SENATE BILL REPORT

SB 5827

BYSenators Barr and Moore

Providing pet identification and certification procedures to minimize theft.

Senate Committee on Agriculture

Senate Hearing Date(s):February 24, 1989

Majority Report:  That Substitute Senate Bill No. 5827 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Gaspard, Hansen, Madsen, Newhouse.

Senate Staff:David Monthie (786-7198)

                  February 27, 1989

AS REPORTED BY COMMITTEE ON AGRICULTURE, FEBRUARY 24, 1989

BACKGROUND:

Existing state law provides that the theft or killing of a dog with the intent to deprive the owner of it is a gross misdemeanor subject to up to one year's confinement in the county jail and a fine of no more than $1,000.  There is no similar criminal penalty for other domestic pets.  There have been recent accounts of persons stealing pets, particularly dogs, and selling them to biomedical research institutions or to dealers who sell them to such institutions.  Although federal law provides some regulation of such dealers and of procedures with regard to biomedical research on animals, there is little state or federal law that specifically addresses measures to attempt to prevent or penalize theft of pets for this purpose.

SUMMARY:

Pet animal and research institutions are defined.  Existing criminal statutes with regard to theft and killing of dogs are expanded to all pet animals, and the $1,000 limit on the criminal fine is deleted.  The theft of pet animals and sale or transfer to research institutions is made a class C felony.  All persons who sell animals to research institutions are required to sign certifications, under penalty of perjury, as to the ownership of the animal.  All research institutions are required to maintain files on animals sold or transferred to them, with specific information as to source and identifying characteristics, and with photographs.  All research institutions are required to have written policies as to the nonuse of pet animals in research, and for the rapid return to the true owner of any animals that are pet animals.  A committee is established to recommend to the Legislature by December 1, 1989, some method of permanent identification for pets.  Violations of the act are made an unfair or deceptive practice.  A statement of intent is made not to interfere with the operation of statutes pertaining to cruelty to animals or to higher education.  An emergency clause is included.

EFFECT OF PROPOSED SUBSTITUTE:

The provision establishing a committee on permanent identification systems is deleted.  Penalties imposed against research institutions under RCW 19.86 are limited to monetary penalties not to exceed $2,500.  Lawful acts of humane societies, animal control agencies, and animal shelters are exempt from the provisions regarding criminal penalties.  Animals obtained by research institutions from sources outside the United States are exempt from the certification requirement.  The requirement that institutions maintain publicly available files is limited to acquisitions of dogs or cats from outside sources.  A statement that the bill is not intended to interfere with biomedical research is added.  Other minor or technical changes are made.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 17, 1989

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

Appointments by Legislature Required:     An eight-member committee, composed of one person from each of the following, appointed jointly by the President of the Senate and the Speaker of the House: (1) University of Washington Health Sciences Division; (2) Washington State University Veterinary Medical School;  (3) animal welfare or rights organization; (4) humane societies; (5) Department of Agriculture; (6) Department of Trade and Economic Development; (7) local government animal control agencies; (8) Washington State Veterinary Medical Association.

Senate Committee - Testified: Robert Smith, Washington State University (pro); John Coulter, University of Washington (pro); Barbara Johnston, Hutchinson Cancer Research Center (pro); Jeanne Werner, Washington State Federation of Humane Societies (pro); Jeffrey Orme, Vancouver Humane Society (pro); Rick Luther, Black Diamond Police Department (pro); Kathryn Holl, Clallam County Humane Society (pro); Dolores Nugent (pro); Nonnie Walsh (pro); Don Johnson (pro)