Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 594 of the Regular Session
 State of Arkansas                   As Engrossed:       H3/28/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             HOUSE BILL 1677
 4
 By: Representative Beaty Jr.
 By: Senator Gilmore
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                                   For An Act To Be Entitled
                 AN ACT TO AMEND THE LAW REGARDING LIVESTOCK; TO AMEND
                 THE LAW REGARDING LIVESTOCK RUNNING AT LARGE; TO
                 AMEND THE LAW REGARDING FENCING; TO REPEAL THE LAW
                 REGARDING FENCING DISTRICTS; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND THE LAW REGARDING LIVESTOCK; TO
                         AMEND THE LAW REGARDING LIVESTOCK RUNNING
                         AT LARGE; TO AMEND THE LAW REGARDING
                         FENCING; AND TO REPEAL THE LAW REGARDING
                         FENCING DISTRICTS.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1.      Arkansas Code Title 2, Chapter 38, Subchapter 1 is amended
 to read as follows:
         2-38-101.       Taking up animals Impounding livestock — Definition.
         (a)   As used in this chapter, "livestock" means cattle, bison, horses,
 sheep, goats, asses, mules, and swine.
         (b)   Every citizen, a resident householder in any county in this state,
 on finding any horse, mare, mule, jack, or jenny or any domesticated bovine,
 hog, or sheep, of any age livestock running at large, the owner of which is
 not known, may take impound the animal livestock by taking it into his or her
 custody.
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         2-38-102.       Range animals.
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     As Engrossed:       H3/28/23                                                 HB1677
      No person shall take up any domesticated cattle, hogs, or sheep running
 in the range, unless they shall be found within his or her enclosure, from
 April 1 until November 1.
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      2-38-103.       Place of taking Site of impounding.
      No A person shall not take up impound any stray animal livestock,
 except on his or her own farm or in his or her immediate vicinity.
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      2-38-104.       Duty and rights of taker-up or impounder.
      (a)(1)     Every person taking up impounding any stray animal livestock
 shall immediately, if the animal is marked or branded, proceed to the office
 of the clerk of the county court of the county in which the animal is taken
 up and shall cause the clerk to examine the State Brand Book notify the
 Department of Agriculture in writing through procedure established by the
 department.
               (2)    If it is found that the owner of the livestock may be
 determined by any mark, tag, or brand upon the animal livestock taken up is
 entered upon the book, the taker-up or impounder of the animal livestock
 shall at once notify the owner of the mark or brand, of his or her having
 taken up impounded the animal livestock, giving an exact description thereof
 of the livestock.
               (3)(A)     The taker-up or impounder of an animal livestock shall
 receive a reasonable compensation for his or her trouble feeding the
 livestock.
                        (B)   If the animal is taken from the range where the stock
 of the owner is accustomed to be kept, the taker-up or impounder shall
 receive nothing.
      (b)     No person shall use, work, or exercise any acts of ownership over
 any animal taken up livestock impounded by him or her until he or she shall
 have given notice thereof to the county court clerk. However, he or she may
 ride the animal to the county court for the purpose of giving the notice to
 the clerk Department of Agriculture.
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      2-38-105.       Certificate of examination Confirmation of notification.
      Upon the taker-up of any animal causing examination of the State Brand
 Book to be made by the county clerk Upon providing notice to the Department
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     As Engrossed:     H3/28/23                                                HB1677
 of Agriculture as prescribed in § 2-38-104, the county clerk department shall
 give provide to the impounder a certificate confirmation of the examination
 notification having been made, setting out in the certificate confirmation
 the description of the animal livestock and the marks and brands, or either
 thereof, and the impounder shall pay the clerk twenty-five cents (25¢) as a
 fee for the certificate.
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       2-38-106.    Posting description of animal Livestock description
 notification.
       (a)   Upon failure to find any record of the mark, tag, or brand of the
 animal taken up impounded livestock or when the person in whose name the mark
 or brand is found recorded proves not to be the owner of the animal
 livestock, the taker-up or impounder of the animal livestock shall put or
 cause to be put up posters in three (3) of the most public places in the
 township or neighborhood where the animal is taken up, giving a full detailed
 description of the animal, stating the marks, age, color, and value of the
 animal. At the same time, the taker-up or impounder shall deliver to the
 clerk of the county court a copy of the poster, and the clerk shall at once
 enter a full copy of the poster in a book to be kept by him or her for that
 purpose and shall set up the poster upon the courthouse door give notice of
 the impounding of the livestock by providing a full detailed description of
 the livestock to the Department of Agriculture to be published in a publicly
 accessible record.
