S-3847.3 _______________________________________________
SENATE BILL 6204
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Senator Morton
Read first time 01/13/98. Referred to Committee on Agriculture & Environment.
AN ACT Relating to livestock identification; amending RCW 16.57.010, 16.57.020, 16.57.080, 16.57.290, 16.57.300, 16.57.310, 16.57.320, 16.57.330, 16.57.340, 16.57.407, and 16.57.410; adding new sections to chapter 16.57 RCW; and repealing RCW 16.57.015, 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, 16.57.360, 16.57.380, and 16.57.400.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 16.57 RCW to read as follows:
The director shall establish with the state veterinarian a procedure for brand inspection that relies upon the state's accredited veterinarians as livestock identification agents. The director shall develop criteria to determine eligibility of veterinarians to serve as livestock identification agents. The livestock identification agent is responsible for verifying ownership of livestock through the use of brand inspection or other approved methods of identification.
Sec. 2. RCW 16.57.010 and 1996 c 105 s 1 are each amended to read as follows:
((For
the purpose of)) The definitions 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 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 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, tattoos, or microchips as 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.
(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; and
(c) In locations of other livestock species as specified by rule of the director when requested by an association of producers of that species of livestock.
(14) "Livestock identification agent" means an accredited veterinarian licensed in the state of Washington who is designated by the state veterinarian to verify ownership of livestock through brand inspection or other approved identification methods.
Sec. 3. RCW 16.57.020 and 1994 c 46 s 7 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 ((thirty-five)) seventy dollar recording fee. The director
shall, upon his or her satisfaction that the application and brand facsimile
meet the requirements of this chapter and/or rules adopted hereunder, record
such brand. The brand is valid for five years.
Sec. 4. RCW 16.57.080 and 1994 c 46 s 16 are each amended to read as follows:
The
director shall establish by rule a schedule for the renewal of registered
brands. The initial issuance of a recorded brand shall be accompanied by a
notice indicating the term of the brand registration. Beginning with the
registration of brands in 1998, the department may register a brand for less
than five years in order to stagger the number of renewals in any one year to
provide for an orderly and manageable workload for the department. The fee for
a brand registration issued for a term of less than five years shall be
prorated accordingly. 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)) is seventy dollars. At least 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.
NEW SECTION. Sec. 5. A new section is added to chapter 16.57 RCW to read as follows:
(1) The owner of livestock offered for sale in this state or to be transported out of state may have the livestock inspected for ownership verification prior to leaving this state for another state or country. The inspection shall be performed by a livestock identification agent. The livestock identification agent shall conduct the inspection at the farm or residence of the livestock owner or at a public livestock market. Upon completion of the inspection, the livestock identification agent shall issue a certificate of ownership stating the time, date, and results of the inspection. The certificate shall be on a form developed by the department.
(2) The livestock identification agent may charge up to twenty dollars for each horse, and up to seventy-five cents for each head of cattle or other livestock.
NEW SECTION. Sec. 6. A new section is added to chapter 16.57 RCW to read as follows:
It is the duty of the state patrol to inspect all livestock at established border crossings between this state and any other state or country. The state patrol shall check for a valid certificate of ownership of all nonresident livestock prior to the movement of livestock into the state.
The sheriff of each county of this state shall also make the investigation and enforcement of livestock theft a high priority and investigate all complaints of these crimes as soon as practicable.
Sec. 7. 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)) livestock identification agent, shall be sold by the
((director or the director's representative)) sheriff, 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 or the director's representative)) sheriff
shall give the purchasers a bill of sale therefor, or, if theft is suspected,
the cattle or horses may be impounded by the ((director or the director's
representative)) sheriff.
Sec. 8. 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))
sheriff of the county of jurisdiction, 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 to be
disposed of as any other estray proceeds)) sheriff.
Sec. 9. 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)) sheriff of
the county of jurisdiction, he or she shall present to the ((director))
sheriff a claim on the proceeds within ten days from the receipt of the
notice or the ((director)) sheriff may decide that no claim
exists.
Sec. 10. 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)) sheriff
of the county of jurisdiction 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. 11. 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)) sheriff
of the county of jurisdiction to be expended in carrying out the provisions
of ((this chapter)) RCW 16.57.290 through 16.57.340.
Sec. 12. RCW 16.57.340 and 1959 c 54 s 34 are each amended to read as follows:
The
((director)) sheriff of the county of jurisdiction 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)) sheriff 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)) sheriff 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. 13. RCW 16.57.407 and 1996 c 105 s 3 are each amended to read as follows:
The
((department)) sheriff of the county of jurisdiction has the
authority to conduct an investigation of an incident where scars or other marks
indicate that a microchip has been removed from a horse.
Sec. 14. 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 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. Application for such permit, or the renewal thereof by January 1st of each year, shall be on a form prescribed by the director, and accompanied by the proof of registration to be issued, any other documents required by the director, 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, if requested by the director.
(3)
Individual identification symbols shall be inspected as required for brands
under ((RCW 16.57.220 and 16.57.380)) this chapter. 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 shall adopt such rules as are necessary for the effective administration of this section pursuant to chapter 34.05 RCW.
NEW SECTION. Sec. 15. The following acts or parts of acts are each repealed:
(1) RCW 16.57.015 and 1993 c 354 s 10;
(2) RCW 16.57.160 and 1991 c 110 s 3, 1981 c 296 s 16, 1971 ex.s. c 135 s 4, & 1959 c 54 s 16;
(3) RCW 16.57.165 and 1971 ex.s. c 135 s 6;
(4) RCW 16.57.170 and 1959 c 54 s 17;
(5) RCW 16.57.180 and 1959 c 54 s 18;
(6) RCW 16.57.200 and 1959 c 54 s 20;
(7) RCW 16.57.210 and 1959 c 54 s 21;
(8) RCW 16.57.220 and 1997 c 356 s 3, 1997 c 356 s 2, & 1995 c 374 s 49;
(9) RCW 16.57.230 and 1995 c 374 s 50 & 1959 c 54 s 23;
(10) RCW 16.57.240 and 1995 c 374 s 51, 1991 c 110 s 4, 1985 c 415 s 8, 1981 c 296 s 18, & 1959 c 54 s 24;
(11) RCW 16.57.260 and 1981 c 296 s 19 & 1959 c 54 s 26;
(12) RCW 16.57.360 and 1991 c 110 s 7 & 1959 c 54 s 36;
(13) RCW 16.57.380 and 1991 c 110 s 8, 1981 c 296 s 22, & 1974 ex.s. c 38 s 1; and
(14) RCW 16.57.400 and 1994 c 46 s 20, 1993 c 354 s 9, 1981 c 296 s 23, & 1974 ex.s. c 38 s 3.
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