CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE BILL 2382



59th Legislature
2006 Regular Session

Passed by the House March 4, 2006
  Yeas 95   Nays 0


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Speaker of the House of Representatives


Passed by the Senate March 2, 2006
  Yeas 41   Nays 3



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President of the Senate
CERTIFICATE

I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2382 as passed by the House of Representatives and the Senate on the dates hereon set forth.



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Chief Clerk
Approved 









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Governor of the State of Washington
FILED







Secretary of State
State of Washington


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SUBSTITUTE HOUSE BILL 2382
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AS AMENDED BY THE SENATE

Passed Legislature - 2006 Regular Session
State of Washington59th Legislature2006 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Kretz, Haler and Holmquist)

READ FIRST TIME 01/26/06.   



     AN ACT Relating to bovine handling facilities; and adding a new section to chapter 4.24 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 4.24 RCW to read as follows:
     (1) Except as provided in subsection (2) of this section, an owner, operator, or manager of a bovine handling facility, and the owner of bovine handled at or processed through a bovine handling facility, are not liable for an injury to or the death of a person who knowingly and voluntarily participates in bovine handling activities at a bovine handling facility or knowingly and voluntarily enters onto the premises of a bovine handling facility as a spectator of bovine handling activities.
     (2) Nothing in subsection (1) of this section prevents or limits the liability of an owner, operator, or manager of a bovine handling facility, or an owner of bovine handled at or processed through a bovine handling facility, if the owner, operator, or manager of the bovine handling facility, or the bovine owner:
     (a) Intentionally injures the participant or spectator or commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or spectator and that act or omission caused the injury;
     (b) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant or spectator sustained injuries because of a dangerous latent condition which was known to or should have been known to the owner, operator, or manager of the bovine handling facility, or the bovine owner, and for which warning signs have not been conspicuously posted; or
     (c) Is liable under chapter 16.04 or 16.24 RCW.
     (3) As used in this section:
     (a) "Bovine" means beef cattle, dairy cattle, and bison.
     (b) "Bovine handling facility" means a cooperative not-for-profit outdoor facility, such as a corral, that is used for the normal and customary handling and husbandry of bovines, whether on a daily or periodic basis, and does not include commercial slaughter facilities.
     (c) "Bovine handling activities" means normal and customary activities associated with the handling and husbandry of bovines.

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