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Introduced Version House Bill 2690 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2690


(By Delegates Talbot, Argento, Pethtel,
Swartzmiller, Tabb, Beach, Williams,
Anderson, Evans, Schoen and C. Miller)
[Introduced February 20, 2009; referred to the
Committee on Agriculture then the Judiciary.]


A BILL to amend and reenact §19-9-28, §19-9-29, §19-9-30, §19-9-31, §19-9-32, §19-9-33, §19-9-34 and §19-9-34a of the Code of West Virginia, 1931, as amended, all relating to updating language pertaining to indemnity for the death of diseased or infected animals; deleting outdated amounts paid to appraisers and arbitrators for services rendered; and disposing of dead domesticated animals.

Be it enacted by the Legislature of West Virginia:
That §19-9-28, §19-9-29, §19-9-30, §19-9-31, §19-9-32, §19-9-33, §19-9-34 and §19-9-34a of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 9. DISEASES AMONG DOMESTIC ANIMALS AND EUTHANASIA OF DISEASED ANIMALS.
§19-9-28. Indemnity for euthanizing infected or exposed animals; agreement.

Whenever, to prevent the spread of any communicable disease, which cannot be cured or controlled by isolation and adequate or proper veterinary treatment, it shall be deemed necessary by the commissioner or any of his or her agents to cause any animal found to be infected with or directly exposed to any infectious, contagious or communicable disease, which cannot be cured or controlled by isolation and adequate or proper veterinary treatment, to be killed euthanized, and if the owner of such the animal shall desire to receive indemnity therefor, he the owner shall be required by the commissioner before the appraisal and slaughter death of the animal to execute an agreement that he the owner will thoroughly clean and disinfect all premises that may have been infected by such the animal in such a manner as the commissioner may prescribe, and, in case such the animal is has tuberculous tuberculosis, that he the owner will have his the entire herd of bovine animals tested with tuberculin by the commissioner or his or her agent at such times as the commissioner may designate, and will not admit to his the herd any bovine animal that has not given a negative reaction to the test. Such The agreement shall be in duplicate, one copy to be retained by the signer, and on such a form as the commissioner shall prescribe, and shall be signed by the owner or his or her agent. and The agreement shall be effective for a period of two years from the date thereof. All such animals, for which indemnity is claimed by the owner, shall be appraised before being slaughtered, euthanized, and the owners owner be indemnified as hereinafter provided: Provided, however, That any animal infected with rabies may be slaughtered euthanized by the owner or any person authorized to do so without such an agreement and appraisal first being had, and if the disease is caused by the bite of a dog, the animal shall be appraised and compensation therefor obtained as provided in article twenty of this chapter.
§19-9-29. When right of indemnity does not exist.
The right of indemnity shall not exist nor shall payment be made in any of the following cases:
(a) For animals owned by the United States, this state, or any county, city, town or village in this state;
(b) For animals brought into this state contrary to the provisions of this article, or where the owner of the animals or person claiming compensation has failed to comply with the provisions of the same this article;
(c) When the owner or claimant at the time of coming into possession of the animal knew or had reason to believe it to be afflicted with a communicable disease;
(d) When the owner has been guilty of negligence or carelessly exposed such animals to a communicable disease; and
(e) When the owner has refused or neglected to comply with the sanitary requirements of the commissioner of agriculture or his or her agents.
(f) When the animals are fully sexed males over six months of age and are not registered.
§19-9-30. Appraisal of infected or exposed animals; amount; arbitration; fees of arbitrators.

The commissioner or his or her agent shall act as appraiser and appraise each infected or directly exposed animal within five days prior to the date of slaughter euthanizing the animal, basing the amount upon the class and market value of the animal at the time of the appraisal, whether for breeding purposes or for milk or meat production. Animals reacting to any approved test, but not exhibiting any physical evidence of disease, shall be appraised without considering the presence of a diseased condition, but animals exhibiting any physical evidence of disease shall be appraised as infected animals: Provided, however, That where indemnities are claimed for directly exposed animals slaughtered on account of being infected with rabies, appraisement shall be based on the value of the animal before it became infected. The amount of appraisal for a nonregistered equine animal shall not exceed seventy-five dollars, for a registered equine animal one hundred dollars, for a nonregistered bovine animal one hundred and fifty dollars, for a registered bovine animal two hundred and fifty dollars, for a nonregistered swine twenty-five dollars, for a registered swine forty dollars, for a nonregistered sheep ten dollars, and for a registered sheep twenty-five dollars. If the amount of appraisal of any animal, as determined by the appraiser, is not satisfactory to the owner of the animal, a written notice of such this fact setting forth the reason for complaint shall be made at once to the appraiser. The amount of the appraisal shall then be determined by arbitrators, one to be appointed by the appraiser and one by the owner of the animal. If these arbitrators are not able to agree as to the amount of appraisal, a third arbitrator shall be appointed by them, whose decision shall be final. Each arbitrator shall be paid one dollar for each appraisement of five or less than five animals, and two dollars if more than five animals are appraised. Compensation for the arbitrators appointed by the owner and the appraiser shall be paid by the party appointing such the arbitrator, and in case a third arbitrator is chosen, such the arbitrator shall be paid by the party against whom the decision is made.
§19-9-31. Certificate of appraisal.
When the animal is to be slaughtered euthanized, the commissioner or his or her agent shall make and deliver to the owner a certificate of appraisal which may cover any number of animals belonging to the same owner, showing the age and description of each animal found to be infected or directly exposed, the name and place of test, if any, the mark or brand as tuberculous, and any other mark or brand which the animal may bear, the date when and the place to which where the animal was sent for slaughter is to be euthanized by the veterinarian, the designation of the officer who is to supervise the slaughter, the appraised value of each animal, the name and address of the owner of the animal and the fact that he or she has executed the agreement as provided in section twenty-eight of this article.
§19-9-32. Slaughter Euthanizing of diseased animals; supervision; certificate of slaughter euthanizing.

