H-2486.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2089
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By House Committee on Agriculture & Ecology (originally sponsored by Representatives Chandler and Honeyford)
Read first time 03/05/97.
AN ACT Relating to identification of livestock; amending RCW 16.57.010, 16.57.015, 16.57.020, 16.57.030, 16.57.040, 16.57.070, 16.57.080, 16.57.090, 16.57.100, 16.57.105, 16.57.110, 16.57.120, 16.57.130, 16.57.140, 16.57.150, 16.57.160, 16.57.165, 16.57.170, 16.57.180, 16.57.200, 16.57.210, 16.57.220, 16.57.230, 16.57.240, 16.57.260, 16.57.270, 16.57.290, 16.57.300, 16.57.310, 16.57.320, 16.57.330, 16.57.340, 16.57.350, 16.57.360, 16.57.370, 16.57.380, 16.57.400, 16.57.410, 16.58.020, 16.58.030, 16.58.040, 16.58.050, 16.58.060, 16.58.070, 16.58.080, 16.58.095, 16.58.100, 16.58.110, 16.58.120, 16.58.140, 16.58.160, 16.65.090, and 39.29.040; reenacting and amending RCW 41.06.070; adding new sections to chapter 16.57 RCW; creating a new section; repealing RCW 16.58.130; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 16.57.010 and 1996 c 105 s 1 are each amended to read as follows:
For the purpose of this chapter:
(1) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the department or a duly appointed representative.
(3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.
(4) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats, poultry and rabbits.
(5)
"Brand" means a permanent fire brand or any artificial mark, other
than an individual identification symbol, approved by the ((director)) board
to be used in conjunction with a brand or by itself.
(6) "Production record brand" means a number brand which shall be used for production identification purposes only.
(7) "Brand inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides and/or the application of any artificial identification such as back tags or ear clips necessary to preserve the identity of the livestock or livestock hides examined.
(8)
"Individual identification symbol" means a permanent mark placed on a
horse for the purpose of individually identifying and registering the horse and
which has been approved for use as such by the ((director)) board.
(9) "Registering agency" means any person issuing an individual identification symbol for the purpose of individually identifying and registering a horse.
(10) "Poultry" means chickens, turkeys, ratites, and other domesticated fowl.
(11) "Ratite" means, but is not limited to, ostrich, emu, rhea, or other flightless bird used for human consumption, whether live or slaughtered.
(12) "Ratite farming" means breeding, raising, and rearing of an ostrich, emu, or rhea in captivity or an enclosure.
(13) "Microchipping" means the implantation of an identification microchip or similar electronic identification device to establish the identity of an individual animal:
(a) In the pipping muscle of a chick ratite or the implantation of a microchip in the tail muscle of an otherwise unidentified adult ratite;
(b)
In the nuchal ligament of a horse unless otherwise specified by rule of the ((director))
board; and
(c)
In locations of other livestock species as specified by rule of the ((director))
board when requested by an association of producers of that species of
livestock.
(14) "Livestock identification board" or "board" means the body of five members appointed by the governor that includes one beef producer, one cattle feeder, one dairy producer, one livestock market owner, and one horse producer.
Sec. 2. RCW 16.57.015 and 1993 c 354 s 10 are each amended to read as follows:
(1)
((The director shall establish a livestock identification advisory board.
The board shall be composed of six members appointed by the director. One
member shall represent each of the following groups: Beef producers, public
livestock market operators, horse owners, dairy farmers, cattle feeders, and
meat processors. In making appointments, the director shall solicit
nominations from organizations representing these groups state-wide.
(2)
The purpose of the board is to provide advice to the director regarding
livestock identification programs administered under this chapter and regarding
brand inspection fees and related licensing fees. The director shall consult
the board before adopting, amending, or repealing a rule under this chapter or
altering a fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090. If the
director publishes in the state register a proposed rule to be adopted under
the authority of this chapter or a proposed rule setting a fee under RCW
16.58.050, 16.58.130, 16.65.030, or 16.65.090 and the rule has not received the
approval of the advisory board, the director shall file with the board a
written statement setting forth the director's reasons for proposing the rule
without the board's approval.
