FIRST REGULAR SESSION

HOUSE BILL NO. 284

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES HUMMEL (Sponsor), MCCANN BEATTY, BUTLER, MEREDITH, SCHARNHORST, WEBB, RIZZO, MONTECILLO, COLONA, ELLINGER AND ENGLISH (Co-sponsors).

0971L.01I D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To repeal sections 578.600, 578.602, 578.604, 578.606, 578.610, 578.612, 578.614, 578.620, and 578.622, RSMo, and to enact in lieu thereof twenty-seven new sections relating to possession of exotic animals, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 578.600, 578.602, 578.604, 578.606, 578.610, 578.612, 578.614, 578.620, and 578.622, RSMo, are repealed and twenty-seven new sections enacted in lieu thereof, to be known as sections 578.600, 578.602, 578.604, 578.606, 578.610, 578.612, 578.613, 578.614, 578.620, 578.700, 578.703, 578.704, 578.706, 578.709, 578.712, 578.715, 578.718, 578.721, 578.724, 578.727, 578.730, 578.734, 578.736, 578.737, 578.739, 578.742, and 578.745, to read as follows:

578.600. 1. Sections 578.600 to 578.624 shall be known and may be cited as the "Large Carnivore Act".

2. As used in sections 578.600 to 578.624, the following terms mean:

(1) "Circus", an incorporated, class C licensee that is licensed under Chapter I of Title 9 of the Code of Federal Regulations that is temporarily in this state, and that offers skilled performances by live animals, clowns, and acrobats for public entertainment;

(2) "Department", the Missouri department of agriculture;

(3) "Director", the director of the Missouri department of agriculture;

(4) "Division", the division of animal health of the Missouri department of agriculture;

[(4)] (5) "Facility", an indoor or outdoor cage, pen, or similar enclosure where a large carnivore is kept;

[(5) "Humane killing", the same meaning as such term is defined in section 578.005;]

(6) "Large carnivore", either of the following:

(a) Any of the following large cats of the Felidae family that are nonnative to this state held in captivity: tiger, lion, jaguar, leopard, snow leopard, [clouded leopard,] and cheetah, including a hybrid cross with such cat, but excluding any unlisted nonnative cat, or any common domestic or house cat; or

(b) A bear of a species that is nonnative to this state and held in captivity;

(7) "Livestock", the same meaning as such term is defined in section 267.565;

(8) "Permit", a permit issued under section 578.602;

(9) "Person", any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof;

(10) "Possessor", any person who owns, possesses, keeps, harbors, brings into the state, has in one's possession, acts as a custodian of, or has custody or control of, a large carnivore;

(11) "Qualified veterinarian", a person licensed to practice veterinary medicine under chapter 340;

(12) "Site", contiguous property on which one or more facilities are located.

578.602. 1. Except as permitted under sections 578.600 to 578.624, no person shall:

(1) Own or possess a large carnivore;

(2) Breed a large carnivore; or

(3) Transfer ownership or possession of or receive a transfer of ownership or possession of a large carnivore, with or without remuneration[; or

(4) Transport a large carnivore].

2. The division shall implement and enforce the provisions of sections 578.600 to 578.624 for the following purposes:

(1) The standardization of ownership[, transport,] and breeding of large carnivores;

(2) Identification and location of large carnivores;

(3) Protection of members of the public from large carnivores; and

(4) Practice best husbandry and health care protocols to ensure the humane and safe treatment of large carnivores on behalf of their physical well-being.

3. Any person possessing[,] or breeding[, or transporting] a large carnivore on or after January 1, 2012, shall apply for and obtain a permit from the division. Any person possessing[,] or breeding[, or transporting] a large carnivore as of January 1, 2012, shall apply for a permit from the division within sixty days of such date. One permit shall be required for each [large carnivore] possessor for each site. Where one possessor keeps more than one large carnivore on the same site, only one permit is needed. If multiple possessors keep large carnivores on the same site, each possessor shall be required to apply for his or her own permit. Any permit so issued by the division shall set forth all of the following:

(1) The name and address of the permit holder and the address [where each large carnivore will be kept] of the site, if different from that of the permit holder;

(2) The number of large carnivores kept by the permit holder on the site;

(3) The identification number [of] required under section 578.604 for each large carnivore [required under section 578.604 for which a permit is sought] that is kept on the site;

