6204-S AAS 2/17/98 S4975.2
SSB 6204 - S AMD - 779
By Senator Morton
ADOPTED 2/17/98
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)))
(3) "Livestock" includes, but is not limited to, horses,
mules, cattle, sheep, swine, goats, poultry and rabbits.
(((5)))
(4) "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)))
(5) "Production record brand" means a number brand which shall
be used for production identification purposes only.
(((7)))
(6) "((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)))
(7) "Individual identification symbol" means a permanent mark
placed on ((a horse)) livestock for the purpose of individually
identifying and registering the ((horse)) livestock and which has
been approved for use as such by the ((director)) board.
(((9)))
(8) "Registering agency" means any person issuing an
individual identification symbol for the purpose of individually identifying
and registering ((a horse)) livestock.
(((10)))
(9) "Poultry" means chickens, turkeys, ratites, and other
domesticated fowl.
(((11)))
(10) "Ratite" means, but is not limited to, ostrich, emu,
rhea, or other flightless bird used for human consumption, whether live or
slaughtered.
(((12)))
(11) "Ratite farming" means breeding, raising, and rearing of
an ostrich, emu, or rhea in captivity or an enclosure.
(((13)))
(12) "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.
(13) "Livestock identification board" or "board" means the body of five members appointed by the governor that includes one beef producer, one cattle feeder, one dairy producer, one livestock market owner, and one horse producer.
(14) "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.
(15) "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.
(16) "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 five members appointed by the governor and includes one beef
producer, one cattle feeder, one dairy producer, one livestock market owner,
and one horse producer. Organizations representing these groups 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 two members shall be appointed for three years, thereafter members
shall be appointed for a three-year term. Members may succeed themselves.
(2) The board shall be responsible for the administration of the livestock identification program which includes the review and registration of brands, approval of all expenditures from the livestock identification account, administration of the inspection and enforcement activities including the employment of personnel, fee setting, and holding hearings and adopting rules for the administration of the livestock identification program.
(3) The board may contract with the department for registration and for livestock inspection or investigation work and fix the compensation and terms of the contract. 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. The board may adopt rules necessary to implement livestock inspection performed on a contract basis and may adopt fees to cover the cost associated with such certification.
(4) The board may contract with county sheriffs to provide for additional livestock identification investigators.
(5) The board shall provide for a centralized location that is equally accessible from all parts of the state.
(6) The board may receive gifts, grants, endowments, or free or low-cost office space from public or private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of chapter . . ., Laws of 1998 (this act), and spend gifts, grants, endowments, income, or free or low-cost office space from the public or private sources according to their terms, unless the receipt of the gifts, grants, endowments, or free or low-cost office space violates RCW 42.17.710.
(7) 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.
NEW SECTION. Sec. 3. A new section is added to chapter 16.57 RCW to read as follows:
It is the duty of the state patrol to check for a valid inspection certificate or other appropriate proof of ownership for all nonresident livestock at established ports of entry between this state and any other state or country.
The sheriff of each county of this state shall make the investigation and enforcement of livestock theft a high priority and investigate all complaints of these crimes as soon as practicable.
NEW SECTION. Sec. 4. 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 custody of the state treasurer into which all moneys collected or received from registration, inspection, or enforcement under this chapter and chapter 16.58 RCW and moneys collected or received by the board under chapter 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. 5. RCW 16.57.020 and 1994 c 46 s 7 are each amended to read as follows:
The
((director)) board shall be the ((recorder)) registrar
of livestock brands and such brands shall not be ((recorded)) registered
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)) registration
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)) register
such brand. The brand registration is valid for five years.
The director of agriculture may be designated by the board as the registrar of livestock brands. The registration 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.
