6204-S.E AMH AGEC AMH-5316.2
ESSB 6204 - H COMM AMD ADOPTED AS AMENDED 3/4/98
By Committee on Agriculture & Ecology
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 16.57.010 and 1996 c 105 s 1 are each amended to read as follows:
For the purpose of this chapter:
(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)) board
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)) Livestock 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 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)) board.
(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))
board; and
(c)
In locations of other livestock species as specified by rule of the ((director))
board when requested by an association of producers of that species of
livestock.
(14) "Livestock identification board" or "board" means the board established under RCW 16.57.015.
(15) "Certificate of permit" means a form prescribed by and obtained from the board that is completed by the owner or a person authorized to act on behalf of the owner to show the ownership of livestock. It does not evidence inspection of livestock.
(16) "Inspection certificate" means a certificate issued by the board documenting the ownership of livestock based on an inspection of livestock by the board. It includes an individual identification certificate issued by the board.
(17) "Self-inspection certificate" means a form prescribed by and obtained from the board that is used for self-inspection of cattle or horses and is signed by the buyer and seller of the cattle or horses.
Sec. 2. RCW 16.57.015 and 1993 c 354 s 10 are each amended 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.)) There
is established a Washington state livestock identification board. The board is
composed of the director, who shall be a nonvoting member, and six voting
members appointed by the governor as follows: One beef producer, one cattle
feeder, one dairy producer, one livestock market owner, one meat packer, and
one horse producer. Organizations representing the groups represented on the
board may submit nominations for these appointments to the governor for the
governor's consideration. Three members of the initial board shall be
appointed for two years and three members shall be appointed for three years,
thereafter gubernatorially appointed members shall be appointed for a
three-year term. Members may succeed themselves. As used in this subsection,
"meat packer" means a person licensed to operate a slaughtering
establishment under chapter 16.49A RCW.
(2) The board shall be responsible for the administration of the livestock identification program which includes the review of recording and registration of brands, approval of all expenditures from the livestock identification account, administration of this chapter and chapters 16.58 and 16.65 RCW, administration of the inspection, enforcement, and licensing activities, fee setting, and holding hearings and adopting rules for the administration of the livestock identification program. Authorities and responsibilities other than rule making that are granted to the board by this chapter and chapters 16.58 and 16.65 RCW may be delegated by the board to duly authorized representatives of the board. The board shall adopt rules regarding such authorities and responsibilities in accordance with chapter 34.05 RCW.
(3) Until June 30, 2004, the board shall contract with the department for registration and recording and for livestock inspection or investigation work and fix the compensation and terms of the contract. Beginning July 1, 2004, the board may contract with the department or other entities to provide such registration, recording, inspection, or investigation. The board may also enter into agreements with Washington state licensed and accredited veterinarians, or other persons, who have been certified by the board, to perform livestock inspection. Fees for livestock inspection performed by a certified veterinarian shall be collected by the veterinarian and remitted to the board. Veterinarians providing livestock inspection may charge a fee for livestock inspection that is separate from the fees provided in RCW 16.57.220. The board may adopt rules necessary to implement livestock inspection performed by veterinarians and may adopt fees to cover the cost associated with certification of veterinarians.
(4) Members of the board shall receive compensation as provided by RCW 43.03.240 and travel expenses to meetings or in otherwise carrying out the duties of the board as provided under RCW 43.03.050 and 43.03.060. The board shall meet at least quarterly in each calendar year. The board shall hire staff as necessary to carry out its duties.
(5) The board may select the area of the state in which to locate its principal office, which may include an area that is, by and large, near the geographic center of the state. The department shall examine the rental and other costs of locating the principal office from which it administers any contract it has with the board in an area that is, by and large, near the geographic center of the state. The department shall compare these costs with those of maintaining the principal office in its current location. The department shall report its findings to the board and shall consider moving its principal office for such administration to such an area if it would be more cost‑effective to do so.
NEW SECTION. Sec. 3. A new section is added to chapter 16.57 RCW to read as follows:
There is established a Washington state livestock identification account in the agricultural local fund created under RCW 43.23.230 into which all moneys collected or received from registration, recording, inspection, or enforcement under this chapter and moneys collected or received by the board under chapters 16.58 and 16.65 RCW shall be deposited. These moneys shall be used solely for the Washington state livestock identification program. Only the board may authorize expenditures from this account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
Sec. 4. RCW 16.57.020 and 1994 c 46 s 7 are each amended to read as follows:
(1)
The ((director)) board 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)) board. Such application shall be accompanied by a
facsimile of the brand applied for and a ((thirty-five)) seventy-dollar
recording fee. The ((director)) board shall, upon ((his or
her)) their satisfaction that the application and brand facsimile
meet the requirements of this chapter and/or rules adopted hereunder, record
such brand.
(2) As provided in RCW 16.57.015, the director of agriculture may be designated by the board as the recorder of livestock brands. If the director is so designated, the recording fee shall be deposited by the director in the Washington state livestock identification account and shall be used solely for livestock identification program purposes as provided in this chapter and only as authorized by the board.
(3) This section is null and void unless subsections (1) through (5) of section 2 of this act and section 96 of this act become law.
Sec. 5. RCW 16.57.030 and 1959 c 54 s 3 are each amended to read as follows:
The
((director)) board shall not record tattoo brands or marks for
any purpose subsequent to the enactment of this chapter. However, all tattoo
brands and marks of record on the date of the enactment of this chapter shall
be recognized as legal ownership brands or marks.
Sec. 6. RCW 16.57.040 and 1974 ex.s. c 64 s 1 are each amended to read as follows:
The
((director)) board may provide for the use of production record
brands. Numbers for such brands shall be issued at the discretion of the ((director))
board and shall be placed on livestock immediately below the registered
ownership brand or any other location prescribed by the ((director)) board.
Sec. 7. RCW 16.57.070 and 1959 c 54 s 7 are each amended to read as follows:
The
((director)) board shall determine conflicting claims between
applicants to a brand, and in so doing shall consider the priority of
applicants.
Sec. 8. 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.)) (1) Except as provided in subsection (2) of this section, the
fee for the renewal of ((the)) a brand((s)) registration
shall be ((no less than twenty-five)) seventy dollars for each
two-year period of brand ownership((, except that)). However,
the ((director)) board 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)). At least sixty days before the expiration of a registered
brand, the ((director)) board 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)) board 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)) board. The ((director))
board 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,)) of twenty dollars for renewal subsequent to the regular
renewal period. The ((director)) board may at the ((director's))
board's discretion, if such brand is not reissued within one year to the
prior registered owner, issue such brand to any other applicant.
(2) The board may adopt rules establishing criteria and fees for the permanent renewal of brands registered with the department or the board but renewed as livestock heritage brands. Such heritage brands are not intended for use on livestock.
(3) This section is null and void unless subsections (1) through (5) of section 2 of this act and section 96 of this act become law.
Sec. 9. RCW 16.57.090 and 1994 c 46 s 17 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)) board shall
record such instrument upon presentation and payment of a recording fee not to
exceed fifteen dollars to be prescribed by the ((director)) board
by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with
RCW 16.57.015. 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)) board,
shall be received in evidence to all intent and purposes as the original
instrument. The ((director)) board shall not be personally
liable for failure of the ((director's)) board's agents to
properly record such instrument.
Sec. 10. RCW 16.57.100 and 1971 ex.s. c 135 s 3 are each amended to read as follows:
The
right to use a brand shall be evidenced by the original certificate issued by
the ((director)) board showing that the brand is of present
record or a certified copy of the record of such brand showing that it is of
present record. A healed brand of record on livestock shall be prima facie
evidence that the recorded owner of such brand has legal title to such
livestock and is entitled to its possession: PROVIDED, That the ((director))
board may require additional proof of ownership of any animal showing
more than one healed brand.
Sec. 11. RCW 16.57.105 and 1967 c 240 s 38 are each amended to read as follows:
Any
person having a brand recorded with the ((department)) board
shall have a preemptory right to use such brand and its design under any newly
approved method of branding adopted by the ((director)) board.
Sec. 12. RCW 16.57.110 and 1959 c 54 s 11 are each amended to read as follows:
No
brand shall be placed on livestock that is not permanent in nature and of a
size that is not readily visible. The ((director)) board, in
order to assure that brands are readily visible, may prescribe the size of
branding irons to be used for ownership brands.
Sec. 13. RCW 16.57.120 and 1991 c 110 s 2 are each amended to read as follows:
No
person shall remove or alter a brand of record on livestock without first
having secured the written permission of the ((director)) board.
