CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 6463

 

 

 

 

                        53rd Legislature

                      1994 Regular Session

Passed by the Senate February 15, 1994

  YEAS 28   NAYS 19

 

 

 

President of the Senate

 

Passed by the House March 2, 1994

  YEAS 71   NAYS 25

             CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6463 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

Speaker of the

      House of Representatives

                            Secretary

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                FILED

          

 

 

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE SENATE BILL 6463

          _______________________________________________

 

             Passed Legislature - 1994 Regular Session

 

State of Washington      53rd Legislature     1994 Regular Session

 

By Senate Committee on Agriculture (originally sponsored by Senator M. Rasmussen; by request of Department of Agriculture)

 

Read first time 02/04/94.

 

Revising department of agriculture administrative duties.



    AN ACT Relating to the department of agriculture; amending RCW 15.58.070, 15.58.080, 22.09.011, 22.09.050, 22.09.055, 22.09.830, 16.57.020, 16.57.350, 15.04.400, 15.04.402, 15.36.110, 16.65.030, 16.65.090, 16.58.050, 16.58.130, and 16.57.220; reenacting and amending RCW 16.57.080 and 16.57.220; reenacting RCW 16.65.030, 16.65.090, 16.58.050, 16.58.130, 16.57.090, 16.57.140, and 16.57.400; creating new sections; providing an effective date; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 15.58.070 and 1989 c 380 s 6 are each amended to read as follows:

    (1) Except as provided in subsection (2) of this section, any person desiring to register a pesticide with the department shall pay to the director an annual registration fee for each pesticide registered by the department for such person.  The registration fee for the registration of pesticides for any one person during a calendar year shall be:  One hundred five dollars for each of the first twenty-five pesticides registered; one hundred dollars for each of the twenty-sixth through one-hundredth pesticides registered; seventy-five dollars for each of the one hundred first through one hundred fiftieth pesticides registered; and fifty dollars for each additional pesticide registered.  In addition, the department may establish by rule a registration fee not to exceed ten dollars for each registered product labeled and intended for home and garden use only.  The revenue generated by the home and garden use only fees shall be deposited in the agriculture‑-local fund, to be used to assist in funding activities of the pesticide incident reporting and tracking review panel.  All pesticide registrations expire on December 31st of each year.

    (2) A person desiring to register a label where a special local need exists shall pay to the director a nonrefundable application fee of two hundred dollars upon submission of the registration request.  In addition, a person desiring to renew an approved special local need registration shall pay to the director an annual registration fee of two hundred dollars for each special local needs label registered by the department for such person.  The revenue generated by the special local needs application fees and the special local needs renewal fees shall be deposited in the agricultural local fund to be used to assist in funding the department's special local needs registration activities.  All special local needs registrations expire on December 31st of each year.

    (3) Any registration approved by the director and in effect on the 31st day of December for which a renewal application has been made and the proper fee paid, continues in full force and effect until the director notifies the applicant that the registration has been renewed, or otherwise denied in accord with the provision of RCW 15.58.110.

 

    Sec. 2.  RCW 15.58.080 and 1989 c 380 s 7 are each amended to read as follows:

    If the renewal of a pesticide registration or special needs registration is not filed before January 1st of each year, an additional fee of twenty-five dollars shall be assessed and added to the original fee.  The additional fee shall be paid by the applicant before the registration renewal for that pesticide shall be issued unless the applicant furnishes an affidavit certifying that the applicant did not distribute the unregistered pesticide during the period of nonregistration.  The payment of the additional fee is not a bar to any prosecution for doing business without proper registry.

 

    Sec. 3.  RCW 22.09.011 and 1989 c 354 s 44 are each amended to read as follows:

    The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise.

    (1) "Department" means the department of agriculture of the state of Washington.

    (2) "Director" means the director of the department or his duly authorized representative.

    (3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, association, cooperative, two or more persons having a joint or common interest, or any unit or agency of local, state, or federal government.

    (4) "Agricultural commodities," or "commodities," means:  (a) Grains for which inspection standards have been established under the United States grain standards act; (b) pulses and similar commodities for which inspection standards have been established under the agricultural marketing act of 1946; and (c) other similar agricultural products for which inspection standards have been established or which have been otherwise designated by the department by rule for inspection services or the warehousing requirements of this chapter.