(3)
The members of the advisory board serve three-year terms. However, the
director shall by rule provide shorter initial terms for some of the members of
the board to stagger the expiration of the initial terms. The members serve
without compensation. The director may authorize the expenses of a member to
be reimbursed if the member is selected to attend a regional or national
conference or meeting regarding livestock identification. Any such
reimbursement shall be in accordance with RCW 43.03.050 and 43.03.060.)) There
is established a Washington state livestock identification board. The board is
composed of five members appointed by the governor and includes one beef
producer, one cattle feeder, one dairy producer, one livestock market owner,
and one horse producer. The governor shall appoint members to the board from
nominees by organizations representing these groups state-wide. Three members
of the initial board shall be appointed for two years and two members shall be
appointed for three years, thereafter members shall be appointed for a
three-year term. Members may succeed themselves.
(2) The board shall administer the livestock identification program which includes the review of recording and registration of brands, approval of all expenditures from the livestock identification account, administration of the inspection and enforcement activities including the employment of personnel, fee setting, and holding hearings and adopting rules for the administration of the livestock identification program.
(3) The board may contract with another agency or a private or nonprofit corporation or company for registration and recording or for livestock inspection or investigation work and fix the compensation and terms of the contract.
(4) Members of the board shall receive compensation as provided by RCW 43.03.240 and travel expenses to meetings or in otherwise carrying out the duties of the board as provided under RCW 43.03.050 and 43.03.060. The board shall meet at least quarterly in each calendar year. The board shall hire staff as necessary to carry out its duties.
NEW SECTION. Sec. 3. A new section is added to chapter 16.57 RCW to read as follows:
There is established a Washington state livestock identification account in the custody of the state treasurer into which all moneys collected or received from registration, recording, inspection, or enforcement under this chapter, chapter 16.58 RCW, and RCW 16.65.090 shall be deposited. These moneys shall be used solely for the Washington state livestock identification program. Only the board may authorize expenditures from this account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
Sec. 4. RCW 16.57.020 and 1994 c 46 s 7 are each amended to read as follows:
The
((director)) board 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))
board. Such application shall be accompanied by a facsimile of the
brand applied for and a thirty-five dollar recording fee. The ((director))
board shall, upon ((his or her)) their satisfaction that
the application and brand facsimile meet the requirements of this chapter
and/or rules adopted hereunder, record such brand.
The director of agriculture may be designated by the board as the recorder of livestock brands. The recording fee shall be deposited by the director in the Washington state livestock identification account and shall be used solely for livestock identification program purposes as provided in this chapter and only as authorized by the board.
NEW SECTION. Sec. 5. A new section is added to chapter 16.57 RCW to read as follows:
The board may designate another agency or private or nonprofit corporation or company to register and record brands or do livestock inspection or investigation work within the state of Washington. A designated entity shall comply with this chapter and the rules adopted by the board.
Sec. 6. RCW 16.57.030 and 1959 c 54 s 3 are each amended to read as follows:
The
((director)) board shall not record tattoo brands or marks for
any purpose subsequent to the enactment of this chapter. However, all tattoo
brands and marks of record on the date of the enactment of this chapter shall
be recognized as legal ownership brands or marks.
Sec. 7. RCW 16.57.040 and 1974 ex.s. c 64 s 1 are each amended to read as follows:
The
((director)) board may provide for the use of production record
brands. Numbers for such brands shall be issued at the discretion of the ((director))
board and shall be placed on livestock immediately below the registered
ownership brand or any other location prescribed by the ((director)) board.
Sec. 8. RCW 16.57.070 and 1959 c 54 s 7 are each amended to read as follows:
The
((director)) board shall determine conflicting claims between
applicants to a brand, and in so doing shall consider the priority of
applicants.
Sec. 9. RCW 16.57.080 and 1994 c 46 s 16 are each amended to read as follows:
The
((director)) board 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)) board 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 sixty days before the expiration of a
registered brand, the ((director)) board 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)) board
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)) board
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)) board 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))
board may at the ((director's)) board's discretion, if
such brand is not reissued within one year to the prior registered owner, issue
such brand to any other applicant.
Sec. 10. RCW 16.57.090 and 1994 c 46 s 17 are each amended 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)) board shall
record such instrument upon presentation and payment of a recording fee not to
exceed fifteen dollars to be prescribed by the ((director)) board
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)) board,
shall be received in evidence to all intent and purposes as the original
instrument. The ((director)) board shall not be personally
liable for failure of the ((director's)) board's agents to
properly record such instrument.
Sec. 11. RCW 16.57.100 and 1971 ex.s. c 135 s 3 are each amended to read as follows:
The
right to use a brand shall be evidenced by the original certificate issued by
the ((director)) board showing that the brand is of present
record or a certified copy of the record of such brand showing that it is of
present record. A healed brand of record on livestock shall be prima facie
evidence that the recorded owner of such brand has legal title to such
livestock and is entitled to its possession: PROVIDED, That the ((director))
board may require additional proof of ownership of any animal showing
more than one healed brand.