Violation of this section shall be a gross misdemeanor punishable to the same
extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 14. RCW 16.57.130 and 1959 c 54 s 13 are each amended to read as follows:
The
((director)) board shall not record a brand that is identical to
a brand of present record; nor a brand so similar to a brand of present record
that it will be difficult to distinguish between such brands when applied to
livestock.
Sec. 15. RCW 16.57.140 and 1994 c 46 s 18 are each amended to read as follows:
The
owner of a brand of record may procure from the ((director)) board
a certified copy of the record of the owner's brand upon payment of a fee not
to exceed seven dollars and fifty cents to be prescribed by the ((director))
board by rule subsequent to a hearing under chapter 34.05 RCW and in
conformance with RCW 16.57.015.
Sec. 16. RCW 16.57.150 and 1974 ex.s. c 64 s 5 are each amended to read as follows:
The
((director)) board shall publish a book to be known as the
"Washington State Brand Book", showing all the brands of record.
Such book shall contain the name and address of the owners of brands of record
and a copy of the brand laws and regulations. Supplements to such brand book
showing newly recorded brands, amendments or newly adopted regulations, shall
be published biennially, or prior thereto at the discretion of the ((director))
board: PROVIDED, That whenever ((he deems it)) necessary, the ((director))
board may issue a new brand book.
Sec. 17. RCW 16.57.160 and 1991 c 110 s 3 are each amended to read as follows:
(1)
Except as provided in subsection (3) of this section, the ((director))
board may ((by)) adopt rules ((adopted
subsequent to a public hearing designate)): Designating any point
for mandatory ((brand)) livestock inspection of cattle or
horses or the furnishing of proof that cattle passing or being transported
through such points have been ((brand)) livestock inspected and
are lawfully being moved; providing for self-inspection of cattle and
horses; and providing for issuance of individual horse and cattle
identification certificates or other means of horse and cattle identification.
((Further,))
(2) The ((director)) board or any peace officer may stop
vehicles carrying cattle or horses to determine if ((such)) the
cattle or horses are identified, branded, or accompanied by ((the
form prescribed by the director under RCW 16.57.240 or a brand certificate
issued by the department)) a certificate of permit, inspection
certificate, self-inspection certificate, or other satisfactory proof of
ownership, as determined by the board.
(3) Inspection shall not be required for:
(a) Any individual private sale of any unbranded dairy breed milk production cattle involving fifteen head or less; or
(b) A sale by the owner of a dairy farm licensed under chapter 15.36 RCW of a male calf or male calves from the farm that are not more than thirty days old, as long as the license number for the dairy is listed on the bill of sale or its equivalent.
Sec. 18. RCW 16.57.165 and 1971 ex.s. c 135 s 6 are each amended to read as follows:
The
((director)) board may, in order to reduce the cost of ((brand))
livestock inspection to livestock owners, enter into agreements with any
qualified county, municipal, or other local law enforcement agency, or
qualified individuals for the purpose of performing ((brand)) livestock
inspection in areas where ((department brand)) livestock
inspection by the department may not readily be available.
Sec. 19. RCW 16.57.170 and 1959 c 54 s 17 are each amended to read as follows:
The
((director)) board may enter at any reasonable time any
slaughterhouse or public livestock market to make an examination of the brands
on livestock or hides, and may enter at any reasonable time an establishment
where hides are held to examine them for brands. The ((director)) board
may enter any of these premises at any reasonable time to examine all books and
records required by law in matters relating to ((brand)) livestock
inspection or other methods of livestock identification.
Sec. 20. RCW 16.57.180 and 1959 c 54 s 18 are each amended to read as follows:
Should
the ((director)) board be denied access to any premises or
establishment where such access was sought for the purposes set forth in RCW
16.57.170, ((he)) the board may apply to any court of competent
jurisdiction for a search warrant authorizing access to such premises or establishment
for said purposes. The court may upon such application, issue the search
warrant for the purposes requested.
Sec. 21. RCW 16.57.200 and 1959 c 54 s 20 are each amended to read as follows:
Any
owner or ((his)) an agent shall make the brand or brands on
livestock being ((brand)) livestock inspected readily visible and
shall cooperate with the ((director)) board to carry out such ((brand))
livestock inspection in a safe and expeditious manner.
Sec. 22. RCW 16.57.210 and 1959 c 54 s 21 are each amended to read as follows:
The
((director)) board shall have authority to arrest any person
without warrant anywhere in the state found in the act of, or whom ((he))
the board has reason to believe is guilty of, driving, holding, selling
or slaughtering stolen livestock. Any such person arrested by the ((director))
board shall be turned over to the sheriff of the county where the arrest
was made, as quickly as possible.
Sec. 23. RCW 16.57.220 and 1997 c 356 s 2 are each amended to read as follows:
(1)
The ((director)) livestock identification board shall cause a
charge to be made for all ((brand)) livestock inspection of
cattle and horses required under this chapter and rules adopted hereunder.
Such charges shall be paid to the ((department)) board by the
owner or person in possession unless requested by the purchaser and then such
((brand)) livestock inspection shall be paid by the purchaser
requesting such ((brand)) livestock inspection. Except as
provided by rule, such inspection charges shall be due and payable at the time
((brand)) livestock inspection is performed and shall be paid
upon billing by the ((department)) board and if not shall
constitute a prior lien on the cattle or cattle hides or horses or horse hides
((brand)) livestock inspected until such charge is paid. The ((director))
board in order to best utilize the services of the ((department))
livestock inspector in performing ((brand)) livestock
inspection may establish schedules by days and hours when a ((brand)) livestock
inspector will be on duty to perform ((brand)) livestock
inspection at established inspection points. Except as provided in rules
adopted under subsection (2) of this section, the fees for ((brand))
livestock inspection performed at inspection points according to
schedules established by the ((director)) board shall be
seventy-five cents per head for cattle and ((not more than)) three
dollars per head for horses ((as prescribed by the director subsequent to a
hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015)).
Fees for ((brand)) livestock inspection of cattle and horses at
points other than those designated by the ((director)) board or
not in accord with the schedules established by the ((director)) board
shall be based on a fee schedule not to exceed actual net cost to the ((department))
board of performing the ((brand)) livestock inspection
service. For the purpose of this section, actual costs shall mean fifteen
dollars per hour and the current mileage rate set by the office of financial
management.
(2) The board may by rule prescribe a fee for the inspection of cattle performed at inspection points that is not less than seventy-five cents per head and not more than one dollar per head and may by rule prescribe a fee for the inspection of horses performed at inspection points that is not less than three dollars per head and not more than five dollars per head. However, a rule prescribing such a fee may be proposed and adopted by the board only by a unanimous vote of the members of the board entitled to vote under RCW 16.57.015. This subsection constitutes prior legislative approval for the initial fee prescribed by rule of the board for the inspection of cattle and the initial fee prescribed by rule of the board for the inspection of horses to result in an increase of the fee established under subsection (1) of this section for the inspection that is in excess of the fiscal growth factor under chapter 43.135 RCW.
Sec. 24. RCW 16.57.230 and 1995 c 374 s 50 are each amended to read as follows:
No
person shall collect or make a charge for ((brand)) livestock
inspection of livestock unless there has been an actual ((brand)) livestock
inspection of such livestock.
Sec. 25. RCW 16.57.240 and 1995 c 374 s 51 are each amended to read as follows:
((Any
person purchasing, selling, holding for sale, trading, bartering, transferring
title, slaughtering, handling, or transporting cattle shall keep a record on
forms prescribed by the director. Such forms)) (1) Certificates of
permit, inspection certificates, and self-inspection certificates shall
show the owner, number, ((specie)) breed, sex, brand or
other method of identification of ((such)) the cattle or
horses and any other necessary information required by the ((director))
board. ((The original shall be kept for a period of three years or
shall be furnished to the director upon demand or as prescribed by rule, one
copy shall accompany the cattle to their destination and shall be subject to
inspection at any time by the director or any peace officer or member of the
state patrol: PROVIDED, That in the following instances only, cattle may be
moved or transported within this state without being accompanied by an official
certificate of permit, brand inspection certificate, bill of sale, or
self-inspection slip:
(1)
When such cattle are moved or transported upon lands under the exclusive
control of the person moving or transporting such cattle;
(2)
When such cattle are being moved or transported for temporary grazing or
feeding purposes and have the registered brand of the person having or
transporting such cattle.))
(2) The board may cause certificate of permit forms to be issued to any person on payment of a fee established by rule.
