Bill Text: AZ HB2340 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered
Bill Title: Wild horses; management; prohibition
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2016-05-11 - Chapter 136 [HB2340 Detail]
Download: Arizona-2016-HB2340-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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CHAPTER 136
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HOUSE BILL 2340 |
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AN ACT
Amending Title 3, chapter 11, Arizona Revised Statutes, by adding article 11; relating to horses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 3, chapter 11, Arizona Revised Statutes, is amended by adding article 11, to read:
ARTICLE 11. HORSES
3-1491. Salt River horse herd; necessary interaction; written authorization; violation; classification; definition
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. 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. 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. This state may enter into an agreement with a private entity to address any issue relating to the Salt River horse herd.
G. 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. A person who violates subsection a of this section is guilty of a class 1 misdemeanor.
I. For the purposes of this section, "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.
3-1492. Unlawful release of a domesticated horse; violation; classification
A person who intentionally releases a domesticated horse into the wild is guilty of a class 1 misdemeanor.
Sec. 2. Arizona department of agriculture; agreement; conditional enactment; notice
A. The Arizona department of agriculture shall enter into an agreement with the United States forest service pursuant to section 11-952, Arizona Revised Statutes, to implement title 3, chapter 11, article 11, Arizona Revised Statutes, as added by this act.
B. Title 3, chapter 11, article 11, Arizona Revised Statutes, as added by this act, does not become effective unless the Arizona department of agriculture and the United States forest service enter into an agreement pursuant to subsection A of this section on or before December 31, 2017.
C. The Arizona department of agriculture shall notify in writing the director of the Arizona legislative council on or before January 15, 2018 either:
1. Of the date on which the condition was met.
2. That the condition was not met.
APPROVED BY THE GOVERNOR MAY 11, 2016.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 11, 2016.