    (5) "Warehouse," also referred to as a public warehouse, means any elevator, mill, subterminal grain warehouse, terminal warehouse, country warehouse, or other structure or enclosure located in this state that is used or useable for the storage of agricultural products, and in which commodities are received from the public for storage, handling, conditioning, or shipment for compensation.  The term does not include any warehouse storing or handling fresh fruits and/or vegetables, any warehouse used exclusively for cold storage, or any warehouse that conditions yearly less than three hundred tons of an agricultural commodity for compensation.

    (6) "Terminal warehouse" means any warehouse designated as a terminal by the department, and located at an inspection point where inspection facilities are maintained by the department and where commodities are ordinarily received and shipped by common carrier.

    (7) "Subterminal warehouse" means any warehouse that performs an intermediate function in which agricultural commodities are customarily received from dealers rather than producers and where the commodities are accumulated before shipment to a terminal warehouse.

    (8) "Station" means two or more warehouses between which commodities are commonly transferred in the ordinary course of business and that are (a) immediately adjacent to each other, or (b) located within the corporate limits of any city or town and subject to the same transportation tariff zone, or (c) at any railroad siding or switching area and subject to the same transportation tariff zone, or (d) at one location in the open country off rail, or (e) in any area that can be reasonably audited by the department as a station under this chapter and that has been established as such by the director by rule  adopted under chapter 34.05 RCW, or (f) within twenty miles of each other but separated by the border between Washington and Idaho or Oregon when the books and records for the station are maintained at the warehouse located in Washington.

    (9) "Inspection point" means a city, town, or other place wherein the department maintains inspection and weighing facilities.

    (10) "Warehouseman" means any person owning, operating, or controlling a warehouse in the state of Washington.

    (11) "Depositor" means (a) any person who deposits a commodity with a Washington state licensed warehouseman for storage, handling, conditioning, or shipment, or (b) any person who is the owner or legal holder of a warehouse receipt, outstanding scale weight ticket, or other evidence of the deposit of a commodity with a Washington state licensed warehouseman or (c) any producer whose agricultural commodity has been sold to a grain dealer through the dealer's place of business located in the state of Washington, or any Washington producer whose agricultural commodity has been sold to or is under the control of a grain dealer, whose place of business is located outside the state of Washington.

    (12) "Historical depositor" means any person who in the normal course of business operations has consistently made deposits in the same warehouse of commodities produced on the same land.  In addition the purchaser, lessee, and/or inheritor of such land from the original historical depositor with reference to the land shall be considered a historical depositor with regard to the commodities produced on the land.

    (13) "Grain dealer" means any person who, through his place of business located in the state of Washington, solicits, contracts for, or obtains from a producer, title, possession, or control of any agricultural commodity for purposes of resale, or any person who solicits, contracts for, or obtains from a Washington producer, title, possession, or control of any agricultural commodity for purposes of resale.

    (14) "Producer" means any person who is the owner, tenant, or operator of land who has an interest in and is entitled to receive all or any part of the proceeds from the sale of a commodity produced on that land.

    (15) "Warehouse receipt" means a negotiable or nonnegotiable warehouse receipt as provided for in Article 7 of Title 62A RCW.

    (16) "Scale weight ticket" means a load slip or other evidence of deposit, serially numbered, not including warehouse receipts as defined in subsection (15) of this section, given a depositor on request upon initial delivery of the commodity to the warehouse and showing the warehouse's name and state number, type of commodity, weight thereof, name of depositor, and the date delivered.

    (17) "Put through" means agricultural commodities that are deposited in a warehouse for receiving, handling, conditioning, or shipping, and on which the depositor has concluded satisfactory arrangements with the warehouseman for the immediate or impending shipment of the commodity.

    (18) "Conditioning" means, but is not limited to, the drying or cleaning of agricultural commodities.

    (19) "Deferred price contract" means a contract for the sale of commodities that conveys the title and all rights of ownership to the commodities represented by the contract to the buyer, but allows the seller to set the price of the commodities at a later date based on an agreed upon relationship to a future month's price or some other mutually agreeable method of price determination.  Deferred price contracts include but are not limited to those contracts commonly referred to as delayed price, price later contracts, or open price contracts.