(3) Inspection certificates, self-inspection certificates, or other proof of ownership deemed satisfactory by the board shall be kept by the owner and/or person in possession of any cattle or horses and shall be furnished to the board or any peace officer upon demand.
(4) Cattle may not be moved or transported within this state without being accompanied by a certificate of permit, inspection certificate, or self-inspection certificate except:
(a) When the cattle are moved or transported upon lands under the exclusive control of the person moving or transporting the cattle; or
(b) When the cattle are being moved or transported for temporary grazing or feeding purposes and have the recorded brand of the person having or transporting the cattle.
(5) Certificates of permit, inspection certificates, or self-inspection certificates accompanying cattle being moved or transported within this state shall be subject to inspection at any time by the board or any peace officer.
Sec. 26. RCW 16.57.260 and 1981 c 296 s 19 are each amended to read as follows:
It
shall be 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 official ((brand)) livestock inspection certificate
issued by the ((director)) board on such cattle or horses, except
as provided in RCW 16.57.160.
Sec. 27. RCW 16.57.270 and 1959 c 54 s 27 are each amended to read as follows:
It
shall be unlawful for any person moving or transporting livestock in this state
to refuse to assist the ((director)) board or any peace officer
in establishing the identity of such livestock being moved or transported.
Sec. 28. RCW 16.57.275 and 1967 c 240 s 37 are each amended to read as follows:
Any
cattle carcass, or primal part thereof, of any breed or age being transported
in this state from other than a state or federal licensed and inspected
slaughterhouse or common carrier hauling for such slaughterhouse, shall be
accompanied by a certificate of permit signed by the owner of such carcass or
primal part thereof and, if such carcass or primal part is delivered to a
facility custom handling such carcasses or primal part thereof, such
certificate of permit shall be deposited with the owner or manager of such
custom handling facility and such certificate of permit shall be retained for a
period of one year and be made available to the ((department)) livestock
identification board for inspection during reasonable business hours. ((The
owner of such carcass or primal part thereof shall mail a copy of the said
certificate of permit to the department within ten days of said transportation.))
Sec. 29. RCW 16.57.280 and 1995 c 374 s 52 are each amended to read as follows:
No person shall knowingly have unlawful possession of any livestock marked with a recorded brand or tattoo of another person unless:
(1) Such livestock lawfully bears the person's own healed recorded brand; or
(2) Such livestock is accompanied by a certificate of permit from the owner of the recorded brand or tattoo; or
(3)
Such livestock is accompanied by a ((brand)) livestock inspection
certificate; or
(4) Such cattle is accompanied by a self-inspection slip; or
(5) Such livestock is accompanied by a bill of sale from the previous owner or other satisfactory proof of ownership.
A violation of this section constitutes a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 30. 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)) board, shall be sold by the ((director)) board
or the ((director's)) board's representative, 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))
board or the ((director's)) board's representative shall
give the purchasers a bill of sale therefor, or, if theft is suspected, the
cattle or horses may be impounded by the ((director)) board or
the ((director's)) board's representative.
Sec. 31. 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))
board, 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)) board to be disposed
of as any other estray proceeds.
Sec. 32. 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)) board,
he or she shall present to the ((director)) board a claim
on the proceeds within ten days from the receipt of the notice or the ((director))
board may decide that no claim exists.
Sec. 33. 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)) board
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. 34. 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)) board
to be expended in carrying out the provisions of this chapter.
Sec. 35. RCW 16.57.340 and 1959 c 54 s 34 are each amended to read as follows:
The
((director)) board 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))
board 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)) board
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. 36. RCW 16.57.350 and 1994 c 46 s 8 are each amended to read as follows:
The
((director)) board may adopt such rules as are necessary to carry
out the purposes of this chapter. It shall be the duty of the ((director))
board to enforce and carry out the provisions of this chapter and/or
rules adopted hereunder. No person shall interfere with the ((director))
board when ((he or she)) the board is performing or
carrying out duties imposed on ((him or her)) it by this chapter
and/or rules adopted hereunder.
Sec. 37. RCW 16.57.360 and 1991 c 110 s 7 are each amended to read as follows:
The
((department)) board is authorized to issue notices of and
enforce civil infractions in the manner prescribed under chapter 7.80 RCW.
The violation of any provision of this chapter and/or rules and regulations adopted hereunder shall constitute a class I civil infraction as provided under chapter 7.80 RCW unless otherwise specified herein.
Sec. 38. RCW 16.57.370 and 1959 c 54 s 37 are each amended to read as follows:
All fees collected under the provisions of this chapter shall be
retained and deposited by the ((director)) board to be used only
for the enforcement of this chapter.
Sec. 39. RCW 16.57.400 and 1994 c 46 s 20 are each amended to read as follows:
The
((director)) board 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))
livestock inspection except when sold at points provided for in RCW ((16.57.380))
16.57.160. The ((director)) board 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)) board
has received the fee. The schedule of fees shall be established in accordance
with the provisions of chapter 34.05 RCW.
Sec. 40. RCW 16.57.407 and 1996 c 105 s 3 are each amended to read as follows:
The
((department)) livestock identification board 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. 41. 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))
board. The ((director)) board 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)) board. Application for such permit, or the
renewal thereof by January 1 of each year, shall be on a form prescribed by the
((director)) board, and accompanied by the proof of registration
to be issued, any other documents required by the ((director)) board,
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)) board, if requested by the ((director))
board.
(3)
Individual identification symbols shall be inspected as required for brands
under RCW 16.57.220 ((and 16.57.380)). 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)) board shall adopt such rules as
are necessary for the effective administration of this section pursuant to
chapter 34.05 RCW.
Sec. 42. RCW 16.57.420 and 1993 c 105 s 3 are each amended to read as follows:
The
((department)) livestock identification board may, in
consultation with representatives of the ratite industry, develop by rule a
system that provides for the identification of individual ratites through the
use of microchipping. The ((department)) board may establish
fees for the issuance or reissuance of microchipping numbers sufficient to
cover the expenses of the ((department)) board.
Sec. 43. RCW 16.58.020 and 1971 ex.s. c 181 s 2 are each amended to read as follows:
For the purpose of this chapter:
(1) "Livestock identification board" or "board" means the livestock identification board defined under RCW 16.57.010.
(2)
"Certified feed lot" means any place, establishment, or facility
commonly known as a commercial feed lot, cattle feed lot, or the like, which
complies with all of the requirements of this chapter, and any ((regulations))
rules adopted pursuant to the provisions of this chapter and which holds
a valid license from the ((director)) board as hereinafter
provided.
(((2)
"Department" means the department of agriculture of the state of
Washington.
(3)
"Director" means the director of the department or his duly
authorized representative.
(4))) (3)
"Licensee" means any persons licensed under the provisions of this
chapter.
(((5)))
(4) "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.
Sec. 44. RCW 16.58.030 and 1971 ex.s. c 181 s 3 are each amended to read as follows:
The
((director)) board may adopt such rules ((and regulations))
as are necessary to carry out the purpose of this chapter. The adoption of
such rules shall be subject to the provisions of this chapter and rules ((and
regulations)) adopted hereunder. No person shall interfere with the ((director
when he)) board when it is performing or carrying out any duties
imposed ((upon him)) by this chapter or rules ((and regulations))
adopted hereunder.
Sec. 45. RCW 16.58.040 and 1971 ex.s. c 181 s 4 are each amended to read as follows:
On or
after August 9, 1971, any person desiring to engage in the business of
operating one or more certified feed lots shall obtain an annual license from
the ((director)) board for such purpose. The application for a
license shall be on a form prescribed by the ((director)) board
and shall include the following:
(1) The number of certified feed lots the applicant intends to operate and their exact location and mailing address;
(2) The legal description of the land on which the certified feed lot will be situated;
(3) A complete description of the facilities used for feeding and handling of cattle at each certified feed lot;
(4) The estimated number of cattle which can be handled for feeding purposes at each such certified feed lot; and
(5)
Any other information necessary to carry out the purpose and provisions of this
chapter and rules ((or regulations)) adopted hereunder.
Sec. 46. RCW 16.58.050 and 1997 c 356 s 4 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 seven hundred
fifty dollars. Upon approval of the application by the ((director)) livestock
identification board and compliance with the provisions of this chapter and
rules adopted hereunder, the applicant shall be issued a license or a renewal
thereof. The board shall conduct an inspection of all cattle and their
corresponding ownership documents prior to issuing an original license. The
inspection fee shall be the higher of the current inspection fee per head of
cattle or time and mileage as set forth in RCW 16.57.220.
