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Oklahoma Legislature· SB 2172Coauthored by Representative Cantrell (principal House author)

An act relating to animals, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                            STATE OF OKLAHOMA

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2                  2nd Session of the 60th Legislature (2026)

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3 SENATE BILL 2172               By: Pederson
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7                            AS INTRODUCED

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8   An Act relating to animals; defining terms;

8   prohibiting the possession, sale, transfer, and

9   breeding of primates; providing for certain

9   exemptions; providing enforcement procedures;

10  authorizing seizure and forfeiture; providing

10  penalties; allowing for local regulation; providing

11  for codification; and providing an effective date.

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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16  SECTION 1.      NEW LAW  A new section of law to be codified

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17 in the Oklahoma Statutes as Section 7-802 of Title 29, unless there
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18 is created a duplication in numbering, reads as follows:
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19  A. As used in this section:

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20  1. "Animal control authority" means an entity acting alone or

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21 in concert with other local governmental units or political
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22 subdivisions for enforcement of the animal control laws of the city,
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23 county, other political subdivision, or state or for the shelter and
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24 welfare of animals;
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    Req. No. 2782                                               Page 1
1   2. "Law enforcement officer" means any animal control officer,

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2 animal cruelty investigator, local enforcement officer such as a
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3 county sheriff or municipal police officer, state police officer,
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4 public prosecutor, or game warden or other agent or employee of the
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5 Department of Wildlife Conservation charged with enforcing the laws
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6 of this title;
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7   3. "Primate" means any species of the taxonomic order Primates,

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8 except humans; and
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9   4. "Primate sanctuary" means a nonprofit entity that:

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10  a. operates a place of refuge where an abused, neglected,

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11                 unwanted, impounded, abandoned, orphaned, or displaced

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12                 animal is provided care for the lifetime of the

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13                 animal,

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14  b. does not conduct any commercial activity with respect

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15                 to primates, including, but not limited to, sale,

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16                 trade, auction, loan, or lease of primates or their

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17                 parts, or use of primates in any manner in a for-

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18                 profit business or operation,

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19  c. does not allow direct contact between the public and

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20                 primates,

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21  d. does not use primates for entertainment purposes or in

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22                 traveling exhibits, and

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23  e. does not breed any primates.

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    Req. No. 2782                                          Page 2
1   B. It shall be unlawful for any person to possess, sell,

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2 transfer, or breed a primate.
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3   C. The prohibitions in subsection B of this section shall not

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4 apply to:
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5   1. Research facilities, as defined in the federal Animal

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6 Welfare Act, 7 U.S.C., Section 2132(e);
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7   2. Primate sanctuaries;

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8   3. Public animal shelters or duly incorporated nonprofit animal

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9 protection organizations, such as humane societies and shelters,
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10 temporarily housing a primate at the written request of law
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11 enforcement officers acting under the authority of this section;
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12  4. Licensed veterinary hospitals for the purpose of providing

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13 treatment to a primate;
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14  5. Law enforcement officers for purposes of law enforcement;

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15  6. A properly maintained zoological park or circus that holds a

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16 Class C exhibitor license under the federal Animal Welfare Act in
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17 good standing; provided, such entity shall:
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18  a. not have been, or employ any person who has been,

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19                 convicted of or fined for an offense involving the

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20                 abuse or neglect of any animal pursuant to any state,

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21                 local, or federal law,

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22  b. not have had a license or permit regarding the care,

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23                 possession, exhibition, breeding, or sale of any

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24                 animal revoked or suspended by any state, local, or

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    Req. No. 2782                                               Page 3
1                  federal agency, and shall not have entered into any

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2                  stipulations, consent decrees, or settlements with the

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3                  United States Department of Agriculture within the

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4                  past three (3) years and shall disclose any known

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5                  pending investigations that are being conducted by the

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6                  United States Department of Agriculture,

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7   c. not have been cited by the United States Department of

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8                  Agriculture under the federal Animal Welfare Act, 7

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9                  U.S.C., Section 2131 et seq., for any noncompliant

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10                 item within the past three (3) years for any violation

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11                 for failure to allow facility inspection or

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12                 interference with a facility inspection,

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13  d. maintain liability insurance in an amount not less

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14                 than Two Hundred Fifty Thousand Dollars ($250,000.00)

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15                 for each occurrence of property damage, bodily injury,

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16                 or death caused by any primate possessed by the

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17                 entity, and

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18  e. have a written plan, filed with the local animal

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19                 control authority, for the quick and safe recapture or

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20                 destruction of any primate in the event a primate

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21                 escapes, including, but not limited to, written

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22                 protocols for training staff on methods of safe

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23                 recapture of the escaped primate; or

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    Req. No. 2782                                               Page 4
1   7. A person temporarily transporting a legally owned primate

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2 through this state if the transit time is not more than twenty-four
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3 (24) hours, the primate is not exhibited, and the primate is
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4 maintained at all times in a species-appropriate cage or travel
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5 container.
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6   D. The prohibitions in subsection B of this section shall not

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7 apply to persons who lawfully possessed a primate prior to the
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8 effective date of this act, provided that such person shall:
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9   1. Maintain veterinary records, acquisition papers, or other

