BILL REQ. #: S-0082.3
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 02/18/2003. Referred to Committee on Agriculture.
AN ACT Relating to livestock identification; amending RCW 16.57.010, 16.57.015, 16.57.020, 16.57.023, 16.57.025, 16.57.030, 16.57.040, 16.57.050, 16.57.080, 16.57.090, 16.57.100, 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, 16.57.360, 16.57.370, 16.57.400, 16.57.410, 16.65.010, 16.65.015, 16.65.020, 16.65.030, 16.65.037, 16.65.040, 16.65.042, 16.65.050, 16.65.080, 16.65.090, 16.65.100, 16.65.140, 16.65.170, 16.65.190, 16.65.200, 16.65.235, 16.65.260, 16.65.270, 16.65.280, 16.65.300, 16.65.340, 16.65.350, 16.65.380, 16.65.390, 16.65.400, 16.65.420, 16.65.424, 16.65.440, and 16.65.445; adding new sections to chapter 16.57 RCW; adding a new section to chapter 16.65 RCW; adding a new section to chapter 42.17 RCW; repealing RCW 16.58.010, 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, 16.58.130, 16.58.140, 16.58.150, 16.58.160, 16.58.170, 16.58.900, 16.58.910, 16.65.110, 16.65.422, 16.65.423, and 16.57.380; prescribing penalties; providing effective dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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)) his or
her duly ((appointed)) authorized 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, and 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 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" or "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))
including the examination of documents providing evidence of ownership.
(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.
(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.)) "Ratite" means, but is not limited to, ostrich, emu, rhea,
or other flightless bird used for human consumption, whether live or
slaughtered.
(11)
(((12) "Ratite farming" means breeding, raising, and rearing of an
ostrich, emu, or rhea in captivity or an enclosure.)) (11) "Microchipping" means the implantation of an
identification microchip or similar electronic identification device to
establish the identity of an individual animal:
(13)
(a) In the pipping muscle of a chick ratite or the implantation of
a microchip in the tail muscle of an otherwise unidentified adult
ratite;
(b) In the nuchal ligament of a horse unless otherwise specified by
rule of the director; and
(c) In locations of other livestock species as specified by rule of
the director when requested by an association of producers of that
species of livestock.
(12) "Certificate of permit" means a form prescribed by and
obtained from the director that is completed by the owner or a person
authorized to act on behalf of the owner to show the ownership of
livestock. It is used to document ownership of livestock while in
transit within the state or on consignment to any public livestock
market, special sale, slaughter plant, or feed lot. It does not
evidence inspection of livestock.
(13) "Inspection certificate" means a certificate issued by the
director or a veterinarian certified by the director documenting the
ownership of an animal based on an inspection of the animal. It
includes an individual identification certificate.
(14) "Individual identification certificate" means an inspection
certificate that authorizes the livestock owner to transport the animal
out of state multiple times within a set period of time.
(15) "Self-inspection certificate" means a form prescribed by and
obtained from the director that is completed and signed by the buyer
and seller of livestock to document a change in ownership.
(16) "Horses" means horses, burros, and mules.
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. As used in
this subsection, "meat processor" means a person licensed to operate a
slaughtering establishment under chapter 16.49 RCW or the federal meat
inspection act (21 U.S.C. Sec. 601 et seq.). In making appointments,
the director shall solicit nominations from organizations representing
these groups statewide. The board shall elect a member to serve as
chair of the board.
(2) The purpose of the board is to provide advice to the director
regarding livestock identification programs administered under this
chapter and regarding ((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, 16.65.037, or 16.65.090. If the
director publishes in the state register a proposed rule to be adopted
under the authority of this chapter ((or a proposed rule setting a fee
under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090)) and the rule
has not received the approval of the advisory board, the director shall
file with the board a written statement setting forth the director's
reasons for proposing the rule without the board's approval.
(3) The members of the advisory board serve three-year terms.
However, the director shall by rule provide shorter initial terms for
some of the members of the board to stagger the expiration of the
initial terms. The members serve without compensation. The director
may authorize the expenses of a member to be reimbursed if the member
is selected to attend a regional or national conference or meeting
regarding livestock identification. Any such reimbursement shall be in
accordance with RCW 43.03.050 and 43.03.060.
Sec. 3 RCW 16.57.020 and 1994 c 46 s 7 are each amended to read
as follows:
The director shall be the recorder of livestock brands and such
brands shall not be recorded elsewhere in this state. Any person
desiring to ((register)) record a livestock brand shall apply on a form
prescribed by the director. ((Such)) The application shall be
accompanied by a facsimile of the brand applied for and a ((thirty-five)) one hundred twenty dollar recording fee for a four-year period.
The director shall, upon his or her satisfaction that the application
and brand facsimile meet the requirements of this chapter ((and/))
and its rules ((adopted hereunder)), record ((such)) the brand.
Sec. 4 RCW 16.57.023 and 1998 c 263 s 5 are each amended to read
as follows:
(((1))) The ((board)) director may adopt rules establishing
criteria and fees for the permanent renewal of brands registered with
the department ((or with the board)) but renewed as livestock heritage
brands. Such heritage brands are not intended for use on livestock.
(((2) If the Washington state livestock identification board with
authority and responsibility for administering the livestock
identification program is not established by July 31, 1998, the
department of agriculture is granted the authorities provided to the
board by subsection (1) of this section.))