Sec. 47. RCW 16.58.060 and 1991 c 109 s 10 are each amended to read as follows:
The
((director)) board shall establish by rule an expiration date or
dates for all certified feed lot licenses. License fees shall be prorated
where necessary to accommodate staggering of expiration dates of a license or
licenses. If an application for renewal of a certified feed lot license is not
received by the ((department)) board per the date required by
rule or should a person fail, refuse, or neglect to apply for renewal of a
preexisting license on or before the date of expiration, that person shall be
assessed an additional twenty-five dollars which shall be added to the regular
license fee and shall be paid before the ((director)) board may
issue a license to the applicant.
Sec. 48. RCW 16.58.070 and 1989 c 175 s 54 are each amended to read as follows:
The ((director)) livestock identification board is
authorized to deny, suspend, or revoke a license in accord with the provisions
of chapter 34.05 RCW if ((he)) it finds that there has been a
failure to comply with any requirement of this chapter or rules ((and
regulations)) adopted hereunder. Hearings for the revocation, suspension,
or denial of a license shall be subject to the provisions of chapter 34.05 RCW
concerning adjudicative proceedings.
Sec. 49. RCW 16.58.080 and 1971 ex.s. c 181 s 8 are each amended to read as follows:
Every
certified feed lot shall be equipped with a facility or a livestock pen,
approved by the ((director)) livestock identification board as to
location and construction within the ((said)) feed lot so that necessary
((brand)) livestock inspection can be carried on in a proper,
expeditious and safe manner. Each licensee shall furnish the ((director))
board with sufficient help necessary to carry out ((brand)) livestock
inspection in the manner set forth above.
Sec. 50. RCW 16.58.095 and 1991 c 109 s 11 are each amended to read as follows:
All
cattle entering or reentering a certified feed lot must be inspected for brands
upon entry, unless they are accompanied by a ((brand)) livestock
inspection certificate issued by the ((director)) livestock
identification board, or any other agency authorized in any state or
Canadian province by law to issue such a certificate. Licensees shall report a
discrepancy between cattle entering or reentering a certified feed lot and the
((brand)) livestock inspection certificate accompanying the
cattle to the nearest ((brand)) livestock inspector immediately.
A discrepancy may require an inspection of all the cattle entering or
reentering the lot, except as may otherwise be provided by rule.
Sec. 51. RCW 16.58.100 and 1979 c 81 s 3 are each amended to read as follows:
The
((director)) livestock identification board shall each year
conduct audits of the cattle received, fed, handled, and shipped by the
licensee at each certified feed lot. Such audits shall be for the purpose of
determining if such cattle correlate with the ((brand)) livestock
inspection certificates issued in their behalf and that the certificate of
assurance furnished the ((director)) board by the licensee
correlates with his or her assurance that ((brand)) livestock
inspected cattle were not commingled with uninspected cattle.
Sec. 52. RCW 16.58.110 and 1991 c 109 s 12 are each amended to read as follows:
All
certified feed lots shall furnish the ((director)) livestock
identification board with records as requested by ((him)) it
from time to time on all cattle entering or on feed in ((said))
certified feed lots and dispersed therefrom. All such records shall be subject
to examination by the ((director)) board for the purpose of
maintaining the integrity of the identity of all such cattle. The ((director))
board may make the examinations only during regular business hours
except in an emergency to protect the interest of the owners of such cattle.
Sec. 53. RCW 16.58.120 and 1991 c 109 s 13 are each amended to read as follows:
The
licensee shall maintain sufficient records as required by the ((director))
livestock identification board at each certified feed lot, if ((said))
the licensee operates more than one certified feed lot.
Sec. 54. RCW 16.58.130 and 1997 c 356 s 7 are each amended to read as follows:
(1)
Each licensee shall pay to the ((director)) livestock identification
board a fee of ((twelve)) fifteen cents for each head of
cattle handled through the licensee's feed lot unless a fee has been adopted
under subsection (2) of this section, in which case the licensee shall pay the
fee adopted under subsection (2) of this section. 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)) board shall not renew a certified feed
lot license if a licensee has failed to make prompt and timely payments.
(2) The board may by rule alter the fee prescribed in subsection (1) of this section for each head of cattle handled through a licensee's feed lot. This authority of the board includes, but is not limited to, prescribing a fee for each head of cattle owned by the licensee handled through the licensee's feed lot and prescribing a different fee for each head of cattle owned by a person other than the licensee handled through the licensee's feed lot.
Sec. 55. RCW 16.58.140 and 1979 c 81 s 5 are each amended to read as follows:
All
fees provided for in this chapter shall be retained by the ((director)) board
for the purpose of enforcing and carrying out the purpose and provisions of
this chapter or chapter 16.57 RCW.
Sec. 56. RCW 16.58.150 and 1971 ex.s. c 181 s 15 are each amended to read as follows:
No
((brand)) livestock inspection shall be required when cattle are
moved or transferred from one certified feed lot to another or the transfer of
cattle from a certified feed lot to a point within this state, or out of state
where this state maintains ((brand)) livestock inspection, for
the purpose of immediate slaughter.
Sec. 57. RCW 16.58.160 and 1991 c 109 s 15 are each amended to read as follows:
The
((director)) board may, when a certified feed lot's conditions
become such that the integrity of reports or records of the cattle therein
becomes doubtful, suspend such certified feed lot's license until such time as
the ((director)) board can conduct an investigation to carry out
the purpose of this chapter.
Sec. 58. RCW 16.65.010 and 1983 c 298 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) The term "public livestock market" means any place, establishment or facility commonly known as a "public livestock market", "livestock auction market", "livestock sales ring", yards selling on commission, or the like, conducted or operated for compensation or profit as a public livestock market, consisting of pens or other enclosures, and their appurtenances in which livestock is received, held, sold, kept for sale or shipment. The term does not include the operation of a person licensed under this chapter to operate a special open consignment horse sale.
(2)
(("Department" means the department of agriculture of the state of
Washington.
(3)
"Director" means the director of the department or his duly
authorized representative.
(4)))
"Licensee" means any person licensed under the provisions of this
chapter.
(((5)))
(3) "Livestock" includes horses, mules, burros, cattle, sheep,
swine, and goats.
(((6)))
(4) "Livestock identification board" or "board" means
the board created in RCW 16.57.015.
(5) "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.
(((7)))
(6) "Stockyard" means any place, establishment, or facility
commonly known as a stockyard consisting of pens or other enclosures and their
appurtenances in which livestock services such as feeding, watering, weighing,
sorting, receiving and shipping are offered to the public: PROVIDED, That
stockyard shall not include any facilities where livestock is offered for sale
at public auction, feed lots, or quarantined registered feed lots.
(((8)))
(7) "Packer" means any person engaged in the business of
slaughtering, manufacturing, preparing meat or meat products for sale,
marketing meat, meat food products or livestock products.
(((9)))
(8) "Deputy state veterinarian" means a graduate veterinarian
authorized to practice in the state of Washington and appointed or deputized by
the director of agriculture as his or her duly authorized
representative.
(((10)))
(9) "Special open consignment horse sale" means a sale
conducted by a person other than the operator of a public livestock market
which is limited to the consignment of horses and donkeys only for sale on an
occasional and seasonal basis.
Sec. 59. RCW 16.65.015 and 1983 c 298 s 2 are each amended to read as follows:
This chapter does not apply to:
(1) A farmer selling his or her own livestock on the farmer's own premises by auction or any other method.
(2)
A farmers' cooperative association or an association of livestock breeders when
any class of their own livestock is assembled and offered for sale at a special
sale on an occasional and seasonal basis under the association's management and
responsibility, and the special sale has been approved by the ((director))
board in writing. However, the special sale shall be subject to brand
and health inspection requirements as provided in this chapter for sales at
public livestock markets.
Sec. 60. RCW 16.65.020 and 1983 c 298 s 5 are each amended to read as follows:
Public
livestock markets and special open consignment horse sales shall be under the
direction and supervision of the ((director)) livestock
identification board, and the ((director)) board, but not ((his))
its duly authorized representative, may adopt such rules ((and
regulations)) as are necessary to carry out the purpose of this chapter.
It shall be the duty of the ((director)) board to enforce and
carry out the provisions of this chapter and rules ((and regulations))
adopted hereunder. No person shall interfere with the ((director)) board
when ((he)) it is performing or carrying out any duties imposed
upon ((him)) it by this chapter or rules ((and regulations))
adopted hereunder.