       (b)   In addition to the description required under subsection (a) of
 this section, the notice shall also state:
             (1)    The place where the livestock was found running at large;
 and
             (2)    The date and time of the livestock being impounded.
       (b)   If, at the expiration of ten (10) days from the date of the
 poster, the animal has not been proved away, it shall be the duty of the
 impounder to give notice to the nearest justice of the peace of the county of
 the taking up of the animal. The impounder shall, at the time of giving
 notice, file with the justice of the peace the certificate of the clerk of
 the county court of the examination of the record of marks and brands if the
 animal taken up is marked or branded.
       (c)   If the animal should be proved away as provided in this section,
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     As Engrossed:       H3/28/23                                               HB1677
 it shall be the duty of the person proving away the animal to pay a
 reasonable charge for feeding and advertising the animal if the animal has
 not been used by the person taking it up. In this case no charge shall be
 made for feeding and advertising.
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      2-38-107.       Oath of taker-up.
      In addition to the notice required by law to be given to a county clerk
 of taking up of strays, it shall be the duty of the taker-up, at the time of
 giving the notice, to take also an oath before the clerk that the stray was
 taken up on the farm of the person, or in his or her immediate vicinity, and
 that he or she had no agency in bringing the stray into the vicinity.
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      2-38-108.       Certificate of appraisement.
      (a)   Every justice of the peace, on receiving notice of any animal
 being taken up, shall forthwith appoint three (3) appraisers, who shall be
 citizen householders of the county, to appraise and describe the animal.
      (b)(1)     The appraisers appointed shall, as soon as practicable, proceed
 to view the animal and make out a detailed description, stating the marks,
 brands, age, color, stature, and value thereof, which description and
 valuation shall be signed by the appraisers and sworn to before the justice
 appointing them.
               (2)    For their services, they shall each receive the sum of fifty
 cents (50¢).
      (c)   The description and valuation so sworn to shall be delivered by
 the appraisers to the justice of the peace, who shall deliver to the person
 taking up the animal a copy thereof.
      (d)   The original of the certificate of appraisement of the justice
 shall, within ten (10) days, be deposited into the office of the clerk of the
 county court of his or her county.
      (e)   The justice, at the time of depositing the certificate of
 appraisement with the clerk for record, shall also file with the clerk the
 bond required by this subchapter, which bond shall be kept by the clerk.
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      2-38-109.       Bond of taker-up.
      (a)   Every person taking up an animal as a stray shall, at the time of
 the appraisement, enter into bond to the State of Arkansas, with sufficient
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     As Engrossed:    H3/28/23                                                 HB1677
 security to be approved by the justice of the peace who appoints the
 appraisers, in the value of the animal. The bond shall be conditioned that,
 if the owner of the animal within one (1) year from the date shall appear and
 prove his or her property in the animal so taken up, then the taker-up will
 deliver the animal or, if the owner should fail to prove his or her property
 therein within one (1) year, conditioned that he or she, the obligor, will
 pay into the county treasury one-half (½) of the appraised value, deducting
 all legal expenses of the animal, stating the amount of the appraisement.
      (b)   If the animal is a hog, the conditions of the bond shall be that
 if the owner of the animal, within three (3) months from the date, shall
 appear and prove his or her property in the animal so taken up then he or she
 will deliver the animal or that if the owner should fail to prove his or her
 property therein within three (3) months, then he or she, the obligor, will
 pay into the county treasury one-half (½) of the appraised value, deducting
 all legal expenses of the animal.
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      2-38-110.    Records.
      It is the duty of every clerk of the county court to keep a book in
 which he or she shall record all descriptions and valuations of animals
 taken. He or she shall also note on all bonds required to be deposited into
 his or her office under the provisions of this subchapter the time of filing
 them and keep the bonds safely for the use of the county the Department of
 Agriculture to maintain a publicly accessible record of all livestock
 currently in the custody of impounders within the state that shall include
 full details and at least one (1) photo provided by the impounder.
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      2-38-111.    Advertisements to be posted.
      (a)   The person taking up any animal under the provisions of this
 subchapter shall immediately make out, from the copy of the appraisement
 delivered to him or her by the justice of the peace, four (4) advertisements
 and put them up in the most public places in his or her township and county.
      (b)   If any person shall fail to advertise any stray according to laws
 in force, he or she shall be deemed guilty of a misdemeanor. Upon conviction,
 an offender shall be fined in any sum not less than five dollars ($5.00) nor
 more than fifty dollars ($50.00), to be recovered by indictment or
 information in the county where the stray may have been taken up.
