AN ACT Relating to pet theft prevention, pet protection, and certification to minimize theft or unintentional sale for biomedical research purposes; amending RCW 9.08.070; adding new sections to chapter 9.08 RCW; creating new sections; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 9.08 RCW to read as follows:

As used in section 3 of this act and RCW 9.08.070:

(1) "Pet animal" means an animal legally sold or retained by a person for domestic purposes.

(2) "Research institution" means any facility licensed by the United States department of agriculture to use animals in biomedical or product research.

Sec. 2. Section 1, chapter 114, Laws of 1982 and RCW 9.08.070 are each amended to read as follows:

(1) Any person who, with intent to deprive or defraud the owner thereof, does any of the following shall be guilty of a gross misdemeanor:

((~~(1)~~)) (a) Takes, leads away, confines, secretes or converts any ((~~dog~~)) pet animal, except in cases in which the value of the ((~~dog~~)) pet animal exceeds two hundred fifty dollars;

((~~(2)~~)) (b) Conceals the identity of any ((~~dog~~)) pet animal or its owner by obscuring, altering, or removing from the ((~~dog~~)) pet animal any collar, tag, license, tattoo, or other identifying device or mark; or

((~~(3)~~)) (c) Willfully or recklessly kills or injures any ((~~dog~~)) pet animal, unless excused by law.

((~~Such violations shall be punished by imprisonment in the county jail for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment.~~))

(2) Except as otherwise permitted by law, any person who, with knowledge or with reason to know that the pet animal is stolen or that the pet animal's owner has not consented, does any of the following, shall be guilty of a class C felony:

(a) Sells or otherwise directly transfers a pet animal to a research institution in the state of Washington; or

(b) Sells or otherwise transfers a pet animal to another person who regularly sells animals to research institutions in the state of Washington.

NEW SECTION. Sec. 3. A new section is added to chapter 9.08 RCW to read as follows:

(1) All transfers of animals to research institutions in this state, whether by sale or otherwise, shall conform with federal laws and shall be accompanied by one of the following written certifications, dated and signed under penalty of perjury:

(a) Breeder certification: A written statement certifying that the person signing the certification is a United States department of agriculture-licensed class A dealer whose business license in the state of Washington includes only those animals that the dealer breeds and raises as a closed or stable colony and those animals that the dealer acquires for the sole purpose of maintaining or enhancing the dealer's breeding colony, that the animal being sold is one of those animals, and that the person signing the certification is authorized to do so.

(b) True owner certification: A written statement certifying that the animal being transferred is owned by the person signing the certification, and that the person signing the certification either (i) has no personal knowledge or reason to believe that the animal is a pet animal, or (ii) consents to having the animal used for research at a research institution. The certification shall also state the date that the owner obtained the animal, and the person or other source from whom it was obtained.

(2) In addition to the foregoing certification, all research institutions in this state shall open at the time an animal is transferred to it a file that contains the following information for each animal transferred to the institution:

(a) All information required by federal law;

(b) The certification required by this section; and

(c) A brief description of the animal (e.g. breed, color, sex, any identifying characteristics), and a photograph of the animal if it is acquired from a source other than a United States department of agriculture-licensed class A dealer.

The brief description may be contained in the written certification.

These files shall be maintained and open for public inspection for a period of at least two years from the date of acquisition of the animal.

(3) All research institutions in this state shall, within one hundred eighty days of the effective date of this act, adopt and operate under written policies governing the acquisition of animals to be used in biomedical or product research at that institution, which shall be binding on all employees, agents, or contractors of that institution. These policies must contain, at a minimum, the following provisions:

(a) Animals shall be acquired in accordance with the federal animal welfare act, public health service policy, and other applicable statutes and regulations;

(b) No research may be conducted on a pet animal without the written permission of the pet animal's owner;

(c) Any animal acquired by the institution that is determined to be a pet animal shall be returned to its legal owner, unless the institution has the owner's written permission to retain the animal; and

(d) A person at the institution shall be designated to have the responsibility for investigating any facts supporting the possibility that an animal in the institution's possession may be a pet animal, including any inquiries from citizens regarding their pets. This person shall advise citizens of their right to prompt review of the institution's relevant files, and shall be responsible for facilitating the rapid return of any animal determined to be a pet animal to any legal owner who has not given the institution permission to have the animal or transferred ownership of it to the institution.

NEW SECTION. Sec. 4. A committee is created to recommend the establishment of a permanent method to identify pet animal ownership. The committee shall evaluate whether a pet animal tattoo, microchip, or other type of system should be implemented in Washington, and if so, how such a system should be implemented. The committee shall present recommendations to the legislature by December 1, 1989. The committee shall be appointed jointly by the president of the senate and the speaker of the house of representatives, and shall be composed of one person representing each of the following entities:

(1) University of Washington, health services division;

(2) Washington State University, veterinary medicine school;

(3) Animal welfare or rights organizations;

(4) Humane societies;

(5) Department of agriculture;

(6) Department of trade and economic development;

(7) Local government animal control agencies; and

(8) Washington state veterinary medicine association.

NEW SECTION. Sec. 5. Any violation of section 2 or 3 of this act constitutes an unfair or deceptive practice in violation of chapter 19.86 RCW.

NEW SECTION. Sec. 6. No provision of this act shall in any way interfere with or impair the operation of chapter 16.52 RCW, relating to the prevention of cruelty to animals, or Title 28B RCW, relating to higher education. The provisions of sections 2 and 3 of this act are cumulative and nonexclusive and shall not affect any other remedy.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.