HB 687

UNOFFICIAL COPY  26 RS BR 2229
1AN ACT relating to stray equines.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 259.120 is amended to read as follows:
4 Stray equines and stray cattle shall be taken up and posted in the following manner:
5 (1)    (a)     Documentation of stray equines shall be taken before a county
6judge/executive of the district, who shall administer to the taker-up an oath, in
7substance, that the equine was taken up by him or her as a stray and that he or
8she has not defaced or altered the marks, brands, or other identifiers,
9including but not limited to microchips or freeze brands, of the equine.
10(b)     Documentation of stray cattle shall be taken before a county judge/executive
11of the district, who shall administer to the taker-up an oath, in substance that
12the cattle were taken by him or her as strays on his or her premises within the
13preceding ten (10) days and that he or she has not defaced or altered the
14marks or brands of the cattle.
15(c)     Duties of the county judge/executive pertaining to stray equines shall be to:
161.        Contract with a licensed veterinarian, who shall document the stray
17equine's breed, color, sex, marks, brands, scars, and other distinguishing
18features, perform a microchip scan, and identify the existence of lip
19tattoos, freeze brands, or microchips;
202.        Record the veterinarian's findings, the name and residence of the taker-
21up, and the location of the stray equine in a book to be kept by him or
22her for that purpose;
233.        Maintain documentation in electronic and paper format; and
244.        Send a copy of the documentation of the stray equine to the Office of
25[the ]State Veterinarian, who shall post notification on the Office of [the
26]State Veterinarian's website[Web site]. The Office of[ the] State
27Veterinarian shall post one (1) photograph of the stray equine's front
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1view, including its head and feet, and one (1) photograph of the stray
2equine's side view from muzzle to tail.[;
3]
4(d)     The county judge/executive:
51.        May contract, subject to approval by the county fiscal court, with a
6person or organization that provides animal sheltering services to
7perform those duties listed under this subsection and subsection (2) of
8this section in lieu of the county judge/executive; and
92.        Shall be immune from criminal and civil liability under KRS 259.140
10for any act related to the taking up and posting of stray equines;
11 (2)    The county judge/executive shall give to the taker-up a copy of the documentation
12for the record and immediately deliver to the county clerk a certified copy of the
13same record;
14 (3)    The clerk shall immediately record the stray certificate of the county
15judge/executive as provided by the taker-up in a book to be kept by him or her for
16that purpose;
17 (4)    The taker-up shall immediately post a copy of the county judge/executive's
18certificate in the sheriff's office with jurisdiction over the area where the stray cattle
19or stray equine was taken up after he or she has posted the stray. Hold time for stray
20equines shall begin after all documentation has been properly filed and posted by
21the county judge/executive and taker-up; and
22 (5)    (a)     If ownership is found from identifiers of the stray equine such as lip tattoos,
23freeze brands, or microchips, efforts shall be made by the county/judge
24executive or his or her designee to ascertain the owner by investigatory due
25diligence in locating the owner and providing notice before holding time
26expires. The owner/claimants of the stray equine shall reimburse the county
27judge/executive for the cost of the veterinarian's assessment per the contracted
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1agreement.
2(b)     The taker-up shall be paid by the owner of the stray, if and when he or she
3claims the stray or its value, the actual itemized costs incurred by the taker-up
4for keeping the stray equine or cattle. In the event that a dispute arises relating
5to ownership, adverse claimants, third-party claims or liens, value of the
6equine, or actual itemized expenses incurred, the parties may file an action in
7a court of competent jurisdiction of the county in which the stray equine was
8taken up. The filing of an action under this paragraph shall toll holding time
9as to vesting of ownership interests.
10(c)     The taker-up may have the stray equine sterilized only after the fifteen (15)
11day holding period has expired and ownership vested pursuant to KRS
12259.130, and any pending court cases pertaining to the stray equine have been
13resolved.
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