    (20) "Shortage" means that a warehouseman does not have in his possession sufficient commodities at each of his stations to cover the outstanding warehouse receipts, scale weight tickets, or other evidence of storage liability issued or assumed by him for the station.

    (21) "Failure" means:

    (a) An inability to financially satisfy claimants in accordance with this chapter and the time limits provided for in it;

    (b) A public declaration of insolvency;

    (c) A revocation of license and the leaving of an outstanding indebtedness to a depositor;

    (d) A failure to redeliver any commodity to a depositor or to pay depositors for commodities purchased by a licensee in the ordinary course of business and where a bona fide dispute does not exist between the licensee and the depositor;

    (e) A failure to make application for license renewal within sixty days after the annual license renewal date; or

    (f) A denial of the application for a license renewal.

    (22) "Original inspection" means an initial, official inspection of a grain or commodity.

    (23) "Reinspection" means an official review of the results of an original inspection service by an inspection office that performed that original inspection service.  A reinspection may be performed either on the basis of the official file sample or a new sample obtained by the same means as the original if the lot remains intact.

    (24) "Appeal inspection" means, for commodities covered by federal standards, a review of original inspection or reinspection results by an authorized United States department of agriculture inspector.  For commodities covered under state standards, an appeal inspection means a review of original or reinspection results by a supervising inspector.  An appeal inspection may be performed either on the basis of the official file sample or a new sample obtained by the same means as the original if the lot remains intact.

    (25) "Exempt grain dealer" means a grain dealer who purchases less than one hundred thousand dollars of covered commodities annually from producers, and operates under the provisions of RCW 22.09.060.

 

    Sec. 4.  RCW 22.09.050 and 1991 c 109 s 25 are each amended to read as follows:

    Any application for a license to operate a warehouse shall be accompanied by a license fee of ((four)) twelve hundred dollars for a terminal warehouse, ((three)) nine hundred dollars for a subterminal warehouse, and ((one)) three hundred and fifty dollars for a country warehouse.  If a licensee operates more than one warehouse under one state license as provided for in RCW 22.09.030, the license fee shall be computed by multiplying the number of physically separated warehouses within the station by the applicable terminal, subterminal, or country warehouse license fee.

    If an application for renewal of a warehouse license or licenses is not received by the department prior to the renewal date or dates established by the director by rule, a penalty of fifty dollars for the first week and one hundred dollars for each week thereafter shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license may be issued.  This penalty does not apply if the applicant furnishes an affidavit certifying that he has not acted as a warehouseman subsequent to the expiration of his or her prior license.

 

    Sec. 5.  RCW 22.09.055 and 1991 c 109 s 26 are each amended to read as follows:

    An application for a license to operate as a grain dealer shall be accompanied by a license fee of ((three)) six hundred dollars ((unless the applicant is also a licensed warehouseman, in which case the fee for a grain dealer license shall be one hundred fifty dollars)).  The license fee for exempt grain dealers ((exempted from bonding under RCW 22.09.060)) shall be ((seventy-five)) one hundred fifty dollars.

    If an application for renewal of a grain dealer or exempt grain dealer license is not received by the department before the renewal date or dates established by the director by rule, a penalty of fifty dollars for the first week and one hundred dollars for each week thereafter shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license may be issued.  This penalty does not apply if the applicant furnishes an affidavit certifying that he has not acted as a grain dealer or exempt grain dealer after the expiration of his or her prior license.

 

    Sec. 6.  RCW 22.09.830 and 1989 c 354 s 52 are each amended to read as follows:

    (1) All moneys collected as ((warehouse license fees,)) fees for weighing, grading, and inspecting commodities and all other fees collected under the provisions of this chapter, except as provided in subsections (2) and (3) of this section, shall be deposited in the grain inspection revolving fund, which is hereby established.  The state treasurer is the custodian of the revolving fund.  Disbursements from the revolving fund shall be on authorization of the director of the department of agriculture.  The revolving fund is subject to the allotment procedure provided in chapter 43.88 RCW, but no appropriation is required for disbursements from the fund.  The fund shall be used for all expenses directly incurred by the ((commodity inspection division)) grain inspection program in carrying out the provisions of this chapter.  The department may use so much of such fund not exceeding five percent thereof as the director of agriculture may determine necessary for research and promotional work, including rate studies, relating to wheat and wheat products.

