care and control
of a large carnivore will be verified and affirmed by a qualified
veterinarian by sworn affidavit on a form provided by the
department at intervals established by the department.  The
department may, as necessary or upon complaint, verify the
veterinarian's findings.  Any qualified veterinarian who submits
a false affidavit will be guilty of a class B misdemeanor.

Any person who owns or possesses a large carnivore is liable in a
civil action for the death or injury of a human or another animal
and for any property damage caused by the large carnivore.  If a
large carnivore escapes or is released intentionally or
unintentionally, the owner is required to immediately notify law
enforcement and is liable for all expenses associated with the
efforts to recapture the large carnivore.  Beginning January 1,
2011, as a condition of being permitted to own a large carnivore,
the owner is required to show proof of having liability insurance
in an amount of not less than $250,000 and annually provide
verification to the department that the insurance is being
maintained.  Applications for a permit are to be accompanied by a
fee not to exceed $2,500 for each large carnivore with an annual
renewal fee of not to exceed $500 as established by the
department for enforcing the provisions of the substitute.

Requirements for the confinement, handling, sanitation, feeding,
transporting, identification, veterinary care, seizure, and
euthanasia of large carnivores are specified.  The requirements
are in addition to any applicable state or federal law and do not
preclude any local political subdivision from adopting more
restrictive laws.  Certain entities, law enforcement officers,
animal control officers, veterinarians, and department employees
are exempt from the substitute.

Any person violating the provisions of the substitute will be
guilty of a class A misdemeanor.  Any person who intentionally
releases a large carnivore will be guilty of a class D felony.
Violators may also be required to do community service work or
lose the privilege of owning a large carnivore.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that Missouri is one of several
states that does not regulate or ban private individuals from
owning large carnivores.  Currently, owners of exotic animals
must report to local law enforcement that an exotic animal is
being kept on their premises, but very few jurisdictions are
aware of the requirement.  The bill locates and inventories large
carnivores, requires adequate care be provided by the owner,
places civil liability on the owner, requires a bond be
maintained, and helps ensure the safety of all Missouri
residents.

Testifying for the bill were Representative Sutherland; Steve
Bircher, St. Louis Zoo; and Missouri Alliance for Animal
Legislation.

OPPONENTS:  Those who oppose the bill say that large carnivores
are already covered by six federal acts.  The bill does not
distinguish between smaller and larger carnivores, is
unenforceable, and punishes good owners by attempting to
regulating bad owners.

Testifying against the bill was J.B. Anderson, Feline
Conservation Federation.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am