Sec. 5 RCW 16.57.025 and 1998 c 263 s 6 are each amended to read
as follows:
(((1))) The ((board)) director may enter into agreements with
Washington state licensed and accredited veterinarians, who have been
certified by the ((board)) director, to perform livestock inspection.
Fees for livestock inspection performed by a certified veterinarian
shall be collected by the veterinarian and remitted to the ((board))
director. Veterinarians providing livestock inspection may charge a
fee for livestock inspection that is in addition to and separate from
fees collected under RCW 16.57.220. The ((board)) director may adopt
rules necessary to implement livestock inspection performed by
veterinarians and may adopt fees to cover the cost associated with
certification of veterinarians.
(((2) If the Washington state livestock identification board with
authority and responsibility for administering the livestock
identification program is not established by July 31, 1998, the
department of agriculture is granted all of the authorities provided to
the board by subsection (1) of this section.))
Sec. 6 RCW 16.57.030 and 1959 c 54 s 3 are each amended to read
as follows:
The director 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. 7 RCW 16.57.040 and 1974 ex.s. c 64 s 1 are each amended to
read as follows:
The director may provide for the use of production record brands.
Numbers for such brands shall be issued at the discretion of the
director and shall be placed on livestock immediately below the
((registered)) recorded ownership brand or any other location
prescribed by the director.
Sec. 8 RCW 16.57.050 and 1959 c 54 s 5 are each amended to read
as follows:
No person shall place a brand on livestock for any purpose unless
((such)) the brand is recorded in his or her name.
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)) recorded brands. The fee for renewal of ((the brands))
a recorded brand shall be ((no less than twenty-five)) one hundred
twenty dollars for each ((two-year)) four-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)). At least
sixty days before the expiration of a ((registered)) recorded brand,
the director shall notify by letter the owner of record of the brand
that on the payment of the ((requisite application fee and application
of)) renewal fee the director shall issue ((the)) proof of payment
allowing the brand owner exclusive ownership and use of the brand for
the subsequent ((registration)) ownership period. The failure of the
((registered)) owner to pay the renewal fee by the date required by
rule shall cause ((such owner's)) the brand to revert to the
department. The director may for ((a period of)) one year following
((such)) the reversion, reissue ((such)) the brand only to the prior
((registered)) owner upon payment of the ((registration)) renewal 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-five dollars for renewal subsequent to the
regular renewal period. The director may at the director's discretion,
if ((such)) the brand is not reissued within one year to the prior
((registered)) owner, issue ((such)) the brand to any other applicant.
Sec. 10 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)) the brand shall be
((acknowledged in the presence of)) executed by the recorded owner and
acknowledged by a notary public. The director shall record ((such))
the instrument upon presentation and payment of a recording fee ((not
to exceed fifteen)) of twenty-five dollars ((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. Such)). The recording shall be
constructive notice to all the world of the existence and conditions
affecting the title to ((such)) the brand. A copy of all records
concerning the brand, certified by the director, shall be received in
evidence to all intent and purposes as the original instrument. The
director shall not be personally liable for failure of the director's
agents to properly record ((such)) the instrument.
Sec. 11 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 showing that the brand is of present
record or a certified copy of the record of ((such)) the 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)) the
brand has legal title to ((such)) the livestock and is entitled to its
possession((: PROVIDED, That)). The director may require additional
proof of ownership ((of)) for any animal showing more than one healed
brand.
Sec. 12 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.
Violation of this section ((shall be)) is a gross misdemeanor
((punishable to the same extent as a gross misdemeanor that is
punishable under RCW 9A.20.021)).
Sec. 13 RCW 16.57.130 and 1959 c 54 s 13 are each amended to read
as follows:
The director 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)) the brands
when applied to livestock.
Sec. 14 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)) obtain from the
director 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 by rule subsequent to a hearing under
chapter 34.05 RCW and in conformance with RCW 16.57.015)) of fifteen
dollars.
Sec. 15 RCW 16.57.150 and 1974 ex.s. c 64 s 5 are each amended to
read as follows:
The director shall publish a book to be known as the "Washington
State Brand Book", showing all the brands of record. ((Such)) The book
shall contain the name and address of the owners of brands of record
and a copy of the ((brand)) livestock identification laws and
((regulations)) rules. Supplements to ((such)) the brand book showing
newly recorded brands, amendments, or newly adopted ((regulations,))
rules shall be published ((biennially, or prior thereto)) at the
discretion of the director((: PROVIDED, That)). Whenever ((he)) the
director deems it necessary, the director may ((issue)) publish a new
brand book. The director may collect moneys to recover the reasonable
costs of publishing and distributing copies of the brand book.
NEW SECTION. Sec. 16 A new section is added to chapter 16.57 RCW
to read as follows:
The director may adopt rules necessary to administer the recording
and changing of ownership of brands.
Sec. 17 RCW 16.57.160 and 1991 c 110 s 3 are each amended to read
as follows:
(1) The director may ((by rule adopted subsequent to a public
hearing designate)) adopt rules:
(a) Designating any point for mandatory ((brand)) inspection of
cattle or horses or the furnishing of proof that cattle or horses
passing or being transported through ((such)) the point((s)) have been
((brand)) inspected or identified and are lawfully being ((moved.