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     As Engrossed:    H3/28/23                                                 HB1677
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      2-38-112.     Publication in addition to posting.
      If the animal taken up is a horse, mare, mule, jack, or jenny, the
 taker-up shall cause a copy of the description and appraisement to be
 inserted in some newspaper printed in the state for three (3) weeks if the
 animal is of the appraised value of at least twenty dollars ($20.00).
 Publication shall be commenced in the newspaper within one (1) month after
 appraisement. This shall be done in addition to the advertisement required by
 this subchapter.
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      2-38-113.     Payment of expenses.
      If the owner of any stray horse, mare, mule, jack, or jenny does not
 prove the stray according to law within twenty (20) days from the time the
 animal was taken up, the person taking it up shall pay the county clerk all
 fees, the necessary postage, and the price of the advertisement. The clerk
 shall immediately transmit, by mail or otherwise, to the printer a copy of
 the appraisement of the stray and shall account to the printer for all money
 received by him or her for printing.
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      2-38-114.     Stray pen — Exhibition.
      (a)   It is the duty of the county court, at the expense of the county,
 to provide a pound lot or stray pen sufficient to contain all stray horses,
 mares, mules, jacks, or jennies which may be taken up in their respective
 counties. The stray pen shall be within one-half (½) mile of the courthouse.
      (b)   On the first day of the next term of the circuit court of his or
 her county, every person taking up any horse, mare, mule, jack, or jenny
 shall take the animal to the stray pen of his or her county and keep it
 there, subject to the inspection of all persons from 11:00 a.m. until 3:00
 p.m. of each day.
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      2-38-115.     Reclamation by owner.
      (a)   Within one (1) year three (3) months from the time of the filing
 of the bond notification required by law, if the owner of any stray animal
 livestock shall appear and claim it, he or she shall notify the taker-up
 impounder; and the owner shall establish his or her claim to the animal
 livestock before some justice of the peace of the county by such evidence as
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     As Engrossed:       H3/28/23                                                HB1677
 shall be satisfactory to the justice a court of competent jurisdiction.
      (b)   Upon the justice court being satisfied of the ownership of the
 animal taken up impounded livestock, he or she shall make an order in writing
 requiring the taker-up impounder of the animal to deliver release it to the
 owner when he or she pays the legal costs that have accrued thereon.
      (c)(1)     The person having the animal proved and required to be given up
 by the justice's order shall deliver impounder of the livestock shall release
 it to the owner on receiving the amount of cost legally due and shall take a
 receipt endorsed on the justice's order for the animal.
               (2)    The order and receipt shall be filed with the clerk of the
 county court of the proper county, upon the filing of which, the bond shall
 be deemed to be cancelled.
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      2-38-116.       Refusal to deliver.
      If any person who has taken up impounded any animal livestock shall
 refuse to deliver release it to the owner on his or her having complied with
 the requirements of this subchapter, as respects proving ownership of the
 animal livestock, the owner shall have a right of civil action. If the owner
 recovers in an action, he or she shall also recover double costs.
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      2-38-117.       Compensation for keeping strays.
      (a)   No person shall charge anything for keeping any horse, mare, mule,
 jack, or jenny which may be equine that is worked or ridden while in the
 possession of the taker-up impounder.
      (b)   For the keeping of other animals livestock, or the named animals
 any equine if not worked or ridden, the person taking them up impounding the
 livestock shall be entitled to a reasonable compensation to be adjudged by
 the justice of the peace a court of competent jurisdiction before whom the
 owner proves his or her right of property.
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      2-38-118.       No premature disposition of strays.
      (a)   No A person taking up impounding any animal livestock shall not
 sell, exchange, or dispose of it in any manner nor kill any domesticated
 cattle, hogs, or sheep until after the expiration of the time that the owner
 has the right to prove his or her property in them.
      (b)   Any person violating the provisions of subsection (a) of this
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     As Engrossed:    H3/28/23                                                    HB1677
 section shall be deemed guilty of a misdemeanor and, upon conviction, shall
 be fined in any sum not less than half nor more than double appraised value
 of the stray so taken up impounded livestock, to be recovered in the county
 where the stray may have been taken up.
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      2-38-119.     Liability for death or escape of animals livestock.
      If any stray animals livestock die or escape from the possession of the
 taker-up impounder before the owner shall establish his or her right thereto,
 and if the death or escape is without the fault of the person having the
 lawful possession thereof, he or she shall not be liable for