ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: LAG DPA 4-2-0-1-0-0

HB 2858: Salt River horses; enforcement; bridge

Sponsor:  Representative Townsend, LD 16

Caucus & COW

Overview

Establishes requirements for removing a horse from the Salt River Horse Herd, defines and sets penalties for harassing these horses and establishes a fund to build a bridge for these horses.

History

The Salt River Horse Herd includes horses that inhabit and have historically live in and around the lower Salt River and Saguaro Lake in the Tonto National Forest and that lack marks that indicate ownership (A.R.S. § 3-1491(I)).

Statute prohibits harassing, shooting, injuring, killing or slaughtering a horse that is part of this herd. Anyone who does so is guilty of a class 1 misdemeanor, which is punishable by a fine or no more than $2,500 or six months imprisonment (A.R.S. §§ 13-707(A) and 13-802(A)). The Arizona Department of Agriculture (Department) or county sheriff can authorize someone to interfere with, take, chase, capture or euthanize a horse only for humane reasons (A.R.S. § 3-1491(A) and (B)).

Pursuant to statute, Arizona and the U.S. Forest Service have entered into an intergovernmental agreement that creates a plan for handling issues related to the Salt River Horse Herd (A.R.S. § 3-1491(E)). Additionally, the state can enter into an agreement with a private entity to address any issues related to this herd (A.R.S. § 3-1491(F)).

Provisions

Interacting with and Removing Horses (Sec. 1)

1.    Stipulates that any interaction with the Salt River Horse Herd must be limited to maintain the wild nature of horses in that herd.

2.    Requires the Governor to approve any plan to remove a horse that is part of the Salt River Horse Herd from the Lower Salt River and Saguaro Lake areas.

3.    Mandates that any such plan be posted on the Department's website before it or a county sheriff authorizes the removal of this horse.

4.    Directs the entity that removes the horse to document the removal and notify the Governor, President of the Senate, Speaker of the House of Representatives and the Department within 10 business days.

5.    Requires the Department to post this notice on its website.

Enforcement and Fines

6.    Forbids any private entity that the state has contracted with to address Salt River Horse Herd-related issues from engaging in law enforcement activities. (Sec. 1)

7.    Permits the Department or county sheriff to enforce the law related to the Salt River Horse Herd and issue citations for any violations. (Sec. 1)

8.    Declares that anyone who:

a)    Is not a Department or county sheriff employee and who attempts to induce another to submit to their authority to enforce the law related to the Salt River Horse Herd is guilty of a class 1 misdemeanor; and

b)    Harasses, shoots, injures, kills or slaughters a horse that is part of the Salt River Horse Herd is subject to a civil penalty. (Sec. 1)

9.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows the Commission to impose an $8,000 civil penalty against anyone who unlawfully takes, wounds, kills or possesses a horse that is part of the Salt River Horse Herd. (Sec. 3)

Salt River Horse Fund (Sec. 2)

10.  Establishes the Salt River Horse Fund, which consists of private grants, gifts, contributions and devises.

11.  Directs the Department to administer this fund.

12.  Declares the fund monies are continuously appropriated and exempt from lapsing.

13.  Instructs the Department to enter into an agreement with the Department of Transportation to construct a bridge for the Salt River Horse Herd where there are sufficient monies in the fund.

14.  Allows the Department and Department of Transportation to consult with a private entity that is addressing Salt River Horse Herd-related issues before constructing this bridge.

Miscellaneous

15.  Defines harass as it relates to the Salt River Horse Herd. (Sec. 1)

16.  Makes conforming changes. (Sec. 1)

Amendments

Committee on Land & Agriculture

1.    Exempts requiring a horse removal plan to be first approved by the Governor and posted on the Department's website before a horse from the Salt River Horse Herd can be removed in the event of an emergency.

2.    Lowers from $8,000 to $1,500 the cap on a civil penalty for someone harasses, shoots, injures, kills or slaughters a horse that is part of the Salt River Horse Herd.

3.    Allows the Department to assess this civil penalty instead of the Arizona Department of Game and Fish.

 

 

 

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                        HB 2858

Initials PAB     Page 0 Caucus & COW

 

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