SENATE BILL REPORT

EHB 2001

BYRepresentatives Rayburn, Baugher and Sayan

Revising provisions regarding livestock.

House Committe on Agriculture & Rural Development

Senate Committee on Agriculture

Senate Hearing Date(s):March 21, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Hansen, Madsen, Newhouse.

Senate Staff:John Stuhlmiller (786-7446)

                  March 22, 1989

AS REPORTED BY COMMITTEE ON AGRICULTURE, MARCH 21, 1989

BACKGROUND:

There are eight chapters in state law regulating livestock and estrays.  Many of these chapters date back to statehood and have been added in a piece-meal fashion.  Recodification has been suggested as a means of clarifying ambiguity in the law and consolidating statutes. 

Currently, the boards of county commissioners are authorized to determine what areas within their counties are stock restricted areas where livestock must be confined by a fence.  The areas not designated as stock restricted are called open range areas where horses, mules, donkeys and cattle may run at large.

A person suffering damage done by any livestock trespassing on cultivated land within a stock restricted area may retain the livestock until the owner pays for the damage or provides adequate security to cover the damage.

Two classifications for dealing with at large or unidentifiable livestock exist.  Class I estrays are livestock illegally running at large, and Class II estrays are livestock for which proof of ownership is lacking.  Any cattle, horses, donkeys or mules which become either Class I or II estrays are impounded and handled as a public nuisance.  The Department of Agriculture is required to attempt to locate the owner of the animals, but if unable to do so, the animals are sold at a public livestock market.

SUMMARY:

Provisions of state law governing livestock and estrays are consolidated into three chapters.

The owner of any livestock is liable for actual damages caused by the animal during an act of trespass.  The amount due a person who has restrained a trespassing animal is the reasonable cost of keeping the animal 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The Class I and Class II estray classifications are repealed, and animals in these categories are simply referred to as estrays.  All livestock illegally at large or without proper proof of ownership are treated as public nuisances and may be impounded and sold by the Department of Agriculture after proper search for the owner.

SUMMARY OF PROPOSED SENATE AMENDMENT:

Reference to the term "county commissioner" is changed to "county legislative authority."  The county legislative authority is provided the option of determining whether horses, mules donkeys and cattle can run at large in open range areas or just cattle.

Only horses, mules, donkeys and cattle are to be handled as public nuisances when found running at large, requiring the search for the owner, and upon failure of the search, sale of the animal at a public livestock market.

Technical changes are made to ensure consistency in terms and references in the act.

Appropriation:    none

Revenue:    yes

Fiscal Note:      available

Senate Committee - Testified: No one