Sec. 12. RCW 16.57.105 and 1967 c 240 s 38 are each amended to read as follows:
Any
person having a brand recorded with the department shall have a preemptory
right to use such brand and its design under any newly approved method of
branding adopted by the ((director)) board.
Sec. 13. RCW 16.57.110 and 1959 c 54 s 11 are each amended to read as follows:
No
brand shall be placed on livestock that is not permanent in nature and of a
size that is not readily visible. The ((director)) board, in
order to assure that brands are readily visible, may prescribe the size of
branding irons to be used for ownership brands.
Sec. 14. RCW 16.57.120 and 1991 c 110 s 2 are each amended to read as follows:
No
person shall remove or alter a brand of record on livestock without first
having secured the written permission of the ((director)) board.
Violation of this section shall be a gross misdemeanor punishable to the same
extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 15. RCW 16.57.130 and 1959 c 54 s 13 are each amended to read as follows:
The
((director)) board shall not record a brand that is identical to
a brand of present record; nor a brand so similar to a brand of present record
that it will be difficult to distinguish between such brands when applied to
livestock.
Sec. 16. RCW 16.57.140 and 1994 c 46 s 18 are each amended to read as follows:
The
owner of a brand of record may procure from the ((director)) board
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))
board by rule subsequent to a hearing under chapter 34.05 RCW and in
conformance with RCW 16.57.015.
Sec. 17. RCW 16.57.150 and 1974 ex.s. c 64 s 5 are each amended to read as follows:
The
((director)) board shall publish a book to be known as the
"Washington State Brand Book", showing all the brands of record.
Such book shall contain the name and address of the owners of brands of record
and a copy of the brand laws and regulations. Supplements to such brand book
showing newly recorded brands, amendments or newly adopted regulations, shall
be published biennially, or prior thereto at the discretion of the ((director))
board: PROVIDED, That whenever ((he deems it)) necessary, the ((director))
board may issue a new brand book.
Sec. 18. RCW 16.57.160 and 1991 c 110 s 3 are each amended to read as follows:
The
((director)) board may by rule adopted subsequent to a public
hearing designate any point for mandatory brand inspection of cattle or the
furnishing of proof that cattle passing or being transported through such
points have been brand inspected and are lawfully being moved. Further, the ((director))
board may stop vehicles carrying cattle to determine if such cattle are
identified, branded, or accompanied by the form prescribed by the ((director))
board under RCW 16.57.240 or a brand certificate issued by the
department.
Sec. 19. RCW 16.57.165 and 1971 ex.s. c 135 s 6 are each amended to read as follows:
The
((director)) board may, in order to reduce the cost of brand
inspection to livestock owners, enter into agreements with any qualified
county, municipal, or other local law enforcement agency, or qualified
individuals for the purpose of performing brand inspection in areas where
department brand inspection may not readily be available.
Sec. 20. RCW 16.57.170 and 1959 c 54 s 17 are each amended to read as follows:
The
((director)) board may enter at any reasonable time any
slaughterhouse or public livestock market to make an examination of the brands
on livestock or hides, and may enter at any reasonable time an establishment
where hides are held to examine them for brands. The ((director)) board
may enter any of these premises at any reasonable time to examine all books and
records required by law in matters relating to brand inspection or other
methods of livestock identification.
Sec. 21. RCW 16.57.180 and 1959 c 54 s 18 are each amended to read as follows:
Should
the ((director)) board be denied access to any premises or
establishment where such access was sought for the purposes set forth in RCW
16.57.170, ((he)) the board may apply to any court of competent
jurisdiction for a search warrant authorizing access to such premises or
establishment for said purposes. The court may upon such application, issue
the search warrant for the purposes requested.
Sec. 22. RCW 16.57.200 and 1959 c 54 s 20 are each amended to read as follows:
Any
owner or ((his)) an agent shall make the brand or brands on
livestock being brand inspected readily visible and shall cooperate with the ((director))
board to carry out such brand inspection in a safe and expeditious
manner.
Sec. 23. RCW 16.57.210 and 1959 c 54 s 21 are each amended to read as follows:
The
((director)) board shall have authority to arrest any person
without warrant anywhere in the state found in the act of, or whom ((he))
the board has reason to believe is guilty of, driving, holding, selling
or slaughtering stolen livestock. Any such person arrested by the ((director))
board shall be turned over to the sheriff of the county where the arrest
was made, as quickly as possible.