    (2) All fees collected for the inspection, grading, and testing of hops shall be deposited into the hop inspection fund, which is hereby established, and shall be retained by the department for the purpose of inspecting, grading, and testing hops.  Any moneys in any fund retained by the department on July 1, 1963, and derived from hop inspection and grading shall be deposited to this hop inspection fund.  For the purposes of research which would contribute to the development of superior hop varieties and to improve hop production and harvest practices, the department may expend up to twenty percent of the moneys deposited in the hop inspection fund during the fiscal year ending June 30th immediately preceding the year in which such expenditures are to be made.  No expenditures shall be made under the provisions of this subsection when the hop inspection fund is, or the director may reasonably anticipate that it will be, reduced below twenty thousand dollars as the result of such expenditure or other necessary expenditures made to carry out the inspection, grading, and testing of hops.

    (3) All moneys collected by the grain warehouse audit program, including grain warehouse license fees pursuant to RCW 22.09.050 and 22.09.055, shall be deposited by the director into the grain warehouse audit account, hereby created within the agricultural local fund established in RCW 43.23.230.  Moneys collected shall be used to support the grain warehouse audit program.

 

    Sec. 7.  RCW 16.57.020 and 1971 ex.s. c 135 s 1 are each amended to read as follows:

    The director shall be the recorder of livestock brands and such brands shall not be recorded elsewhere in this state.  Any person desiring to register a livestock brand shall apply on a form prescribed by the director.  Such application shall be accompanied by a facsimile of the brand applied for and a ((twenty-five)) thirty-five dollar recording fee.  The director shall, upon his or her satisfaction that the application and brand facsimile meet((s)) the requirements of this chapter and/or rules ((and regulations)) adopted hereunder, record such brand.

 

    Sec. 8.  RCW 16.57.350 and 1959 c 54 s 35 are each amended to read as follows:

    The director((, but not his duly appointed representatives,)) may adopt such rules ((and/or regulations)) as are necessary to carry out the purposes of this chapter.  It shall be the duty of the director to enforce and carry out the provisions of this chapter and/or rules ((and regulations)) adopted hereunder.  No person shall interfere with the director when he or she is performing or carrying out duties imposed on him or her by this chapter and/or rules ((and regulations)) adopted hereunder.

 

    Sec. 9.  RCW 15.04.400 and 1991 c 280 s 1 are each amended to read as follows:

    The history, economy, culture, and the future of Washington state to a large degree all involve agriculture, which is vital to the economic well-being of the state.  The legislature finds that farmers and ranchers are responsible stewards of the land, but are increasingly subjected to complaints and unwarranted restrictions that encourage, and even force, the premature removal of lands from agricultural uses.

    The legislature further finds that it is now in the overriding public interest that support for agriculture be clearly expressed and that adequate protection be given to agricultural lands, uses, activities, and operations.

    The legislature further finds that the department of agriculture has a duty to promote and protect agriculture and its dependent rural community in Washington state however, the duty shall not be construed as to diminish the responsibility of the department to fully carry out its assigned regulatory responsibilities to protect the public health and welfare.

 

    Sec. 10.  RCW 15.04.402 and 1991 c 280 s 2 are each amended to read as follows:

    The department shall seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber.  Additionally, the department shall seek, consistent with its regulatory responsibilities, to maintain the economic well-being of the agricultural industry and its dependent rural community in Washington state.

 

    Sec. 11.  RCW 15.36.110 and 1989 c 354 s 17 are each amended to read as follows:

    During each six months period at least four samples of milk and cream from each dairy farm and each milk plant shall be taken on separate days and examined in a laboratory approved by the director:  PROVIDED, That in the case of raw milk for pasteurization the director may accept the results of nonofficial laboratories which have been officially checked periodically and found satisfactory.  Samples of other milk products may be taken and examined in a laboratory approved by the director as often as he or she deems necessary.  Samples of milk and milk products from stores, cafes, soda fountains, restaurants, and other places where milk or milk products are sold shall be examined as often as the director may require.  Bacterial plate counts, direct microscopic counts, coliform determinations, phosphatase tests and other laboratory tests shall conform to the procedures in the current edition of "Standard Methods For The Examination Of Dairy Products," recommended by the American public health association.  Examinations may include such other chemical and physical determinations as the director may deem necessary for the detection of adulteration.  Samples may be taken by the director at any time prior to the final delivery of the milk or milk products.  All proprietors of cafes, stores, restaurants, soda fountains, and other similar places shall furnish the director, upon his request, with the name of all distributors from whom their milk and milk products are obtained.  Bio-assays of the vitamin D content of vitamin D milk shall be made when required by the director in a laboratory approved by him or her for such examinations.