[(3)] (4) The name and address of the veterinarian who is expected to provide veterinary care to [the] each large carnivore on the site and, if different, the name and address of the veterinarian [who has inserted the subcutaneous microchip] involved in the identification process required under section 578.604. The selected veterinarian shall [install the microchip] ensure the animal complies with section 578.604, collect an appropriate sample for DNA registration, provide a written summary of the physical examination, and provide a signed health certificate as needed for transport; and

[(4)] (5) Any other reasonable information as determined by the department, including the amount of the permit fee[, not to exceed two thousand five hundred dollars, as set by the division to offset the actual and necessary costs incurred to enforce the provisions of sections 578.600 to 578.624] and the amount of the annual renewal fee, [not to exceed five hundred dollars, for such permits] which shall be set in amounts that allow the department to recover only up to the actual costs of administering and enforcing sections 578.600 to 578.624.

4. [No permit shall be issued to any person under] A person shall be ineligible for a permit under this section if such person:

(1) Is under the age of twenty-one years of age [or who] ;

(2) Has been found guilty of, or pled guilty to, a violation of any state or local law prohibiting neglect or mistreatment of any animal or, within the previous ten years, any felony; or

(3) Does not have a valid license from the United States Department of Agriculture for a large carnivore, if such person is required by federal law to have such license.

5. Any information submitted to the department under this section shall be considered a closed record under chapter 610. A person's status as an applicant under this section or a holder of a permit under sections 578.600 to 578.624 shall be considered confidential and not subject to chapter 610. No disclosure of any information submitted to the department under this section shall be made unless mandated by a court order, except that the department shall cooperate with law enforcement agencies upon any such request by a law enforcement agency.

578.604. The owner of a large carnivore shall [have an identification number placed in the large carnivore via subcutaneous microchip, at the expense of the owner, by or under the supervision of a veterinarian] ensure that the large carnivore has permanent identification. The department shall, by rule, determine acceptable methods for compliance with the provisions of this section.

578.606. 1. Any person who owns, possesses, breeds, or sells a large carnivore shall adhere to all United States Department of Agriculture regulations and standards.

2. [Upon the death of a large carnivore, the owner shall notify the state department of agriculture of such death within ten business days. Such notification shall include the identification number from the animal's subcutaneous microchip.] The department shall keep records of all valid permit holders. A permit holder shall notify the department of any changes to the information on the permit within thirty days of such change, which shall include the death of a large carnivore or the acquisition of a new large carnivore to be located on the site.

578.610. 1. The possessor of a large carnivore shall not allow physical contact between members of the public and the large carnivore except in accordance with rules promulgated by the department.

2. Any person who owns or possesses a large carnivore is liable in a civil action for the death or injury of a human and for property damage, including but not limited to the death or injury of another animal, caused by the large carnivore. Sections 578.600 to 578.624 do not limit the common law liability of the owner of a large carnivore for the death or injury of a human or for property damage caused by the large carnivore.

[2.] 3. Any person who owns or possesses a large carnivore shall maintain proof of financial responsibility for liability damages for destruction of or damage to property and death or bodily injury to a person caused by the large carnivore. Such financial responsibility may be met by any of the following ways:

(1) The maintenance of liability insurance coverage in an amount of not less than [two-hundred] fifty thousand dollars, or an amount determined by rule by the department, for each occurrence of liability;

(2) The acquisition of a surety bond, which shall be conditioned for payments in amounts and under the same circumstances as would be required in a liability insurance policy under subdivision (1) of this subsection; or

(3) The deposit of cash or securities with the state treasurer in an amount as determined by rule by the department, which shall be an amount sufficient to satisfy execution of a judgment against the owner or possessor in similar amounts as would be provided in an insurance policy under subdivision (1) of this subsection. The administration of this provision shall be similar to the administration of cash deposits under section 303.240.

Each person subject to the provisions of this subsection shall provide [verification] proof of financial responsibility to the department on an annual basis [that such liability insurance is being maintained] . Such proof shall consist of a copy of the certificate of insurance, evidence of surety bond, or the certificate of cash deposit issued by the state treasurer.

4. Each possessor shall have a plan for the quick and safe recapture of an escaped or released large carnivore. Any such plan shall include designated capture equipment, location, and lethal and nonlethal options for recapture. The plan shall also include humane euthanasia of the large carnivore if recapture is deemed impossible.

[3.] 5. If a large carnivore escapes or is released, intentionally or unintentionally, the person who owns or possesses the large carnivore shall immediately contact law enforcement to report the loss, escape, or release. The person who owns or possesses the large carnivore is liable for all expenses associated with efforts to recapture the large carnivore that is released or escapes.

