BILL REQ. #:  H-0571.1 

Read first time 01/11/11.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to eliminating the brand inspection requirements for horses; amending RCW 16.57.160, 16.57.220, 16.57.240, 16.57.245, 16.57.260, 16.57.267, 16.57.280, 16.57.290, 16.57.300, 16.57.400, 16.57.015, and 9.16.010; reenacting and amending RCW 16.57.010; adding a new section to chapter 16.57 RCW; and repealing RCW 16.57.410.

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

Sec. 1   RCW 16.57.010 and 2010 c 66 s 5 are each reenacted and amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "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.
     (2) "Certificate of permit" means a form prescribed by and obtained from the director that is completed by the owner or a person authorized to act on behalf of the owner to show the ownership of livestock. It is used to document ownership of livestock while in transit within the state or on consignment to any public livestock market, special sale, slaughter plant or certified feed lot. It does not evidence inspection of livestock.
     (3) "Department" means the department of agriculture of the state of Washington.
     (4) "Director" means the director of the department or his or her duly authorized representative.
     (5) "Horses" means horses, burros, and mules.
     (6) "Individual identification certificate" means an inspection certificate that authorizes the livestock owner to transport the animal out of state multiple times within a set period of time.
     (7) "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.
     (8) "Inspection certificate" means a certificate issued by the director or a veterinarian certified by the director documenting the ownership of an animal based on an inspection of the animal. It includes an individual identification certificate.
     (9) "Livestock" includes, but is not limited to, ((horses,)) mules, cattle, sheep, swine, and goats. However, "livestock" does not include horses.
     (10) "Livestock inspection" or "inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides including the examination of documents providing evidence of ownership.
     (11) "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.
     (12) "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.
     (13) "Production record brand" means a number brand which shall be used for production identification purposes only.
     (14) "Ratite" means, but is not limited to, ostrich, emu, rhea, or other flightless bird used for human consumption, whether live or slaughtered.
     (15) "Registering agency" means any person issuing an individual identification symbol for the purpose of individually identifying and registering a horse.
     (16) "Self-inspection certificate" means a form prescribed by and obtained from the director that was completed and signed by the buyer and seller of livestock to document a change in ownership before June 10, 2010.

Sec. 2   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)).
     (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)).

Sec. 3   RCW 16.57.220 and 2010 c 66 s 7 are each amended to read as follows:
     (1) Except as provided for in RCW 16.65.090 and otherwise in this section, the fee for livestock inspection is one dollar and sixty cents per head for cattle ((and three dollars and fifty cents for horses)) or the time and mileage fee, whichever is greater.
     (2) When cattle are identified with the owner's brand or other form of identification specified by the director by rule, the fee for livestock inspection is one dollar and ten cents per head or the time and mileage fee, whichever is greater.
     (3) No inspection fee is charged for a calf that is inspected before moving out-of-state under an official temporary grazing permit if the calf is part of a cow-calf unit and the calf is identified with the owner's Washington-recorded brand or other form of identification specified by the director by rule.
     (4) The fee for inspection of cattle at a processing plant with a daily capacity of no more than five hundred head of cattle where the United States department of agriculture maintains a meat inspection program is four dollars per head.
     (5) ((When a single inspection certificate issued for thirty or more horses belonging to one person, the fee for livestock inspection is two dollars per head or the time and mileage fee, whichever is greater.
     (6))) The fee for individual identification certificates is twenty dollars for an annual certificate and sixty dollars for a lifetime certificate or the time and mileage fee, whichever is greater. However, the fee for an annual certificate listing thirty or more animals belonging to one person is five dollars per head or the time and mileage fee, whichever is greater. A lifetime certificate shall not be issued until the fee has been paid to the director.
     (((7))) (6) The minimum fee for the issuance of an inspection certificate by the director is five dollars. The minimum fee does not apply to livestock consigned to a public livestock market or special sale or inspected at a cattle processing plant.
     (((8))) (7) For purposes of this section, "the time and mileage fee" means seventeen dollars per hour and the current mileage rate set by the office of financial management.

Sec. 4   RCW 16.57.240 and 2010 c 66 s 8 are each amended to read as follows:
     (1) Certificates of permit, inspection certificates, and self-inspection certificates meeting the requirements of RCW 16.57.160 shall show the owner, number, breed, sex, brand, or other method of identification of the cattle ((or horses)) and any other necessary information required by the director.
     (2) The director may issue certificate of permit forms to any person on payment of a fee established by rule.
     (3) Certificates of permit, inspection certificates, self-inspection certificates meeting the requirements of RCW 16.57.160, or other satisfactory proof of ownership shall be kept by the owner and/or person in possession of any cattle and shall be furnished to the director or any peace officer upon demand.
     (4) A self-inspection certificate meeting the requirements of RCW 16.57.160 is not valid if proof of ownership had not been provided by the seller to the buyer for cattle bearing brands not recorded to the seller.