Sec. 61. RCW 16.65.030 and 1995 c 374 s 54 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))
livestock identification board. Application for ((such)) a
license shall be in writing on forms prescribed by the ((director)) board,
and shall include the following:
(a) A nonrefundable original license application fee of fifteen hundred dollars.
(b) A legal description of the property upon which the public livestock market shall be located.
(c) 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.
(d)
((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.)) A financial statement, compiled or audited by
a certified or licensed public accountant, to determine whether or not the
applicant meets the minimum net worth requirements, established by the director
by rule, to construct and/or operate a public livestock market. If the
applicant is a subsidiary of a larger company, corporation, society, or
cooperative association, both the parent company and the subsidiary company
must submit a financial statement to determine whether or not the applicant
meets the minimum net worth requirements. All financial statement information
required by this subsection is confidential information and not subject to
public disclosure.
(e) 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.
(f) The weekly or monthly sales day or days on which the applicant proposes to operate his or her public livestock market sales and the class of livestock that may be sold on these days.
(g)
Projected source and quantity of livestock((, by county,)) anticipated
to be handled.
(h)
Projected ((income and expense statements for)) gross dollar volume
of business to be carried on, at, or through the public livestock market during
the first year's operation.
(i)
Facts upon which ((are)) is based the conclusion that the trade
area and the livestock industry will benefit because of the proposed market.
(j)
((Such)) Other information as the ((director)) board
may ((reasonably)) require by rule.
(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)
Applications for renewal under RCW 16.65.040 shall include all information
under subsection (1) of this section, except subsection (1)(a) of this section.)) If
the board determines that the applicant meets all the requirements of
subsection (1) of this section, the board shall conduct a public hearing as
provided by chapter 34.05 RCW, and shall grant or deny an application for
original license for a public livestock market after considering evidence and
testimony relating to the requirements of this section and giving reasonable
consideration to:
(a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application;
(b) The geographical area that will be affected;
(c) The conflict, if any, with sales days already allocated in the area;
(d) The amount and class of livestock available for marketing in the area;
(e) Buyers available to the proposed market; and
(f) Any other conditions affecting the orderly marketing of livestock.
(3) Before a license is issued to operate a public livestock market, the applicant must:
(a) Execute and deliver to the board a surety bond as required under RCW 16.65.200;
(b) Provide evidence of a custodial account, as required under RCW 16.65.140, for the consignor's proceeds;
(c) Pay the appropriate license fee; and
(d) Provide other information required under this chapter and rules adopted under this chapter.
Sec. 62. RCW 16.65.037 and 1997 c 356 s 8 are each amended to read as follows:
(1)
Upon the approval of the application by the ((director)) livestock
identification board 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.
(2) The license fee shall be 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 one hundred fifty dollar fee;
(b) Markets with an average gross sales volume over ten thousand dollars and up to and including fifty thousand dollars, a three hundred fifty dollar fee; and
(c) Markets with an average gross sales volume over fifty thousand dollars, a four hundred fifty dollar fee.
The
fees for public market licenses shall be set by the ((director)) board
by rule subsequent to a hearing under chapter 34.05 RCW and in conformance with
RCW 16.57.015.
(3) 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 application fee.
Sec. 63. RCW 16.65.040 and 1983 c 298 s 6 are each amended to read as follows:
All
public livestock market licenses provided for in this chapter shall expire on
March 1st subsequent to the date of issue. Any person who fails, refuses, or
neglects to apply for a renewal of a preexisting license on or before the date
of expiration, shall pay a penalty of twenty-five dollars, which shall be added
to the regular license fee, before such license may be renewed by the ((director))
livestock identification board.
Sec. 64. RCW 16.65.042 and 1983 c 298 s 3 are each amended to read as follows:
(1)
A person shall not operate a special open consignment horse sale without first
obtaining a license from the ((director)) livestock identification
board. The application for the license shall include:
(a) A detailed statement showing all of the assets and liabilities of the applicant;
(b) The schedule of rates and charges the applicant proposes to impose on the owners of horses for services rendered in the operation of the horse sale;
(c) The specific date and exact location of the proposed sale;
(d) Projected quantity and approximate value of horses to be handled; and
(e)
Such other information as the ((director)) board may reasonably
require.
(2)
The application shall be accompanied by a license fee of one hundred dollars.
Upon the approval of the application by the ((director)) board
and compliance with this chapter, the applicant shall be issued a license. A
special open consignment horse sale license is valid only for the specific date
or dates and exact location for which the license was issued.
Sec. 65. RCW 16.65.050 and 1959 c 107 s 5 are each amended to read as follows:
All
fees ((provided for)) collected or received by the board under this
chapter shall be ((retained by the director)) deposited by the board
in the livestock identification account created in section 3 of this act.
Moneys collected under this chapter may be expended by the board without
appropriation for the purpose of enforcing this chapter.
Sec. 66. RCW 16.65.080 and 1985 c 415 s 9 are each amended to read as follows:
(1)
The ((director)) livestock identification board is authorized to
deny, suspend, or revoke a license in the manner prescribed herein, when there
are findings by the ((director)) board that any licensee (a) has
been guilty of fraud or misrepresentation as to titles, charges, numbers,
brands, weights, proceeds of sale, or ownership of livestock; (b) has attempted
payment to a consignor by a check the licensee knows not to be backed by
sufficient funds to cover such check; (c) has violated any of the provisions of
this chapter or rules ((and regulations)) adopted hereunder; (d) has
violated any laws of the state that require health or ((brand)) livestock
inspection of livestock; (e) has violated any condition of the bond, as
provided in this chapter. However, the ((director)) board may
deny a license if the applicant refuses to accept the sales day or days
allocated to ((him)) it under the provisions of this chapter.
(2)
In all proceedings for revocation, suspension, or denial of a license the
licensee or applicant shall be given an opportunity to be heard in regard to
such revocation, suspension or denial of a license. The ((director)) board
shall give the licensee or applicant twenty days' notice in writing and such
notice shall specify the charges or reasons for such revocation, suspension or
denial. The notice shall also state the date, time and place where such
hearing is to be held. Such hearings shall be held in the city where the
licensee has his or her principal place of business, or where the
applicant resides, unless some other place be agreed upon by the parties, and
the defendant may be represented by counsel.
(3)
The ((director)) board may issue subpoenas to compel the
attendance of witnesses, and/or the production of books or documents anywhere
in the state. The applicant or licensee shall have opportunity to be heard,
and may have such subpoenas issued as he or she desires. Subpoenas
shall be served in the same manner as in civil cases in the superior court.
Witnesses shall testify under oath which may be administered by the ((director))
board. Testimony shall be recorded, and may be taken by deposition
under such rules as the ((director)) board may prescribe.
(4)
The ((director)) board shall hear and determine the charges, make
findings and conclusions upon the evidence produced, and file them in ((his))
its office, together with a record of all of the evidence, and serve
upon the accused a copy of such findings and conclusions.
Sec. 67. RCW 16.65.090 and 1997 c 356 s 10 are each amended to read as follows:
The
((director)) livestock identification board shall provide for ((brand))
livestock inspection. When such ((brand)) livestock
inspection is required the licensee shall collect from the consignor and pay to
the ((department)) board, as provided by law, a fee for ((brand))
livestock inspection for each animal consigned to the public livestock
market or special open consignment horse sale. However, if in any one sale day
the total fees collected for ((brand)) livestock inspection do
not exceed ninety dollars, then such licensee shall pay ninety dollars for such
((brand)) livestock inspection or as much thereof as the ((director))
board may prescribe.
Sec. 68. RCW 16.65.100 and 1983 c 298 s 9 are each amended to read as follows:
The
licensee of each public livestock market or special open consignment horse sale
shall collect from any purchaser of livestock requesting ((brand)) livestock
inspection a fee as provided by law for each animal inspected. Such fee shall
be in addition to the fee charged to the consignor for ((brand)) livestock
inspection and shall not apply to the minimum fee chargeable to the licensee.
Sec. 69. RCW 16.65.140 and 1971 ex.s. c 192 s 4 are each amended to read as follows:
Each
licensee shall establish a custodial account for consignor's proceeds. All
funds derived from the sale of livestock handled on a commission or agency
basis shall be deposited in that account. Such account shall be drawn on only
for the payment of net proceeds to the consignor, or such other person or
persons of whom such licensee has knowledge is entitled to such proceeds, and
to obtain from such proceeds only the sums due the licensee as compensation for
his or her services as are set out in his or her tariffs, and for
such sums as are necessary to pay all legal charges against the consignment of
livestock which the licensee in his or her capacity as agent is required
to pay for on behalf of the consignor or shipper. The licensee in each case
shall keep such accounts and records that will at all times disclose the names
of the consignors and the amount due and payable to each from the funds in the
custodial account for consignor's proceeds. The licensee shall maintain the
custodial account for consignor's proceeds in a manner that will expedite
examination by the ((director)) livestock identification board
and reflect compliance with the requirements of this section.