6. No person shall intentionally release a large carnivore. If a large carnivore is intentionally released, the person responsible for the release is liable for all expenses associated with efforts to recapture the animal and may be subject to criminal prosecution.

578.612. [A person lawfully in possession of a large carnivore under sections 578.600 to 578.624 shall be required to obtain a permit to transport the large carnivore in a vehicle in compliance with all federal and division requirements applicable to such large carnivores.] 1. If the department finds that an applicant for an original or renewal permit does not meet the requirements under sections 578.600 to 578.624, the department shall deny the applicant a permit and give the applicant written notice of the denial and the reasons for the denial.

2. If the department finds that a person with a valid permit has not complied with sections 578.600 to 578.624, the department may suspend or revoke the permit and give the person written notice of the suspension or revocation and the reasons for the suspension or revocation.

3. The department may revoke a permit issued under sections 578.600 to 578.624 if the holder of the permit pleads guilty to or is found guilty of a violation under section 578.009 or 578.012.

4. A person who is denied a permit, denied a renewal of a permit, or who has had a permit suspended or revoked may appeal the decision to the director no later than fifteen days after the permit was denied, suspended, or revoked. The director shall hold an informal hearing and shall render a decision within sixty days of receiving notice of such appeal. Any decision by the director may be appealed to a court of competent jurisdiction.

578.613. 1. The department, its staff or agents, and law enforcement officers may enforce the provisions of sections 578.600 to 578.624.

2. The possessor of a large carnivore, at all reasonable times, shall allow law enforcement officers and the department's staff or agents to enter the premises where the large carnivore is kept to ensure compliance with sections 578.600 to 578.624.

578.614. 1. [Subject to subsection 2 of this section, any person who violates sections 578.600 to 578.624 is guilty of] A violation of sections 578.600 to 578.624 shall be a class A misdemeanor[. Any person who fails to obtain a permit as required by sections 578.600 to 578.624 is guilty of a class A misdemeanor. Any person who intentionally releases a large carnivore except to the care, custody, and control of another person is guilty of a class D felony] except that a violation of subsection 6 of section 578.610 shall be a class D felony. In addition, a person who violates sections 578.600 to 578.624 may be [punished by] subject to one or more of the following:

(1) Community service work for not more than five hundred hours;

(2) The loss of privileges to own or possess any animal.

2. Subsection 1 of this section does not apply to a law enforcement officer, animal control officer, qualified veterinarian, or department of agriculture employee with respect to the performance of the duties of a law enforcement officer, animal control officer, qualified veterinarian, or department of agriculture employee under sections 578.600 to 578.624.

578.620. [1.] Sections [578.602 and 578.604] 578.600 to 578.624 shall not apply to any of the following:

(1) An animal control shelter or animal protection shelter that is providing temporary care to a large carnivore for ninety days or less and has proper facilities to handle the large carnivore;

(2) A law enforcement officer or department of agriculture employee acting under the authority of sections 578.600 to 578.624;

(3) A veterinarian temporarily in possession of a large carnivore to provide veterinary care for or humanely euthanize the large carnivore;

(4) [A class C licensee that possesses and maintains a class C license under 9 C.F.R. 1.1 that meets the following conditions:

(a) The business is not conducted in connection with another business as a means of attracting customers to such other business;

(b) The class C licensee currently owns or possesses a large carnivore on August 28, 2010; except that, any class C licensee whose license is revoked after August 28, 2010, shall be required to obtain a state permit. For any large carnivore acquired after August 28, 2010, the class C licensee shall obtain a state permit.

2. Sections 578.602 and 578.604 shall not apply to a person who is not a resident of this state and who is in this state only for the purpose of travel between locations outside of this state and is not exhibiting in this state] Persons temporarily transporting a large carnivore through the state if the transit time is not more than seventy-two hours and the animal is at all times maintained within a confinement sufficient to prevent the large carnivore from escaping;

(5) A circus; or

(6) The University of Missouri-Columbia College of Veterinary Medicine.

578.700. 1. Sections 578.700 to 578.745 shall be known and may be cited as the "Nonhuman Primate Act".