Sec. 6. RCW 16.57.030 and 1959 c 54 s 3 are each amended to read as follows:
The
((director)) board shall not ((record)) register
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. 7. 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. 8. 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. 9. 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.)) The initial issuance of a registered brand shall be
accompanied by a notice indicating the term of the brand registration. The
board may register a brand for less than five years in order to stagger the
number of renewals in any one year to provide for an orderly and manageable
workload. The fee for a brand registration issued for a term of less than five
years shall be prorated accordingly. The fee for renewal of ((the))
a registered brand((s shall be no less than twenty-five dollars for
each two-year period of brand ownership, except that the director may, in
adopting a renewal schedule, provide for the collection of renewal fees on a
prorated basis and may by rule increase the registration and renewal fee for
brands by no more than fifty percent subsequent to a hearing under chapter
34.05 RCW and in conformance with RCW 16.57.015)) is seventy dollars.
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 registration 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 fifteen
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.
NEW SECTION. Sec. 10. A one-time brand registration fee of seventy dollars is due from all owners of registered brands not due for renewal in 1998.
Sec. 11. 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. 12. 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))
registration or a certified copy of the ((record)) registration
of such brand showing that it is of present ((record)) registration.
A healed registered 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. 13. RCW 16.57.105 and 1967 c 240 s 38 are each amended to read as follows:
Any
person having a brand ((recorded)) registered 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. 14. 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. 15. RCW 16.57.120 and 1991 c 110 s 2 are each amended to read as follows:
No
person shall remove or alter a registered 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. 16. RCW 16.57.130 and 1959 c 54 s 13 are each amended to read as follows:
The
((director)) board shall not ((record)) register a
brand that is identical to a registered brand ((of present record));
nor a brand so similar to a registered brand ((of present record))
that it will be difficult to distinguish between such brands when applied to
livestock.
Sec. 17. RCW 16.57.140 and 1994 c 46 s 18 are each amended to read as follows:
The
owner of a registered brand ((of record)) may procure from the ((director))
board a certified copy of the ((record)) registration 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. 18. 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 registered
brands ((of record)). Such book shall contain the name and address of
the owners of registered brands ((of record)) and a copy of the
brand laws and regulations. Supplements to such brand book showing newly ((recorded))
registered 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. The board may collect moneys to
recover reasonable costs of publishing and distributing copies of the brand
book.
Sec. 19. RCW 16.57.160 and 1991 c 110 s 3 are each amended to read as follows:
(1)
Except as provided in subsection (2) of this section, the ((director))
board may by rule adopted subsequent to a public hearing designate any
point for mandatory ((brand)) livestock inspection of cattle or
the furnishing of proof that cattle passing or being transported through such
points have been ((brand)) livestock inspected and are lawfully
being moved. Further, the ((director)) board may stop vehicles
carrying cattle to determine if such cattle are identified, branded, or
accompanied by the form prescribed by the ((director)) board
under ((RCW 16.57.240)) section 28 of this act or a brand
certificate issued by the ((department)) board.
(2) Inspection shall not be required for any individual private sale of any unbranded dairy breed milk production cattle involving fifteen head or less.
Sec. 20. 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. 21. 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. 22. 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. 23. 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)) inspected readily visible and shall cooperate
with the ((director)) board to carry out such ((brand)) livestock
inspection in a safe and expeditious manner.
Sec. 24. 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. 25. RCW 16.57.220 and 1997 c 356 s 2 are each amended to read as follows:
The
((director shall)) livestock identification board, upon unanimous
vote, may 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. ((The fees for brand inspection performed at inspection
points according to schedules established by the director 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 or not in accord with the schedules established by the director))
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.
Sec. 26. 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 by the board.
Sec. 27. 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.)) The board may issue certificate of permit
forms to any person on payment of a fee established by rule.
(3) Inspection certificates, self-inspection certificates, or other satisfactory proof of ownership shall be kept by either the owner, or the person in possession of any cattle or horses, or both, and shall be furnished to the board or any peace officer upon demand.
NEW SECTION. Sec. 28. A new section is added to chapter 16.57 RCW to read as follows:
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:
(1) When the cattle are moved or transported upon lands under the exclusive control of the person moving or transporting the cattle; or
(2) 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.
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. 29. 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. 30. 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. 31. 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)) board within ten days
of ((said)) transportation.
