A proposed law to strictly regulate ownership and keeping of many animals deemed "wild" or "exotic" is under consideration by the West Virginia Legislature. The bill, SB 477, was proposed on Feb. 1, passed the state senate on Feb. 14, and was placed on a special calendar earlier today after a series of committee hearings. The legislative session ends tomorrow, and the bill's lead sponsor, Senate President Jeff Kessler, believes SB 477 will pass before the session ends.

The Charleston Daily Mail reported Kessler as saying he "introduced the legislation in reaction to the bizarre story of Terry Thompson, a Zanesville, Ohio, man who last year released over 50 tigers, lions, monkeys, leopards, bears and other exotic animals into his community before killing himself."

The bill has been criticized by some West Viriginians for not including a list of animals affected by the legislation, which contains very broad language defining "wild" and "exotic" animals, including birds and reptiles, and could potentially apply to unsocial pet or feral cats. Additionally, the bill calls for lists of "wild" and "exotic" animals, as well as "domestic animals" to be created after the bill is passed, making it difficult for citizens to judge whether the bill will apply to their pets.

In the article in the Daily Mail, Kessler told Rhonda Kelly, a woman concerned about her pet marmosets (a primate weighing around half a pound), not to worry:

"This is for big huge animals, mostly. Lions, tigers and bears. If they're big enough to rip your face off, those are the kind of things that probably ought not to be running around."

Kessler said Kelly should not be concerned: Marmosets likely won't make the list of restricted animals.

"I'm not even sure it would be considered a dangerous animal," Kessler said.

However, the language in the currently proposed bill reads far more broadly than that:

"Domestic animal", or the plural, means an animal which, through extremely long association with humans, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species, and includes animals that have been bred as companion animals and pets. A comprehensive list of "domestic animals" shall be set forth by the division, in consultation with the department and the bureau, pursuant to the rulemaking authority of this article(.)

[....]

"Wild and exotic animals", "animals", or the singular mean mammals, birds, reptiles, amphibians and fresh-water fish, including hybrids thereof, that are dangerous to humans, other animals and the environment due to their inherent nature. "Wildlife", as defined by section two, article one of this chapter, "agricultural animals", as defined in section two, article ten-b and section two, article twenty-nine, chapter nineteen of this code, and "domestic animals", as defined herein, are excluded. A comprehensive list of "wild and exotic animals" shall be set forth by the division, in consultation with the department and the bureau, pursuant to the rule-making authority of this article(.)

The bill's progress can be tracked on the West Virginia State Legislature website.

Photo: Rhonda Kelly with marmoset, from Daily Mail article.