BP BHEAD INT S

AN ACT Relating to transportation of horses to slaughter; amending RCW 16.52.207; adding a new section to chapter 16.52 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that there have been cases in Washington state of horses being transported to slaughter in an inhumane manner. It is the intent of the legislature to stop these inhumane practices. It is not the intent of the legislature to pass judgment on human consumption of horsemeat or to change current regulations regarding the transport of horses to locations other than a slaughterhouse.

NEW SECTION. Sec. 2. A new section is added to chapter 16.52 RCW to read as follows:

(1) Any person who as a regular source of income transports horses to slaughter or to an intermediate handler and is transporting a horse for more than thirty miles shall meet the following requirements:

(a) The vehicle shall have sufficient clearance to allow the horse to be transported in a standing position with its head in a normal upright position above its withers without coming in contact with the roof or beams or other overhead structures.

(b) Any ramps and floors in the vehicle shall be covered with a nonskid nonmetallic surface to prevent the horse from slipping.

(c) The vehicle shall be maintained in good, safe working condition and provide adequate ventilation and protection from extremes of weather and temperature for the horse while the horse is being transported.

(d) The sides, overhead, and floor of the vehicle shall be constructed to withstand the weight of any horse that may put pressure against the sides or overhead.

(e) Any compartments in the interior of the vehicle shall be constructed of smooth materials and shall contain no protrusions, sharp or harmful objects, or openings that a horse could fit a limb through.

(f) The doors shall be of sufficient size and location to provide for safe loading and unloading, including unloading in emergencies.

(g) The size and design of the vehicle shall be appropriate for the number of horses being transported and the welfare of the horse shall not be jeopardized by crowding. Horses shall be positioned in the vehicle by sizes.

(h) Stallions shall be transported within individual compartments with sturdy floor to ceiling partitions.

(i) No horse may be transported if it is:

(i) Suffering from a broken or dislocated limb;

(ii) Unable to bear weight on all four limbs;

(iii) Obviously suffering from severe illness, injury, lameness, or physical debilitation that would make the horse unlikely to withstand the stress of transportation;

(iv) Six months or younger; or

(v) A mare in the last third of pregnancy.

(j) The person transporting a horse shall notify a humane officer having jurisdiction seventy-two hours before loading the horse so that the humane officer may perform a thorough inspection of the vehicle and animals to determine if all requirements of this section have been satisfied. A certificate indicating that the horse is free from prohibited conditions as stated in (i) of this subsection, bearing a full description of each horse shall be filled out by the humane officer inspecting the horse. The certificate shall accompany the horse during transport and be turned over to the USDA inspector at the slaughter plant. If there is no humane officer available, the inspection certificate shall be completed by a veterinarian or state or local official trained to perform animal inspections.

(k) The driver and owner of any vehicle transporting a horse is responsible for satisfying all requirements of this section. However, if such driver determines that any horse is unfit for travel, he or she shall refuse to load or transport such horse. If a horse suffers a substantial injury or illness while being transported, such driver shall seek prompt assistance from a large animal veterinarian.

(l) All horses to be transported to slaughter or to an intermediate handler shall be given wholesome food and potable water no more than four hours before departure.

(2) The management of any public auction or sale shall post a sign, measuring a minimum of fifteen inches by ten inches with lettering of a minimum of one and one-quarter by one-half inches in a conspicuous place so that it will be easily observed by a majority of people attending the sale. The notice shall read as follows: "Warning - Horses sold on these premises may be purchased for slaughter. As a possible safeguard, seller may set a minimum bid above current slaughter prices."

A violation of this subsection is a class I civil infraction under chapter 7.80 RCW.

(3) Whenever a person is taken into custody by an officer for a violation of subsection (1) of this section, the officer shall take charge of the vehicle and its contents and deposit the property in some established and appropriate place of custody.

(a) Any necessary expense incurred for taking care of and keeping the property is a lien thereon, to be paid before the property can be lawfully recovered.

(b) If the expense, or any part thereof, remains unpaid, it may be recovered by the person incurring the expense from the owner of the horse in an action therefor.

(c) Upon conviction of the person, any seized horse shall be remanded to the custody of the enforcement agency or a duly incorporated society for the prevention of cruelty to animals, horse rescue organization, or similar organization for permanent disposition.

(4) For the purposes of this section:

(a) "Horse" means any member of the equine family including a horse, pony, mule, donkey, or hinny.

(b) "Intermediate handler" means any person engaged in the business of receiving custody of horses for slaughter in connection with the transportation of the horses to a slaughter facility. "Intermediate handler" includes stockyards, feedlots, and assembly points.

(d) "Stallion" means any uncastrated male horse one year or older.

(e) "Vehicle" means any machine, tractor, trailer, semi‑trailer, or any combination thereof propelled or drawn by mechanical power and used upon the highways in the transportation of property.

Sec. 3. RCW 16.52.207 and 1994 c 261 s 9 are each amended to read as follows:

(1) A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal.

(2) An owner of an animal is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the owner knowingly, recklessly, or with criminal negligence:

(a) Fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or

(b) Abandons the animal.

(3) A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the person violates section 2(1) of this act. In addition to any other penalties, a person convicted of animal cruelty in the second degree under this subsection shall be fined one hundred dollars per horse, per day. Upon a second or subsequent conviction of animal cruelty in the second degree under this subsection, the person convicted shall, in addition to any other penalties, be fined five hundred dollars per horse, per day.

(4) Animal cruelty in the second degree is a misdemeanor.

((~~(4)~~)) (5) In any prosecution of animal cruelty in the second degree, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant's failure was due to economic distress beyond the defendant's control.

NEW SECTION. Sec. 4. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.