SSB 5235 -
By Senator Shin
NOT CONSIDERED 05/25/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 16.36.023 and 2008 c 285 s 28 are each amended to
read as follows:
(1) The director may adopt rules establishing fees for:
(a) The establishment and inspection of animal holding facilities
authorized under this chapter;
(b) The inspection and monitoring of animals in authorized animal
holding facilities; and
(c) Special inspections of animals or animal facilities that the
director may provide at the request of the animal owner or interested
persons.
(2) The fees shall, as closely as practicable, cover the cost of
the service provided.
(3) All fees collected under this section shall be deposited in an
account in the agricultural local fund and used to carry out the
purposes of this chapter and chapter 16.57 RCW.
Sec. 2 RCW 16.36.025 and 1998 c 8 s 19 are each amended to read
as follows:
The director may collect moneys to recover the reasonable costs of
purchasing, printing, and distributing ((certificates)) official
individual identification devices or methods, regulatory forms, and
other supplies ((to veterinarians)). All funds received by the
department to reimburse for its costs under this section shall be
deposited in the livestock identification device account in the
agricultural local fund and used solely to reimburse the department for
costs directly associated with providing official individual
identification devices or methods to cattle producers under this
section.
NEW SECTION. Sec. 3 A new section is added to chapter 16.36 RCW
to read as follows:
(1) The department must establish, by rule, a fee on cattle to fund
a disease traceability system, paid by sellers of any cattle sold in
the state, without exception, and on cattle shipped into the state for
slaughter. The fee must not exceed forty cents per head.
(2) If cattle are:
(a) Accompanied by a brand inspection issued by the department, the
fee will be collected in the same manner as brand inspection fees; and
(b) Not accompanied by a brand inspection issued by the department,
the fee must be paid by the seller and transmitted to the department by
the fifteenth day of the month following the month the transaction
occurred.
(3) For the purpose of this section, transfer of cattle owned by a
meat packer from a feed lot to a slaughterhouse for slaughter is a sale
of cattle.
(4) When the department conducts audits of cattle received, fed,
handled, and shipped by the licensee at each certified feed lot in
accordance with RCW 16.58.100, it shall include an audit for compliance
with this section.
(5) All fees received by the department under this section must be
deposited in the disease traceability program account in the
agricultural local fund and may only be used to implement the disease
traceability program for cattle. Any excess funds shall be used to
either lower the fee or improve the cattle disease traceability
program.
(6) By December 1st of each year, the department shall submit a
report on the status of the disease traceability program to the
committees of the senate and the house of representatives with
jurisdiction over livestock health.
(7) This section expires September 1, 2016.
Sec. 4 RCW 16.36.040 and 1998 c 8 s 4 are each amended to read as
follows:
(1) The director may adopt and enforce rules necessary to carry out
the purpose and provisions of this chapter, and including:
(a) Preventing the introduction or spreading of infectious,
contagious, communicable, or dangerous diseases affecting animals in
this state;
(b) Governing the inspection and testing of all animals within or
about to be imported into this state; ((and))
(c) Designating any disease as a reportable disease; and
(d) Designating when a certificate of veterinary inspection, import
health papers, permits, or other transportation documents required by
law or rule must designate a destination with a physical address for
animals entering Washington state and when those animals must be
delivered or transported directly to the physical address of that
destination.
(2) Rules to prevent the introduction or spread of infectious,
contagious, communicable, or dangerous diseases affecting animals in
this state may differ from federal regulations by being more
restrictive.
Sec. 5 RCW 16.36.050 and 2010 c 66 s 2 are each amended to read
as follows:
(1) It is unlawful for a person to bring an animal into Washington
state without first securing a certificate of veterinary inspection,
reviewed by the state veterinarian of the state of origin, verifying
that the animal meets the Washington state animal health requirements.
This subsection does not apply to:
(a) ((Livestock, which are governed by)) Those animals that qualify
for an exemption in RCW 16.36.140; or
(b) Other animals exempted by the director by rule.
(2) For animals imported into Washington state it is unlawful for
a person to transport or deliver an animal to any physical address
other than the physical address of the destination designated by a
certificate of veterinary inspection, import health papers, permits, or
other transportation documents required by law or rule. The director
may exempt animals from this requirement by rule.