Sec. 32. 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)) registered brand or tattoo of another person unless:
(1)
Such livestock lawfully bears the person's own healed ((recorded)) registered
brand; or
(2)
Such livestock is accompanied by a certificate of permit from the owner of the
((recorded)) registered 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. 33. 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)) that are not
accompanied by a certificate of permit, inspection certificate, or
self-inspection certificate, or other satisfactory proof of ownership when
presented for inspection by the ((director)) board, shall be sold
by the ((director or the director's representative, unless other
satisfactory proof of ownership is presented showing the person presenting them
to be lawfully in possession)) board. Upon the sale of ((such))
the cattle or horses, the ((director or the director's representative))
board shall give the purchasers ((a bill of sale therefor)) an
official inspection certificate for the cattle or horses, or, if theft is
suspected, the cattle or horses may be impounded by the ((director or the
director's representative)) board.
Sec. 34. 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. 35. 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 ((recorded))
or her registered 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. 36. 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)) registered brand.
However, it shall be a gross misdemeanor for the owner of the ((recorded))
registered 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. 37. 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. 38. 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. 39. 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. 40. 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. 41. 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. 42. RCW 16.57.380 and 1991 c 110 s 8 are each amended to read as follows:
The ((director)) board may by rule adopted subsequent
to a public hearing designate any point for mandatory ((brand)) livestock
inspection of horses or the furnishing of proof that horses passing or being
transported through such points have been ((brand)) livestock
inspected and are lawfully being moved. Further, the ((director)) board
may stop vehicles carrying horses to determine if such horses are identified or
branded.
Sec. 43. 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)) livestock identification certificates or other means of
((horse and cattle)) livestock identification deemed
appropriate. Such certificates or other means of identification shall be valid
only for the use of the ((horse and cattle)) livestock owner in
whose name it is issued.
((Horses
and cattle)) Livestock 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. 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. 44. 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)) livestock.
Sec. 45. 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)) livestock
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)) registration
for each individual identification symbol. The ((record)) registration
shall include, but need not be limited to, the name, address, and phone number
of the ((horse)) livestock owner and a general description of the
((horse)) livestock. A copy of each permanent ((record)) registration
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)) livestock
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. 46. 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. 47. 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. 48. 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. 49. 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. 50. 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)) two hundred 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 before the board issues an original license.
Sec. 51. 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. 52. 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. 53. 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. 54. 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. 55. RCW 16.58.100 and 1979 c 81 s 3 are each amended to read as follows:
The
((director shall each year)) livestock identification board may
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. 56. RCW 16.58.110 and 1991 c 109 s 12 are each amended to read as follows:
All
certified feed lots shall ((furnish)) make available to the ((director
with)) livestock identification board 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. 57. 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. 58. 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. 59. 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. 60. 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. 61. 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) "Livestock" includes horses, mules, burros, cattle, sheep, swine, and goats.
(6) "Livestock identification board" or "board" means the board created in RCW 16.57.015.
(7) "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)))
(8) "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)))
(9) "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)))
(10) "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)))
(11) "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. 62. RCW 16.65.050 and 1959 c 107 s 5 are each amended to read as follows:
All
fees provided for under this chapter shall be ((retained)) deposited
by the director in an account in the agricultural local fund for the
purpose of enforcing this chapter, except that fees collected under RCW
16.65.090 and 16.65.100 shall be deposited in the livestock identification
account created under section 4 of this act.
Sec. 63. 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, as provided by law,)) board 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 inspection do not exceed ninety
dollars, then such licensee shall pay ninety dollars for such brand inspection
or as much thereof as the director may prescribe)) as provided in RCW
16.57.220.