Further, the director may stop vehicles carrying cattle to determine if
such cattle 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)) transported;
(b) Providing for self-inspection of fifteen head or less of
cattle;
(c) Providing for issuance of individual horse and cattle
identification certificates or other means of horse and cattle
identification; and
(d) Designating the documents that constitute other satisfactory
proof of ownership for cattle and horses. A bill of sale may not be
designated as documenting satisfactory proof of ownership for cattle.
(2) The director or any peace officer may stop vehicles carrying
cattle or horses to determine if the livestock being transported are
accompanied by a certificate of permit, inspection certificate, self-inspection certificate, or other satisfactory proof of ownership, as
determined by the director.
Sec. 18 RCW 16.57.165 and 1971 ex.s. c 135 s 6 are each amended
to read as follows:
The director may, in order to reduce the cost of ((brand))
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)) inspection by the
director 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 may enter at any reasonable time any slaughterhouse or
public livestock market to ((make an examination of the brands on))
inspect livestock or hides, and may enter at any reasonable time an
establishment where hides are held to ((examine)) inspect them for
brands or other means of identification. The director may enter any of
these premises at any reasonable time to examine all books and records
required by law in matters relating to ((brand inspection or other
methods of)) livestock identification. For purposes of this section,
"any reasonable time" means during regular business hours or during any
working shift.
Sec. 20 RCW 16.57.180 and 1959 c 54 s 18 are each amended to read
as follows:
Should the director 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 director may apply to any court of
competent jurisdiction for a search warrant authorizing access to
((such)) the premises or establishment for ((said)) those 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 or her agent shall make ((the brand or brands on))
livestock being ((brand)) inspected readily ((visible)) accessible and
shall cooperate with the director to carry out ((such brand)) the
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 shall have authority to arrest ((any person)) without
warrant anywhere in the state any person found in the act of, or whom
((he)) the director has reason to believe is guilty of, ((driving))
transporting, holding, selling, or slaughtering stolen livestock. Any
((such)) person arrested by the director shall be turned over to the
county sheriff ((of the county)) or other local law enforcement officer
where the arrest was made, as quickly as possible.
Sec. 23 RCW 16.57.220 and 1997 c 356 s 3 are each amended to read
as follows:
((The director shall cause a charge to be made for all brand
inspection of cattle and horses required under this chapter and rules
adopted hereunder. Such charges shall be paid to the department by the
owner or person in possession unless requested by the purchaser and
then such brand inspection shall be paid by the purchaser requesting
such brand inspection. Except as provided by rule, such inspection
charges shall be due and payable at the time brand inspection is
performed and shall be paid upon billing by the department and if not
shall constitute a prior lien on the cattle or cattle hides or horses
or horse hides brand inspected until such charge is paid. The director
in order to best utilize the services of the department in performing
brand inspection may establish schedules by days and hours when a brand
inspector will be on duty to perform brand inspection at established
inspection points. The fees for brand inspection performed at
inspection points according to schedules established by the director
shall be sixty cents per head for cattle and not more than two dollars
and forty cents 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 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 of performing
the brand 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.))
(1) Except as provided for in RCW 16.65.090 and subsection (2),
(3), or (4) of this section, the fee for livestock inspection is sixty
cents per head for cattle and two dollars and forty cents for horses or
fifteen dollars per hour and the current mileage rate set by the office
of financial management, whichever is greater.
(2) The fee for individual identification certificates is seven
dollars and fifty cents for an annual certificate and fifteen dollars
for a lifetime certificate or fifteen dollars per hour and the current
mileage rate set by the office of financial management, whichever is
greater. However, the fee for a single annual certificate listing
groups of thirty or more animals belonging to one owner is five dollars
per head or fifteen dollars per hour and the current mileage rate set
by the office of financial management, whichever is greater. A
lifetime certificate shall not be issued until the fee has been paid to
the director.
(3) The fee for livestock inspection is two dollars per head for a
single certificate issued for groups of thirty or more horses belonging
to one owner or fifteen dollars per hour and the current mileage rate
set by the office of financial management, whichever is greater.
(4) ((There is a minimum fee of two dollars and fifty cents for the
issuance of any inspection certificate.)) The minimum fee for the
issuance of an inspection certificate for livestock shall be five
dollars regardless of the inspection point. This minimum does not
apply to livestock consigned to a public livestock market or special
sale.
NEW SECTION. Sec. 24 A new section is added to chapter 16.57 RCW
to read as follows:
(1) Any inspection fee shall be paid to the department by the owner
or person in possession of the livestock unless the inspection is
requested by the purchaser and then the fee shall be paid by the
purchaser.
(2) Except as provided by rule, the inspection fee is due and
payable at the time inspection is performed and shall be paid upon
billing by the department and, if not, constitutes a prior lien on the
cattle or cattle hides or horses or horse hides inspected until the fee
is paid.
(3) A late fee of one and one-half percent per month shall be
assessed on the unpaid balance against persons more than thirty days in
arrears.
(4) In addition to any other penalties, the director may refuse to
perform an inspection service under this chapter for a person in
arrears or who has failed to pay fees required by this chapter unless
the person makes payment in full of all moneys due prior to performing
the service.
Sec. 25 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)) inspection
of livestock unless there has been an actual ((brand)) inspection of
((such)) the livestock.
Sec. 26 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.