Sec. 5   RCW 16.57.245 and 2010 c 66 s 10 are each amended to read as follows:
     The director or any peace officer may stop vehicles carrying cattle ((or horses)) to determine if the ((livestock)) cattle being transported are accompanied by a certificate of permit, inspection certificate, self-inspection certificate meeting the requirements of RCW 16.57.010, or other satisfactory proof of ownership, as determined by the director.

Sec. 6   RCW 16.57.260 and 2003 c 326 s 30 are each amended to read as follows:
     Except as provided by rule adopted under this chapter, it is 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 inspection certificate ((on such cattle or horses, except as provided by rule adopted under this chapter)).

Sec. 7   RCW 16.57.267 and 2003 c 326 s 31 are each amended to read as follows:
     It is unlawful for any person to fail to present ((an animal)) livestock for inspection at any mandatory inspection point designated by the director by rule under this chapter.

Sec. 8   RCW 16.57.280 and 2010 c 66 s 11 are each amended to read as follows:
     (1) No person shall knowingly have possession of any cattle ((or horse)) marked with a recorded brand of another person unless the cattle:
     (a) ((Cattle or horse)) Lawfully bears the person's own healed recorded brand;
     (b) ((Cattle or horse)) Is accompanied by a certificate of permit from the owner of the recorded brand;
     (c) ((Cattle or horse)) Is accompanied by an inspection certificate;
     (d) ((Cattle)) Are accompanied by a self-inspection certificate meeting the requirements of RCW 16.57.010; or
     (e) ((Horse is accompanied by a bill of sale from the previous owner; or
     (f) Cattle or horse is)) Are accompanied by other satisfactory proof of ownership as designated in rule.
     (2) A violation of this section constitutes a gross misdemeanor.

Sec. 9   RCW 16.57.290 and 2010 c 66 s 12 are each amended to read as follows:
     All cattle ((and horses)) that are not accompanied by a certificate of permit, inspection certificate, self-inspection certificate meeting the requirements of RCW 16.57.160, or other satisfactory proof of ownership when offered for sale and presented for inspection by the director, shall be impounded. If theft is suspected, the director shall immediately initiate an investigation. If theft is not suspected, the animal shall be sold and the proceeds retained by the director. Upon the sale of the cattle ((or horses)), the director shall give the purchasers an inspection certificate for the cattle ((or horses)) documenting their ownership.

Sec. 10   RCW 16.57.300 and 2003 c 326 s 36 are each amended to read as follows:
     Except under RCW 16.57.303, the proceeds from the sale of cattle ((and horses)) when impounded under RCW 16.57.290, after paying the cost ((thereof)) of impoundment, shall be paid to the director, 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 the 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 the cattle ((or horses)). If the consignor fails to establish legal ownership or the right to sell the cattle ((or horses)), the proceeds shall be paid to the director to be disposed of as any other estray proceeds.

Sec. 11   RCW 16.57.400 and 2003 c 326 s 44 are each amended to read as follows:
     ((Horses and)) Cattle may be identified by individual identification certificates or other means of identification authorized by the director. The certificates or other means of identification are valid only for the use of the owner in whose name it is issued.
     ((Horses and)) Cattle identified pursuant to this section are only subject to inspection when the animal is consigned for sale.

NEW SECTION.  Sec. 12   A new section is added to chapter 16.57 RCW to read as follows:
     Any requirements of this chapter relating to brands, brand inspection, or other ownership inspection requirements do not apply to the ownership or movement of horses. The department may not require the owner or possessor of a horse to present the horse for a brand inspection upon movement, sale, importation into Washington, exportation out of Washington, or under any other circumstances.

Sec. 13   RCW 16.57.015 and 2003 c 326 s 3 are each amended to read as follows:
     (1) The director shall establish a livestock identification advisory board. The board shall be composed of ((six)) five 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. As used in this subsection, "meat processor" means a person licensed to operate a slaughtering establishment under chapter 16.49 RCW or the federal meat inspection act (21 U.S.C. Sec. 601 et seq.). In making appointments, the director shall solicit nominations from organizations representing these groups statewide. The board shall elect a member to serve as chair of the board.
     (2) The purpose of the board is to provide advice to the director regarding livestock identification programs administered under this chapter and regarding 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, 16.65.030, 16.65.037, or 16.65.090. If the director publishes in the state register a proposed rule to be adopted under the authority of this chapter 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.

Sec. 14   RCW 9.16.010 and 1992 c 7 s 3 are each amended to read as follows:
     Every person who shall willfully deface, obliterate, remove, or alter any mark or brand placed by or with the authority of the owner thereof on any shingle bolt, log or stick of timber, or on any ((horse, mare, gelding,)) mule, cow, steer, bull, sheep, goat or hog, shall be punished by imprisonment in a state correctional facility for not more than five years, or by imprisonment in the county jail for not more than one year, or by a fine of not more than one thousand dollars, or by both fine and imprisonment.

NEW SECTION.  Sec. 15   RCW 16.57.410 (Horses -- Registering agencies -- Permit required -- Fee -- Records -- Identification symbol inspections -- Rules) and 2003 c 326 s 45, 1993 c 354 s 11, 1989 c 286 s 25, & 1981 c 296 s 35 are each repealed.