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Committee Substitute House Bill 2690 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

H. B. 2690

(By Delegates Talbot, Argento, Pethtel, Swartzmiller,

Tabb, Beach, Williams, Anderson, Evans, Schoen and C. Miller)


(Originating in the House Committee on the Judiciary)

[March 18, 2009]


A BILL to amend and reenact §19-9-28, §19-9-29, §19-9-30, §19-9-31, §19-9-32, §19-9-33, §19-9-34, §19-9-34a, §19-9-35, and §19-9-36 of the Code of West Virginia, 1931, as amended, all relating to updating language pertaining to the death of diseased or infected animals; indemnity for the death of diseased or infected animals; deleting outdated amounts paid to appraisers and arbitrators for services rendered; and disposing of dead domesticated animals.

Be it enacted by the Legislature of West Virginia:
That §19-9-28, §19-9-29, §19-9-30, §19-9-31, §19-9-32, §19-9-33, §19-9-34, §19-9-34a, §19-9-35, and §19-9-36 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 9. DISEASES AMONG DOMESTIC ANIMALS AND EUTHANASIA OF DISEASED ANIMALS.
§19-9-28. Indemnity for euthanizing infected or exposed animals; agreement.

Whenever, to prevent the spread of any communicable disease which cannot be cured or controlled by isolation and adequate or proper veterinary treatment, it shall be deemed necessary by the Commissioner or any of his the Commissioner's agents find it necessary to cause euthanize any animal found to be infected with or directly exposed to any infectious, contagious or communicable disease, which cannot be cured or controlled by isolation and adequate or proper veterinary treatment, to be killed and if the owner of such the animal shall desire elects to receive indemnity therefor for it, he shall be required by the commissioner the Commissioner shall require the owner, before the appraisal and slaughter death of the animal, to execute an agreement that he the owner will thoroughly clean and disinfect all premises that may have been infected by such the animal in such the manner as the Commissioner prescribe prescribes. and, in case such If the animal is has tuberculous tuberculosis, the agreement will require that he the owner will to have his the entire herd of bovine animals tested with tuberculin by the commissioner or his the Commissioner's agent, at such times as the commissioner may designate designates, and the agreement will require that the owner not admit to his the herd any bovine animal that has not given had a negative reaction to the test. Such The agreement shall be in duplicate, one copy to be retained by the signer, and in on such a form as prescribed by the Commissioner shall prescribe, and shall be signed by the owner or his the owner's agent. and The agreement shall be effective for a period of two years from the date thereof it is executed. All such animals for which the owner claims indemnity is claimed by the owner shall be appraised before being slaughtered euthanized, and the owners owner shall be indemnified as hereinafter provided: Provided, however, That any animal infected with rabies may be slaughtered euthanized by the owner or any person authorized to do so without such an agreement and or appraisal first being had, and if the disease is caused by the bite of a dog bite, the animal shall be appraised and the owner compensation therefor obtained shall be compensated as provided in article twenty of this chapter.
§19-9-29. When right of indemnity does not exist.
The right of indemnity shall not exist nor shall payment be made in any of the following cases:
(a) For animals owned by the United States, this state, or any county, city, town or village in this state;
(b) For animals brought into this state contrary to the provisions of this article, or where the owner of the animals or person claiming compensation has failed to comply with the provisions of the same this article;
(c) When the owner or claimant at the time of coming into possession of the animal knew or had reason to believe it to be afflicted with a communicable disease;
(d) When the owner has been guilty of negligence or carelessly exposed such animals to a communicable disease; and
(e) When the owner has refused or neglected to comply with the sanitary requirements of the Commissioner of agriculture or his the Commissioner's agents.
(f) When the animals are fully sexed males over six months of age and are not registered.
§19-9-30. Appraisal of infected or exposed animals; amount; arbitration; fees of arbitrators.

