5443-S AMH AG H2281.3
SSB 5443 - H COMM AMD ADOPTED 4-6-93
By Committee on Agriculture & Rural Development
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 16.65.030 and 1991 c 17 s 1 are each amended to read as follows:
(1) On and after June 10, 1959, no person shall operate a public livestock market without first having obtained a license from the director. Application for such license or renewal thereof shall be in writing on forms prescribed by the director, and shall include the following:
(a) A legal description of the property upon which the public livestock market shall be located.
(b) A complete description and blueprints or plans of the public livestock market physical plant, yards, pens, and all facilities the applicant proposes to use in the operation of such public livestock market.
(c) A detailed statement showing all the assets and liabilities of the applicant which must reflect a sufficient net worth to construct or operate a public livestock market.
(d) The schedule of rates and charges the applicant proposes to impose on the owners of livestock for services rendered in the operation of such livestock market.
(e) The weekly or monthly sales day or days on which the applicant proposes to operate his or her public livestock market sales.
(f) Projected source and quantity of livestock, by county, anticipated to be handled.
(g) Projected income and expense statements for the first year's operation.
(h) Facts upon which are based the conclusion that the trade area and the livestock industry will benefit because of the proposed market.
(i) Such other information as the director may reasonably require.
(2) The director shall, after public hearing as provided by chapter 34.05 RCW, grant or deny an application for original license for a public livestock market after considering evidence and testimony relating to all of the requirements of this section and giving reasonable consideration at the same hearing to:
(a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application; and
(b) The present market services elsewhere available to the trade area proposed to be served.
(3) Such application shall be accompanied by a license fee based on the average gross sales volume per official sales day of that market:
(a) Markets with an
average gross sales volume up to and including ten thousand dollars, a fee
of no less than one hundred ((dollar fee)) dollars or more than
one hundred fifty dollars;
(b) Markets with an
average gross sales volume over ten thousand dollars and up to and including
fifty thousand dollars, a fee of no less than two hundred ((dollar
fee)) dollars or more than three hundred fifty dollars; and
(c) Markets with an
average gross sales volume over fifty thousand dollars, a fee of no less
than three hundred ((dollar fee)) dollars or more than four
hundred fifty dollars.
The fees for public livestock market licensees shall be set by the director by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with section 10 of this act.
(4) Any applicant operating more than one public livestock market shall make a separate application for a license to operate each such public livestock market, and each such application shall be accompanied by the appropriate license fee.
(5) Upon the approval of the application by the director and compliance with the provisions of this chapter, the applicant shall be issued a license or renewal thereof. Any license issued under the provisions of this chapter shall only be valid at location and for the sales day or days for which the license was issued.
Sec. 2. RCW 16.65.090 and 1983 c 298 s 8 are each amended to read as follows:
The director shall
provide for brand inspection. When such brand inspection is required the
licensee shall collect from the consignor and pay to the department, 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 sixty dollars, then such licensee shall pay sixty dollars for such
brand inspection or as much thereof as the director may prescribe)). The
director shall set by rule, adopted after a hearing under chapter 34.05 RCW and
in conformance with section 10 of this act, a minimum daily inspection fee that
shall be paid to the department by the licensee. Such a fee shall be not less
than sixty dollars and not more than ninety dollars.
Sec. 3. RCW 16.58.050 and 1979 c 81 s 2 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 no less than five
hundred dollars or no more than seven hundred fifty dollars. The actual
license fee for a certified feed lot license shall be prescribed by the
director by rule subsequent to a hearing under chapter 34.05 RCW and in
conformance with section 10 of this act. Upon approval of the application
by the director and compliance with the provisions of this chapter and rules ((and
regulations)) adopted hereunder, the applicant shall be issued a license or
a renewal thereof.
Sec. 4. RCW 16.58.130 and 1991 c 109 s 14 are each amended to read as follows:
Each licensee shall pay to the director a fee of no less than ten cents but no more than fifteen cents for each head of cattle handled through the licensee's feed lot. The fee shall be set by the director by rule after a hearing under chapter 34.05 RCW and in conformance with section 10 of this act. Payment of such fee shall be made by the licensee on a monthly basis. Failure to pay as required shall be grounds for suspension or revocation of a certified feed lot license. Further, the director shall not renew a certified feed lot license if a licensee has failed to make prompt and timely payments.
Sec. 5. RCW 16.57.080 and 1991 c 110 s 1 are each amended to read as follows:
The director 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 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 section 10 of this act. At least one hundred
twenty 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 ((twenty-five dollars and an
additional fee of ten dollars)) 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 section 10 of this act, for
renewal subsequent to the regular renewal period. The director may at ((his))
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.
Sec. 6. RCW 16.57.090 and 1974 ex.s. c 64 s 3 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 shall record such instrument upon presentation and
payment of a ((ten dollar)) recording fee not to exceed fifteen
dollars to be prescribed by the director by rule subsequent to a hearing under
chapter 34.05 RCW and in conformance with section 10 of this act. 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, shall be received in evidence to all
intent and purposes as the original instrument. The director shall not be
personally liable for failure of ((his)) the director's agents to
properly record such instrument.
Sec. 7. RCW 16.57.140 and 1974 ex.s. c 64 s 4 are each amended to read as follows:
The owner of a brand of
record may procure from the director a certified copy of the record of ((his))
the owner's brand upon payment of ((five dollars)) a fee not
to exceed seven dollars and fifty cents to be prescribed by the director by
rule subsequent to a hearing under chapter 34.05 RCW and in conformance with
section 10 of this act.
Sec. 8. RCW 16.57.220 and 1981 c 296 s 17 are each amended to read as follows:
The director shall
cause a charge to be made for all brand inspection of cattle and horses
required under this chapter and rules ((and regulations)) 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. 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 in
order to best utilize the services of the department in performing brand
inspection ((shall)) 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))
shall be not less than ((thirty cents nor more than)) fifty cents nor
more than seventy-five cents per head for cattle and not less than two dollars
nor more than three dollars per head for horses as prescribed by the
director by rule subsequent to a hearing under chapter 34.05 RCW and
in conformance with section 10 of this act. Fees for brand inspection of
cattle and horses performed by the director at points other than those
designated by the director or not in accord with the schedules established by
((him)) the director shall be based on a fee schedule not to
exceed actual net cost to the department of performing the brand inspection
service. Such schedule of fees shall be established subsequent to a hearing
and all regulations concerning fees shall be adopted in accord with the
provisions of chapter 34.05 RCW, the Administrative Procedure Act, concerning
the adoption of rules as enacted or hereafter amended.
Sec. 9. RCW 16.57.400 and 1981 c 296 s 23 are each amended to read as follows:
The director 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 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 has received the fee. The schedule of fees shall be established in accordance with the provisions of chapter 34.05 RCW.
NEW SECTION. Sec. 10. A new section is added to chapter 16.57 RCW 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.
Sec. 11. RCW 16.57.410 and 1989 c 286 s 25 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 1 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 ((and 16.57.390)). 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. 12. RCW 16.57.390 and 1974 ex.s. c 38 s 2 are each repealed."
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