    If two of the last four consecutive bacterial counts, somatic cell counts, coliform determinations, or cooling temperatures, taken on separate days, exceed the standard for milk or milk products, the director shall send written notice thereof to the person concerned.  This notice shall remain in effect so long as two of the last four consecutive samples exceed the limit of the standard.  An additional sample shall be taken within twenty-one days of the sending of the notice, but not before the lapse of three days, except sixty days must lapse before an official somatic cell count can be taken.  The director shall degrade or suspend the grade A permit whenever the standard is again violated so that three of the last five consecutive samples exceed the limit of the standard.  A grade A permit shall subsequently be reinstated in notice status upon receipt of sample results that are within the standard for which the suspension occurred.

    In case of violation of the phosphatase test requirements, the cause of underpasteurization shall be determined and removed before milk or milk products from this plant can again be sold as pasteurized milk or milk products.

 

    Sec. 12.  RCW 16.65.030 and 1993 c 354 s 1 are each reenacted to read as follows:

    (1) On and after June 10, 1959, no person shall operate a public livestock market without first having obtained a license from the director.  Application for such license or renewal thereof shall be in writing on forms prescribed by the director, and shall include the following:

    (a) A legal description of the property upon which the public livestock market shall be located.

    (b) A complete description and blueprints or plans of the public livestock market physical plant, yards, pens, and all facilities the applicant proposes to use in the operation of such public livestock market.

    (c) A detailed statement showing all the assets and liabilities of the applicant which must reflect a sufficient net worth to construct or operate a public livestock market.

    (d) The schedule of rates and charges the applicant proposes to impose on the owners of livestock for services rendered in the operation of such livestock market.

    (e) The weekly or monthly sales day or days on which the applicant proposes to operate his or her public livestock market sales.

    (f) Projected source and quantity of livestock, by county, anticipated to be handled.

    (g) Projected income and expense statements for the first year's operation.

    (h) Facts upon which are based the conclusion that the trade area and the livestock industry will benefit because of the proposed market.

    (i) Such other information as the director may reasonably require.

    (2) The director shall, after public hearing as provided by chapter 34.05 RCW, grant or deny an application for original license for a public livestock market after considering evidence and testimony relating to all of the requirements of this section and giving reasonable consideration at the same hearing to:

    (a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application; and

    (b) The present market services elsewhere available to the trade area proposed to be served.

    (3) Such application shall be accompanied by a license fee based on the average gross sales volume per official sales day of that market:

    (a) Markets with an average gross sales volume up to and including ten thousand dollars, a fee of no less than one hundred dollars or more than one hundred fifty dollars;

    (b) Markets with an average gross sales volume over ten thousand dollars and up to and including fifty thousand dollars, a fee of no less than two hundred dollars or more than three hundred fifty dollars; and

    (c) Markets with an average gross sales volume over fifty thousand dollars, a fee of no less than three hundred dollars or more than four hundred fifty dollars.

    The fees for public livestock market licensees shall be set by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.

    (4) Any applicant operating more than one public livestock market shall make a separate application for a license to operate each such public livestock market, and each such application shall be accompanied by the appropriate license fee.

    (5) Upon the approval of the application by the director and compliance with the provisions of this chapter, the applicant shall be issued a license or renewal thereof.  Any license issued under the provisions of this chapter shall only be valid at location and for the sales day or days for which the license was issued.

 

    Sec. 13.  RCW 16.65.090 and 1993 c 354 s 2 are each reenacted to read as follows:

    The director shall provide for brand inspection.  When such brand inspection is required the licensee shall collect from the consignor and pay to the department, as provided by law, a fee for brand inspection for each animal consigned to the public livestock market or special open consignment horse sale.  The director shall set by rule, adopted after a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015, a minimum daily inspection fee that shall be paid to the department by the licensee.  Such a fee shall be not less than sixty dollars and not more than ninety dollars.