Sec. 24. RCW 16.57.220 and 1995 c 374 s 49 are each amended to read as follows:
The
((director)) board 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. Except as
provided by rule, 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))
board 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)) board
shall be ((sixty)) seventy-five cents per head for cattle and not
more than ((two)) three dollars ((and forty cents)) per
head for horses as prescribed by the ((director)) board
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 at points other than
those designated by the ((director)) board or not in accord with
the schedules established by the ((director)) board shall be
based on a fee schedule not to exceed actual net cost to the department of
performing the brand inspection service. 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. 25. RCW 16.57.230 and 1995 c 374 s 50 are each amended to read as follows:
No person shall collect or make a charge for brand inspection of livestock unless there has been an actual brand inspection of such livestock by the board.
Sec. 26. RCW 16.57.240 and 1995 c 374 s 51 are each amended to read as follows:
Any
person purchasing, selling, holding for sale, trading, bartering, transferring
title, slaughtering, handling, or transporting cattle shall keep a record on
forms prescribed by the ((director)) board. Such forms shall
show the number, specie, brand or other method of identification of such cattle
and any other necessary information required by the ((director)) board.
The original shall be kept for a period of three years or shall be furnished to
the ((director)) board upon demand or as prescribed by rule, one
copy shall accompany the cattle to their destination and shall be subject to
inspection at any time by the ((director)) board or any peace
officer or member of the state patrol: PROVIDED, That in the following
instances only, cattle may be moved or transported within this state without
being accompanied by an official certificate of permit, brand inspection
certificate, bill of sale, or self-inspection slip:
(1) When such cattle are moved or transported upon lands under the exclusive control of the person moving or transporting such cattle;
(2) When such cattle are being moved or transported for temporary grazing or feeding purposes and have the registered brand of the person having or transporting such cattle.
Sec. 27. RCW 16.57.260 and 1981 c 296 s 19 are each amended to read as follows:
It
shall be unlawful for any person to remove or cause to be removed or accept for
removal from this state, any cattle or horses which are not accompanied at all
times by an official brand inspection certificate issued by the ((director))
board on such cattle or horses, except as provided in RCW 16.57.160.
Sec. 28. RCW 16.57.270 and 1959 c 54 s 27 are each amended to read as follows:
It
shall be unlawful for any person moving or transporting livestock in this state
to refuse to assist the ((director)) board or any peace officer
in establishing the identity of such livestock being moved or transported.
Sec. 29. RCW 16.57.290 and 1995 c 374 s 53 are each amended to read as follows:
All
unbranded cattle and horses and those bearing brands not recorded, in the
current edition of this state's brand book, which are not accompanied by a
certificate of permit, and those bearing brands recorded, in the current
edition of this state's brand book, which are not accompanied by a certificate
of permit signed by the owner of the brand when presented for inspection by the
((director)) board, shall be sold by the ((director)) board
or the ((director's)) board's representative, unless other
satisfactory proof of ownership is presented showing the person presenting them
to be lawfully in possession. Upon the sale of such cattle or horses, the ((director))
board or the ((director's)) board's representative shall
give the purchasers a bill of sale therefor, or, if theft is suspected, the
cattle or horses may be impounded by the ((director)) board or
the ((director's)) board's representative.
Sec. 30. RCW 16.57.300 and 1989 c 286 s 24 are each amended to read as follows:
The
proceeds from the sale of cattle and horses as provided for under RCW
16.57.290, after paying the cost thereof, shall be paid to the ((director))
board, who shall make a record showing the brand or marks or other
method of identification of the animals and the amount realized from the sale
thereof. However, the proceeds from a sale of such cattle or horses at a
licensed public livestock market shall be held by the licensee for a reasonable
period not to exceed thirty days to permit the consignor to establish ownership
or the right to sell such cattle or horses. If such consignor fails to
establish legal ownership or the right to sell such cattle or horses, such
proceeds shall be paid to the ((director)) board to be disposed
of as any other estray proceeds.
Sec. 31. RCW 16.57.310 and 1959 c 54 s 31 are each amended to read as follows:
When
a person has been notified by registered mail that animals bearing his or
her recorded brand have been sold by the ((director)) board,
he or she shall present to the ((director)) board a claim
on the proceeds within ten days from the receipt of the notice or the ((director))
board may decide that no claim exists.
