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-   -   West Virginia state law issues (https://www.faunaclassifieds.com/forums/showthread.php?t=22405)

zooherper 03-10-2014 11:20 AM

I've read, and re-read this proposed law. It makes such little sense. It bans big cats, but not hyenas. It bans alligators and caimen, but not crocodiles. It bans rear-fanged colubrids--the majority of which aren't medically significant--but it's ok to have a death stalker scorpion! The majority of my collection are rear-fanged colubrids--I have western, eastern, and southern hognose; southern ring neck snakes, mussurana, false water cobras, and ornate flying snakes! To go a step further, they listed "Colubridae" as a banned family? Sure, they said "rear fanged", but without even generic specifications (Heterodon, for instance), the way it reads us that ALL colubrids are rear-fanged, and as such, banned. Gaaah! It really grinds my gears that our legislators will try to regulate the pet trade but not industrial chemical storage facilities, which leads to thousands of West Virginians without water!!! Fools! I let Governor Tomblin know that I believe he should veto this bill. Please urge others to do the same.

deedeeiam 03-10-2014 01:43 PM

Quote:

Originally Posted by bcr229 (Post 1694317)
Apparently you can't even buy such a policy unless you've got some sort of business as a circus, licensed wildlife rehabber, zoo, etc. It's also not something most homeowner's policies can add on either.

Yeah, I'm waiting for State Farm to get back with me. I have their extra insurance (500k) for dog bite liability, but the language on that is really broad - simply referring to "animal injury" and not specifically a "dog" injury. So I'm wondering if it might be included under that. We'll see.

The way it reads, there is no exemption for our crazy, snake-handling churches. Hopefully, one of them will file a suit stating it infringes on their religious freedoms. I'd like to see the bill ruled unconstitutional more than seeing it vetoed. If it gets vetoed, we'll be exactly where we are next year. If it's ruled unconstitutional, they'll end up rewriting the bill entirely.

bcr229 03-10-2014 03:12 PM

Quote:

Originally Posted by deedeeiam (Post 1694344)
Yeah, I'm waiting for State Farm to get back with me. I have their extra insurance (500k) for dog bite liability, but the language on that is really broad - simply referring to "animal injury" and not specifically a "dog" injury. So I'm wondering if it might be included under that. We'll see.

Ugh, start googling that, you end up with more results for ambulance-racing scum-sucking bottom feeding personal injury attorneys than you do insurance providers.

Quote:

The way it reads, there is no exemption for our crazy, snake-handling churches. Hopefully, one of them will file a suit stating it infringes on their religious freedoms. I'd like to see the bill ruled unconstitutional more than seeing it vetoed. If it gets vetoed, we'll be exactly where we are next year. If it's ruled unconstitutional, they'll end up rewriting the bill entirely.
Or the law will be unenforceable for anyone claiming they keep exotics for religious reasons. I don't want to be one of those venomous snake-handling nutjobs though. I'd be much happier as a Wiccan.

deedeeiam 03-10-2014 03:29 PM

They won't put in a religious exemption in something like this, because then it would open the door for non-religious people to scream favoritism. So, usually something like this would be ruled constitutional or not.

Let's not forget...we'll also need to chip all of our critters...and we have a 3 day waiting period before we can move animals out of the state. It just...makes my head hurt.

MonkeyShuttle 03-10-2014 05:10 PM

Sorry guys :(


Sent from my iPhone using Tapatalk

bcr229 03-13-2014 11:41 PM

WV DNR Reacts to Exotic Animal Measure
 
March 13, 2014
WV DNR Reacts to Exotic Animal Measure

by Whitney Burdette
Daily Mail staff

CHARLESTON, W.Va. -- A bill that has yet to be signed into law has already affected at least one wildlife education program.

West Virginia Division of Natural Resources Master Naturalist program officials are concerned about House Bill 4393, which creates the Dangerous Wild Animals Act.

The bill creates a three-person board to designate what animals are wild.

