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diseased or infected animals; deleting outdated amounts paid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.