Sec. 70. RCW 16.65.190 and 1983 c 298 s 12 are each amended to read as follows:
No person shall hereafter operate a public livestock market or special open consignment horse sale unless such person has filed a schedule with the application for license to operate such public livestock market or special open consignment horse sale. Such schedule shall show all rates and charges for stockyard services to be furnished by such person at such public livestock market or special open consignment horse sale.
(1)
Schedules shall be posted conspicuously at the public livestock market or
special open consignment horse sale, and shall plainly state all such rates and
charges in such detail as the ((director)) livestock identification
board may require, and shall state any rules ((and regulations))
which in any manner change, affect, or determine any part of the aggregate of
such rates or charges, or the value of the stockyard services furnished. The
((director)) board may determine and prescribe the form and
manner in which such schedule shall be prepared, arranged and posted.
(2)
No changes shall be made in rates or charges so filed and published except
after thirty days' notice to the ((director)) board and to the
public filed and posted as aforesaid, which shall plainly state the changes
proposed to be made and the time such changes will go into effect.
(3)
No licensee shall charge, demand or collect a greater or a lesser or a
different compensation for such service than the rates and charges specified in
the schedule filed with the ((director)) board and in effect at
the time; nor shall a licensee refund or remit in any manner any portion of the
rates or charges so specified (but this shall not prohibit a cooperative
association of producers from properly returning to its members, on a patronage
basis, its excess earnings on their livestock); nor shall a licensee extend to
any person at such public livestock market or special open consignment horse
sale any stockyard services except such as are specified in such schedule.
Sec. 71. RCW 16.65.200 and 1983 c 298 s 13 are each amended to read as follows:
Before
the license is issued to operate a public livestock market or special open
consignment horse sale, the applicant shall execute and deliver to the ((director))
livestock identification board a surety bond in a sum as herein provided
for, executed by the applicant as principal and by a surety company qualified
and authorized to do business in this state as surety. ((Said)) The
bond shall be a standard form and approved by the ((director)) board
as to terms and conditions. ((Said)) The bond shall be
conditioned that the principal will not commit any fraudulent act and will
comply with the provisions of this chapter and the rules ((and/or
regulations)) adopted hereunder. ((Said)) The bond shall be
to the state in favor of every consignor and/or vendor creditor whose livestock
was handled or sold through or at the licensee's public livestock market or
special open consignment horse sale: PROVIDED, That if such applicant is
bonded as a market agency under the provisions of the packers and stockyards
act, (7 U.S.C. 181) as amended, on March 20, 1961, in a sum equal to or greater
than the sum required under the provisions of this chapter, and such applicant
furnishes the ((director)) board with a bond approved by the
United States secretary of agriculture ((naming the department as trustee)),
the ((director)) board may accept such bond and its method of
termination in lieu of the bond provided for herein and issue a license if such
applicant meets all the other requirements of this chapter.
The
total and aggregate liability of the surety for all claims upon the bond shall
be limited to the face of such bond. Every bond filed with and approved by the
((director)) board shall, without the necessity of periodic
renewal, remain in force and effect until such time as the license of the
licensee is revoked for cause or otherwise canceled. The surety on a bond, as
provided herein, shall be released and discharged from all liability to the
state accruing on such bond upon compliance with the provisions of RCW
19.72.110 concerning notice and proof of service, as enacted or hereafter
amended, but this shall not operate to relieve, release or discharge the surety
from any liability already accrued or which shall accrue (due and to become due
hereunder) before the expiration period provided for in RCW 19.72.110
concerning notice and proof of service as enacted or hereafter amended, and
unless the principal shall before the expiration of such period, file a new
bond, the ((director)) board shall forthwith cancel the
principal's license.
Sec. 72. RCW 16.65.220 and 1971 ex.s. c 192 s 7 are each amended to read as follows:
If
the application for a license to operate a public livestock market is from a
new public livestock market which has not operated in the past twelve-month
period, the ((director)) livestock identification board shall
determine a bond, in a reasonable sum, that the applicant shall execute in
favor of the state, which shall not be less than ten thousand dollars nor
greater than twenty-five thousand dollars: PROVIDED, That the ((director))
board may at any time, upon written notice, review the licensee's
operations and determine whether, because of increased or decreased sales, the
amount of the bond should be altered.
Sec. 73. RCW 16.65.235 and 1973 c 142 s 3 are each amended to read as follows:
In
lieu of the surety bond required under the provisions of this chapter, an
applicant or licensee may file with the ((director)) livestock
identification board a deposit consisting of cash or other security
acceptable to the ((director)) board. The ((director)) board
may adopt rules ((and regulations)) necessary for the administration of
such security.
Sec. 74. RCW 16.65.250 and 1959 c 107 s 25 are each amended to read as follows:
The
((director)) livestock identification board or any vendor or
consignor creditor may also bring action upon ((said)) the bond
against both principal and surety in any court of competent jurisdiction to
recover the damages caused by any failure to comply with the provisions of this
chapter and the rules ((and/or regulations)) adopted hereunder.
Sec. 75. RCW 16.65.260 and 1983 c 298 s 14 are each amended to read as follows:
In
case of failure by a licensee to pay amounts due a vendor or consignor creditor
whose livestock was handled or sold through or at the licensee's public
livestock market or special open consignment horse sale, as evidenced by a
verified complaint filed with the ((director)) livestock
identification board, the ((director)) board may proceed
forthwith to ascertain the names and addresses of all vendor or consignor
creditors of such licensee, together with the amounts due and owing to them and
each of them by such licensee, and shall request all such vendor and consignor
creditors to file a verified statement of their respective claims with the ((director))
board. Such request shall be addressed to each known vendor or
consignor creditor at his or her last known address.
Sec. 76. RCW 16.65.270 and 1959 c 107 s 27 are each amended to read as follows:
If
a vendor or consignor creditor so addressed fails, refuses or neglects to file
in the office of the ((director his)) livestock identification board
a verified claim as requested by the ((director)) board
within sixty days from the date of such request, the ((director)) board
shall thereupon be relieved of further duty or action hereunder on behalf of ((said))
the producer or consignor creditor.
Sec. 77. RCW 16.65.280 and 1959 c 107 s 28 are each amended to read as follows:
Where
by reason of the absence of records, or other circumstances making it
impossible or unreasonable for the ((director)) livestock
identification board to ascertain the names and addresses of all ((said))
the vendor and consignor creditors, the ((director)) board,
after exerting due diligence and making reasonable inquiry to secure ((said))
the information from all reasonable and available sources, may make
demand on ((said)) the bond on the basis of information then in
((his)) its possession, and thereafter shall not be liable or
responsible for claims or the handling of claims which may subsequently appear
or be discovered.
Sec. 78. RCW 16.65.290 and 1959 c 107 s 29 are each amended to read as follows:
Upon
ascertaining all claims and statements in the manner herein set forth, the ((director))
livestock identification board may then make demand upon the bond on
behalf of those claimants whose statements have been filed, and shall have the
power to settle or compromise ((said)) the claims with the surety
company on the bond, and is empowered in such cases to execute and deliver a
release and discharge of the bond involved.
Sec. 79. RCW 16.65.300 and 1959 c 107 s 30 are each amended to read as follows:
Upon
the refusal of the surety company to pay the demand, the ((director)) livestock
identification board may thereupon bring an action on the bond in behalf of
((said)) the vendor and consignor creditors. Upon any action
being commenced on ((said)) the bond, the ((director)) board
may require the filing of a new bond. Immediately upon the recovery in any
action on such bond such licensee shall file a new bond. Upon failure to file
the same within ten days, in either case, such failure shall constitute grounds
for the suspension or revocation of his or her license.
Sec. 80. RCW 16.65.310 and 1959 c 107 s 31 are each amended to read as follows:
In
any settlement or compromise by the ((director)) livestock
identification board with a surety company as provided in RCW 16.65.290,
where there are two or more consignor and/or vendor creditors that have filed
claims, either fixed or contingent, against a licensee's bond, such creditors
shall share pro rata in the proceeds of the bond to the extent of their actual
damage: PROVIDED, That the claims of the state and the ((department)) board
which may accrue from the conduct of the licensee's public livestock market
shall have priority over all other claims.