Sec. 32. RCW 16.57.320 and 1991 c 110 s 6 are each amended to read as follows:
If,
after the expiration of one year from the date of sale, the person presenting
the animals for inspection has not provided the ((director)) board
with satisfactory proof of ownership, the proceeds from the sale shall be paid
on the claim of the owner of the recorded brand. However, it shall be a gross
misdemeanor for the owner of the recorded brand to knowingly accept such funds
after he or she has sold, bartered or traded such animals to the claimant or
any other person. A gross misdemeanor under this section is punishable to the
same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 33. RCW 16.57.330 and 1959 c 54 s 33 are each amended to read as follows:
If,
after the expiration of one year from the date of sale, no claim is made, the
money shall be credited to the ((department of agriculture)) board
to be expended in carrying out the provisions of this chapter.
Sec. 34. RCW 16.57.340 and 1959 c 54 s 34 are each amended to read as follows:
The
((director)) board shall have the authority to enter into
reciprocal agreements with any or all states to prevent the theft,
misappropriation or loss of identification of livestock. The ((director))
board may declare any livestock which is shipped or moved into this
state from such states estrays if such livestock is not accompanied by the
proper official brand certificate or other such certificates required by the
law of the state of origin of such livestock. The ((director)) board
may hold such livestock subject to all costs of holding or sell such livestock
and send the funds, after the deduction of the cost of such sale, to the proper
authority in the state of origin of such livestock.
Sec. 35. RCW 16.57.350 and 1994 c 46 s 8 are each amended to read as follows:
The
((director)) board may adopt such rules as are necessary to carry
out the purposes of this chapter. It shall be the duty of the ((director))
board to enforce and carry out the provisions of this chapter and/or
rules adopted hereunder. No person shall interfere with the ((director))
board when ((he or she)) the board is performing or
carrying out duties imposed on ((him or her)) it by this chapter
and/or rules adopted hereunder.
Sec. 36. RCW 16.57.360 and 1991 c 110 s 7 are each amended to read as follows:
The
((department)) board is authorized to issue notices of and
enforce civil infractions in the manner prescribed under chapter 7.80 RCW.
The violation of any provision of this chapter and/or rules and regulations adopted hereunder shall constitute a class I civil infraction as provided under chapter 7.80 RCW unless otherwise specified herein.
Sec. 37. RCW 16.57.370 and 1959 c 54 s 37 are each amended to read as follows:
All
fees collected under the provisions of this chapter shall be retained and
deposited by the ((director)) board to be used only for the
enforcement of this chapter.
Sec. 38. RCW 16.57.380 and 1991 c 110 s 8 are each amended to read as follows:
The ((director)) board may by rule adopted subsequent
to a public hearing designate any point for mandatory brand inspection of
horses or the furnishing of proof that horses passing or being transported
through such points have been brand inspected and are lawfully being moved.
Further, the ((director)) board may stop vehicles carrying horses
to determine if such horses are identified or branded.
Sec. 39. RCW 16.57.400 and 1994 c 46 s 20 are each amended to read as follows:
The
((director)) board 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))
board 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)) board has received the fee. The
schedule of fees shall be established in accordance with the provisions of
chapter 34.05 RCW.
Sec. 40. RCW 16.57.410 and 1993 c 354 s 11 are each amended to read as follows:
(1)
No person may act as a registering agency without a permit issued by the
department. The ((director)) board may issue a permit to any
person or organization to act as a registering agency for the purpose of
issuing permanent identification symbols for horses in a manner prescribed by
the ((director)) board. Application for such permit, or the
renewal thereof by January 1 of each year, shall be on a form prescribed by the
((director)) board, and accompanied by the proof of registration
to be issued, any other documents required by the ((director)) board,
and a fee of one hundred dollars.
(2)
Each registering agency shall maintain a permanent record for each individual
identification symbol. The record shall include, but need not be limited to,
the name, address, and phone number of the horse owner and a general
description of the horse. A copy of each permanent record shall be forwarded
to the ((director)) board, if requested by the ((director))
board.
(3) Individual identification symbols shall be inspected as required for brands under RCW 16.57.220 and 16.57.380. Any horse presented for inspection and bearing such a symbol, but not accompanied by proof of registration and certificate of permit, shall be sold as provided under RCW 16.57.290 through 16.57.330.
(4)
The ((director)) board shall adopt such rules as are necessary
for the effective administration of this section pursuant to chapter 34.05 RCW.
Sec. 41. RCW 16.58.020 and 1971 ex.s. c 181 s 2 are each amended to read as follows:
For the purpose of this chapter:
(1) "Board" means the livestock identification board defined under RCW 16.57.010.
