ESB 5200

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Amended by House, April 6, 2009

Title: An act relating to marauding dogs.

Brief Description: Concerning marauding dogs.

Sponsors: Senator Brandland.

Brief History:

Committee Activity: Judiciary: 1/27/09 [DP].

Passed Senate: 3/02/09, 47-0.Passed House: 4/06/09, 96-0.


Majority Report: Do pass.

Signed by Senators Kline, Chair; Regala, Vice Chair; McCaslin, Ranking Minority Member; Carrell, Hargrove, Kohl-Welles and Tom.

Staff: Kim Johnson (786-7472)

Background: The chapter of law governing dogs contains several provisions of law that originated in the early 1900s dealing with dogs running at large and injuring livestock or other domestic animals. Specifically, a dog owner who is notified that his or her dog is found killing a domestic animal must kill the dog within 48 hours of the notification. Failure to kill the dog is a misdemeanor offense.

Similarly, it is the duty of the sheriff to kill any dog found running at large without a metal identification tag, from the beginning of August through the end of February.

Summary of Engrossed Bill: The requirements that (1) the owner of a dog kill his or her dog within 48 hours of receiving notice that the dog killed a domestic animal; and (2) the sheriff kill any dog found running at large between the months of August and March without a metal identification tag are both repealed.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: You run across pieces of the law periodically, and you actually say to yourself, "I can't believe this is still on the books." There should be no question about doing away with this section, it is clearly not something that the Legislature would authorize today.

Persons Testifying: PRO: Senator Brandland, prime sponsor.

House Amendment(s): The House amendment reinstates the requirement that an owner of a dog kill his or her dog within 48 hours of receiving notice that the dog killed a domestic animal. The failure of an owner to kill the dog is a misdemeanor.