((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 director may issue certificate of permit forms to any
person on payment of a fee established by rule.
(3) Certificates of permit, inspection certificates, self-inspection certificates, or other satisfactory proof of ownership shall
be kept by the owner and/or person in possession of any cattle and
shall be furnished to the director or any peace officer upon demand.
(4) A self-inspection certificate is not valid if proof of
ownership is not provided to the buyer for cattle bearing brands not
recorded to the seller.
NEW SECTION. Sec. 27 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,
self-inspection certificate, or other satisfactory proof of ownership,
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, self-inspection
certificates, or other satisfactory proof of ownership accompanying
cattle being moved or transported within this state shall be subject to
inspection at any time by the director or any peace officer.
Sec. 28 RCW 16.57.260 and 1981 c 296 s 19 are each amended to
read as follows:
It ((shall be)) is unlawful for any person to remove or cause to be
removed or accept for removal from this state, any cattle or horses
which are not accompanied at all times by an ((official brand))
inspection certificate ((issued by the director)) on such cattle or
horses, except as provided ((in RCW 16.57.160)) by rule adopted under
this chapter.
Sec. 29 RCW 16.57.270 and 1959 c 54 s 27 are each amended to read
as follows:
It ((shall be)) is unlawful for any person moving or transporting
livestock in this state to refuse to assist the director or any peace
officer in establishing the identity and ownership of ((such)) the
livestock being moved or transported.
Sec. 30 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)) the slaughterhouse, shall be accompanied by a certificate of
permit signed by the owner of ((such)) the carcass or primal part
thereof and, if ((such)) the carcass or primal part is delivered to a
facility custom handling ((such)) the carcasses or primal parts
thereof, ((such)) the certificate of permit shall be deposited with the
owner or manager of ((such)) the custom handling facility and ((such))
the certificate of permit shall be retained for a period of one year
and be made available to the department 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)) regular business
hours or any working shift.
Sec. 31 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)) cattle or horse marked with a recorded brand ((or
tattoo)) of another person unless the:
(1) ((Such livestock)) Cattle or horse lawfully bears the person's
own healed recorded brand; or
(2) ((Such livestock)) Cattle or horse is accompanied by a
certificate of permit from the owner of the recorded brand ((or
tattoo)); or
(3) ((Such livestock)) Cattle or horse is accompanied by ((a
brand)) an inspection certificate; or
(4) ((Such)) Cattle is accompanied by a self-inspection ((slip))
certificate; or
(5) ((Such livestock)) Horse is accompanied by a bill of sale from
the previous owner; or
(6) Cattle or horse is accompanied by ((a bill of sale from the
previous owner or)) other satisfactory proof of ownership as designated
in rule.
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. 32 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)) All cattle and horses that are not accompanied by a certificate
of permit, inspection certificate, self-inspection certificate, or
other satisfactory proof of ownership when offered for sale and
presented for inspection by the director, shall be ((sold)) impounded.
If theft is suspected, the director shall immediately initiate an
investigation. If theft is not suspected, the animal shall be sold and
the proceeds retained by the director ((or the director'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)) the cattle or horses, the
director ((or the director'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 or the director's
representative)) an inspection certificate for the cattle or horses
documenting their ownership.
Sec. 33 RCW 16.57.300 and 1989 c 286 s 24 are each amended to
read as follows:
Except under section 34 of this act, the proceeds from the sale of
cattle and horses ((as provided for)) when impounded under RCW
16.57.290, after paying the cost thereof, shall be paid to the
director, who shall make a record showing the brand or marks or other
method of identification of the animals and the amount realized from
the sale thereof. However, the proceeds from a sale of ((such)) the
cattle or horses at a licensed public livestock market shall be held by
the licensee for a reasonable period not to exceed thirty days to
permit the consignor to establish ownership or the right to sell
((such)) the cattle or horses. If ((such)) the consignor fails to
establish legal ownership or the right to sell ((such)) the cattle or
horses, ((such)) the proceeds shall be paid to the director to be
disposed of as any other estray proceeds.
NEW SECTION. Sec. 34 A new section is added to chapter 16.57 RCW
to read as follows:
The proceeds from the sale of dairy breed cattle when impounded
under RCW 16.57.290, and after paying the cost thereof, shall be paid
to the seller if:
(1) The cattle bears a brand that is not recorded in this state or
any state where a reciprocal agreement is in place as provided under
RCW 16.57.340;
(2) There is no evidence of theft;
(3) The director has posted the brand for at least ninety days at
each licensed public livestock market in this state and any other state
where the director provides for livestock inspection; and
(4) No other person has established legal ownership of the cattle
with the director.
The proceeds from the sale shall be held by the director until paid
to the seller or other person as specified by the director. However,
the proceeds from a sale of the cattle at a licensed public livestock
market shall be held by the licensee.
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)) the person's recorded brand have been sold by the
director, he or she shall present to the director a claim on the
proceeds within ten days from the receipt of the notice or the director
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 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. 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 under RCW 16.57.310 is made or no satisfactory proof of ownership
is provided under RCW 16.57.320, the money shall be credited to the
department ((of agriculture)) 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 ((shall have)) has 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
may declare any livestock which is shipped or moved into this state
from ((such)) those states estrays if ((such)) the livestock is not
accompanied by the proper ((official brand)) inspection certificate or
other ((such)) certificates required by the law of the state of origin
of ((such)) the livestock. The director may hold ((such)) the
livestock subject to all costs of holding or sell ((such)) the
livestock and send the funds, after the deduction of the cost of
((such)) the sale, to the proper authority in the state of origin of
((such)) the livestock.
