FINAL BILL REPORT

HB 2001

                                  C 286 L 89

BYRepresentatives Rayburn, Baugher and Sayan

Revising provisions regarding livestock.

House Committe on Agriculture & Rural Development

Senate Committee on Agriculture

SYNOPSIS AS ENACTED

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 restricted areas 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 resulting from 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 willfully or negligently permitting the livestock to run at large in a stock restricted area or to stray onto the right-of-way of a public highway with two or more lanes within a stock restricted area.

SUMMARY:

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

A county legislative authority may designate a special open range area within which only cattle may run at large.  Livestock are prohibited from running at large on the right-of-way of any public highway in a stock restricted area, not just the right-of-way of such highways with two or more lanes.  The authority of horses to run at large in certain circumstances is repealed.

The owner of swine is liable for damages, but not treble damages, for damage caused by the swine during a second or subsequent act of trespass.  The amount due to a person who has restrained a trespassing animal under certain circumstances is the reasonable cost of keeping the animal, rather than 50 cents per day, and the amount that may be charged by the person for gelding the animal is increased to a reasonable amount.  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The penalty for failing to corral livestock when examining a herd for estrays is repealed.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 both referred to as estrays.

VOTES ON FINAL PASSAGE:

      House 93   0

      Senate    42     1 (Senate amended)

      House 97   0 (House concurred)

EFFECTIVE:July 23, 1989