2. As used in sections 578.700 to 578.745, the following terms shall mean:

(1) "Circus", an incorporated, class C licensee that is licensed under Chapter I of Title 9 of the Code of Federal Regulations that is temporarily in this state, and that offers skilled performances by live animals, clowns, and acrobats for public entertainment;

(2) "Department", the Missouri department of agriculture;

(3) "Director", the director of the Missouri department of agriculture;

(4) "Facility", an indoor or outdoor cage, pen, or similar enclosure where a nonhuman primate is kept;

(5) "Livestock", the same meaning as such term is defined in section 267.565;

(6) "Nonhuman primate", a baboon or a Nonhuman Great Ape (chimpanzee, orangutan, gorilla), including hybrids thereof;

(7) "Permit", an original or renewal permit issued by the department under sections 578.700 to 578.745;

(8) "Person", any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof;

(9) "Possessor", any person who owns, possesses, keeps, harbors, brings into the state, has in one's possession, acts as a custodian of, or has custody or control of, a nonhuman primate;

(10) "Site", contiguous property on which one or more facilities are located;

(11) "Wildlife sanctuary", a nonprofit organization described in Section 170(b)(1)(A)(vi), Internal Revenue Code 1986, and its subsequent amendments, that:

(a) Operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced animals are provided care for the lifetime of the animal;

(b) Does not conduct any commercial activity with respect to dangerous wild animals, including, but not limited to:

a. Sale, trade, auction, lease, or loan of dangerous wild animals or parts of such animals; or

b. Use of dangerous wild animals in any manner in a for-profit business or operation;

(c) Does not use dangerous wild animals for entertainment purposes or in a traveling exhibit;

(d) Does not breed any dangerous wild animals;

(e) Does not allow members of the public the opportunity to come into contact with dangerous wild animals; and

(f) Is accredited by the Global Federation of Animal Sanctuaries.

578.703. It shall be unlawful for any person to own, possess, keep, harbor, transfer ownership of, bring into the state, have in one's possession, act as a custodian, or have custody or control of a nonhuman primate, except in compliance with sections 578.700 to 578.745 and any United States Department of Agriculture regulation or standard.

578.704. The owner of a nonhuman primate shall ensure that the nonhuman primate has permanent identification. The department shall, by rule, determine acceptable methods for compliance with the provisions of this section. Any owner in possession of a nonhuman primate as of August 28, 2013, shall have up to twelve months after the promulgation of rules in which to comply with the provisions of this section.

578.706. 1. The provisions of sections 578.700 to 578.745 shall not apply to:

(1) An animal control shelter or animal protection shelter that is providing temporary care to a nonhuman primate for ninety days or less and has proper facilities to handle the nonhuman primate;

(2) A law enforcement officer or department of agriculture employee acting under the authority of sections 578.700 to 578.745;

(3) A veterinarian temporarily in possession of a nonhuman primate to provide veterinary care for or humanely euthanize the nonhuman primate;

(4) Wildlife sanctuaries;

(5) A research facility as defined by the Animal Welfare Act, 7 U.S.C. Section 2132, as amended;

(6) Persons temporarily transporting a nonhuman primate through the state if the transit time is not more than seventy-two hours and the animal is at all times maintained within a confinement sufficient to prevent the nonhuman primate from escaping; or

(7) A circus.

2. Notwithstanding the provisions of subsection 1 of this section to the contrary, a wildlife sanctuary under subdivision (4) of subsection 1 of this section shall not be exempt from the provisions of section 578.704.

578.709. 1. A person shall not own, possess, keep, harbor, have in one's possession, act as a custodian, or have custody or control of a nonhuman primate on and after September 1, 2014, unless that person holds a valid permit under sections 578.700 to 578.745.

2. A person shall apply for a permit within thirty days of the acquisition of a nonhuman primate unless such person owned or otherwise had the nonhuman primate in his or her possession as of August 28, 2013, in which case such person shall have until thirty days after September 1, 2014, to apply for a permit. One permit shall be required for each possessor for each site. Where one possessor keeps more than one nonhuman primate on the same site, only one permit is needed. If multiple possessors keep nonhuman primates on the same site, each possessor shall be required to obtain his or her own permit.

578.712. 1. To obtain a permit under section 578.709, a person shall submit an application to the department on forms provided by the department. In addition to any other information the department may deem necessary, the application shall require the following:

(1) The name, address, telephone number, and date of birth of the applicant;

(2) A description of each nonhuman primate possessed by the applicant that is located on the site, including the identification number under section 578.704, scientific name, name, sex, age, color, weight, and any distinguishing marks or coloration that would aid in the identification of the animal;

(3) The exact location where each nonhuman primate on the site is to be kept;

(4) The name, address, and telephone number of the person from whom the applicant obtained each nonhuman primate, if known;

(5) The name, address, and telephone number of the veterinarian providing veterinary care to each nonhuman primate and a certificate of good health from the possessor's veterinarian;

(6) Copies of any federally- or internationally-required permits for each nonhuman primate; and

(7) Proof of the financial responsibility required under subsection 2 of section 578.724.