People who already have the animals would be grandfathered in, but anyone buying new ones would be subject to licenses and fees.

Also, the animals can't be handled by anyone any person besides the owner, which means students in Larry Cartmill's reptiles and amphibians class won't be able get up close and personal with exotic and native snakes.

"Larry is one of those gifted teachers who is passionate and inspirational about his subject," said Jim Waggy with the Master Naturalist program. "By bringing live snakes and turtles into his Master Naturalist presentations, as well as when he speaks to other groups, he is able to spark interest and excitement in a way PowerPoint presentations just can't do."

Cartmill, a university professor who has taught in public schools, has given hundreds or thousands of snakes and reptile lectures over the years.

"I work with school groups and scouts and whitewater guides, anybody who wants a lecture on snake bites, snake species or anything with kids," Cartmill said. "That's what I've done for 40 years."

But now he has to get rid of some of his snakes.

His collection includes king snake and ball python species. Those snakes, however, are small and won't get longer than 6 feet — the size limit established by the new law.

Although the snakes are under the legal limit, Cartmill can't afford to keep them.

"I have to take out, and I've seen two figures, $100,000 or $300,000 of liability insurance," Cartmill said. "I can't afford that. That's $1,000 a month. I can't afford that."

If Cartmill keeps his snakes, he would have to get permits for each of them. He said that's hard to do in because people often breed or sell their snakes.

Cartmill argues exotic snakes — large pythons, king cobras — couldn't live in West Virginia's climate anyway. And, he said, they're not dangerous.

He said there have only been six snakebite deaths in the state since 1900, all of which happened in church.

Religious snakehandlers are exempt from the new law.

"No one has ever been killed by a boa constrictor," Cartmill said. "They don't get that big or mean. That's the favorite snake of every kid who wants to buy a pet snake. Some kids have allergies to cats or dogs so mom buys them a snake."

Coordinators of the Master Naturalist program tried to get university scientists involved while lawmakers were crafting the bill.

They argue the bill's language was unclear and affects many more people and animals than lawmakers realize.

"If legislators had accepted the offer of university professionals and experienced experts like Larry to address this legislation, then the language could have been precise enough to address the narrow, rare problem without having this draconian impact on so many people for no good reason," Waggy said.

Cartmill said he's not opposed to a permitting system for large exotic animals like big cats. But he doesn't see a reason to criminalize snake owners.

The Legislature passed the bill last week. It's now awaiting Gov. Earl Ray Tomblin's signature or veto.

"I hope the governor vetoes (the bill) and then I would be very willing to work with any legislator that would want to work on a bill for next year that was not as vague and that was written with a little more common sense. I'm not totally opposed to a permit system or some restriction," Cartmill said.

"But my primary interest is in reptiles," he said. "I'm not a lion person or a bear person and I'm not speaking for them. I'm speaking for the reptile community. I don't see a reason for all the little boys I know out there with a pet boa to have to give up their pet."

Cartmill estimates about 30,000 West Virginians own reptiles. He said he's in the process of finding new places for some of his snakes that are restricted by the bill.

"I will have to find a home for them," Cartmill said. "If this goes into law, I can't abide by the restrictions on that. I'll have to get rid of them.

"It's a blow to education," he added. "It really is."

deedeeiam 03-13-2014 11:57 PM

I saw on the Facebook group that they had talked to Cartmill, but I hadn't seen the article yet since I don't read those papers. Thanks. I wish Cartmill and DNR would have been more forthcoming before the votes and actually talked at the legislature.

The special session is wrapping up, so I suspect the Governor will sign and veto the standing bills by Monday.

MonkeyShuttle 03-18-2014 09:44 PM

Update?

bcr229 03-18-2014 11:05 PM

There are a few more days left for the governor to veto the law before it goes into effect without his signature. Word is the office is watching the for/against numbers from people in the state closely, so if you're in WV or know anyone who is, please keep calling.

MonkeyShuttle 03-18-2014 11:08 PM

Rog!!!


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