Sec. 39 RCW 16.57.360 and 1991 c 110 s 7 are each amended to read
as follows:
The department 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)) under this chapter shall constitute
a class I civil infraction as provided under chapter 7.80 RCW unless
otherwise specified herein.
Sec. 40 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 to be used only for the
enforcement)) in an account in the agricultural local fund and used to
carry out the purposes of this chapter.
Sec. 41 RCW 16.57.400 and 1994 c 46 s 20 are each amended to read
as follows:
((The director may provide by rules and regulations adopted
pursuant to chapter 34.05 RCW for the issuance of)) Horses and cattle
may be identified by individual ((horse and cattle)) identification
certificates or other means of ((horse and cattle)) identification
((deemed appropriate)) authorized by the director. ((Such)) The
certificates or other means of identification ((shall be)) are 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)) are only subject to ((brand)) inspection ((except when sold at
points provided for in RCW 16.57.380. The director shall charge a fee
for the certificates or other means of identification authorized
pursuant to this section and no identification shall be issued until
the director has received the fee. The schedule of fees shall be
established in accordance with the provisions of chapter 34.05 RCW))
when the animal is consigned for sale.
Sec. 42 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)) director. The director may issue a permit
to any person ((or organization)) to act as a registering agency for
the purpose of issuing permanent identification symbols for horses in
a manner prescribed by the director. Application for ((such)) a
permit, or the renewal thereof by January 1 of each year, shall be on
a form prescribed by the director, and accompanied by the proof of
registration to be issued, any other documents required by the
director, and a fee of one hundred dollars.
(2) Each registering agency shall maintain a permanent record for
each individual identification symbol. The record shall include, but
need not be limited to, the name, address, and phone number of the
horse owner and a general description of the horse. A copy of each
permanent record shall be forwarded to the director, if requested by
the director.
(3) Horses shall be examined for individual identification symbols
((shall be inspected as required for brands under RCW 16.57.220 and
16.57.380. Any horse)) when presented for inspection ((and bearing
such a symbol, but not accompanied by proof of registration and
certificate of permit, shall be sold as provided under RCW 16.57.290
through 16.57.330)).
(4) The director shall adopt ((such)) rules ((as are)) necessary
((for the effective administration of)) to administer this section
((pursuant to chapter 34.05 RCW)).
NEW SECTION. Sec. 43 A new section is added to chapter 16.65 RCW
to read as follows:
The purpose of this chapter is to ensure the orderly marketing of
livestock, to ensure the financial stability of public livestock
markets, and to protect persons who consign livestock to markets and
sales.
Sec. 44 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 or her
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) "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) "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) "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) (("Deputy state veterinarian" means a graduate veterinarian
authorized to practice in the state of Washington and appointed or
deputized by the director as his duly authorized representative.)) "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.
(10)
(10) "Livestock inspection" or "inspection" means the examination
of livestock or livestock hides for brands or any means of identifying
livestock or livestock hides including the examination of documents
providing evidence of ownership.
Sec. 45 RCW 16.65.015 and 1983 c 298 s 2 are each amended to read
as follows:
(1) Except under subsection (2) of this section, this chapter does
not apply to:
(((1))) (a) A farmer selling his or her own livestock ((on the
farmer's own premises by auction or any other method)).
(((2))) (b) 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 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)).
(c) A youth livestock organization such as 4-H, FFA, or other
junior livestock group, when any class of livestock owned by the youth
members is assembled and offered for sale at a special sale under the
organization's management and responsibility.
(2) Any farmer, farmers' cooperative association, livestock
breeders' association, or youth livestock organization under subsection
(1) of this section, may, upon obtaining a permit from the director,
conduct a public sale of his or her or its members livestock on an
occasional or seasonal basis. Application for the permit shall be in
writing to the director for his or her approval at least fifteen days
before the proposed public sale is scheduled to be held. The
application must be complete and accompanied by a nonrefundable fee of
fifty dollars for each sale, except that the fee is waived for youth
livestock organizations. The sale is subject to the livestock and
health inspection requirements as provided in this chapter for sales at
public livestock markets, unless otherwise prescribed by rule.
Sec. 46 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, and the
director((, but not his duly authorized representative,)) may adopt
((such)) those rules ((and regulations)) as are necessary to carry out
the purpose of this chapter. It shall be the duty of the director to
enforce and carry out the provisions of this chapter and rules ((and
regulations)) adopted ((hereunder)) under this chapter. No person
shall interfere with the director when he or she is performing or
carrying out any duties imposed ((upon him)) by this chapter or rules
((and regulations)) adopted ((hereunder)) under this chapter.
Sec. 47 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. Application for ((such)) a license shall be in writing
on forms prescribed by the director, 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, 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 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:)) If the director determines that the applicant
meets all the requirements of subsection (1) of this section, the
director 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; 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.
