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House Engrossed Senate Bill
veterinary medical examining board; continuation (now: Salt River horse herd) |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SENATE BILL 1199 |
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AN ACT
AMENDING section 3-1491, Arizona Revised Statutes; relating to the salt river horse herd.
(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; violations; classification; definitions
A. A person shall not intentionally harass, shoot, injure, kill or slaughter a horse that is or was 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. 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 and the horse is not identified as part of the salt river horse herd, the department or the county sheriff may provide written authorization pursuant to this section to remove and transfer the UNIDENTIFIED horse to a private entity that has a valid agreement with this state to address issues relating to the salt river horse herd and that may adopt out the UNIDENTIFIED horse through an adoption contract.
E. 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. The department shall post the agreement on its website.
F. This state may enter into an agreement with a private entity to address any issue relating to the Salt River horse herd. this state shall give preference to an entity that has a proven record and EXPERIENCE addressing issues RELATing to the salt river horse herd. The department shall post the agreement on the department's website.
g. THe department shall maintain a genetically viable salt river horse herd consistent with genetic viability standards and peer reviewed studies as they evolve and become AVAILABLE. The department shall make publicly available on the department's website all genetic assessment data and all corresponding scientific studies on which the ASSESSMENT relies.
G. h. 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.
H. i. A person who violates subsection A of this section is guilty of a class 1 misdemeanor. A person who violates subsection B of this section is guilty of a petty offense.
I. j. For the purposes of this section: ,
1. "interfere with" includes:
(a) approaching a horse that is part of the salt river horse herd at a DISTANCE of less than fifty feet while a horse that is part of the salt river horse herd is present.
(b) approaching an authorized salt river horse herd feeding station at a DISTANCE of less than fifty feet.
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. Salt River horse herd; management agreement; genetic study; moratorium on removal; delayed repeal; definition
A. The Arizona department of agriculture shall contract for an independent genetic assessment of the Salt River horse herd. The testing shall employ generally accepted genetic analysis methodologies that include measures of effective population size, allelic diversity and inbreeding coefficients.
B. The Arizona department of agriculture shall award the contract for genetic testing consistent with the competitive bidding process prescribed in title 41, chapter 23, Arizona Revised Statutes, with preference given to providers with a demonstrated expertise in equine genetics.
C. Notwithstanding section 3-1491, Arizona Revised Statutes, as amended by this act, a private entity that has entered into a contract with this state to address any issues relating to the Salt River horse herd may not do either of the following:
1. Remove any horse that is part of the Salt River horse herd if the herd maintains a negative growth rate unless removal is necessary to prevent or alleviate the suffering of an individually assessed horse and not for population control.
2. Employ fertility control and population control measures other than nonhormonal fertility control vaccines that preserve the mare's natural reproductive cycle and natural behavior.
D. Notwithstanding section 3-1491, Arizona Revised Statutes, as amended by this act, the Arizona department of agriculture may not enter into any new agreement with a private entity to address any issue relating to the Salt River horse herd that includes an obligation to remove horses that are part of the Salt River horse herd from the herd.
E. This section does not impair any obligations that this state incurred through an agreement between this state and the United States forest service before the effective date of this act.
F. This section is repealed from and after June 30, 2029.
G. For the purposes of this section, "Salt River horse herd" has the same meaning prescribed in section 3-1491, Arizona Revised Statutes, as amended by this act.
Sec. 3. Legislative findings
The legislature finds that:
1. The Salt River horse herd is a unique population of animals that residents and visitors of this state enjoy viewing.
2. As of March 28, 2026, the Salt River horse herd maintains a population of two hundred seventy-three horses with a negative yearly growth rate due to a successful fertility control program.
Sec. 4. Legislative findings
The legislature finds that the delayed repeal of section 2 of this act provides sufficient time to contract for a comprehensive, scientific genetic assessment of the Salt River horse herd.
Sec. 5. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.