BILL REQ. #:  H-3642.2 

Read first time 01/19/2004.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to livestock brands; amending RCW 16.57.020 and 16.57.080; and adding a new section to chapter 16.57 RCW.

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

Sec. 1   RCW 16.57.020 and 2003 c 326 s 4 are each amended to read as follows:
     (1) The director shall be the recorder of livestock brands and such brands shall not be recorded elsewhere in this state. Any person desiring to record a livestock brand shall apply on a form prescribed by the director. The application shall be accompanied by a facsimile of the brand applied for and, except as provided in subsection (2) of this section, a one hundred twenty dollar recording fee. The director shall, upon his or her satisfaction that the application and brand facsimile meet the requirements of this chapter and its rules, record the brand.
     (2) A person who is seventy or more years of age who applies to the department to record a brand under this section is exempt from paying a recording fee if the person owns not more than a total of ten head of cattle and horses at any one time during the period the recording is in effect.

Sec. 2   RCW 16.57.080 and 2003 c 326 s 10 are each amended to read as follows:
     (1) The director shall establish by rule a schedule for the renewal of recorded brands. Except as provided in subsection (2) of this section, the fee for renewal of a recorded brand shall be one hundred twenty dollars for each four-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. At least sixty days before the expiration of a recorded brand, the director shall notify by letter the owner of record of the brand that on the payment of the renewal fee the director shall issue proof of payment allowing the brand owner exclusive ownership and use of the brand for the subsequent ownership period. The failure of the owner to pay the renewal fee by the date required by rule shall cause ownership of the brand to expire. For one year following the expiration, the director shall record the brand only to the prior owner upon payment of the renewal fee and a late fee of twenty-five dollars. If the brand is not recorded within one year to the prior owner, the director may issue the brand to any other applicant.
     (2) A person who is seventy or more years of age who applies to the department to renew a recorded brand under this section is exempt from paying a renewal fee as long as the person owns not more than a total of ten head of cattle and horses at any one time during the period the recording is in effect.

NEW SECTION.  Sec. 3   A new section is added to chapter 16.57 RCW to read as follows:
     (1) If a recorded brand is owned by a person who is exempted from paying brand recording or renewal fees under RCW 16.57.020 or 16.57.080 and the recording is transferred to any person who does not also qualify for the exemption or if the total number of cattle and horses owned by the brand owner exceeds ten head at any one time during the period the recording is in effect, the recipient of the transfer or the owner of the brand must pay a prorated portion of the one hundred twenty dollar fee for recording the brand or renewing the recording. The prorated fee must be based on the portion of the recording period that remains after the transfer or after the ten-head limit is exceeded.
     (2) Any prorated fee due upon the transfer of a brand recording under subsection (1) of this section is in addition to any fee for transferring the recording.