Sec. 81. RCW 16.65.320 and 1985 c 415 s 10 are each amended to read as follows:
For
the purpose of enforcing the provisions of this chapter, the ((director))
livestock identification board on the ((director's)) board's
own motion or upon the verified complaint of any vendor or consignor against
any licensee, or agent, or any person assuming or attempting to act as such,
shall have full authority to make any and all necessary investigations. The ((director))
board is empowered to administer oaths of verification of such
complaints.
Sec. 82. RCW 16.65.330 and 1959 c 107 s 33 are each amended to read as follows:
For
the purpose of making investigations as provided for in RCW 16.65.320, the ((director))
livestock identification board may enter a public livestock market and
examine any records required under the provisions of this chapter. The ((director))
board shall have full authority to issue subpoenas requiring the
attendance of witnesses before ((him)) it, together with all
books, memorandums, papers, and other documents relative to the matters under
investigation, and to administer oaths and take testimony thereunder.
Sec. 83. RCW 16.65.340 and 1967 c 192 s 2 are each amended to read as follows:
The
((director)) livestock identification board shall, when livestock
is sold, traded, exchanged or handled at or through a public livestock market,
require such testing, treating, identifying, examining and record keeping of
such livestock by a ((deputy)) state licensed and accredited
veterinarian employed by the market as in the ((director's)) board's
judgment may be necessary to prevent the spread of brucellosis, tuberculosis,
paratuberculosis, ((hog cholera)) pseudorabies, or any other
infectious, contagious or communicable disease among the livestock of this
state. The state veterinarian or his or her authorized representative may
conduct additional testing and examinations for the same purpose.
Sec. 84. RCW 16.65.350 and 1959 c 107 s 35 are each amended to read as follows:
(((1)))
The director of the department of agriculture shall ((perform all
tests and make all examinations required under the provisions of this chapter
and rules and regulations adopted hereunder: PROVIDED, That veterinary
inspectors of the United States department of agriculture may be appointed by
the director to make such examinations and tests as are provided for in this
chapter without bond or compensation, and shall have the same authority and
power in this state as a deputy state veterinarian.
(2)
The director shall have the responsibility for the direction and control of)) adopt
rules regarding sanitary practices and health practices and standards and
for the examination of animals at public livestock markets. ((The deputy
state veterinarian at any such public livestock market shall notify the
licensee or his managing agent, in writing, of insanitary practices or
conditions. Such deputy state veterinarian shall notify the director if the
improper sanitary practices or conditions are not corrected within the time specified.
The director shall investigate and upon finding such report correct shall take
appropriate action to hold a hearing on the suspension or revocation of the
licensee's license.))
Sec. 85. RCW 16.65.360 and 1959 c 107 s 36 are each amended to read as follows:
Licensees shall provide facilities and sanitation for the prevention of livestock diseases at their public livestock markets, as follows:
(1)
The floors of all pens and alleys that are part of a public livestock market
shall be constructed of concrete or similar impervious material and kept in
good repair, with a slope of not less than one-fourth inch per foot to adequate
drains leading to an approved sewage system: PROVIDED, That the ((director))
livestock identification board may designate certain pens within such
public livestock markets as feeding and holding pens and the floors and alleys
of such pens shall not be subject to the aforementioned surfacing requirements.
(2) Feeding and holding pens maintained in an area adjacent to a public livestock market shall be constructed and separated from such public livestock market, in a manner prescribed by the director of agriculture, in order to prevent the spread of communicable diseases to the livestock sold or held for sale in such public livestock market.
(3) All yards, chutes and pens used in handling livestock shall be constructed of such materials which will render them easily cleaned and disinfected, and such yards, pens and chutes shall be kept clean, sanitary and in good repair at all times, as required by the director of agriculture.
(4) Sufficient calf pens of adequate size to prevent overcrowding shall be provided, and such pens, when used, shall be cleaned and disinfected no later than the day subsequent to each sale.
(5) All swine pens, when used, shall be cleaned and disinfected no later than the day subsequent to each sale.
(6) A water system carrying a pressure of forty pounds and supplying sufficient water to thoroughly wash all pens, floors, alleys and equipment shall be provided.
(7) Sufficient quarantine pens of adequate capacity shall be provided. Such pens shall be used to hold only cattle reacting to brucellosis and tuberculosis or to quarantine livestock with other contagious or communicable diseases and shall be:
(a) hard surfaced with concrete or similar impervious material and shall be kept in good repair;
(b) provided with separate watering facilities;
(c) painted white with the word "quarantine" painted in red letters not less than four inches high on such quarantine pen's gate;
(d) provided with a tight board fence not less than five and one-half feet high;
(e) cleaned and disinfected not later than one day subsequent to the date of sale.
To prevent the spread of communicable diseases among livestock, the director of agriculture shall have the authority to cause the cleaning and disinfecting of any area or all areas of a public livestock market and equipment or vehicles with a complete coverage of disinfectants approved by the director.
Sec. 86. RCW 16.65.420 and 1991 c 17 s 3 are each amended to read as follows:
(1)
Any application for sales days or days for a new salesyard, and any application
for a change of sales day or days or additional sales day or days for an
existing yard shall be subject to approval by the ((director)) livestock
identification board, subsequent to a hearing as provided for in this
chapter and the ((director)) board is hereby authorized to
allocate these dates and type and class of livestock which may be sold on these
dates. In considering the allocation of such sales days, the ((director))
board shall give appropriate consideration, among other relevant
factors, to the following:
(a) The geographical area which will be affected;
(b) The conflict, if any, with sales days already allocated in the area;
(c) The amount and class of livestock available for marketing in the area;
(d) Buyers available to such market;
(e) Any other conditions affecting the orderly marketing of livestock.
(2)
No special sales shall be conducted by the licensee unless the licensee has
applied to the ((director)) board in writing fifteen days prior
to such proposed sale and such sale date shall be approved at the discretion of
the ((director)) board.
(3)
In any case that a licensee fails to conduct sales on the sales days allocated
to the licensee, the ((director)) board shall, subsequent to a
hearing, be authorized to revoke an allocation for nonuse. The rate of usage
required to maintain an allocation shall be established by rule.
Sec. 87. RCW 16.65.422 and 1963 c 232 s 17 are each amended to read as follows:
A
producer of purebred livestock may, upon obtaining a permit from the ((director))
livestock identification board, conduct a public sale of the purebred
livestock on an occasional or seasonal basis on premises other than his or
her own farm. Application for such special sale shall be in writing to the
((director)) board for ((his)) its approval at
least fifteen days before the proposed public sale is scheduled to be held by
such producer.
Sec. 88. RCW 16.65.423 and 1983 c 298 s 16 are each amended to read as follows:
The
((director)) livestock identification board shall have the
authority to issue a public livestock market license pursuant to the provisions
of this chapter limited to the sale of horses and/or mules and to allocate a
sales day or days to such licensee. The ((director)) board is
hereby authorized and directed to adopt ((regulations)) rules for
facilities and sanitation applicable to such a license. The facility
requirements of RCW 16.65.360 shall not be applicable to such licensee's
operation as provided for in this section.
Sec. 89. RCW 16.65.424 and 1963 c 232 s 19 are each amended to read as follows:
The
((director)) livestock identification board shall have the
authority to grant a licensee an additional sales day or days limited to the
sale of horses and/or mules and may if requested grant the licensee, by permit,
the authority to have the sale at premises other than at his or her
public livestock market if the facilities are approved by the ((director))
board as being adequate for the protection of the health and safety of
such horses and/or mules. For the purpose of such limited sale the facility
requirements of RCW 16.65.360 shall not be applicable.
Sec. 90. RCW 16.65.445 and 1989 c 175 s 55 are each amended to read as follows:
The ((director)) livestock identification board shall
hold public hearings upon a proposal to promulgate any new or amended ((regulations))
rules and all hearings for the denial, revocation, or suspension of a
license issued under this chapter or in any other adjudicative proceeding, and
shall comply in all respects with chapter 34.05 RCW, the Administrative
Procedure Act.
Sec. 91. RCW 16.65.450 and 1991 c 17 s 4 are each amended to read as follows:
Any
licensee or applicant who feels aggrieved by an order of the ((director))
livestock identification board may appeal to the superior court of the
county in the state of Washington of the residence of the licensee or applicant
where the trial on such appeal shall be held de novo.