(2)
"Certified feed lot" means any place, establishment, or facility
commonly known as a commercial feed lot, cattle feed lot, or the like, which
complies with all of the requirements of this chapter, and any ((regulations))
rules adopted pursuant to the provisions of this chapter and which holds
a valid license from the ((director)) board as hereinafter
provided.
(((2)))
(3) "Department" means the department of agriculture of the
state of Washington.
(((3)))
(4) "Director" means the director of the department or ((his))
a duly authorized representative.
(((4)))
(5) "Licensee" means any persons licensed under the provisions
of this chapter.
(((5)))
(6) "Person" means a natural person, individual, firm, partnership,
corporation, company, society, and association, and every officer, agent or
employee thereof. This term shall import either the singular or the plural as
the case may be.
Sec. 42. RCW 16.58.030 and 1971 ex.s. c 181 s 3 are each amended to read as follows:
The
((director)) board may adopt such rules ((and regulations))
as are necessary to carry out the purpose of this chapter. The adoption of
such rules shall be subject to the provisions of this chapter and rules ((and
regulations)) adopted hereunder. No person shall interfere with the ((director
when he)) board when it is performing or carrying out any duties
imposed ((upon him)) by this chapter or rules ((and regulations))
adopted hereunder.
Sec. 43. RCW 16.58.040 and 1971 ex.s. c 181 s 4 are each amended to read as follows:
On
or after August 9, 1971, any person desiring to engage in the business of
operating one or more certified feed lots shall obtain an annual license from
the ((director)) board for such purpose. The application for a
license shall be on a form prescribed by the ((director)) board
and shall include the following:
(1) The number of certified feed lots the applicant intends to operate and their exact location and mailing address;
(2) The legal description of the land on which the certified feed lot will be situated;
(3) A complete description of the facilities used for feeding and handling of cattle at each certified feed lot;
(4) The estimated number of cattle which can be handled for feeding purposes at each such certified feed lot; and
(5)
Any other information necessary to carry out the purpose and provisions of this
chapter and rules ((or regulations)) adopted hereunder.
Sec. 44. RCW 16.58.050 and 1994 c 46 s 23 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 ((six
hundred)) two thousand dollars. ((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. 45. RCW 16.58.060 and 1991 c 109 s 10 are each amended to read as follows:
The
((director)) board shall establish by rule an expiration date or
dates for all certified feed lot licenses. License fees shall be prorated
where necessary to accommodate staggering of expiration dates of a license or
licenses. If an application for renewal of a certified feed lot license is not
received by the ((department)) board per the date required by
rule or should a person fail, refuse, or neglect to apply for renewal of a
preexisting license on or before the date of expiration, that person shall be
assessed an additional twenty-five dollars which shall be added to the regular
license fee and shall be paid before the ((director)) board may
issue a license to the applicant.
Sec. 46. RCW 16.58.070 and 1989 c 175 s 54 are each amended to read as follows:
The ((director)) board is authorized to deny,
suspend, or revoke a license in accord with the provisions of chapter 34.05 RCW
if ((he)) the board finds that there has been a failure to comply
with any requirement of this chapter or rules ((and regulations))
adopted hereunder. Hearings for the revocation, suspension, or denial of a
license shall be subject to the provisions of chapter 34.05 RCW concerning
adjudicative proceedings.
Sec. 47. RCW 16.58.080 and 1971 ex.s. c 181 s 8 are each amended to read as follows:
Every
certified feed lot shall be equipped with a facility or a livestock pen((,
approved by the director as to location and construction)) within the ((said))
feed lot so that necessary brand inspection can be carried on in a proper,
expeditious and safe manner. Each licensee shall furnish the ((director))
board with sufficient help necessary to carry out brand inspection in
the manner set forth above.
Sec. 48. RCW 16.58.095 and 1991 c 109 s 11 are each amended to read as follows:
All
cattle entering or reentering a certified feed lot must be inspected for brands
upon entry, unless they are accompanied by a brand inspection certificate
issued by the ((director)) board, or any other agency authorized
in any state or Canadian province by law to issue such a certificate.
Licensees shall report a discrepancy between cattle entering or reentering a
certified feed lot and the brand inspection certificate accompanying the cattle
to the nearest brand inspector immediately. A discrepancy may require an
inspection of all the cattle entering or reentering the lot, except as may
otherwise be provided by rule.