(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 director 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. 48 RCW 16.65.037 and 1997 c 356 s 9 are each amended to read
as follows:
(1) ((Upon the approval of the application by the director and
compliance with the provisions of this chapter, the applicant shall be
issued a license or renewal thereof.)) Any license issued under the
provisions of this chapter shall only be valid at the 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)) a market((:)) in the previous twelve months or, for a new
market, the projected average gross sales per official sales day of the
market during its first year's operation.
(a) Markets with an average gross sales volume up to and including
ten thousand dollars, a one hundred twenty dollar fee;
(b) Markets with an average gross sales volume over ten thousand
dollars and up to and including fifty thousand dollars, a two hundred
forty dollar fee; and
(c) Markets with an average gross sales volume over fifty thousand
dollars, a three hundred sixty dollar fee.
The fees for public market licenses shall be set by the director by
rule subsequent to a hearing under chapter 34.05 RCW and in conformance
with RCW 16.57.015
(a) The license fee for markets with an average gross sales volume
up to and including ten thousand dollars is one hundred twenty dollars.
(b) The license fee for markets with an average gross sales volume
over ten thousand dollars and up to and including fifty thousand
dollars is two hundred forty dollars.
(c) The license fee for markets with an average gross sales volume
over fifty thousand dollars is three hundred sixty dollars.
(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)) license fee.
Sec. 49 RCW 16.65.040 and 1983 c 298 s 6 are each amended to read
as follows:
(1) All public livestock market licenses provided for in this
chapter ((shall)) expire on March 1st subsequent to the date of issue.
(2) Application for renewal of a public livestock market license
shall be in writing on forms prescribed by the director, and shall
include:
(a) All information under RCW 16.65.030(1) (d), (e), and (f);
(b) The gross dollar volume of business carried on, at, or through
the applicant's public livestock market in the twelve-month period
prior to the application for renewal of the license;
(c) Other information as the director may require by rule; and
(d) The appropriate license fee.
(3) If any person ((who)) fails, refuses, or neglects to apply for
a renewal of a preexisting license ((on or before the date of
expiration)) by March 1st, the person's license shall expire. To
reinstate a license, the person shall pay a penalty of twenty-five
dollars, which shall be added to the regular license fee, before
((such)) the license may be ((renewed)) reinstated by the director.
Sec. 50 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. The
application for the license shall include:
(a) ((A detailed statement showing all of the assets and
liabilities of the applicant;)) 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;
(b)
(((c))) (b) The specific date and exact location of the proposed
sale;
(((d))) (c) Projected quantity and approximate value of horses to
be handled; and
(((e))) (d) Such other information as the director 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
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. 51 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 by the
director)) deposited in an account in the agricultural local fund and
used for ((the purpose of)) enforcing and carrying out the purpose and
provisions of this chapter and chapter 16.57 RCW.
Sec. 52 RCW 16.65.080 and 1985 c 415 s 9 are each amended to read
as follows:
(1) The director ((is authorized to)) may deny, suspend, or revoke
a license ((in the manner prescribed herein,)) when ((there are
findings by)) the director finds that ((any)) a licensee (a) has ((been
guilty of fraud or misrepresentation as to)) misrepresented titles,
charges, numbers, brands, weights, proceeds of sale, or ownership of
livestock; (b) has attempted payment to a consignor or the department
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)) under this
chapter; (d) has violated any laws of the state that require ((health
or brand)) inspection of livestock for health or ownership purposes;
(e) has violated any condition of the bond, as provided in this
chapter. ((However, the director may deny a license if the applicant
refuses to accept the sales day or days allocated to him 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 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 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.)) Upon notice
by the director to deny, revoke, or suspend a license, a person may
request a hearing under chapter 34.05 RCW.
(3) The director 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 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. Testimony shall be recorded, and may be taken by deposition
under such rules as the director may prescribe.
(4) The director shall hear and determine the charges, make
findings and conclusions upon the evidence produced, and file them in
his office, together with a record of all of the evidence, and serve
upon the accused a copy of such findings and conclusions
Sec. 53 RCW 16.65.090 and 1997 c 356 s 11 are each amended to
read as follows:
The director 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 a fee, as provided
by law, ((a fee for brand inspection)) for each animal ((consigned to
the public livestock market or special open consignment horse sale))
inspected. However, if in any one sale day the total fees collected
for ((brand)) inspection do not exceed seventy-two dollars, then
((such)) the licensee shall pay seventy-two dollars for ((such brand))
the inspection ((or as much thereof as the director may prescribe))
services.
Sec. 54 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)) inspection a fee as provided by law for each
animal inspected. ((Such)) This fee shall be in addition to the fee
charged to the consignor for ((brand)) inspection and shall not apply
to the minimum fee chargeable to the licensee.
Sec. 55 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)) The account shall be drawn on only for the payment of net
proceeds to the consignor, or ((such)) other person or persons of whom
((such)) the licensee has knowledge is entitled to ((such)) the
proceeds, and to obtain from ((such)) those proceeds only the sums due
the licensee as compensation for ((his)) the services as are set out in
((his)) the posted tariffs, and for ((such)) the sums as are necessary
to pay all legal charges against the consignment of livestock which the
licensee in ((his)) the capacity as agent is required to pay for on
behalf of the consignor or shipper. The licensee in each case shall
keep ((such)) those 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 and
reflect compliance with the requirements of this section.
Sec. 56 RCW 16.65.170 and 1967 c 192 s 1 are each amended to read
as follows:
The licensee shall keep accurate records which shall be available
for inspection to all parties directly interested therein, and ((such))
the records shall contain the following information:
(1) The date on which each consignment of livestock was received
and sold.
