BILL REQ. #:  H-3935.1 

Read first time 01/18/08.   Referred to Committee on Judiciary.

     AN ACT Relating to the wrongful injury or death of a companion animal; amending RCW 4.24.320; and adding a new section to chapter 4.24 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 4.24 RCW to read as follows:
     (1) An owner of a companion animal has a cause of action for the wrongful injury or death of a companion animal against any person who unlawfully and by willful, intentional, malicious, wanton, reckless, or negligent act or omission kills, causes or procures the death of, injures, or causes or procures to be injured, a companion animal. The owner may recover all economic damages suffered as a result of the injury or death, including, but not limited to, damages for the actual value of the companion animal to the owner, veterinary expenses and other special care expenses incurred on behalf of the companion animal, including veterinary expenses incurred to restore the companion animal to its prior condition, burial expenses of a deceased companion animal, and other expenses incurred by the owner in rectifying the effects of, or as a consequence of, the pain, suffering, or injuries to the companion animal.
     (2) The remedy provided by this section is in addition to, and does not replace or supplant, any other remedy provided by law. Nothing in this section is intended to alter or limit any remedies that may be available in an action for intentional infliction of emotional distress or malicious injury to a companion animal.
     (3) An action to recover damages under this section shall be commenced within three years from the date of injury or death or from the date when the owner knew, or in the exercise of reasonable diligence should have known, of the factual basis for a cause of action.
     (4) For the purposes of this section:
     (a) "Actual value" means the intrinsic or peculiar value of the companion animal to the owner, and is not limited to the market value or replacement value of the companion animal. "Actual value" does not include extraordinary or unusual sentimental value of the companion animal to the owner.
     (b) "Companion animal" means any nonhuman mammal, bird, reptile, fish, or amphibian, that is lawfully owned or possessed and is under the care, custody, or ownership of a person, but does not include any animal raised solely for meat production, production of products from the animal, or breeding purposes, nor does it include any wildlife as defined by RCW 77.08.010, nor any animal regulated under federal law as a research animal.

Sec. 2   RCW 4.24.320 and 2005 c 419 s 2 are each amended to read as follows:
     (1) Any person who suffers damage to livestock as a result of actions described in RCW 16.52.205 ((or)), any owner of livestock who suffers damage as a result of a willful, unauthorized act described in RCW 9A.56.080 or 9A.56.083, or any owner of a companion animal who suffers damage as a result of actions described in RCW 16.52.205, may bring an action against the person or persons committing the act in a court of competent jurisdiction for exemplary damages up to three times the actual damages sustained, plus attorney's fees.
     (2) As used in this section((,)):
     (a) "Livestock" means the animals specified in RCW 9A.56.080; and
     (b) "Companion animal" has the meaning given in section 1 of this act.