WEST VIRGINIA LEGISLATURE

2023 REGULAR SESSION

Introduced

House Bill 2783

By Delegates Chiarelli, Foster and Brooks

[Introduced January 18, 2023; Referred to the Committee on Agriculture and Natural Resources then Government Organization]

A BILL to amend and reenact §19-34-5 of the Code of West Virginia, 1931, as amended, relating to exempting primates from the Dangerous Wild Animal Board’s list of animals to be classified as dangerous wild animals.

Be it enacted by the Legislature of West Virginia:

ARTICLE 34. Dangerous Wild Animals ACT.

§19-34-5. Dangerous Wild Animal Board; composition; duties.

(a) The Dangerous Wild Animal Board is hereby established with the following members: The Commissioner of the Department of Agriculture, the Secretary of the Department of Health and Human Resources and the Director of the Division of Natural Resources, or their designees. The board shall develop a comprehensive list of dangerous wild animals pursuant to the rule-making authority of this article.

(b) The Commissioner of Agriculture shall serve as the chair, the Secretary of the Department of Health and Human Resources as the vice chair and the Director of the Division of Natural Resources shall serve as the secretary of the board. The Department of Agriculture shall provide necessary staff and support services to the board as needed.

(c) The board shall:

(1) Establish minimum caging or enclosure requirements for various dangerous wild animals;

(2) Create a comprehensive list of dangerous wild animals, excluding wildlife, livestock and domestic animals as defined herein. The list may include, but not be limited to:

(A) Bears;

(B) Big cats;

(C) Canids;

(D) Primates

(E) (D) Constrictor snakes greater than six feet, and venomous snakes; and

(F) (E) Alligators and caimans;

(3) Enforce the permit requirements and set the fees for permits;

(4) Issue, renew, revoke and maintain records for dangerous wild animal permits;

(5) Annually review the list of prohibited dangerous wild animals to determine if animals should be added or subtracted from the list; and

(6) Address any other issues required by this article.

NOTE: The purpose of this bill is to exempt primates from the Dangerous Wild Animal Review Board’s list of animals classified as dangerous wild animals.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.