Sec. 49. RCW 16.58.100 and 1979 c 81 s 3 are each amended to read as follows:
The
((director)) board shall each year conduct audits of the cattle
received, fed, handled, and shipped by the licensee at each certified feed
lot. Such audits shall be for the purpose of determining if such cattle
correlate with the brand inspection certificates issued in their behalf and
that the certificate of assurance furnished the ((director)) board
by the licensee correlates with ((his)) the board's assurance
that brand inspected cattle were not commingled with uninspected cattle.
Sec. 50. RCW 16.58.110 and 1991 c 109 s 12 are each amended to read as follows:
All
certified feed lots shall furnish the ((director)) board with
records as requested ((by him)) from time to time on all cattle entering
or on feed in ((said)) certified feed lots and dispersed therefrom. All
such records shall be subject to examination by the ((director)) board
for the purpose of maintaining the integrity of the identity of all such
cattle. The ((director)) board may make the examinations only
during regular business hours except in an emergency to protect the interest of
the owners of such cattle.
Sec. 51. RCW 16.58.120 and 1991 c 109 s 13 are each amended to read as follows:
The
licensee shall maintain sufficient records as required by the ((director))
board at each certified feed lot, if ((said)) the licensee
operates more than one certified feed lot.
Sec. 52. RCW 16.58.140 and 1979 c 81 s 5 are each amended to read as follows:
All
fees provided for in this chapter shall be retained by the ((director)) board
for the purpose of enforcing and carrying out the purpose and provisions of
this chapter or chapter 16.57 RCW.
Sec. 53. RCW 16.58.160 and 1991 c 109 s 15 are each amended to read as follows:
The
((director)) board may, when a certified feed lot's conditions
become such that the integrity of reports or records of the cattle therein
becomes doubtful, suspend such certified feed lot's license until such time as
the ((director)) board can conduct an investigation to carry out
the purpose of this chapter.
Sec. 54. RCW 16.65.090 and 1994 c 46 s 22 are each amended to read as follows:
The
((director)) livestock identification board shall provide for
brand inspection. When such brand inspection is required the licensee shall
collect from the consignor and pay to the ((department)) board for
deposit in the livestock identification account created by section 3 of this
act, 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. As used in this section, "livestock
identification board" and "board" means the board created by RCW
16.57.015.
Sec. 55. RCW 41.06.070 and 1996 c 319 s 3, 1996 c 288 s 33, and 1996 c 186 s 109 are each reenacted and amended to read as follows:
(1) The provisions of this chapter do not apply to:
(a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, joint legislative audit and review committee, statute law committee, and any interim committee of the legislature;
(b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;
(c) Officers, academic personnel, and employees of technical colleges;
(d) The officers of the Washington state patrol;
(e) Elective officers of the state;
(f) The chief executive officer of each agency;
(g) In the departments of employment security and social and health services, the director and the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;
(h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:
(i) All members of such boards, commissions, or committees;
(ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: The secretary of the board, commission, or committee; the chief executive officer of the board, commission, or committee; and the confidential secretary of the chief executive officer of the board, commission, or committee;
(iii) If the members of the board, commission, or committee serve on a full-time basis: The chief executive officer or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair of the board, commission, or committee;
(iv) If all members of the board, commission, or committee serve ex officio: The chief executive officer; and the confidential secretary of such chief executive officer;
(i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;
(j) Assistant attorneys general;
(k) Commissioned and enlisted personnel in the military service of the state;
(l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board;
(m) The public printer or to any employees of or positions in the state printing plant;
(n) Officers and employees of the Washington state fruit commission;
(o) Officers and employees of the Washington state apple advertising commission;
(p) Officers and employees of the Washington state dairy products commission;
(q) Officers and employees of the Washington tree fruit research commission;
(r) Officers and employees of the Washington state beef commission;
(s) Officers and employees of any commission formed under chapter 15.66 RCW;
(t) Officers and employees of the state wheat commission formed under chapter 15.63 RCW;
(u) Officers and employees of agricultural commissions formed under chapter 15.65 RCW;
(v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;
(w) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;
(x) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;
(y) All employees of the marine employees' commission;
(z) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection (1)(z) shall expire on June 30, 1997;
(aa) Staff employed by the department of community, trade, and economic development to administer energy policy functions and manage energy site evaluation council activities under RCW 43.21F.045(2)(m);
(bb) Staff employed by Washington State University to administer energy education, applied research, and technology transfer programs under RCW 43.21F.045 as provided in RCW 28B.30.900(5);
(cc) Officers and employees of the livestock identification board created under RCW 16.57.015.
