HOUSE BILL REPORT

SB 5117

BYSenator Barr

Requiring owners to control livestock to within twelve hours of running at large in livestock restricted area.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass with amendments.  (14)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Baugher, Bristow, Brooks, Chandler, Doty, Grant, Holm, R. King, McLean, Moyer, Nealey and Rasmussen.

House Staff:Kenneth Hirst (786-7105)

AS REPORTED BY COMMITTEE ON AGRICULTURE & RURAL DEVELOPMENT

FEBRUARY 23, 1988

BACKGROUND:

It is a misdemeanor for the owner of horses, mules, donkeys, or cattle to permit the animals to run at large in a stock restricted area.  Livestock running at large in such an area are declared to be a public nuisance and may be impounded.  These animals may run at large on state or federal lands under state or federal permits.  Cattle may run at large in open range areas.

A person suffering damage done by any livestock trespassing on cultivated land within a stock restricted area may retain the livestock until the owner of the livestock pays for the damage and costs or provides adequate security for the damage and costs.  For a second or subsequent act of trespass by swine, the owner is liable for treble the amount of the damages done by the swine.

State law prohibits a person who owns or controls livestock from wilfully or negligently permitting the livestock to run at large in a stock restricted area or to stray onto the right-of-way of certain public highways within a stock restricted area.

SUMMARY:

BILL AS AMENDED:  Provisions of state laws governing livestock and estrays currently found in eight chapters of the code are consolidated into three chapters.  A person owning or controlling livestock who wilfully or negligently allows the livestock to run at large in a stock restricted area or on the right-of-way of certain public highways is guilty of a misdemeanor only if the person does not control the livestock within twelve hours after receiving notice.

The owner of swine is liable for damages but not treble damages (as under current law) for damage caused by the swine during a second or subsequent act of trespass.  The amount due a person, who has restrained a trespassing animal under certain circumstances, for keeping the animal, is the reasonable cost of keeping the animal (rather than 50 cents per day, as under current law) and the amount that may be charged by such a person for gelding the animal is similarly increased.  If an estray has been impounded, the owner must pay the costs of any related advertising or legal proceedings.

The penalty for failing to corral livestock when examining a herd for estrays is repealed.  Class I estrays (livestock illegally running at large) and Class II estrays (livestock for which proof of ownership is lacking) are simply referred to as estrays.

AMENDED BILL COMPARED TO ORIGINAL:  The original bill delays for twelve hours after notice the imposition of a criminal penalty for permitting livestock to run at large in stock restricted areas; all other provisions of the striking amendment are provided by the striking amendment.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Senator Barr, Senator Halsan; and Marlyta Deck, Washington Cattlemen's Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    (1) The bill protects livestock owners against overzealous enforcement of the law regarding strays; a misdemeanor can be levied only after a person is given a chance to round up the strays.  (2) The amendments consolidate the livestock statutes.  The next step should be to update these consolidated laws.

House Committee - Testimony Against:      None Presented.