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SB490 SUB1 Senate Bill 490 History

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COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 490

(By Senators Unger and Snyder)

____________

[Originating in the Committee on Agriculture and Rural Development;

reported March 26, 2013.]

____________

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-34-1, §19-34-2, §19-34-3, §19-34-4, §19-34-5 and §19-34-6, all relating to the regulation of equine boarding facilities; permitting rulemaking; and establishing criminal penalties.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §19-34-1, §19-34-2, §19-34-3, §19-34-4, §19-34-5 and §19-34-6, all to read as follows:

ARTICLE 34. EQUINE FACILITIES AND CARE ACT.

§19-34-1. Definitions.

    The following words, when used in this article, have the meaning ascribed unless the context clearly indicates otherwise:

    “Board facility” means a facility that charges a daily, weekly, monthly, biannual or annual fee for boarding equines but does not include race track boarding facilities.

    “Boarding” means field board with run-in shelter and/or stall kept with turn out.

§19-34-2. Minimum care requirements for all boarding facilities.

    Minimum care guidelines for boarding facilities shall be established by the Livestock Care Board.

§19-34-3. Minimum contract terms with equine owner or responsible party.

    The following minimum terms and conditions will be clearly set forth in a written contract between the equine owner or responsible party and the owner of the boarding facility:

    (1) The purchasing and feeding of grain and other supplements;

    (2) The base boarding price with a line item breakdown of additional costs for services and commodities; and

    (3) The responsible party for arranging that the animals be dewormed and immunized pursuant to the recommendations of the American Association of Equine Practitioners.

§19-34-4. Miscellaneous provisions.

    (a) Boarding facilities shall require that all equines receive a negative Coggins test within thirty days prior to residency and require proof from the equine owner or responsible party that this test has been performed with negative results.

    (b) A responsible employee or owner of the facility shall be on site at least daily for a sufficient amount of time necessary to meet the minimum needs of the animals.

    (c) The boarding facility shall monitor and enforce health and safety regulations and maintain a written protocol for this purpose.

§19-34-5. Legislative rules.

    The Commissioner of Agriculture or the Livestock Care Board may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code for purposes of implementing and monitoring this article and shall consider standards in the equine industry and equine professional organizations in the development of proposed rules.

§19-34-6. Penalties.

    A person who violates a provision of this article or rules adopted hereunder is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $250 for the first offense, and for a second or subsequent offense shall be fined not less than $150 nor more than $1,000.





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    (NOTE: The purpose of this bill is to regulate equine boarding facilities.


    This article is new; therefore, strike-throughs and underscoring have been omitted.)

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