VEHICLES HAULING LIVESTOCK OR AGRICULTURAL PRODUCTS (Sections 301.010, 304.180, and Section B) - Currently, local log trucks and local log truck tractors may only transport harvested forest products within a 100-mile radius of the forested site. This act expands the distance in which the trucks can be operated to a 200-mile radius. Currently, the total gross weight of a vehicle or combination of vehicles hauling livestock on specified highways in the state cannot exceed 85,500 pounds with the exception of vehicles operated on the Dwight D. Eisenhower System of Interstate and Defense Highways. The act removes the specified highways and applies this weight limitation to any vehicle hauling livestock or agricultural products, not including local log trucks, on any highway of this state with the specified exception. Any business operating a vehicle hauling livestock or agricultural products weighing more than 80,000 pounds must apply to the Department of Transportation yearly for a permit and must receive a permit upon paying a $25 fee. Upon renewal of the permit, the applicant must submit to the department a list of roads traveled and the number of miles traveled on each road during the year.

These provisions shall only become effective upon voter approval of a constitutional amendment that authorizes an additional sales and use tax to be used for transportation purposes.

These provisions are identical to HCS/HB 1640 (2014) and are similar to HB 1235 & 1214 (2014), SS/SCS/HCS/HB 1326 (2014), and HCS/SB 506 (2014).

LIVESTOCK ACTIVITY WAIVER OF LIABILITY (Section 537.325) - Currently, equine activity sponsors and equine professionals are not liable for an injury or death of a participant resulting from the inherent risks of equine activities. This act extends this waiver of liability to livestock activity sponsors, livestock owners, livestock facilities, livestock auction markets, and any of their employees for any injury or death of a participant resulting from the inherent risks of livestock activities. This waiver of liability does not extend to all circumstances as set forth in this act.

Currently, equine activity sponsors are required to post a warning signs on or near stables, corrals, or arenas where equine activities are conducted. This act extends this warning sign requirement to places where livestock activities are conducted.

This provision is identical to SB 671 (2014), SCS/HCS/HB 1326 (2014), HCS/SB 591 (2014), and HCS/SB 506 (2014). This provision is similar to HCS/HB 1640 (2014) and HB 1209 (2014).

RECREATIONAL USE OF PROPERTY (Sections 537.345-537.348) - This act modifies the definition of "recreational use" to include personal aviation activities, trapping, paddle sports, and swimming. Further, this act does not limit liability for landowners who intentionally injures a participant, provides unsafe equipment of devices that caused injury, and fails to use a degree of care that an ordinary and prudent person would use under similar circumstances.

This provision is similar to a provision contained in HCS/HB 1640 (2014) and HCS/HB 1743 (2014).

SEARCH WARRANT TO INSPECT NEGLECTED OR ABUSED ANIMALS (Section 578.018) - Currently, a public health officer or law enforcement official may seek a warrant to enter private property to inspect neglected or abused animals. Under this act, only a law enforcement official may seek such warrant and they may also confiscate such animals. All requests for warrants shall be signed and witnessed. Any person acting under a warrant shall appear at a disposition hearing within 30 days of animal confiscation, shall place such confiscated animal in the care and custody of certain entities, shall humanely kill such animal if the animal is diseased or is beyond recovery, and shall not be liable for reasonable damage to property while acting under such warrant. This act provides that no animal shall be sterilized prior to such disposition hearing unless necessary to save life or relieve suffering.

The owner of a confiscated animal shall not be responsible for such animal's care prior to a disposition hearing if the owner is acquitted or is not convicted. Upon completion of a disposition hearing, any person claiming interest in the confiscated animal may post bond within 72 hours in an amount sufficient to provide for the animal's care. If the animal's owner posts bond and is acquitted or not convicted, the owner may demand the return of the animal.

Currently, the authority taking custody of an animal is required to post notice of this section at the place where the animal was taken into custody. This act repeals this provision.

Under this act, the owner of any animal confiscated that is humanely killed shall not recover damages. Further, all animals confiscated shall receive proper care. Any facility shall be liable for negligence or animal abuse which occurs while the confiscated animal in the care of the facility. Any facility that intentionally euthanizes or sterilizes an animal in an unauthorized manner shall be guilty of a Class B misdemeanor. A second or subsequent violation is a Class A misdemeanor.

This provision is substantially similar to a provision contained in HB 2157 (2014).

SEARCH WARRANTS (Section 578.030) - This act requires that all requests for search warrants be signed, witnessed, and accompanied by an affidavit. Any officer which obtains custody of animals during the execution of a search warrant, shall handle the animals with in accordance with certain statutes relating to the confiscation of animals.

This provision is identical to a provision contained in HB 2157 (2014).

KAYLA CRIDER