 

    Sec. 14.  RCW 16.58.050 and 1993 c 354 s 3 are each reenacted to read as follows:

    The application for an annual license to engage in the business of operating one or more certified feed lots shall be accompanied by a license fee of no less than five hundred dollars or no more than seven hundred fifty dollars.  The actual license fee for a certified feed lot license shall be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.  Upon approval of the application by the director and compliance with the provisions of this chapter and rules adopted hereunder, the applicant shall be issued a license or a renewal thereof.

 

    Sec. 15.  RCW 16.58.130 and 1993 c 354 s 4 are each reenacted to read as follows:

    Each licensee shall pay to the director a fee of no less than ten cents but no more than fifteen cents for each head of cattle handled through the licensee's feed lot.  The fee shall be set by the director by rule after a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.  Payment of such fee shall be made by the licensee on a monthly basis.  Failure to pay as required shall be grounds for suspension or revocation of a certified feed lot license.  Further, the director shall not renew a certified feed lot license if a licensee has failed to make prompt and timely payments.

 

    Sec. 16.  RCW 16.57.080 and 1993 c 354 s 5 are each reenacted and amended to read as follows:

    The director shall establish by rule a schedule for the renewal of registered brands.  The fee for renewal of the brands shall be no less than twenty-five dollars for each two-year period of brand ownership, except that the director may, in adopting a renewal schedule, provide for the collection of renewal fees on a prorated basis and may by rule increase the registration and renewal fee for brands by no more than fifty percent subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.  At least ((one hundred twenty)) sixty days before the expiration of a registered brand, the director shall notify by letter the owner of record of the brand that on the payment of the requisite application fee and application of renewal the director shall issue the proof of payment allowing the brand owner exclusive ownership and use of the brand for the subsequent registration period.  The failure of the registered owner to pay the renewal fee by the date required by rule shall cause such owner's brand to revert to the department.  The director may for a period of one year following such reversion, reissue such brand only to the prior registered owner upon payment of the registration fee and a late filing fee to be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015, for renewal subsequent to the regular renewal period.  The director may at the director's discretion, if such brand is not reissued within one year to the prior registered owner, issue such brand to any other applicant.

 

    Sec. 17.  RCW 16.57.090 and 1993 c 354 s 6 are each reenacted to read as follows:

    A brand is the personal property of the owner of record.  Any instrument affecting the title of such brand shall be acknowledged in the presence of the recorded owner and a notary public.  The director shall record such instrument upon presentation and payment of a recording fee not to exceed fifteen dollars to be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.  Such recording shall be constructive notice to all the world of the existence and conditions affecting the title to such brand.  A copy of all records concerning the brand, certified by the director, shall be received in evidence to all intent and purposes as the original instrument.  The director shall not be personally liable for failure of the director's agents to properly record such instrument.

 

    Sec. 18.  RCW 16.57.140 and 1993 c 354 s 7 are each reenacted to read as follows:

    The owner of a brand of record may procure from the director a certified copy of the record of the owner's brand upon payment of a fee not to exceed seven dollars and fifty cents to be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.

 

    Sec. 19.  RCW 16.57.220 and 1993 c 354 s 8 are each reenacted and amended to read as follows:

    The director shall cause a charge to be made for all brand inspection of cattle and horses required under this chapter and rules adopted hereunder.  Such charges shall be paid to the department by the owner or person in possession unless requested by the purchaser and then such brand inspection shall be paid by the purchaser requesting such brand inspection.  Such inspection charges shall be due and payable at the time brand inspection is performed and shall be paid upon billing by the department and if not shall constitute a prior lien on the cattle or cattle hides or horses or horse hides brand inspected until such charge is paid.  The director in order to best utilize the services of the department in performing brand inspection may establish schedules by days and hours when a brand inspector will be on duty to perform brand inspection at established inspection points.  The fees for brand inspection shall be not less than fifty cents nor more than seventy-five cents per head for cattle and not less than two dollars nor more than three dollars per head for horses as prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.  Fees for brand inspection of cattle and horses performed by the director at points other than those designated by the director or not in accord with the schedules established by the director shall be based on a fee schedule not to exceed actual net cost to the department of performing the brand inspection service.  ((Such schedule of fees shall be established subsequent to a hearing and all regulations concerning fees shall be adopted in accord with the provisions of chapter 34.05 RCW, the Administrative Procedure Act, concerning the adoption of rules as enacted or hereafter amended.)) For the purpose of this section, actual costs shall mean fifteen dollars per hour and the current mileage rate set by the office of financial management.

