CERTIFICATION OF ENROLLMENT

                   SUBSTITUTE HOUSE BILL 2516

                        53rd Legislature

                      1994 Regular Session

Passed by the House February 11, 1994   Yeas 94   Nays 0 Speaker of the       House of Representatives Passed by the Senate March 3, 1994   Yeas 46   Nays 1

CERTIFICATE I, Marilyn Showalter, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2516 as passed by the House of Representatives and the Senate on the dates hereon set forth.

President of the Senate

Chief Clerk

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

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                    SUBSTITUTE HOUSE BILL 2516

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             Passed Legislature - 1994 Regular Session

State of Washington      53rd Legislature     1994 Regular Session

By House Committee on Agriculture & Rural Development (originally sponsored by Representatives Jones, King and Rayburn)

Read first time 02/04/94.

Limiting the liability for damage resulting from wildlife-induced fence destruction.

    AN ACT Relating to limiting liability for damage resulting from wildlife-induced fence destruction; amending RCW 16.04.015 and 16.24.140; and adding a new section to chapter 16.04 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 16.04.015 and 1989 c 286 s 2 are each amended to read as follows:

Except as provided under section 3 of this act, whenever any animals trespass as provided in RCW 16.04.010, the owner or person having possession of such animal shall be liable for all damages the owner or occupant may sustain by reason of such trespass.

    Sec. 2.  RCW 16.24.140 and 1989 c 286 s 13 are each amended to read as follows:

    Upon claiming any animal impounded under this chapter, the owner shall pay all costs of transportation, advertising, legal proceedings, and keep of the animal, except as provided under section 3 of this act.

NEW SECTION. Sec. 3.  A new section is added to chapter 16.04 RCW to read as follows:

    If damages are caused by a trespassing animal, neither the state nor the owner of the animal shall be liable if the owner of the animal can prove that the trespass is due to damage caused by wildlife to a lawful fence and, in a stock restricted area, the owner of the animal did not have a reasonable opportunity to repair the fence.  The state shall pay all costs of transportation, advertising, legal proceedings, and keep of an animal that has been restrained pursuant to RCW 16.04.010.  Claims filed under this section shall be processed according to the procedures under chapter 4.92 RCW.

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