Sec. 92. RCW 16.04.025 and 1989 c 286 s 21 are each amended to read as follows:
If
the owner or the person having in charge or possession such animals is unknown
to the person sustaining the damage, the person retaining such animals shall,
within twenty-four hours, notify the county sheriff or the nearest state brand
inspector as to the number, description, and location of the animals. The
county sheriff or brand inspector shall examine the animals by brand, tattoo,
or other identifying characteristics and attempt to ascertain ownership. If
the animal is marked with a brand or tattoo which is registered with the ((director
of agriculture)) livestock identification board, the brand inspector
or county sheriff shall furnish this information and other pertinent
information to the person holding the animals who in turn shall send the notice
required in RCW 16.04.020 to the animals' owner of record by certified mail.
If the county sheriff or the brand inspector determines that there is no apparent damage to the property of the person retaining the animals, or if the person sustaining the damage contacts the county sheriff or brand inspector to have the animals removed from his or her property, such animals shall be removed in accordance with chapter 16.24 RCW. Such removal shall not prejudice the property owner's ability to recover damages through civil suit.
Sec. 93. RCW 41.06.070 and 1996 c 319 s 3, 1996 c 288 s 33, and 1996 c 186 s 109 are each reenacted and amended to read as follows:
(1) The provisions of this chapter do not apply to:
(a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, joint legislative audit and review committee, statute law committee, and any interim committee of the legislature;
(b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;
(c) Officers, academic personnel, and employees of technical colleges;
(d) The officers of the Washington state patrol;
(e) Elective officers of the state;
(f) The chief executive officer of each agency;
(g) In the departments of employment security and social and health services, the director and the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;
(h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:
(i) All members of such boards, commissions, or committees;
(ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: The secretary of the board, commission, or committee; the chief executive officer of the board, commission, or committee; and the confidential secretary of the chief executive officer of the board, commission, or committee;
(iii) If the members of the board, commission, or committee serve on a full-time basis: The chief executive officer or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair of the board, commission, or committee;
(iv) If all members of the board, commission, or committee serve ex officio: The chief executive officer; and the confidential secretary of such chief executive officer;
(i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;
(j) Assistant attorneys general;
(k) Commissioned and enlisted personnel in the military service of the state;
(l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board;
(m) The public printer or to any employees of or positions in the state printing plant;
(n) Officers and employees of the Washington state fruit commission;
(o) Officers and employees of the Washington state apple advertising commission;
(p) Officers and employees of the Washington state dairy products commission;
(q) Officers and employees of the Washington tree fruit research commission;
(r) Officers and employees of the Washington state beef commission;
(s) Officers and employees of any commission formed under chapter 15.66 RCW;
(t) Officers and employees of the state wheat commission formed under chapter 15.63 RCW;
(u) Officers and employees of agricultural commissions formed under chapter 15.65 RCW;
(v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;
(w) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;
(x) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;
(y) All employees of the marine employees' commission;
(z) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection (1)(z) shall expire on June 30, 1997;
(aa) Staff employed by the department of community, trade, and economic development to administer energy policy functions and manage energy site evaluation council activities under RCW 43.21F.045(2)(m);
(bb) Staff employed by Washington State University to administer energy education, applied research, and technology transfer programs under RCW 43.21F.045 as provided in RCW 28B.30.900(5);
(cc) Officers and employees of the livestock identification board created under RCW 16.57.015.
(2) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:
(a) Members of the governing board of each institution of higher education and related boards, all presidents, vice-presidents, and their confidential secretaries, administrative, and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington;
(b) Student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board, employed by institutions of higher education and related boards;
(c) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training as determined by the board: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the board under this provision;
(d) Printing craft employees in the department of printing at the University of Washington.
(3) In addition to the exemptions specifically provided by this chapter, the Washington personnel resources board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the Washington personnel resources board stating the reasons for requesting such exemptions. The Washington personnel resources board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the Washington personnel resources board shall grant the request and such determination shall be final as to any decision made before July 1, 1993. The total number of additional exemptions permitted under this subsection shall not exceed one percent of the number of employees in the classified service not including employees of institutions of higher education and related boards for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The Washington personnel resources board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted under subsections (1)(w) and (x) and (2) of this section, together with the reasons for such exemptions.
The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (1)(j) through (v), (y), (z), and (2) of this section, shall be determined by the Washington personnel resources board. However, beginning with changes proposed for the 1997-99 fiscal biennium, changes to the classification plan affecting exempt salaries must meet the same provisions for classified salary increases resulting from adjustments to the classification plan as outlined in RCW 41.06.152.
Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.
NEW SECTION. Sec. 94. A new section is added to chapter 42.17 RCW to read as follows:
Financial statements provided under RCW 16.65.030(1)(d) are exempt from disclosure under this chapter.
Sec. 95. RCW 43.23.230 and 1988 c 254 s 1 are each amended to read as follows:
The agricultural local fund is hereby established in the custody of the state treasurer. The fund shall consist of such money as is directed by law for deposit in the fund, and such other money not subject to appropriation that the department authorizes to be deposited in the fund. Any money deposited in the fund, the use of which has been restricted by law, may only be expended in accordance with those restrictions. Except as provided in section 3 of this act, the department may make disbursements from the fund. The fund is not subject to legislative appropriation.
NEW SECTION. Sec. 96. (1) On the effective date of this section, all powers, duties, and functions of the department of agriculture under chapters 16.57, 16.58, and 16.65 RCW except those identified as remaining with the department in RCW 16.65.350 and 16.65.360 are transferred to the livestock identification board. The authority to adopt rules regarding those powers, duties, and functions is transferred to the livestock identification board and the administration of those powers, duties, and functions is transferred to the board.
(2)(a) All funds, credits, or other assets, including but not limited to those in the agricultural local fund, held by the department of agriculture in connection with the powers, functions, and duties transferred shall be assigned to the board.
(b) At any time after June 30, 2004, and at the conclusion of a contract under which the department of agriculture conducts by contract activities for the livestock identification board, the board may request the transfer and the department shall, upon such a request, transfer to the custody of the board all reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of agriculture pertaining to the functions performed by contract by the department for the board and all cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department to perform such duties on behalf of the board.
(c) Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules of the department of agriculture adopted under chapter 16.57 RCW in effect on the effective date of this section, all rules adopted by the department under chapter 16.58 RCW in effect on the effective date of this section, and all rules adopted by the department under chapter 16.65 RCW, except for those adopted under the authorities retained by the department under RCW 16.65.350 and 16.65.360, in effect on the effective date of this section are, on the effective date of this section, rules of the livestock identification board. All proposed rules and all pending business before the department of agriculture pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the board. All existing contracts and obligations shall remain in full force and shall be performed by the board. All registrations made with the department under chapter 16.57 RCW, all licenses issued by the department under chapter 16.58 RCW, and all licenses issued by the department under chapter 16.65 RCW before the effective date of this section shall be considered to be registrations with and licenses issued by the board.
(4) The transfer of the powers, duties, and functions of the department of agriculture shall not affect the validity of any act performed before the effective date of this section. The board shall take action to enforce against violations of chapters 16.57, 16.58, and 16.65 RCW and rules adopted thereunder regarding authorities transferred to the board by this act which occurred before the effective date of this section and for which enforcement is not taken by the department before the effective date of this section with the same force and effect as it may take actions to enforce chapters 16.57 and 16.58 RCW and rules adopted thereunder after the effective date of this section. Any enforcement action taken by the department of agriculture under chapter 16.57, 16.58, or 16.65 RCW regarding authorities transferred to the board by this act, or the rules adopted thereunder and not concluded before the effective date of this section, shall be continued in the name of the board.
(5) As used in this section "livestock identification board" and "board" means the board created under RCW 16.57.015.
NEW SECTION. Sec. 97. (1) The following acts or parts of acts are each repealed:
(a) 1997 c 356 s 3;
(b) 1997 c 356 s 5;
(c) 1997 c 356 s 9;
(d) 1997 c 356 s 11;
(e) RCW 16.57.380 and 1991 c 110 s 8, 1981 c 296 s 22, & 1974 ex.s. c 38 s 1; and
(f) RCW 16.65.110 and 1959 c 107 s 11.
(2) This section is null and void unless subsections (1) through (5) of section 2 of this act and section 96 of this act become law.
NEW SECTION. Sec. 98. This act takes effect July 1, 1998, except that appointments may be made by the governor and proposed contracts may be developed under RCW 16.57.015 prior to July 1, 1998, to provide for an orderly transition of authority under this act.
NEW SECTION. Sec. 99. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void."
Correct the title.
--- END ---