SENATE BILL REPORT

                                    SB 5036

                        AS PASSED SENATE, MARCH 4, 1991

Brief Description:  Establishing a livestock market net worth requirement.

SPONSORS:Senators Barr, Conner, Bailey and Hansen.

SENATE COMMITTEE ON AGRICULTURE & WATER RESOURCES

Majority Report:  Do pass.

     Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Conner, Gaspard, Hansen, and Newhouse. 

Staff:  John Stuhlmiller (786‑7446)

Hearing Dates:January 25, 1991; January 29, 1991

BACKGROUND:

The Department of Agriculture is now charged with reviewing and approving or denying applications for the construction and operation of public livestock markets.  The department is also responsible for overseeing the operation of livestock markets through such measures as assigning dates on which markets may conduct sales.  It is unclear whether the department has the authority to deny a license application if an applicant has insufficient assets to construct or operate a market.  Further, the department does not have explicit authority to revoke an allocation of sales days for nonuse.

Only licensees or applicants who have had a license revoked, suspended, or denied may appeal a decision by the department.

Public livestock market operators do not have explicit authority to refuse to accept the consignment of livestock or to announce the name of the consignor of livestock.

SUMMARY:

The Department of Agriculture is authorized to deny an application for construction or operation of public livestock markets based upon a lack of sufficient net worth.  The department is also authorized to revoke an allocation of sales dates awarded to a market if the dates are not used.  The rate of usage to maintain an allocation of sales days is to be established by rule.

Any licensee or applicant who feels aggrieved by the director may appeal any decision of the director.

The authority granted to operators of public livestock markets is expanded to specifically include the ability to refuse to accept the consignment of any livestock believed to have been inadequately cared for prior to delivery to the market, and to announce the name of the consignor of livestock presented for sale upon request.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

TESTIMONY FOR:

The changes contained in this bill are necessary to improve both the operation of public livestock markets and the administration of the markets by the Department of Agriculture.

TESTIMONY AGAINST:None

TESTIFIED:  Richard Ellers, Livestock Marketing Association (pro); Mike Willis, Washington State Department of Agriculture (pro)