Passed by the Senate April 21, 2009 YEAS 45   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 8, 2009 YEAS 96   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5974 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved May 5, 2009, 2:33 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 8, 2009 Secretary of State State of Washington |
State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 02/11/09. Referred to Committee on Agriculture & Rural Economic Development.
AN ACT Relating to transporting or accepting delivery of live nonambulatory livestock; amending RCW 16.36.116 and 16.52.225; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 16.36.116 and 2007 c 71 s 3 are each amended to read
as follows:
(1) Any person found transporting animals on the public roads of
this state that are not accompanied by valid health certificates,
permits, or other documents as required by this chapter or its rules
has committed a class 1 civil infraction.
(2) Any person who knowingly transports or accepts delivery of live
nonambulatory livestock to, from, or between any livestock market,
feedlot, slaughtering facility, or similar facility that trades in
livestock has committed a civil infraction and shall be assessed a
monetary penalty not to exceed one thousand dollars. The transport or
acceptance of each nonambulatory livestock animal is considered a
separate and distinct violation. Livestock that was ambulatory prior
to transport to a feedlot and becomes nonambulatory because of an
injury sustained during transport may be unloaded and placed in a
separate pen for rehabilitation at the feedlot. For the purposes of
this section, "nonambulatory livestock" has the same meaning as in RCW
16.52.225.
(3) The director is authorized to issue notices of and enforce
civil infractions in the manner prescribed under chapter 7.80 RCW.
Sec. 2 RCW 16.52.225 and 2004 c 234 s 1 are each amended to read
as follows:
(1) Unless otherwise cited for a civil infraction by the department
of agriculture under RCW 16.36.116(2), a person is guilty of a gross
misdemeanor punishable as provided in RCW 9A.20.021 if he or she
knowingly transports or accepts delivery of live nonambulatory
livestock to, from, or between any livestock market, feedlot,
slaughtering facility, or similar facility that trades in livestock.
The transport or acceptance of each nonambulatory livestock animal is
considered a separate and distinct violation.
(2) Nonambulatory livestock must be humanely euthanized before
transport to, from, or between locations listed in subsection (1) of
this section.
(3) Livestock that was ambulatory prior to transport to a feedlot
and becomes nonambulatory because of an injury sustained during
transport may be unloaded and placed in a separate pen for
rehabilitation at the feedlot.
(4) For the purposes of this section, "nonambulatory livestock"
means cattle, sheep, swine, goats, horses, mules, or other equine that
cannot rise from a recumbent position or cannot walk, including but not
limited to those with broken appendages, severed tendons or ligaments,
nerve paralysis, a fractured vertebral column, or metabolic conditions.