After the agreement has been executed, appraisal made and certificate thereof issued, the commissioner or his or her agent shall cause the animal to be slaughtered euthanized and the carcass disposed of in accordance with the meat inspection regulations of the United States bureau of animal industry Department of Agriculture, or in such manner as the commissioner shall prescribe. The officer supervising the slaughter euthanizing shall, immediately thereafter, indorse upon or add to the certificate of appraisement appraisal provided for in section thirty-one of this article a certificate of slaughter euthanizing stating that he or she has witnessed the slaughter euthanizing of each of the animals, the place and date thereof, that the number, age, description and brand or mark correspond to those given in the certificate of appraisal, the result of his or her post-mortem examination, the disposition made of the carcass and the price received for the same by amount paid to the veterinarian, which price amount shall be paid to the owner and credited on the amount of appraisal: Provided, That in case animals are slaughtered euthanized as having had tuberculous tuberculosis the appraisal certificate shall be credited in the manner provided in section thirty-six of this article.
The slaughter euthanizing may be supervised and certificate thereof may be made by the commissioner or any of his or her agents or any person possessing the authority of an agent or an officer of the United States bureau of animal industry Department of Agriculture. The commissioner may require such that other particulars to requirements be added to either of said the certificates or the affidavits hereinafter required, and may make and enforce such rules and regulations governing the handling, shipping and slaughter euthanizing of such animals, as may be deemed necessary.
§19-9-33. Payment of indemnity.
All claims for indemnity for animals slaughtered euthanized as tuberculous shall be paid in the manner prescribed in section thirty-seven of this article. In all other cases when animals are slaughtered euthanized as provided by the this article the veterinarian shall forthwith forward the certificates of appraisal and slaughter euthanizing, together with the owner's claim for indemnity, and his or her affidavit that he or she has, in all respects, complied with the agreement provided for in section twenty-eight of this article and with the requirements of the commissioner in respect thereto, to the commissioner, who shall, if the same is found to be correct and the claim not barred by the provisions of section twenty-nine of this article, approve and file the same. The commissioner shall, at the end of each fiscal year, issue his or her requisition to the State Auditor for two thirds of the value of the certificates of appraisal so approved: Provided, That in case of an outbreak of foot-and-mouth disease, or any other dangerously contagious or infectious disease among bovine animals, ovine animals, or swine, on account of which bovine animals, ovine animals, or swine are being destroyed euthanized by cooperative order of federal and state authority, and for which animals so destroyed euthanized the federal government pays one half of the indemnity herein provided for, this state shall pay one half, and only one half, of such indemnity. The State Auditor shall issue his or her warrant on the State Treasurer, in favor of the claimant, for the amount ordered by the commissioner, which amount shall be paid out of the current appropriation made for carrying out the provisions of this article: Provided further, however, That in case the amount of such the certificates of appraisal, and those similarly provided for in section thirty-seven of this article, in any one year, shall exceed the current appropriation therefor, such the certificates shall be paid pro rata at the end of each fiscal year.
§19-9-34. Disposal of carcass of diseased animal.
Whenever it shall be is necessary to destroy or dispose of the carcass of any animal to prevent the spread of disease, such the destruction or disposal shall be made by one of the following methods designed to be protective of human health and the environment. The methods include, but are not limited to the following: (a) Complete cremation of the entire carcass with all its parts and products; (b) boiling the carcass and all its parts and products in water or heating the same with steam at the temperature of boiling water, continuously during at least two hours; (c) burial disposing of the carcass and all its parts and products in a solid waste landfill permitted and approved by the Department of Environmental Protection; and (d) burial of the carcass and all its parts and products in a place that shall will not be subjected to overflow from ponds or streams, and which shall be distant a distance of not less than one hundred feet from any watercourse, well, or spring, public highway, house or stable. In burying such the carcass it shall be covered with quicklime to a depth of not less than three inches, and the top of such carcass shall not be within two feet of the surface of the ground when the grave is filled and smoothed to the level of the surrounding surface; (e) rendering by a licensed facility; and (f) composting. Such grave shall be so protected that the carcass may not be accessible to dogs or other animals Whenever any animal infected with any communicable disease shall die or be killed euthanized, it shall be the duty of the owner of such the animal at once to destroy or dispose of the carcass of such the animal in the manner provided in this section. It shall be unlawful to sell any such carcass or any part thereof or any hide or offal therefrom. If the owner of such animal shall not within twenty-four hours dispose of the carcass as provided by law, it shall be the duty of the commissioner, or his or her agent, to cause the same carcass to be destroyed or disposed of according to law, at the cost of such the owner. The expense of such destruction or disposal may be collected from such the owner as debts of like amount are by law collectible.
§19-9-34a. Authority of commissioner to promulgate rules regulating disposal of dead poultry animals.

Notwithstanding any other provision of the law to the contrary, the commissioner of agriculture is authorized to promulgate rules to regulate the disposal of dead poultry or other domestic fowl animals by persons, firms or corporations engaged in growing poultry or other domestic fowl for commercial purposes. Said The rules shall encompass disposal methodologies of composting, incineration and rendering and shall include emergency situations of flock depopulation, abnormal death losses or serious disease outbreak, all in accordance with the provisions of chapter twenty-nine-a of this code.


NOTE: The purpose of this bill is to update language pertaining to indemnity for the death of diseased or infected animals; deleting outdated amounts paid to appraisers and arbitrators for services rendered; and disposing of dead domesticated animals.

This bill is recommended for passage by the Interim Committee on Agriculture and Agribusiness.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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