(2) The name and address of the buyer and seller of ((such)) the
livestock.
(3) The number and species of livestock received and sold.
(4) The marks and brands on ((such)) the livestock ((as supplied by
a brand inspector)).
(5) All statements of warranty or representations of title material
to, or upon which, any ((such)) sale is consummated.
(6) The gross selling price of ((such)) the livestock with a
detailed list of all charges deducted therefrom.
((Such)) These records shall be kept by the licensee for one year
subsequent to the receipt of such livestock.
Sec. 57 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)) that person has
filed a schedule with the application for license to operate ((such))
a public livestock market or special open consignment horse sale.
((Such)) The schedule shall show all rates and charges for stockyard
services to be furnished ((by such person)) at ((such)) the 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 may
require, and shall state any rules ((and regulations)) which in any
manner change, affect, or determine any part of the aggregate of
((such)) the rates or charges, or the value of the stockyard services
furnished. The director may determine and prescribe the form and
manner in which ((such)) the 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 and to the
public filed and posted as ((aforesaid)) set forth under this section,
which shall plainly state the changes proposed to be made and the time
((such)) the changes will go into effect.
(3) No licensee shall charge, demand, or collect a greater or a
lesser or a different compensation for ((such)) a service than the
rates and charges specified in the schedule filed with the director 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))
a public livestock market or special open consignment horse sale any
stockyard services except ((such)) as are specified in ((such)) the
schedule.
Sec. 58 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 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
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)) under this chapter. 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)) the 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)) the applicant furnishes the director with a bond approved by
the United States secretary of agriculture ((naming the department as
trustee)), the director may accept ((such)) the bond and its method of
termination in lieu of the bond provided for herein and issue a license
if ((such)) the 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)) the bond. Every bond
filed with and approved by the director 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)) the
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)) this period, file a new bond, the director shall
((forthwith)) immediately cancel the principal's license.
Sec. 59 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 a deposit
consisting of cash or other security acceptable to the director. The
director may adopt rules ((and regulations)) necessary for the
administration of such security.
Sec. 60 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, the director may proceed ((forthwith)) immediately to
ascertain the names and addresses of all vendor or consignor creditors
of ((such)) the licensee, together with the amounts due and owing to
them and each of them by ((such)) the licensee, and shall request all
((such)) vendor and consignor creditors to file a verified statement of
their respective claims with the director. ((Such)) This request shall
be addressed to each known vendor or consignor creditor at his or her
last known address.
Sec. 61 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 or her verified
claim as requested by the director within sixty days from the date of
such request, the director shall ((thereupon)) be relieved of further
duty or action ((hereunder)) on behalf of ((said)) the producer or
consignor creditor.
Sec. 62 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 to ascertain the
names and addresses of all ((said)) vendor and consignor creditors, the
director, 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 or her possession, and thereafter shall not be
liable or responsible for claims or the handling of claims which may
subsequently appear or be discovered.
Sec. 63 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 may ((thereupon)) bring an action on the bond in behalf of
((said)) vendor and consignor creditors. Upon any action being
commenced on ((said)) the bond, the director may require the filing of
a new bond. Immediately upon the recovery in any action on ((such))
the bond ((such)) the licensee shall file a new bond. Upon failure to
file the ((same)) new bond within ten days, ((in either case,)) such a
failure shall constitute grounds for the suspension or revocation of
((his)) the license.
Sec. 64 RCW 16.65.340 and 1967 c 192 s 2 are each amended to read
as follows:
The director 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)) Washington state licensed and accredited veterinarian
employed by the market as in the director'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. 65 RCW 16.65.350 and 1959 c 107 s 35 are each amended to
read as follows:
(((1) The director 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.)) The director shall ((
(2)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. 66 RCW 16.65.380 and 1959 c 107 s 38 are each amended to
read as follows:
Public livestock market facilities shall include adequate space and
facilities necessary for ((deputy)) market, federal, or state
veterinarians to properly carry out their functions as prescribed by
law and rules ((and regulations)) adopted ((hereunder)) under law or as
prescribed by applicable federal law or regulation.
Sec. 67 RCW 16.65.390 and 1959 c 107 s 39 are each amended to
read as follows:
Public livestock market facilities shall include space and
facilities necessary for ((brand)) livestock inspectors and
veterinarians to properly carry out their duties, as provided by law
and rules ((and regulations)) adopted ((hereunder)) under law, in a
safe and expeditious manner.
Sec. 68 RCW 16.65.400 and 1983 c 298 s 15 are each amended to
read as follows:
(1) Each public livestock market licensee shall maintain and
operate approved weighing facilities for the weighing of livestock at
such licensee's public livestock market.
(2) All dial scales used by the licensee shall be of adequate size
to be readily visible to all interested parties and shall be equipped
with a mechanical weight recorder.
(3) All beam scales used by the licensee shall be equipped with a
balance indicator, a weigh beam and a mechanical weight recorder, all
readily visible to all interested parties.
(4) All scales used by the licensee shall be checked for balance at
short intervals during the process of selling and immediately prior to
the beginning of each sale day.
