H.R. 5909 (109th): Haley’s Act

109th Congress, 2005–2006. Text as of Jul 26, 2006 (Introduced).

Status & Summary | PDF | Source: GPO

I

109th CONGRESS

2d Session

H. R. 5909

IN THE HOUSE OF REPRESENTATIVES

July 26, 2006

(for himself, Mr. Tiahrt, Mr. Moran of Kansas, and Mr. Moore of Kansas) introduced the following bill; which was referred to the Committee on Agriculture

A BILL

To promote public safety and improve the welfare of captive big cats, and for other purposes.

1.

Short title

This Act may be cited as Haley’s Act.

2.

Big cats

(a)

Definitions

Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by adding at the end the following new subsections:

(p)

The term big cat means any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species.

(q)

The term direct contact means any situation in which an individual may potentially touch or otherwise come into physical contact with any live specimen of a species.

.

(b)

Applicability of state law

Section 3 of such Act (7 U.S.C. 2133) is amended by adding at the end the following: The Secretary may deny or revoke a license based on a recommendation from the appropriate State or local officials with jurisdiction over captive wildlife.

(c)

Public safety

Section 13(a)(2) of such Act (7 U.S.C. 2143(a)(2)) is amended—

(1)

in subparagraph (A), by striking and at the end;

(2)

in subparagraph (B), by striking the final period and inserting ; and; and

(3)

by adding at the end the following new subparagraph:

(C)

to provide for public safety.

.

(d)

Increased fines

Section 19 of such Act (7 U.S.C. 2149) is amended—

(1)

in subsection (b)—

(A)

in the first sentence, by striking $2,500 and inserting $10,000; and

(B)

in the seventh sentence, by striking $1,500 and inserting $5,000; and

(2)

in subsection (d) in the first sentence, by striking $2,500 and inserting $10,000.

(e)

Prohibition on direct contact with big cats

Such Act is further amended by adding at the end the following new section:

30.

Prohibition on direct contact between public and big cats

(a)

In general

Subject to subsection (b), it shall be unlawful for an exhibitor or dealer licensed by the Secretary under this Act to allow direct contact between a big cat and a member of the public.

(b)

Exception

(1)

In general

Subsection (a) shall not apply to an exhibitor that is a zoo, as determined by the Secretary.

(2)

Consideration of accreditation

In determining whether an exhibitor is a zoo under paragraph (1), the Secretary shall consider—

(A)

whether the exhibitor is accredited by, and in good standing with, the Association of Zoos and Aquariums; and

(B)

whether the exhibitor operates with sufficient regard for public safety.

.

(f)

Regulations

(1)

In general

Not later than 18 months after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations pursuant to section 21 of the Animal Welfare Act (7 U.S.C. 2151) to implement the amendments made by this Act.

(2)

Restriction on licenses

(A)

In general

The Secretary of Agriculture may not grant a license under section 3 of such Act to a dealer or exhibitor that possesses or intends to possess a big cat until the regulations described in paragraph (1) have been issued.

(B)

Exception

The restriction described in subparagraph (A) shall not apply to the renewal of an existing license.