(2) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:
(a) Members of the governing board of each institution of higher education and related boards, all presidents, vice-presidents, and their confidential secretaries, administrative, and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington;
(b) Student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board, employed by institutions of higher education and related boards;
(c) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training as determined by the board: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the board under this provision;
(d) Printing craft employees in the department of printing at the University of Washington.
(3) In addition to the exemptions specifically provided by this chapter, the Washington personnel resources board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the Washington personnel resources board stating the reasons for requesting such exemptions. The Washington personnel resources board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the Washington personnel resources board shall grant the request and such determination shall be final as to any decision made before July 1, 1993. The total number of additional exemptions permitted under this subsection shall not exceed one percent of the number of employees in the classified service not including employees of institutions of higher education and related boards for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The Washington personnel resources board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted under subsections (1)(w) and (x) and (2) of this section, together with the reasons for such exemptions.
The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (1)(j) through (v), (y), (z), and (2) of this section, shall be determined by the Washington personnel resources board. However, beginning with changes proposed for the 1997-99 fiscal biennium, changes to the classification plan affecting exempt salaries must meet the same provisions for classified salary increases resulting from adjustments to the classification plan as outlined in RCW 41.06.152.
Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.
NEW SECTION. Sec. 56. (1) On the effective date of this section, all powers, duties, and functions of the department of agriculture under chapters 16.57 and 16.58 RCW are transferred to the livestock identification board. The authority to adopt rules regarding those powers, duties, and functions is transferred to the livestock identification board and the administration of those powers, duties, and functions is transferred to the board.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of agriculture pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the board. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of agriculture in carrying out the powers, functions, and duties transferred shall be made available to the board. All funds, credits, or other assets, including but not limited to those in the agricultural local fund, held by the department of agriculture in connection with the powers, functions, and duties transferred shall be assigned to the board.
(b) Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules of the department of agriculture adopted under chapter 16.57 RCW in effect on the effective date of this section and all rules adopted by the department under chapter 16.58 RCW in effect on the effective date of this section are, on the effective date of this section, rules of the livestock identification board. All proposed rules and all pending business before the department of agriculture pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the board. All existing contracts and obligations shall remain in full force and shall be performed by the board. All registrations made with the department under chapter 16.57 RCW and all licenses issued by the department under chapter 16.58 RCW before the effective date of this section shall be considered to be registrations with and licenses issued by the board.
(4) The transfer of the powers, duties, and functions of the department of agriculture shall not affect the validity of any act performed before the effective date of this section. The board shall take action to enforce against violations of chapters 16.57 and 16.58 RCW and rules adopted thereunder which occurred before the effective date of this section and for which enforcement is not taken by the department before the effective date of this section with the same force and effect as it may take actions to enforce chapters 16.57 and 16.58 RCW and rules adopted thereunder after the effective date of this section. Any enforcement action taken by the department of agriculture under chapter 16.57 or 16.58 RCW, or the rules adopted thereunder and not concluded before the effective date of this section, shall be continued in the name of the board.
(5) As used in this section "livestock identification board" and "board" means the board created under RCW 16.57.015.
Sec. 57. RCW 39.29.040 and 1996 c 2 s 19 are each amended to read as follows:
This chapter does not apply to:
(1) Contracts specifying a fee of less than two thousand five hundred dollars if the total of the contracts from that agency with the contractor within a fiscal year does not exceed two thousand five hundred dollars;
(2) Contracts awarded to companies that furnish a service where the tariff is established by the utilities and transportation commission or other public entity;
(3) Intergovernmental agreements awarded to any governmental entity, whether federal, state, or local and any department, division, or subdivision thereof;
(4) Contracts awarded for services to be performed for a standard fee, when the standard fee is established by the contracting agency or any other governmental entity and a like contract is available to all qualified applicants;
(5) Contracts for services that are necessary to the conduct of collaborative research if prior approval is granted by the funding source;
(6) Contracts for client services;
(7) Contracts for architectural and engineering services as defined in RCW 39.80.020, which shall be entered into under chapter 39.80 RCW;
(8)
Contracts for the employment of expert witnesses for the purposes of
litigation; ((and))
(9) Contracts for bank supervision authorized under RCW 30.38.040; and
(10) Contracts for livestock identification authorized under RCW 16.57.015.
NEW SECTION. Sec. 58. RCW 16.58.130 and 1994 c 46 s 24, 1994 c 46 s 15, 1993 c 354 s 4, 1991 c 109 s 14, 1979 c 81 s 4, & 1971 ex.s. c 181 s 13 are each repealed.
NEW SECTION. Sec. 59. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997.
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