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10 documents or records that establish that the person possessed the
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11 animal prior to the effective date of this act;
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12  2. Not acquire additional primates after the effective date of

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13 this act, whether by purchase, donation, or breeding;
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14  3. Not have been convicted of an offense involving the abuse or

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15 neglect of any animal pursuant to any state, local, or federal law;
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16  4. Not have had a license or permit regarding the care,

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17 possession, exhibition, breeding, or sale of animals revoked or
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18 suspended by any state, local, or federal agency;
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19  5. Develop and be prepared to implement escape, succession, and

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20 disaster plans and maintain a current animal inventory, to be made
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21 available to law enforcement officers upon request;
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22  6. Have sufficient training to provide species-specific care to

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23 the primate;
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    Req. No. 2782                                         Page 5
1   7. Register with, and pay a registration fee of Twenty Dollars

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2 ($20.00) to, the local animal control authority by May 1, 2027, and
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3 annually thereafter, indicating the number of animals of each
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4 primate species in his or her possession, and showing proof of
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5 liability insurance in an amount not less than Two Hundred Fifty
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6 Thousand Dollars ($250,000.00), for each occurrence of property
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7 damage, bodily injury, or death caused by any primate possessed by
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8 the person; and
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9   8. Notify the local animal control authority at least seventy-

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10 two (72) hours prior to sale or transfer of an existing primate,
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11 identifying the recipient of the animal. At all times, possession,
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12 sale, transfer, and transport of the primate shall conform with all
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13 applicable state, local, and federal laws.
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14  E. The provisions of this section shall be enforced by any

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15 state law enforcement officer or any other law enforcement officer
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16 in whose jurisdiction the violation occurs, or any animal control
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17 authority for the jurisdiction in which the violation occurs.
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18  F. 1. A law enforcement officer may, after obtaining a warrant

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19 from any judge or magistrate upon probable cause, seize or impound
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20 any primate possessed, sold, transferred, bred, or exhibited in
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21 violation of this section. Such primates shall be immediately
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22 placed in the custody and control of a primate sanctuary, a
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23 temporary holding facility as provided in paragraph 3 of subsection
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24 C of this section, or a properly maintained zoological park as
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    Req. No. 2782                              Page 6
1 described in paragraph 6 of subsection C of this section. If there
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2 is no immediate threat to public safety or animal welfare, law
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3 enforcement officers may impound the primate in place.
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4   2. Upon seizing or impounding a primate, a law enforcement

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5 officer shall petition the district court in the locality where the
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6 primate was seized or impounded for a hearing to determine whether
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7 the primate was in fact possessed, sold, transferred, or bred in
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8 violation of this section. The hearing shall be held not more than
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9 ten (10) business days from the date of the seizure or impoundment,
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10 and the law enforcement officer shall provide written notice of the
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11 hearing at least five (5) days prior to the hearing to the person
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12 from whom the primate was seized or impounded.
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13  3. Upon judicial determination of a violation of any provision

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14 of this section, the seized or impounded primate may be deemed
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15 forfeited and the court may order the violator to pay all reasonable
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16 expenses incurred in caring and providing for the primate, from the
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17 time the primate is seized until the time such primate is forfeited
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18 to the zoological park, primate sanctuary, or temporary holding
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19 facility in possession of the primate. The court may also prohibit
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20 the possession or ownership of primates or other exotic animals by
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21 the person found to have violated this section.
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22  4. A forfeited primate shall be transferred to a properly

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23 maintained zoological park as described in paragraph 6 of subsection
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24 C of this section or a primate sanctuary that is willing and able to
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    Req. No. 2782                                         Page 7
1 take custody of the forfeited primate. Nothing in this section
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2 shall be construed to prevent law enforcement officers from humanely
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3 euthanizing a primate in compliance with state and federal law if,
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4 after reasonable efforts, no such institution is willing and able to
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5 provide long-term care for the primate.
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6   5. Nothing in this section shall be construed to prevent the

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7 voluntary permanent relinquishment of any primate by its owner to a
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8 person legally able to possess the primate and willing and able to
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9 take possession. Voluntary relinquishment shall have no effect on
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10 any criminal charges for violations of this section.
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11  6. Any primate found to be not properly confined, whether on

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12 the property of the owner or running at large, may be humanely
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13 destroyed by law enforcement officers in order to protect public
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14 safety. The owner of such primate will be liable for costs accrued
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15 to law enforcement officers in humanely euthanizing or otherwise
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16 securing any such primate.
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17  G. A person who violates any provision of this section shall,

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18 upon conviction, be guilty of a misdemeanor and shall be punished by
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19 a fine not less than Five Hundred Dollars ($500.00) nor more than
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20 Two Thousand Dollars ($2,000.00).
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21  H. Nothing in this section shall be construed to prohibit a

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22 city or county or other local governmental unit or political
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23 subdivision from adopting or enforcing any rule or law that places
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    Req. No. 2782                                        Page 8
1 further restrictions or additional requirements on the possession,
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2 sale, transfer, or breeding of primates.
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3   SECTION 2. This act shall become effective November 1, 2026.

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5   60-2-2782      YG  1/15/2026 2:15:45 PM

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    Req. No. 2782                            Page 9
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