CERTIFICATION OF ENROLLMENT

SENATE BILL 5974

Chapter 347, Laws of 2009

61st Legislature
2009 Regular Session



NONAMBULATORY LIVESTOCK--TRANSPORTATION OR ACCEPTANCE



EFFECTIVE DATE: 07/26/09

Passed by the Senate April 21, 2009
  YEAS 45   NAYS 0

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House April 8, 2009
  YEAS 96   NAYS 2

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

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
 
FILED
May 8, 2009







Secretary of State
State of Washington


_____________________________________________ 

SENATE BILL 5974
_____________________________________________

AS AMENDED BY THE HOUSE

Passed Legislature - 2009 Regular Session
State of Washington61st Legislature2009 Regular Session

By Senators Morton, Hatfield, Swecker, Marr, and Shin

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.


         Passed by the Senate April 21, 2009.
         Passed by the House April 8, 2009.
         Approved by the Governor May 5, 2009.
         Filed in Office of Secretary of State May 8, 2009.