The commissioner or his the commissioner's agent shall act as appraiser and shall appraise each infected or directly exposed animal within five days prior to the date of slaughter before euthanizing the animal, basing the amount upon the class and market value of the animal at the time of the appraisal, whether for breeding purposes or for milk or meat production. Animals reacting to any approved test, but not exhibiting any physical evidence of disease, shall be appraised without considering the presence of a diseased condition, but animals exhibiting any physical evidence of disease shall be appraised as infected animals: Provided, however, That where indemnities are claimed for directly exposed animals slaughtered euthanized on account of being infected with rabies infection, appraisement appraisal shall be based on the value of the animal before it became infected. The amount of appraisal for a nonregistered equine animal shall not exceed seventy-five dollars, for a registered equine animal one hundred dollars, for a nonregistered bovine animal one hundred and fifty dollars, for a registered bovine animal two hundred and fifty dollars, for a nonregistered swine twenty-five dollars, for a registered swine forty dollars, for a nonregistered sheep ten dollars, and for a registered sheep twenty-five dollars. If the amount of appraisal of any animal, as determined by the appraiser, is not satisfactory to the owner of the animal, a written notice of such the owner shall immediately notify the appraiser of this fact, setting forth the reason for complaint shall be made at once to the appraiser. The amount of the appraisal shall then be determined by arbitrators, one to be appointed by the appraiser and one by the owner of the animal. If these arbitrators are not able to agree as to on the amount of appraisal, a third arbitrator shall be appointed by them, whose decision shall be final. Each arbitrator shall be paid one dollar for each appraisement of five or less than five animals, and two dollars if more than five animals are appraised. Compensation for the arbitrators appointed by the owner and the appraiser shall be paid by the party appointing such the arbitrator, and in case a third arbitrator is chosen, such the third arbitrator shall be paid by the party against whom the decision is made.
§19-9-31. Certificate of appraisal.
When the animal is to be slaughtered euthanized, the commissioner or his the Commissioner's agent shall make and deliver to the owner a certificate of appraisal which may cover any number of animals belonging to the same owner, showing the age and description of each animal found to be infected or directly exposed; the name and place of test, if any; the mark or brand as tuberculous signifying an animal with tuberculosis; and any other mark or brand which the animal may bear; the date when and the place to which where the animal was sent for slaughter is to be euthanized by the veterinarian; the designation of the officer who is to supervise the slaughter euthanasia; the appraised value of each animal; the name and address of the owner of the animal; and the fact that he the owner has executed the agreement as provided in section twenty-eight of this article.
§19-9-32. Euthanasia of diseased animals; supervision; certificate of euthanasia.

After the agreement described in section twenty-eight of this article has been executed, the appraisal has been made and the certificate thereof of appraisal issued, the Commissioner or his the Commissioner's agent shall cause have the animal to be slaughtered euthanized and the carcass disposed of in accordance with the meat inspection regulations of the United States bureau of animal industry Department of Agriculture, or in such manner as the Commissioner shall prescribe prescribes. The officer supervising the slaughter euthanasia shall immediately thereafter, indorse upon or add to include in the certificate of appraisement appraisal provided for in section thirty-one of this article a certificate of slaughter euthanasia stating that he the officer has witnessed the slaughter euthanasia of each of the animals; identifying the place and date thereof of the euthanasia; certifying that the number, age, description and brand or mark correspond to those given in the certificate of appraisal; stating the result of his the post-mortem examination; the disposition made of the carcass; and the price received for the same by amount paid to the veterinarian, which price amount shall be paid to the owner and credited on the amount of appraisal: Provided, That in case animals are slaughtered euthanized as having tuberculous tuberculosis, the appraisal certificate shall be credited in the manner provided in section thirty-six of this article.
The slaughter euthanasia may be supervised and certificate thereof may be made certified by the Commissioner; or any of his the Commissioner's agents; or any person possessing with the authority of an agent or an officer of the United States bureau of animal industry Department of Agriculture. The Commissioner may require such prescribe other particulars to requirements be added to either of said for the certificates or the affidavits hereinafter required by this article, and may make and enforce such rules and regulations governing the handling, shipping and slaughter euthanasia of such animals. as may be deemed necessary.
§19-9-33. Payment of indemnity.
All claims for indemnity for animals slaughtered euthanized as tuberculous having tuberculosis shall be paid in the manner prescribed in section thirty-seven of this article. In all other cases when animals are slaughtered euthanized as provided by the in this article the veterinarian shall forthwith forward to the Commissioner the certificates of appraisal and slaughter euthanasia, together with the owner's claim for indemnity, and his the owner's affidavit that he the owner has in all respects complied with the agreement provided for in section twenty-eight of this article, and with the any other requirements of prescribed by the Commissioner. in respect thereto, to the Commissioner, who shall, If the same certificates, claim and affidavit is are found to be correct and the claim is not barred by the provisions of section twenty-nine of this article, the Commissioner shall approve and file the same them. The Commissioner shall, at the end of each fiscal year, issue his a requisition to the State Auditor for two thirds of the value of the approved certificates of appraisal so approved: Provided, That in case of an outbreak of foot-and-mouth disease, or any other dangerously contagious or infectious disease among bovine animals, ovine animals, or swine, on account of which such bovine animals ovine animals, or swine are being destroyed euthanized by cooperative order of federal and state authority, and for which euthanized animals so destroyed the federal government pays one half of the indemnity, herein provided for, this state shall pay one half, and only one half, of such indemnity. The State Auditor shall issue his a warrant on the State Treasurer, in favor of the claimant, for the amount ordered by the Commissioner, which amount shall be paid out of the current appropriation made for carrying out the provisions of administering this article: Provided further, however, That in case the amount of such the certificates of appraisal, and of those similarly provided for described in section thirty-seven of this article, in any one year, shall exceed exceeds the current appropriation therefor, such the certificates shall be paid pro rata at the end of each fiscal year.
§19-9-34. Disposal of carcass of diseased animal.
Whenever it shall be is necessary to destroy or dispose of the carcass of any animal to prevent the spread of disease, such the destruction or disposal shall be made by one of the following methods designed to be protective of human health and the environment: (a) Complete cremation of the entire carcass with all its parts and products; (b) boiling the carcass and all its parts and products in water or heating the same with steam at the temperature of boiling water, continuously during at least two hours; (c) disposing of the carcass and all its parts and products in a solid waste landfill permitted and approved by the Department of Environmental Protection; (c) (e) burial of the carcass and all its parts and products in a place that shall will not be subjected to overflow from ponds or streams, and which shall be distant is not less than one hundred feet from any watercourse, well, or spring, public highway, house or stable. In burying such If buried, the carcass it shall be covered with quicklime to a depth of not less than three inches, and the top of such carcass shall not be within two feet of the surface of the ground when the grave is filled and smoothed to the level of the surrounding surface; (f) rendering by a licensed facility; (g) composting; and (h) such other method as the Commissioner may prescribe. Such grave shall be so protected that the carcass may not be accessible to dogs or other animals Whenever any When an animal infected with any a communicable disease shall die dies or be killed is euthanized, it shall be the duty of the owner of such the animal at once to shall destroy or dispose of the carcass of such animal in the manner provided in this section. It shall be unlawful to sell any such carcass, or any part thereof of it, or any hide or offal therefrom from it. If the owner of such animal shall does not within twenty-four hours dispose of the carcass within twenty-four hours as provided by law, it shall be the duty of the Commissioner or his the Commissioner's agent to cause the same to be destroyed or disposed shall destroy or dispose of the carcass according to law, at the cost of such the owner. The expense of such destruction or disposal may be collected from such the owner as debts of like amount are by law collectible.
§19-9-34a. Authority of Commissioner to promulgate rules regulating disposal of dead animals.

