SENATE BILL REPORT

SSB 5827

BYSenate Committee on Agriculture (originally sponsored by Senators Barr and Moore)

Providing pet identification and certification procedures to minimize theft.

Senate Committee on Agriculture

Senate Hearing Date(s):February 24, 1989

Majority Report:  That Substitute Senate Bill No. 5827 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:David Monthie (786-7198)

                  April 7, 1989

House Committe on Agriculture & Rural Development

AS PASSED SENATE, MARCH 9, 1989

BACKGROUND:

Existing state law provides that the theft or killing of a dog with the intent to deprive the owner of it is a gross misdemeanor subject to up to one year's confinement in the county jail and a fine of no more than $1,000.  There is no similar criminal penalty for other domestic pets.  There have been recent accounts of persons stealing pets, particularly dogs, and selling them to biomedical research institutions or to dealers who sell them to such institutions.  Although federal law provides some regulation of such dealers and of procedures with regard to biomedical research on animals, there is little state or federal law that specifically addresses measures to attempt to prevent or penalize theft of pets for this purpose.

SUMMARY:

Pet animal and research institutions are defined.  Existing criminal statutes with regard to theft and killing of dogs are expanded to all pet animals, and the $1,000 limit on the criminal fine is deleted.  The sale or transfer of stolen or fraudulently obtained pet animals to research institutions is made a class C felony.  The lawful activities of humane societies, animal control agencies, or animal shelters are exempt.  All persons who sell animals to research institutions are required to sign certifications, under penalty of perjury, as to their ownership of the animal or their legal right to sell or transfer them.  Such certifications are not required for animals obtained from sources outside the United States.  All research institutions are required to maintain files on dogs and cats sold or transferred to them, with specific information as to source and identifying characteristics, and with photographs.  Such files are to be made available to inquiring citizens.  All research institutions are required to have written policies as to the nonuse of pet animals in research, and for the rapid return to the true owner of any animals that are pet animals.  Violations of the act are made an unfair or deceptive practice under the Consumer Protection Act, but penalties imposed against research institutions under these provisions are limited to monetary penalties not to exceed $2,500.  A statement of intent is made not to interfere with the operation of statutes pertaining to cruelty to animals, higher education or biomedical research.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: Robert Smith, Washington State University (pro); John Coulter, University of Washington (pro); Barbara Johnston, Hutchinson Cancer Research Center (pro); Jeanne Werner, Washington State Federation of Humane Societies (pro); Jeffrey Orme, Vancouver Humane Society (pro); Rick Luther, Black Diamond Police Department (pro); Kathryn Holl, Clallam County Humane Society (pro); Dolores Nugent (pro); Nonnie Walsh (pro); Don Johnson (pro)

HOUSE AMENDMENT:

The new criminal offense in Section 2 for selling or transporting a stolen or fraudulently obtained pet to a research institution, or to a person who regularly sells animals to research institutions is reduced from a class C felony to a gross misdemeanor.  Other technical changes are made to the section.

Section 3, which requires certain records and written policies be created for animals sold or transferred to research institutions, is moved from the criminal statutes of Chapter 9.08 RCW and placed in Chapter 16.52 RCW, which is the chapter addressing the prevention of cruelty to animals.  Other technical changes are made to the section.

Section 4, which makes a violation of this act a violation of the Consumer Protection Act (CPA), is made a new section in Chapter 19.86 RCW (the CPA).