HOUSE BILL REPORT

EHB 2001

As Amended by the Senate

BYRepresentatives Rayburn, Baugher and Sayan

Revising provisions regarding livestock.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass with amendments. (11)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Nealey, Ranking Republican Member; Chandler, Doty, Grant, Jesernig, McLean, H. Myers, Rasmussen and Youngsman.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE MARCH 8, 1989

BACKGROUND:

It is a misdemeanor for the owner of horses, mules, donkeys, or cattle to permit the animals to run at large in a stock restricted area.  Livestock running at large in such an area are declared to be a public nuisance and may be impounded.  These animals may run at large on state or federal lands under state or federal permits.  Cattle may run at large in open range areas.

A person suffering damage done by any livestock trespassing on cultivated land within a stock restricted area may retain the livestock until the owner of the livestock pays for the damage and costs or provides adequate security for the damage and costs.  For a second or subsequent act of trespass by swine, the owner is liable for treble the amount of the damages done by the swine.

State law prohibits a person who owns or controls livestock from wilfully or negligently permitting the livestock to run at large in a stock restricted area or to stray onto the right-of-way of certain public highways within a stock restricted area.

SUMMARY:

Provisions of state laws governing livestock and estrays currently found in eight chapters of the code are consolidated into three chapters.

The owner of swine is liable for damages but not treble damages (as under current law) for damage caused by the swine during a second or subsequent act of trespass.  The amount due a person, who has restrained a trespassing animal under certain circumstances, for keeping the animal, is the reasonable cost of keeping the animal (rather than 50 cents per day, as under current law) and the amount that may be charged by such a person for gelding the animal is similarly increased.  If an estray has been impounded, the owner must pay the costs of any related advertising or legal proceedings.

The penalty for failing to corral livestock when examining a herd for estrays is repealed.  Class I estrays (livestock illegally running at large) and Class II estrays (livestock for which proof of ownership is lacking) are simply referred to as estrays.

EFFECT OF SENATE AMENDMENTS:  The Senate amendments permit a county legislative authority to designate a special open range area within which only cattle may run at large.  The amendments also:  (1) expressly prohibit livestock from running at large on the right-of-way of any public highway (not just one with two or more lanes, as under current law) in a stock restricted area; and (2) strike a provision of the engrossed bill which permits horses to run at large in certain circumstances.

Provisions of the engrossed bill which establish procedures for impounding and inspecting stray livestock are applied, by the Senate amendments, only to horses, mules, donkeys, and cattle.

Fiscal Note:      Requested February 13, 1989.

House Committee ‑ Testified For:    Marlyta Deck, Washington Cattlemen's Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill consolidates several chapters of livestock law to make them more readable and deletes unrealistic statutory limits on the amount of money that may be recovered for keeping estrays.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 93; Absent 1; Excused 4

Absent:     Representative Appelwick.

Excused:    Representatives Brekke, Brough, Vekich and Wilson, K.