Notwithstanding any other provision of the law to the contrary, the Commissioner of Agriculture is authorized to promulgate rules to regulate the disposal of dead poultry or other domestic fowl animals. by persons, firms or corporations engaged in growing poultry or other domestic fowl animals for commercial purposes. Said The rules shall encompass disposal methodologies of composting, incineration and rendering and shall include emergency situations of flock depopulation, abnormal death losses or serious disease outbreak, all in accordance with the provisions of chapter twenty-nine-a of this code.
§19-9-35. Tests for bovine tuberculosis; disposition of infected bovine animals.

The Commissioner or his the Commissioner's agent or the inspectors of the United States Department of Agriculture shall possess authority is authorized to test with tuberculin any bovine animal kept within the state, subject to such rules and regulations as the prescribed by the Commissioner may prescribe. The tuberculin test shall be applied to bovine animals at such times as may be designated by the Commissioner in for the control and eradication of bovine tuberculosis in this state, and all cows whose milk is sold for human consumption or manufacture, and all uncastrated beef animals, shall be tested with tuberculin insofar as may be to the greatest extent possible.
When a bovine animal is found by the officer making the test to give what the Commissioner shall have prescribed by his rules and regulations to be has a clearly defined reaction to such test, as prescribed by the Commissioner's rules, the animal shall be considered to be infected with bovine tuberculosis and shall be marked or branded upon the left jaw with a capital "T" not less than two inches high, one and one-half inches wide, with a mark one fourth of an inch wide. , and Such branding shall not be construed as constitute cruelty to animals within the meaning of the penal laws of the state.
All bovine animals within the state which are deemed tuberculous to have tuberculosis, either as a result of a physical examination or the tuberculin test, shall be slaughtered euthanized, and if the owner of any such animal shall demand demands indemnity, therefor he the owner shall execute the agreement provided for in section twenty-eight of this article; and such animal shall be appraised as provided in section thirty of this article; and an appraisal certificate shall be issued as provided in section thirty-one of this article; and the slaughter euthanasia shall be supervised and the certificate of same shall be issued as provided in section thirty-two of this article.
§19-9-36. Rules for determining amount of indemnity.

The owners of animals slaughtered euthanized as tuberculous having tuberculosis shall be indemnified in such an amount as shall be determined by the results of post-mortem inspection by the officer supervising the slaughter euthanasia, and the certificate of appraisal shall be credited according to the following rules: (a) If an animal is found upon post-mortem inspection not to show lesions of tuberculosis, the carcass and other edible portions shall be passed as food, and the veterinarian shall sell the same them, including all accompanying parts, for the best price obtainable, which price shall be paid to the owner and deducted from the amount of appraisal, and the any remaining balance if any, thus remaining shall be paid to the owner; (b) if any an animal is found upon post-mortem inspection to be infected with tuberculosis, and the lesions are such that the carcass and parts of the carcass are passed for food, the veterinarian shall sell the same them
, including all accompanying parts, for the best price obtainable, which price shall be paid to the owner and deducted from eighty percent of the amount of the appraisal, and the any remaining balance if any, thus remaining shall be paid the owner; (c) if any an animal upon post-mortem inspection is condemned for offal, the veterinarian shall sell the hide and offal for the best price obtainable, which price shall be paid to the owner and deducted from forty percent of the appraisal, and the any remaining balance if any, thus remaining shall be paid to the owner.
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