FINAL BILL REPORT

                                   ESSB 5629

                                  C 325 L 91

                              SYNOPSIS AS ENACTED

Brief Description:  Prohibiting unauthorized acts against animal facilities.

SPONSORS:Senate Committee on Agriculture & Water Resources (originally sponsored by Senators Bailey, Conner, Metcalf, Patterson, McCaslin, Hansen, Bauer, Anderson, Barr, Vognild, McMullen, Madsen, Rasmussen and Newhouse).

SENATE COMMITTEE ON AGRICULTURE & WATER RESOURCES

HOUSE COMMITTEE ON AGRICULTURE & RURAL DEVELOPMENT

BACKGROUND:

Concern has been expressed regarding an increasing number of acts committed against animal production and research facilities involving injury or loss of life to animals, criminal trespass, and damage to property.

SUMMARY:

It is a class C felony for any person to disrupt a research project or a university's educational program by knowingly taking, releasing, destroying, contaminating, or damaging any animal used in the project or by the university.

Persons who, without authorization, commit an intentional tort by taking, releasing, destroying, contaminating, or damaging animals used by a university or research facility, kept by a person for agricultural production purposes, or kept by a veterinarian for veterinary purposes will have liability that is joint and several.  This liability also extends to persons who plan the activity or participate in the implementation of the plan.  Injunctive relief to prevent these intentional torts is authorized.  In cases where damages are awarded under this act, a civil fine of up to $100,000 may be awarded to the plaintiff.

Any employee or owner of a research, educational, or agricultural production facility who is harassed by persons whose intent is to stop or modify the facility's use of animals, may apply for injunctive relief to prevent the harassment.

VOTES ON FINAL PASSAGE:

Senate      47    2

House 92    5     (House amended)

Senate                  (Senate refused to concur)

House             (House refused to recede)

Conference Committee

House 92    2

Senate      41    0

EFFECTIVE:  May 21, 1991