 

    Sec. 20.  RCW 16.57.400 and 1993 c 354 s 9 are each reenacted to read as follows:

    The director may provide by rules and regulations adopted pursuant to chapter 34.05 RCW for the issuance of individual horse and cattle identification certificates or other means of horse and cattle identification deemed appropriate.  Such certificates or other means of identification shall be valid only for the use of the horse and cattle owner in whose name it is issued.

    Horses and cattle identified pursuant to the provisions of this section and the rules and regulations adopted hereunder shall not be subject to brand inspection except when sold at points provided for in RCW 16.57.380.  The director shall charge a fee for the certificates or other means of identification authorized pursuant to this section and no identification shall be issued until the director has received the fee.  The schedule of fees shall be established in accordance with the provisions of chapter 34.05 RCW.

 

    Sec. 21.  RCW 16.65.030 and 1993 c 354 s 1 are each amended to read as follows:

    (1) On and after June 10, 1959, no person shall operate a public livestock market without first having obtained a license from the director.  Application for such license or renewal thereof shall be in writing on forms prescribed by the director, and shall include the following:

    (a) A legal description of the property upon which the public livestock market shall be located.

    (b) A complete description and blueprints or plans of the public livestock market physical plant, yards, pens, and all facilities the applicant proposes to use in the operation of such public livestock market.

    (c) A detailed statement showing all the assets and liabilities of the applicant which must reflect a sufficient net worth to construct or operate a public livestock market.

    (d) The schedule of rates and charges the applicant proposes to impose on the owners of livestock for services rendered in the operation of such livestock market.

    (e) The weekly or monthly sales day or days on which the applicant proposes to operate his or her public livestock market sales.

    (f) Projected source and quantity of livestock, by county, anticipated to be handled.

    (g) Projected income and expense statements for the first year's operation.

    (h) Facts upon which are based the conclusion that the trade area and the livestock industry will benefit because of the proposed market.

    (i) Such other information as the director may reasonably require.

    (2) The director shall, after public hearing as provided by chapter 34.05 RCW, grant or deny an application for original license for a public livestock market after considering evidence and testimony relating to all of the requirements of this section and giving reasonable consideration at the same hearing to:

    (a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application; and

    (b) The present market services elsewhere available to the trade area proposed to be served.

    (3) Such application shall be accompanied by a license fee based on the average gross sales volume per official sales day of that market:

    (a) Markets with an average gross sales volume up to and including ten thousand dollars, a ((fee of no less than)) one hundred twenty dollar((s or more than one hundred fifty dollars)) fee;

    (b) Markets with an average gross sales volume over ten thousand dollars and up to and including fifty thousand dollars, a ((fee of no less than)) two hundred forty dollar((s or more than three hundred fifty dollars)) fee; and

    (c) Markets with an average gross sales volume over fifty thousand dollars, a ((fee of no less than)) three hundred sixty dollar((s or more than four hundred fifty dollars)) fee.

    ((The fees for public livestock market licensees shall be set by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.))

    (4) Any applicant operating more than one public livestock market shall make a separate application for a license to operate each such public livestock market, and each such application shall be accompanied by the appropriate license fee.

    (5) Upon the approval of the application by the director and compliance with the provisions of this chapter, the applicant shall be issued a license or renewal thereof.  Any license issued under the provisions of this chapter shall only be valid at location and for the sales day or days for which the license was issued.