(5) The scale ticket shall have the weights mechanically imprinted
upon ((such)) the tickets when the weigh beam is in balance during the
process of weighing, and shall be issued in triplicate, for all
livestock weighed at a public livestock market. A copy of ((such)) the
weight tickets shall be issued to the buyer and seller of the livestock
weighed.
Sec. 69 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)) salesyard shall be subject
to approval by the director, subsequent to a hearing ((as provided for
in this chapter)) and the director is hereby authorized to ((allocate))
approve these ((dates and type)) days and class of livestock which may
be sold on these ((dates)) days. In considering the ((allocation))
approval or denial of ((such)) these sales days, the director 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 in writing fifteen days prior to
such proposed sale ((and such sale date shall be approved at the
discretion of the director)).
(3) In any case that a licensee fails to conduct sales on the sales
days allocated to the licensee, the director 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. 70 RCW 16.65.424 and 1963 c 232 s 19 are each amended to
read as follows:
The director ((shall have)) has 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 as being adequate
for the protection of the health and safety of ((such)) the horses
and/or mules. For the purpose of such limited sale the facility
requirements of RCW 16.65.360 shall not be applicable.
Sec. 71 RCW 16.65.440 and 1959 c 107 s 44 are each amended to
read as follows:
Any person who ((shall)) violates any provisions or requirements of
this chapter or rules ((and regulations)) adopted by the director
((pursuant to)) under this chapter ((shall be deemed)) is guilty of a
gross misdemeanor((; and any subsequent violation thereafter shall be
deemed a gross misdemeanor)).
Sec. 72 RCW 16.65.445 and 1989 c 175 s 55 are each amended to
read as follows:
The director shall hold public hearings upon ((a)) any proposal to
((promulgate)) adopt 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.
NEW SECTION. Sec. 73 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.
NEW SECTION. Sec. 74 The following acts or parts of acts are
each repealed:
(1) RCW 16.58.010 (Purpose) and 1979 c 81 s 1 & 1971 ex.s. c 181 s
1;
(2) RCW 16.58.020 (Definitions) and 1971 ex.s. c 181 s 2;
(3) RCW 16.58.030 (Rules and regulations -- Interference with
director proscribed) and 1971 ex.s. c 181 s 3;
(4) RCW 16.58.040 (Certified feed lot license -- Required--Application, contents) and 1971 ex.s. c 181 s 4;
(5) RCW 16.58.050 (Certified feed lot license -- Fee -- Issuance or
renewal) and 1997 c 356 s 5, 1997 c 356 s 4, 1994 c 46 s 23, 1994 c 46
s 14, 1993 c 354 s 3, 1979 c 81 s 2, & 1971 ex.s. c 181 s 5;
(6) RCW 16.58.060 (Certified feed lot license -- Expiration -- Late
renewal) and 1991 c 109 s 10 & 1971 ex.s. c 181 s 6;
(7) RCW 16.58.070 (Certified feed lot license -- Denial, suspension,
or revocation of -- Procedure) and 1989 c 175 s 54 & 1971 ex.s. c 181 s
7;
(8) RCW 16.58.080 (Brand inspection, facilities and help to be
furnished for) and 1971 ex.s. c 181 s 8;
(9) RCW 16.58.095 (Brand inspection required for cattle not having
brand inspection certificate) and 1991 c 109 s 11 & 1979 c 81 s 6;
(10) RCW 16.58.100 (Audits -- Purpose) and 1979 c 81 s 3 & 1971 ex.s.
c 181 s 10;
(11) RCW 16.58.110 (Records -- Examination) and 1991 c 109 s 12 &
1971 ex.s. c 181 s 11;
(12) RCW 16.58.120 (Records required at each certified feed lot)
and 1991 c 109 s 13 & 1971 ex.s. c 181 s 12;
(13) RCW 16.58.130 (Feed lots -- Fee for each head of cattle
handled -- Failure to pay) 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;
(14) RCW 16.58.140 (Disposition of fees) and 1979 c 81 s 5 & 1971
ex.s. c 181 s 14;
(15) RCW 16.58.150 (Situations when no brand inspection required)
and 1971 ex.s. c 181 s 15;
(16) RCW 16.58.160 (Suspension of license awaiting investigation)
and 1991 c 109 s 15 & 1971 ex.s. c 181 s 16;
(17) RCW 16.58.170 (General penalties -- Subsequent offenses) and
1971 ex.s. c 181 s 17;
(18) RCW 16.58.900 (Chapter as cumulative and nonexclusive) and
1971 ex.s. c 181 s 18;
(19) RCW 16.58.910 (Severability -- 1971 ex.s. c 181) and 1971 ex.s.
c 181 s 19;
(20) RCW 16.65.110 (Charge for examining, testing, inoculating,
etc.--Minimum fee) and 1959 c 107 s 11;
(21) RCW 16.65.422 (Special sales of purebred livestock) and 1963
c 232 s 17;
(22) RCW 16.65.423 (Limited public livestock market license, sale
of horses and/or mules--Sales days) and 1983 c 298 s 16 & 1963 c 232 s
18; and
(23) RCW 16.57.380 (Horses--Mandatory brand inspection points--Powers of director) and 1991 c 110 s 8, 1981 c 296 s 22, & 1974 ex.s.
c 38 s 1.
NEW SECTION. Sec. 75 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
July 1, 2003, except for sections 3 and 9 of this act which take effect
January 1, 2004.