2. A permit shall be valid for one year and may be renewed. The department shall establish procedures for obtaining a renewal permit.

3. A person shall not be eligible to apply for a permit under this section if he or she is under twenty-one years of age or if he or she has pled guilty to or been found guilty of:

(1) A violation of any state or local law prohibiting neglect or mistreatment of any animal; or

(2) Within the previous ten years, any felony.

4. Any information submitted to the department under this section shall be considered a closed record under chapter 610. A person's status as an applicant under this section or a holder of a permit under sections 578.700 to 578.745 shall be considered confidential and not subject to chapter 610. No disclosure of any information submitted to the department under this section shall be made unless mandated by a court order, except that the department shall cooperate with law enforcement agencies upon any such request by a law enforcement agency.

578.715. 1. The department may establish and charge a separate fee for the original application for and renewal of a permit. The department shall set each fee in an amount to allow the department to recover only up to the actual costs of administering and enforcing sections 578.700 to 578.745. At no time shall the total fee revenues exceed the total actual cost of administering and enforcing these sections. The fee revenues shall be deposited into the fund created under this section and shall only be used by the department for the administration and enforcement of these sections.

2. A permit shall not be issued by the department unless the department finds that all of the requirements in sections 578.700 to 578.745 have been met.

3. A permit shall set forth all of the following information:

(1) The name, address, telephone number, and date of birth of the permit holder;

(2) The address of the site if different from the address in subdivision (1) of this subsection;

(3) The name, identification number, sex, species, and age of each nonhuman primate that is located on the site, and any distinguishing marks or coloration that would aid in the identification of each animal;

(4) The name, address, and telephone number of the veterinarian who provides veterinary care to each nonhuman primate listed on the permit. Veterinarian records for each nonhuman primate shall be made available at any time; and

(5) Any other relevant information the department may deem necessary.

4. The department shall keep records of all valid permit holders. A permit holder shall notify the department of any changes to the information on the permit within thirty days of such change, which shall include the death of a nonhuman primate or the acquisition of a new nonhuman primate to be located on the site.

5. There is hereby created in the state treasury the "Nonhuman Primate Fund", which shall consist of money collected under this section. The state treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180. Upon appropriation, money in the fund shall be used solely for the administration of sections 578.700 to 578.745. Any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

578.718. 1. If the department finds that an applicant for an original or renewal permit does not meet the requirements under sections 578.700 to 578.745, the department shall deny the applicant a permit and give the applicant written notice of the denial and the reasons for the denial.

2. If the department finds that a person with a valid permit has not complied with sections 578.700 to 578.745, the department may suspend or revoke the permit and give the person written notice of the suspension or revocation and the reasons for the suspension or revocation.

3. The department may revoke a permit issued under sections 578.700 to 578.745 if the holder of the permit pleads guilty to or is found guilty of a violation under section 578.009 or 578.012.

4. A person who is denied a permit, denied a renewal of a permit, or who has had a permit suspended or revoked may appeal the decision to the director no later than fifteen days after the permit was denied, suspended, or revoked. The director shall hold an informal hearing and shall render a decision within sixty days of receiving notice of such appeal. Any decision by the director may be appealed to a court of competent jurisdiction.

578.721. 1. If a possessor can no longer care for his or her nonhuman primate, the possessor may:

(1) Transfer his or her nonhuman primate to another person who holds a valid permit;

(2) Contact the department; or

(3) Contact a wildlife sanctuary.

2. In the event of a transfer under subsection 1 of this section, the department shall be notified at least thirty days prior to the transfer and all relevant information on both permits shall be updated to reflect the transfer.

578.724. 1. Each possessor shall have a plan for the quick and safe recapture of an escaped or released nonhuman primate. Any such plan shall include designated capture equipment, location, and lethal and nonlethal options for recapture. The plan shall also include humane euthanasia of the nonhuman primate if recapture is deemed impossible.

