SB 2172 — Animals; prohibiting possession or sale of primates; providing exceptions; providing enforcement procedures. Effective date.

Licensed veterinary hospitals for the purpose of providing treatment to a primate;

5.

Law enforcement officers for purposes of law enforcement;

6.

A properly maintained zoological park or circus that holds a Class C exhibitor license under the federal Animal Welfare Act in good standing;

provided, such entity shall:

a.

not have been, or employ any person who has been, convicted of or fined for an offense involving the abuse or neglect of any animal pursuant to any state, local, or federal law, b.

not have had a license or permit regarding the care, possession, exhibition, breeding, or sale of any animal revoked or suspended by any state, local, or federal agency, and shall not have entered into any stipulations, consent decrees, or settlements with the United States Department of Agriculture within the past three (3) years and shall disclose any known SENATE FLOOR VERSION - SB2172 SFLR Page 3 (Bold face denotes Committee Amendments) pending investigations that are being conducted by the United States Department of Agriculture, c.

not have been cited by the United States Department of Agriculture under the federal Animal Welfare Act, 7 U.S.C., Section 2131 et seq., for any noncompliant item within the past three (3) years for any violation for failure to allow facility inspection or interference with a facility inspection, d.

maintain liability insurance in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000.00) for each occurrence of property damage, bodily injury, or death caused by any primate possessed by the entity, and e.

have a written plan, filed with the local animal control authority, for the quick and safe recapture or destruction of any primate in the event a primate escapes, including, but not limited to, written protocols for training staff on methods of safe recapture of the escaped primate;

or 7.

A person temporarily transporting a legally owned primate through this state if the transit time is not more than twenty-four (24) hours, the primate is not exhibited, and the primate is maintained at all times in a species-appropriate cage or travel container.

SENATE FLOOR VERSION - SB2172 SFLR Page 4 (Bold face denotes Committee Amendments) D.

The prohibitions in subsection B of this section shall not apply to persons who lawfully possessed a primate prior to the effective date of this act, provided that such person shall:

1.

Maintain veterinary records, acquisition papers, or other documents or records that establish that the person possessed the animal prior to the effective date of this act;

2.

Not acquire additional primates after the effective date of this act, whether by purchase, donation, or breeding;

3.

Not have been convicted of an offense involving the abuse or neglect of any animal pursuant to any state, local, or federal law;

4.

Not have had a license or permit regarding the care, possession, exhibition, breeding, or sale of animals revoked or suspended by any state, local, or federal agency;

5.

Develop and be prepared to implement escape, succession, and disaster plans and maintain a current animal inventory, to be made available to law enforcement officers upon request;

6.

Have sufficient training to provide species-specific care to the primate;

7.

Register with, and pay a registration fee of Twenty Dollars ($20.00) to, the local animal control authority by May 1, 2027, and annually thereafter, indicating the number of animals of each primate species in his or her possession, and showing proof of liability insurance in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000.00), for each occurrence of property SENATE FLOOR VERSION - SB2172 SFLR Page 5 (Bold face denotes Committee Amendments) damage, bodily injury, or death caused by any primate possessed by the person;

and 8.

Notify the local animal control authority at least seventy- two (72) hours prior to sale or transfer of an existing primate, identifying the recipient of the animal.

At all times, possession, sale, transfer, and transport of the primate shall conform with all applicable state, local, and federal laws.

E.

The provisions of this section shall be enforced by any state law enforcement officer or any other law enforcement officer in whose jurisdiction the violation occurs, or any animal control authority for the jurisdiction in which the violation occurs.

F.

1.

A law enforcement officer may, after obtaining a warrant from any judge or magistrate upon probable cause, seize or impound any primate possessed, sold, transferred, bred, or exhibited in violation of this section.

Such primates shall be immediately placed in the custody and control of a primate sanctuary, a temporary holding facility as provided in paragraph 3 of subsection C of this section, or a properly maintained zoological park as described in paragraph 6 of subsection C of this section.

If there is no immediate threat to public safety or animal welfare, law enforcement officers may impound the primate in place.

2.

Upon seizing or impounding a primate, a law enforcement officer shall petition the district court in the locality where the primate was seized or impounded for a hearing to determine whether SENATE FLOOR VERSION - SB2172 SFLR Page 6 (Bold face denotes Committee Amendments) the primate was in fact possessed, sold, transferred, or bred in violation of this section.

The hearing shall be held not more than ten (10) business days from the date of the seizure or impoundment, and the law enforcement officer shall provide written notice of the hearing at least five (5) days prior to the hearing to the person from whom the primate was seized or impounded.

3.

Upon judicial determination of a violation of any provision of this section, the seized or impounded primate may be deemed forfeited and the court may order the violator to pay all reasonable expenses incurred in caring and providing for the primate, from the time the primate is seized until the time such primate is forfeited to the zoological park, primate sanctuary, or temporary holding facility in possession of the primate.

The court may also prohibit the possession or ownership of primates or other exotic animals by the person found to have violated this section.

4.

A forfeited primate shall be transferred to a properly maintained zoological park as described in paragraph 6 of subsection C of this section or a primate sanctuary that is willing and able to take custody of the forfeited primate.

Nothing in this section shall be construed to prevent law enforcement officers from humanely euthanizing a primate in compliance with state and federal law if, after reasonable efforts, no such institution is willing and able to provide long-term care for the primate.

SENATE FLOOR VERSION - SB2172 SFLR Page 7 (Bold face denotes Committee Amendments) 5.

Nothing in this section shall be construed to prevent the voluntary permanent relinquishment of any primate by its owner to a person legally able to possess the primate and willing and able to take possession.

Voluntary relinquishment shall have no effect on any criminal charges for violations of this section.

6.

Any primate found to be not properly confined, whether on the property of the owner or running at large, may be humanely destroyed by law enforcement officers in order to protect public safety.

The owner of such primate will be liable for costs accrued to law enforcement officers in humanely euthanizing or otherwise securing any such primate.

G.

A person who violates any provision of this section shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Dollars ($2,000.00).

H.

Nothing in this section shall be construed to prohibit a city or county or other local governmental unit or political subdivision from adopting or enforcing any rule or law that places further restrictions or additional requirements on the possession, sale, transfer, or breeding of primates.

SECTION 2.

This act shall become effective November 1, 2026.

COMMITTEE REPORT BY:

COMMITTEE ON AGRICULTURE AND WILDLIFE February 16, 2026 - DO PASS SENATE FLOOR VERSION - SB2172 SFLR Page 8 (Bold face denotes Committee Amendments)