*Sponsorship has changed since the bill was introduced
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REFERENCE TITLE: Salt River horses; enforcement; bridge |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2858 |
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*Introduced by Representative Townsend
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AN ACT
amending section 3‑1491, Arizona Revised Statutes; amending title 3, chapter 11, article 11, Arizona Revised Statutes, by adding section 3‑1493; amending section 17‑314, Arizona Revised Statutes; relating to horses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 3-1491, Arizona Revised Statutes, is amended to read:
3-1491. Salt River horse herd; necessary interaction; written authorization; notification requirements; violations; classification; civil penalty; definitions
A. A person shall not harass, shoot, injure, kill or slaughter a horse that is part of the Salt River horse herd.
B. A person shall not interfere with, take, chase, capture or euthanize a horse that is part of the Salt River horse herd without written authorization from either the department or the county sheriff. The department or the county sheriff may provide written authorization pursuant to this subsection only for humane purposes.
C. If an incident occurs that requires interaction with the Salt River horse herd in order to protect the safety or health of a horse that is or horses that are part of the Salt River horse herd or the public, a private or public entity may address the incident after obtaining written authorization from either the department or the county sheriff.
D. Any interaction, including feeding and human interaction, with the Salt River horse herd pursuant to this section shall be limited in order to maintain the wild nature of the horses that are part of the Salt River horse herd.
E. If a horse that is part of the Salt River horse herd must be removed from the lower Salt River and Saguaro Lake areas, the plan for removal must be approved by the governor and posted on the department's website before the department or county sheriff authorizes the removal pursuant to subsection B of this section. The entity that removes the horse shall document the removal and notify the governor, the president of the senate, the speaker of the house of representatives and the department within ten business days after the removal. On receipt of the notice, the department shall post the notice on the department's website.
D. F. If a horse has any brand or other mark that indicates ownership, the department shall attempt to prove ownership of the horse or the county sheriff shall contact the department to attempt to establish ownership of the horse. If the department cannot prove ownership of the horse, the department or the county sheriff may provide written authorization pursuant to this section.
E. G. This state shall enter into an agreement pursuant to section 11‑952 with the United States forest service to implement this article or to address any issue relating to the Salt River horse herd.
F. H. This state may enter into an agreement with a private entity to address any issue relating to the Salt River horse herd, except that the private entity may not engage in law enforcement activities.
G. I. A horse that is part of the Salt River horse herd is not a stray animal as defined in section 3‑1401 and is not subject to sections 3‑1371 and 3‑1402.
J. The department or the county sheriff may enforce this section and issue citations for a violation of this section.
K. A person who is not an employee of the department or the office of the county sheriff and who engages in any conduct with the intent to induce another to submit to the person's authority to enforce this section is guilty of a class 1 misdemeanor.
H. L. A person who violates subsection A of this section is guilty of a class 1 misdemeanor and is subject to a civil penalty as provided by section 17‑314, if applicable.
I. M. For the purposes of this section: ,
1. "Harass" means any of the following:
(a) Approaching a horse that is part of the Salt River horse herd at a distance of less than fifty feet with malicious intent.
(b) Disturbing natural behavior of the Salt River horse herd, including throwing objects, intentionally spooking and aerial interference with an aircraft or unmanned aircraft as defined in section 13‑3729.
(c) feeding a horse that is part of the Salt River horse herd without written authorization from the department or the county sheriff pursuant to this section.
2. "Salt River horse herd" includes the horses that inhabit and that have historically lived 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.
Sec. 2. Title 3, chapter 11, article 11, Arizona Revised Statutes, is amended by adding section 3-1493, to read:
3-1493. Salt River horse fund; exemption; bridge construction; definition
A. The Salt River horse fund is established consisting of private grants, gifts, contributions and devises to assist in carrying out the purposes of this section. The department shall administer the fund. Monies in the fund are CONTINUOUSLY appropriated. monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
B. When there are sufficient monies in the Salt River horse fund, the arizona department of agriculture shall enter into an agreement with the department of transportation to construct a bridge for the salt river horse herd.
C. The Arizona department of agriculture and the department of transportation may consult with a private entity that has an agreement with this state pursuant to section 3‑1491, subsection H to address any issues relating to the Salt River horse herd before constructing a bridge pursuant to this section.
D. For the purposes of this section, "Salt River horse herd" has the same meaning prescribed in section 3-1491.
Sec. 3. Section 17-314, Arizona Revised Statutes, is amended to read:
17-314. Illegally taking, wounding, killing or possessing wildlife; civil penalty; enforcement
A. The commission may impose a civil penalty against any person for unlawfully taking, wounding, killing or possessing any of the following wildlife, or part thereof, to recover the following minimum sums:
1. For each turkey or javelina $ 500.00
2. For each bear, mountain lion, pronghorn (antelope)
or deer $1,500.00
3. For each elk or eagle, other than
endangered species $2,500.00
4. For each predatory, fur-bearing or nongame animal $ 250.00
5. For each small game or aquatic wildlife animal $ 50.00
6. For each bighorn sheep, each bison (buffalo), or each endangered species animal or each horse that is part of the Salt River horse herd as defined in section 3‑1491 $8,000.00
B. The commission may bring a civil action in the name of this state to enforce the civil penalty. The civil penalty, or a verdict or judgment to enforce the civil penalty, shall not be less than the sum fixed in this section. The minimum sum that the commission may recover from a person pursuant to this section may be doubled for a second violation, verdict or judgment and tripled for a third violation, verdict or judgment. The action to enforce the civil penalty may be joined with an action for possession and recovery had for the possession as well as the civil penalty.
C. The pendency or determination of an action to enforce the civil penalty or for payment of the civil penalty or a judgment, or the pendency or determination of a criminal prosecution for the same taking, wounding, killing or possession, is not a bar to the other, nor does either affect the right of seizure under any other provision of the laws relating to game and fish.
D. All monies recovered pursuant to this section shall be deposited in the wildlife theft prevention fund established by section 17‑315.