2. A possessor of a nonhuman primate shall maintain proof of financial responsibility for liability damages for destruction of or damage to property and death or bodily injury to a person caused by the nonhuman primate. Such financial responsibility may be met by any of the following ways:

(1) The maintenance of liability insurance coverage in an amount of not less than fifty thousand dollars, or an amount determined by rule by the department, for each occurrence of liability;

(2) The acquisition of a surety bond, which shall be conditioned for payments in amounts and under the same circumstances as would be required in a liability insurance policy under subdivision (1) of this subsection; or

(3) The deposit of cash or securities with the state treasurer in an amount as determined by rule by the department, which shall be an amount sufficient to satisfy execution of a judgment against the possessor in similar amounts as would be provided in an insurance policy under subdivision (1) of this subsection. The administration of this provision shall be similar to the administration of cash deposits under section 303.240.

For purposes of showing proof of financial responsibility as part of the permit process, the possessor of a nonhuman primate shall provide to the department a copy of the certificate of insurance, evidence of surety bond, or the certificate of cash deposit issued by the state treasurer.

578.727. 1. The possessor of a nonhuman primate shall not allow physical contact between members of the public and the nonhuman primate except in accordance with rules promulgated by the department.

2. If any nonhuman primate escapes, either intentionally or unintentionally, the possessor of the nonhuman primate shall immediately contact a law enforcement officer of the city or county where the escape occurred to report the escape or release. The possessor is liable for all expenses associated with efforts to recapture the animal and may be subject to criminal prosecution.

3. No person shall intentionally release a nonhuman primate. If a nonhuman primate is intentionally released, the person responsible for the release is liable for all expenses associated with efforts to recapture the animal and may be subject to criminal prosecution.

578.730. 1. The department, its staff or its agents, and law enforcement officers may enforce the provisions of sections 578.700 to 578.745.

2. The possessor of a nonhuman primate, at all reasonable times, shall allow law enforcement officers and the department's staff or agents to enter the premises where the nonhuman primate is kept to ensure compliance with sections 578.700 to 578.745.

578.734. 1. A law enforcement officer or other person may kill a nonhuman primate if such officer or person observes or has reason to believe that the nonhuman primate is chasing, attacking, injuring, or killing:

(1) A human being, whether the nonhuman primate is contained in or is outside of its enclosure;

(2) Livestock;

(3) Poultry; or

(4) A mammalian pet, only if the nonhuman primate is outside of its enclosure.

2. No law enforcement officer, animal control officer, or person shall be held civilly liable for damages or otherwise for killing or attempting to kill a nonhuman primate under subsection 1 of this section.

3. A nonhuman primate's entry onto a field or enclosure that is owned by or leased by a person producing livestock or poultry constitutes a trespass, and the person who owns or possesses the nonhuman primate is liable in damages.

4. Any person who owns or possesses a nonhuman primate is liable in a civil action for the death or injury of a human and for property damage, including but not limited to the death or injury of another animal, caused by the nonhuman primate. Sections 578.700 to 578.745 do not limit the common law liability of the owner of a nonhuman primate for the death or injury of a human or for property damage caused by the nonhuman primate.

578.736. 1. A violation of sections 578.700 to 578.745 is a class A misdemeanor except that a violation of subsection 3 of section 578.727 is a class D felony. In addition, a person who violates sections 578.700 to 578.745 may be subject to one or more of the following:

(1) Community service work for not more than five hundred hours;

(2) The loss of privileges to own or possess any animal.

2. Subsection 1 of this section shall not apply to a law enforcement officer, animal control officer, veterinarian, or department of agriculture employee with respect to the performance of the duties of a law enforcement officer, animal control officer, veterinarian, or department of agriculture employee under sections 578.700 to 578.745.

578.737. 1. If a person who owns, possesses, breeds, or sells a nonhuman primate violates any provision of sections 578.700 to 578.745, such nonhuman primate and any other nonhuman primate owned or possessed by such person are subject to civil forfeiture.

2. The prosecuting attorney in an action under section 578.736 may file a petition requesting that the court issue an order for civil forfeiture of all of the nonhuman primates owned or possessed by the person violating any provision of sections 578.700 to 578.745.

578.739. 1. The department shall promulgate rules to implement and administer sections 578.700 to 578.745. This includes, but is not limited to, the creation of the permit program established under sections 578.700 to 578.745, the form and content of the applications for the permit and renewal permit, and fees for the permit.

2. Any rule or portion of a rule, as that term is defined in section 536.010 that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2013, shall be invalid and void.

578.742. A political subdivision may adopt an ordinance governing nonhuman primates that is more restrictive than sections 578.700 to 578.745. The requirements of sections 578.700 to 578.745 are in addition to any other requirements governing a nonhuman primate under state and federal law.