HOUSE BILL REPORT

SSB 5827

As Amended by the House

BYSenate Committee on Agriculture (originally sponsored by Senators Barr and Moore)

Providing pet identification and certification procedures to minimize theft.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass with amendments.  (10)

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

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE APRIL 4, 1989

BACKGROUND:

A person is guilty of a gross misdemeanor under current state law if the person does any of the following, with intent to deprive or defraud an owner of a dog:  takes, confines, or hides a dog; conceals the identity of a dog or its owner; or willfully kills or injures a dog, unless excused by law. The penalty for such a gross misdemeanor is specified as being imprisonment for not more than one year or a fine of not more than $1,000 or both fine and imprisonment.

The provisions regarding theft apply if the dog is valued at less than $250.  If the dog has a greater value, the provisions of law regarding first or second degree theft apply.  Both such thefts are felonies.

SUMMARY:

The provisions of law are amended which make it a gross misdemeanor to take or hide a dog, to conceal the identity of a dog or its owner, or willfully to kill or injure a dog, with intent to deprive or defraud the owner.  These provisions now apply to such actions taken regarding any pet animal.  A "pet animal" is defined as being a tamed or domesticated animal legally retained by a person and kept as a companion.  "Pet animal" does not include livestock raised for commercial purposes.  The provisions regarding willful killing or injury now also apply to the reckless killing or injury of a pet animal. The maximum fine for violating these provisions is increased to $5,000.

Unless otherwise permitted by law, a person who does any of the following is guilty of a gross misdemeanor.

      1.    Sells or otherwise directly transfers to a research institution in this state a pet animal that the person knows or has reason to know has been stolen or fraudulently obtained (a "research institution" is any facility licensed by the U.S. Department of Agriculture to use animals in biomedical or product research); or

      2.    Sells or otherwise transfers to another person, who regularly sells animals to research institutions in this state, a pet animal that the person knows or has reason to know has been stolen or fraudulently obtained.

These provisions do not apply to persons of a humane society, animal control agency, or animal shelter operated by or for a governmental agency who are operating under law.

Each transfer of a mammal (except a rat or a mouse bred for use in research, livestock, or an animal from sources outside of the U.S.) to a research institution in this state must be accompanied by a breeder certification or a true owner certification dated and signed under penalty of perjury.  The latter from a humane society, animal control agency, or animal shelter must, in lieu of stating ownership of the animal, state that the animal has been in the possession of the entity for the minimum period required by law which entitles the entity to legally dispose of the animal.

Each research institution must establish a file for each dog or cat transferred to it which contains the breeder or true owner certification, all information required by federal law, and a brief description and photograph of the dog or cat.  These files must be open for public inspection for a period of at least two years from the date of acquisition of the animal.

Each research institution must adopt and operate under written policies governing the acquisition of animals to be used in biomedical or product research.  The policies must include at least the following: no research may be conducted on a pet animal without the written permission of the owner; and any animal acquired by the institution which is determined to be a pet must be returned to the owner unless the owner's written permission to retain the animal is obtained.  A person at the institution shall be designated as having the responsibility for investigating the possibility that an animal in the possession of the institution is a pet and must be responsible for facilitating the rapid return of any animal to its owner, unless the owner has given the institution retention authority.

In addition to any other penalties provided by law, violations of these provisions also constitute unfair and deceptive practices under the state's consumer protection statutes.  However, the maximum relief available from a research institution under those statutes is $2,500.

Fiscal Note:      Requested March 17, 1989.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    Jeff Orme, Vancouver Humane Society; Charles Ely, Humane Society and SPCA of Seattle/King County; Roger Childress, Washington Federation of Humane Societies; John Coulter, University of Washington; William Ferner, Washington State University; Mary Lee, CAPER; Dolores Nugent; Don Johnson; and Kathryn Holl.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    (1) Practices of certain "Class B" dealers who supply research institutions with animals from random sources have increased the incidence of pet-napping for profit.  The law provides scarcely any recourse for the owners of such pets.  (2) The bill would provide access to a paperwork trail which would aid in finding stolen pets. (3) Cats have become increasingly popular pets in densely urbanized areas, yet they do not enjoy the protections provided by law for dogs.  The bill provides those protections.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 97; Excused 1

Excused:    Representative Wang