(3) It is unlawful for a person to intentionally falsely make,
complete, alter, use, or sign a certificate of veterinary inspection or
official animal health document of the department.
(((3))) (4) It is unlawful for a person to intentionally falsely
apply, alter, or remove an official animal health or official animal
identification tag, permanent mark, or other device.
(((4))) (5) It is unlawful for a person to willfully hinder,
obstruct, or resist the director, or any peace officer or deputized
state veterinarian acting under him or her, when engaged in the
performance of their duties.
(((5))) (6) It is unlawful for a person to willfully fail to comply
with or to violate any rule or order adopted by the director under this
chapter.
Sec. 6 RCW 16.36.060 and 2010 c 66 s 4 are each amended to read
as follows:
(1) The director has the authority to enter a property at any
reasonable time to:
(a) Conduct tests, examinations, or inspections to take samples,
and to examine and copy records when there is reasonable cause to
investigate whether animals on the property or that have been on the
property are infected with or have been exposed to disease; and
(b) Determine, when there is reasonable cause to investigate,
whether ((livestock)) animals on the property have been imported into
Washington state in violation of requirements of this chapter, and to
conduct tests, examinations, and inspections, take samples, and examine
and copy records during such investigations.
(2) It is unlawful for any person to interfere with investigations,
tests, inspections, or examinations, or to alter any segregation or
identification systems made in connection with tests, inspections, or
examinations conducted pursuant to subsection (1) of this section.
(3) If the director is denied access to a property or animals for
purposes of this chapter, or a person fails to comply with an order of
the director, the director may apply to a court of competent
jurisdiction for a search warrant. To show that access is denied, the
director shall file with the court an affidavit or declaration
containing a description of all attempts to notify and locate the owner
or owner's agent and secure consent. The court may issue a search
warrant authorizing access to any animal or property at reasonable
times to conduct investigations, tests, inspections, or examinations of
any animal or property, or to take samples, and examine and copy
records, and may authorize seizure or destruction of property.
Sec. 7 RCW 16.36.113 and 2007 c 71 s 4 are each amended to read
as follows:
(1) Any person in violation of this chapter or its rules may be
subject to a civil penalty in an amount of not more than one thousand
dollars for each violation. Each violation is a separate and distinct
offense. Every person who, through an act of commission or omission,
procures, aids, or abets in the violation is in violation of this
chapter or its rules and may be subject to the civil penalty provided
in this section. Moneys collected under this section must be deposited
in the state general fund.
(2) The department may charge a time and mileage fee for the cost
of an investigation including inspecting animals and related records
during an investigation of a proven violation of this chapter. The fee
may be up to eighty-five dollars per hour and the current mileage rate
set by the office of financial management. The director may increase
the hourly fee by rule as necessary to cover costs of investigations.
All fees collected pursuant to this subsection shall be deposited in an
account in the agricultural local fund and used to carry out the
purposes of this chapter.
Sec. 8 RCW 16.36.140 and 2010 c 66 s 3 are each amended to read
as follows:
(1) It is unlawful for a person to bring ((livestock)) an animal
into Washington state without first securing a certificate of
veterinary inspection, reviewed by the state veterinarian of the state
of origin, verifying that the ((livestock)) animal meets Washington
state animal health requirements. This subsection does not apply to
((livestock)) animals that:
(a) Have been exempted by the director by rule; or
(b) Will be delivered within twelve hours after entry into
Washington state to:
(i) An approved, inspected feed lot for slaughter;
(ii) A federally inspected slaughter plant; or
(iii) A licensed public livestock market for sale and subsequent
delivery within twelve hours to:
(A) An approved, inspected feed lot for slaughter; or
(B) A federally inspected slaughter plant.
(2) The director may monitor ((livestock)) animals entering
Washington state. Persons importing, transporting, receiving, feeding,
or housing imported ((livestock)) animals shall:
(a) Comply with the requirement and any exemptions specified in
subsection (1) of this section; and
(b) Make the ((livestock)) animal and related records available for
inspection by the director.
(3) ((The department may charge a time and mileage fee for
inspecting livestock and related records during an investigation of a
proven violation of this section. The fee is eighty-five dollars per
hour and the current mileage rate set by the office of financial
management. The director may increase the hourly fee by rule as
necessary to cover costs of investigations. All fees collected
pursuant to this subsection shall be deposited in an account in the
agricultural local fund and used to carry out the purposes of this
chapter.)) The director may adopt and enforce rules necessary to carry
out the purpose and provisions of this section.