 

    Sec. 22.  RCW 16.65.090 and 1993 c 354 s 2 are each amended to read as follows:

    The director shall provide for brand inspection.  When such brand inspection is required the licensee shall collect from the consignor and pay to the department, as provided by law, a fee for brand inspection for each animal consigned to the public livestock market or special open consignment horse sale:  PROVIDED, That if in any one sale day the total fees collected for brand inspection do not exceed seventy-two dollars, then such licensee shall pay seventy-two dollars for such brand inspection or as much thereof as the director may prescribe.  ((The director shall set by rule, adopted after a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015, a minimum daily inspection fee that shall be paid to the department by the licensee.  Such a fee shall be not less than sixty dollars and not more than ninety dollars.))

 

    Sec. 23.  RCW 16.58.050 and 1993 c 354 s 3 are each amended to read as follows:

    The application for an annual license to engage in the business of operating one or more certified feed lots shall be accompanied by a license fee of ((no less than five)) six hundred dollars ((or no more than seven hundred fifty dollars.  The actual license fee for a certified feed lot license shall be prescribed by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015)).  Upon approval of the application by the director and compliance with the provisions of this chapter and rules adopted hereunder, the applicant shall be issued a license or a renewal thereof.

 

    Sec. 24.  RCW 16.58.130 and 1993 c 354 s 4 are each amended to read as follows:

    Each licensee shall pay to the director a fee of ((no less than ten)) twelve cents ((but no more than fifteen cents)) for each head of cattle handled through the licensee's feed lot.  ((The fee shall be set by the director by rule after a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.))  Payment of such fee shall be made by the licensee on a monthly basis.  Failure to pay as required shall be grounds for suspension or revocation of a certified feed lot license.  Further, the director shall not renew a certified feed lot license if a licensee has failed to make prompt and timely payments.

 

    Sec. 25.  RCW 16.57.220 and 1993 c 354 s 8 are each amended to read as follows:

    The director shall cause a charge to be made for all brand inspection of cattle and horses required under this chapter and rules adopted hereunder.  Such charges shall be paid to the department by the owner or person in possession unless requested by the purchaser and then such brand inspection shall be paid by the purchaser requesting such brand inspection.  Such inspection charges shall be due and payable at the time brand inspection is performed and shall be paid upon billing by the department and if not shall constitute a prior lien on the cattle or cattle hides or horses or horse hides brand inspected until such charge is paid.  The director in order to best utilize the services of the department in performing brand inspection may establish schedules by days and hours when a brand inspector will be on duty to perform brand inspection at established inspection points.  The fees for brand inspection performed at inspection points according to schedules established by the director shall be ((not less than fifty)) sixty cents ((nor more than seventy-five cents)) per head for cattle and not ((less)) more than two dollars ((nor more than three dollars)) and forty cents per head for horses as prescribed by the director ((by rule)) subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015.  Fees for brand inspection of cattle and horses performed by the director at points other than those designated by the director or not in accord with the schedules established by the director shall be based on a fee schedule not to exceed actual net cost to the department of performing the brand inspection service.  Such schedule of fees shall be established subsequent to a hearing and all regulations concerning fees shall be adopted in accord with the provisions of chapter 34.05 RCW, the Administrative Procedure Act, concerning the adoption of rules as enacted or hereafter amended.

 

    NEW SECTION.  Sec. 26.  The reenactment of sections 12 through 20 of this act constitutes approval of fee increases for which prior legislative approval is required by RCW 43.135.055 (section 8, chapter 2, Laws of 1994, Initiative Measure No. 601).

 

    NEW SECTION.  Sec. 27.  A task force on livestock brand inspection is hereby created.  The task force shall be composed of:  Two members of the house of representatives appointed by the speaker of the house of representatives, one from each political party caucus in the house of representatives; two members of the senate appointed by the president of the senate, one from each political party caucus in the senate; the director of agriculture or the director's designee; and citizen members appointed by the speaker of the house of representatives and the president of the senate representing the livestock industry including those who are beef cattle producers, horseowners, dairy cattle farmers, cattle feeders, public livestock market operators, and meat processors.

    The task force shall examine means of providing a cost-efficient and effective livestock brand inspection program and shall report its recommendations regarding such a program to the legislature by December 1, 1994.

    This section shall expire on June 1, 1995.

 

    NEW SECTION.  Sec. 28.  Sections 1 through 20, 26, and 27 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

 

    NEW SECTION.  Sec. 29.  Sections 21 through 25 of this act shall take effect July 1, 1997.

 


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