Sec. 64. 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. 65. RCW 16.65.110 and 1959 c 107 s 11 are each amended to read as follows:
The
director of agriculture shall cause a charge to be made for any examining,
testing, treating, or inoculation required by this chapter and rules ((and
regulations)) adopted hereunder. Such charge shall be paid by the licensee
to the department of agriculture and such charge shall include the cost
of the required drugs and a fee no larger than two dollars nor less than fifty
cents for administration of such drugs to each animal and such fee shall be set
at the discretion of the director. However, if the total fees payable to the
department for such examining, testing, treating or inoculation do not exceed
the actual cost to the department for such examining, testing, treating, or
inoculation, or ten dollars (whichever is greater), the director shall require
the licensee to pay the actual cost of such examining, testing, treating, or
inoculation, or ten dollars (whichever is greater), to the department.
Sec. 66. 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' registered 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. 67. 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. 68. (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 16.65.110, 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) 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 16.65.110, 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. 69. A new section is added to chapter 16.49 RCW to read as follows:
There shall be a fee of one dollar per head imposed on all cattle or horses slaughtered by a custom slaughtering establishment, custom farm slaughterer, or custom meat facility licensed under this chapter. The fee shall be collected by the slaughterer and provided to the livestock identification board for deposit into the livestock identification account created under section 4 of this act.
NEW SECTION. Sec. 70. A new section is added to chapter 16.65 RCW to read as follows:
There shall be a fee of one dollar per head collected by the licensee from the seller of any cattle or horses sold to a nonresident buyer or a buyer taking such livestock out of state for slaughter within thirty days. The fee shall be provided to the livestock identification board for deposit into the livestock identification account created under section 4 of this act.
NEW SECTION. Sec. 71. A new section is added to chapter 16.49 RCW to read as follows:
There shall be a fee of one dollar per head imposed on all cattle or horses slaughtered at a slaughter plant where the United States department of agriculture maintains meat inspection. The fee shall be remitted by the slaughterer to the livestock identification board for deposit into the livestock identification account created under section 4 of this act.
NEW SECTION. Sec. 72. The following acts or parts of acts are each repealed:
(1) 1997 c 356 s 3;
(2) 1997 c 356 s 5;
(3) 1997 c 356 s 9;
(4) 1997 c 356 s 11; and
(5) RCW 16.58.130 and 1997 c 356 s 7, 1997 c 356 s 6, 1994 c 46 s 24, 1994 c 46 s 15, 1993 c 354 s 4, 1991 c 109 s 14, 1979 c 81 s 4, & 1971 ex.s. c 181 s 13.
NEW SECTION. Sec. 73. 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."
SSB 6204 - S AMD - 779
By Senator Morton
ADOPTED 2/17/98
On page 1, line 1 of the title, after "identification;" strike the remainder of the title and insert "amending RCW 16.57.010, 16.57.015, 16.57.020, 16.57.030, 16.57.040, 16.57.070, 16.57.080, 16.57.090, 16.57.100, 16.57.105, 16.57.110, 16.57.120, 16.57.130, 16.57.140, 16.57.150, 16.57.160, 16.57.165, 16.57.170, 16.57.180, 16.57.200, 16.57.210, 16.57.220, 16.57.230, 16.57.240, 16.57.260, 16.57.270, 16.57.275, 16.57.280, 16.57.290, 16.57.300, 16.57.310, 16.57.320, 16.57.330, 16.57.340, 16.57.350, 16.57.360, 16.57.370, 16.57.380, 16.57.400, 16.57.407, 16.57.410, 16.57.420, 16.58.020, 16.58.030, 16.58.040, 16.58.050, 16.58.060, 16.58.070, 16.58.080, 16.58.095, 16.58.100, 16.58.110, 16.58.120, 16.58.140, 16.58.150, 16.58.160, 16.65.010, 16.65.050, 16.65.090, 16.65.100, 16.65.110, and 16.04.025; reenacting and amending RCW 41.06.070; adding new sections to chapter 16.57 RCW; adding new sections to chapter 16.49 RCW; adding a new section to chapter 16.65 RCW; creating new sections; repealing RCW 16.58.130; repealing 1997 c 356 s 3; repealing 1997 c 356 s 5; repealing 1997 c 356 s 9; repealing 1997 c 356 s 11; prescribing penalties; and providing an effective date."
--- END ---