(4)
Sec. 9 RCW 16.57.160 and 2010 c 66 s 6 are each amended to read
as follows:
(1) The director may adopt rules:
(a) Designating any point for mandatory inspection of cattle or
horses or the furnishing of proof that cattle or horses passing or
being transported through the point have been inspected or identified
and are lawfully being transported;
(b) Providing for issuance of individual horse and cattle
identification certificates or other means of horse and cattle
identification; ((and))
(c) Designating the documents that constitute other satisfactory
proof of ownership for cattle and horses. A bill of sale may not be
designated as documenting satisfactory proof of ownership for cattle;
and
(d) Designating when inspection certificates, certificates of
permit, or other transportation documents required by law or rule must
designate a physical address of a destination. Cattle and horses must
be delivered or transported directly to the physical address of that
destination.
(2) A self-inspection certificate may be accepted as satisfactory
proof of ownership for cattle if the director determines that the self-inspection certificate, together with other available documentation,
sufficiently establishes ownership. Self-inspection certificates
completed after June 10, 2010, are not satisfactory proof of ownership
for cattle.
NEW SECTION. Sec. 10 A new section is added to chapter 16.57 RCW
to read as follows:
It is unlawful for a person to transport or deliver cattle or
horses to any destination other than the physical address of the
destination designated on an inspection certificate, certificate of
permit, or other transportation document when required by law or rule.
The director may exempt cattle and horses from this requirement by
rule.
Sec. 11 RCW 16.57.360 and 2003 c 326 s 42 are each amended to
read as follows:
(1)(a) The department is authorized to issue notices of and enforce
civil infractions in the manner prescribed under chapter 7.80 RCW.
(b) The violation of any provision of this chapter and/or rules
adopted under this chapter shall constitute a class I civil infraction
as provided under chapter 7.80 RCW unless otherwise specified herein.
(2) The department may charge a time and mileage fee for the cost
of an investigation including inspecting animals and related records
during an investigation of a proven violation of this chapter. The fee
may be up to eighty-five dollars per hour and the current mileage rate
set by the office of financial management. The director may increase
the hourly fee by rule as necessary to cover costs of investigations.
All fees collected pursuant to this subsection shall be deposited in an
account in the agricultural local fund and used to carry out the
purposes of this chapter."
SSB 5235 -
By Senator Shin
NOT CONSIDERED 05/25/2011
On page 1, line 1 of the title, after "health" strike the remainder of the title and insert "; amending RCW 16.36.023, 16.36.025, 16.36.040, 16.36.050, 16.36.060, 16.36.113, 16.36.140, 16.57.160, and 16.57.360; adding a new section to chapter 16.36 RCW; adding a new section to chapter 16.57 RCW; prescribing penalties; and providing an expiration date."
EFFECT: (1) Deletes all provisions in underlying bill. Adds
provisions: (a) Granting Washington State Department of Agriculture
(WSDA) authority to recover costs of purchasing livestock ID devices or
methods and regulatory forms, and requiring WSDA to deposit funds
received into separate disease traceability program account in
agricultural local fund, used solely to reimburse WSDA for costs of
providing official ID devices or methods to cattle producers; (b)
requiring WSDA to establish, by rule, fee of not over 40 cents per head
on cattle to fund disease traceability system, paid by sellers of
cattle sold in state and cattle shipped into state for slaughter, with
specified collection and compliance provisions, and requiring WSDA to
deposit fees received into separate account in agricultural local fund,
used only to implement disease traceability program, with excess funds
used to either lower the fee or improve the program, and requiring WSDA
to provide annual reports to the legislature regarding program status,
and providing for expiration of fee authority on September 1, 2016.
(2) Maintains provisions in underlying substitute bill: (a)
Authorizing WSDA to designate, by rule, when animal health documents
must designate destination with physical address for animals entering
the state, and when animals must be delivered directly to that
location; (b) providing that it is unlawful for animals imported into
state to be delivered to location other than required location, except
as exempted by WSDA by rule; (c) changing currently authorized WSDA fee
for animal health investigations from $85 per hour to up to $85 per
hour.