Senate Bill No. 254
(By Senator Unger)
[Introduced January 8, 2014; referred to the Committee on Agriculture and Rural Development; and then to the Committee on the Judiciary.]
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.
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.
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.
Boarding facilities shall provide the following:
(1) Fresh, clean water in adequate volume and accessible at all times;
(2) Fresh hay in adequate amount and sufficient pasture for grazing;
(3) Adequate, clean bedding requiring, at a minimum, that stalls be mucked once per day;
(4) Sufficient exercise; and
(5) Adequate shelter which, for field boarded equines, must be a structure or structures other than or in addition to trees.
§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 equine be wormed every eight weeks and for the administration of the appropriate immunizations either by the owner of the equine or a licensed equine veterinarian.
§19-34-4. Miscellaneous provisions.
(a) Boarding facilities shall require that all equines receive a Coggins test 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 eight hours every day of the week.
(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 shall 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.
A person who violates a provision of section two, three or four of this article or rules adopted hereunder is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for the first offense, and for a second or subsequent offense shall be fined not less than $250 nor more than $3,000.
NOTE: The purpose of this bill is to regulate equine boarding facilities.
This article is new; therefore, strike-throughs and underscoring have been omitted.