House Engrossed

State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016

HOUSE BILL 2340

 

AN ACT

 

Amending Title 3, chapter 11, Arizona Revised Statutes, by adding article 11; relating to horses.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 3, chapter 11, Arizona Revised Statutes, is amended by adding article 11, to read:

ARTICLE 11.  HORSES

START_STATUTE3-1491.  Salt River wild horse herd; necessary interaction; written authorization; violation; classification; definition

A.  A person may not manage, harass, take, shoot, chase, capture, kill, slaughter or euthanize a horse that is part of the Salt River wild horse herd without written authorization from either the United States forest service or the county sheriff, whichever entity has jurisdiction over the area in which the Salt River wild horse herd is located.

B.  If an incident occurs that requires interaction with the Salt River wild horse herd in order to protect the safety or health of the horses that are part of the Salt River wild horse herd or the public, a private or public entity may address the incident after obtaining written authorization from either the United States forest service or the county sheriff, whichever entity has jurisdiction over the area in which the incident occurred.

C.  A horse that is part of the Salt River wild horse herd is not a stray animal as defined in section 3‑1401 and is not subject to sections 3‑1371 and 3‑1402.

D.  A person who violates subsection a of this section is guilty of a class 1 misdemeanor. 

E.  For the purposes of this section, "Salt River wild horse herd" includes the horses that inhabit and that have historically lived and have natural migration patterns in and around the lower Salt River and Saguaro Lake areas in the Tonto National Forest and that do not have a brand or other mark that indicates ownership. END_STATUTE

START_STATUTE3-1492.  Unlawful release of a domesticated horse; violation; classification

A person who intentionally releases a domesticated horse into the wild is guilty of a class 1 misdemeanor. END_STATUTE

Sec. 2.  Legislative findings

The legislature finds and declares the following:

1.  The Salt River wild horse herd is a unique population of animals that the residents of and visitors to this state enjoy viewing.

2.  The Salt River wild horse herd and future offspring are an economic, recreational and historical asset to this state.

3.  Records on file with the Arizona state library, archives and public records document the existence of the Salt River wild horse herd as early as 1890.

4.  Although it is impossible to designate the herd as wild or feral, or both, the residents of this state value the herd as a state treasure, and every effort must be made to preserve the natural and historical existence of the herd in the Salt River and Saguaro Lake areas.