BILL REQ. #:  S-0989.3 

READ FIRST TIME 02/01/11.   

     AN ACT Relating to animal health inspections; amending RCW 16.36.040, 16.36.050, 16.36.060, 16.36.113, 16.36.140, 16.57.160, and 16.57.360; adding a new section to chapter 16.57 RCW; and prescribing penalties.

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

Sec. 1   RCW 16.36.040 and 1998 c 8 s 4 are each amended to read as follows:
     (1) The director may adopt and enforce rules necessary to carry out the purpose and provisions of this chapter, and including:
     (a) Preventing the introduction or spreading of infectious, contagious, communicable, or dangerous diseases affecting animals in this state;
     (b) Governing the inspection and testing of all animals within or about to be imported into this state; ((and))
     (c) Designating any disease as a reportable disease; and
     (d) Designating when a certificate of veterinary inspection, import health papers, permits, or other transportation documents required by law or rule must designate a destination with a physical address for animals entering Washington state and when those animals must be delivered or transported directly to the physical address of that destination.
     (2) Rules to prevent the introduction or spread of infectious, contagious, communicable, or dangerous diseases affecting animals in this state may differ from federal regulations by being more restrictive.

Sec. 2   RCW 16.36.050 and 2010 c 66 s 2 are each amended to read as follows:
     (1) It is unlawful for a person to bring an animal into Washington state without first securing a certificate of veterinary inspection, reviewed by the state veterinarian of the state of origin, verifying that the animal meets the Washington state animal health requirements. This subsection does not apply to:
     (a) ((Livestock, which are governed by)) Those animals that qualify for an exemption in RCW 16.36.140; or
     (b) Other animals exempted by the director by rule.
     (2) For animals imported into Washington state it is unlawful for a person to transport or deliver an animal to any physical address other than the physical address of the destination designated by a certificate of veterinary inspection, import health papers, permits, or other transportation documents required by law or rule. The director may exempt animals from this requirement by rule.
     (3) It is unlawful for a person to intentionally falsely make, complete, alter, use, or sign a certificate of veterinary inspection or official animal health document of the department.
     (((3))) (4) It is unlawful for a person to intentionally falsely apply, alter, or remove an official animal health or official animal identification tag, permanent mark, or other device.
     (((4))) (5) It is unlawful for a person to willfully hinder, obstruct, or resist the director, or any peace officer or deputized state veterinarian acting under him or her, when engaged in the performance of their duties.
     (((5))) (6) It is unlawful for a person to willfully fail to comply with or to violate any rule or order adopted by the director under this chapter.

Sec. 3   RCW 16.36.060 and 2010 c 66 s 4 are each amended to read as follows:
     (1) The director has the authority to enter a property at any reasonable time to:
     (a) Conduct tests, examinations, or inspections to take samples, and to examine and copy records when there is reasonable cause to investigate whether animals on the property or that have been on the property are infected with or have been exposed to disease; and
     (b) Determine, when there is reasonable cause to investigate, whether ((livestock)) animals on the property have been imported into Washington state in violation of requirements of this chapter, and to conduct tests, examinations, and inspections, take samples, and examine and copy records during such investigations.
     (2) It is unlawful for any person to interfere with investigations, tests, inspections, or examinations, or to alter any segregation or identification systems made in connection with tests, inspections, or examinations conducted pursuant to subsection (1) of this section.
     (3) If the director is denied access to a property or animals for purposes of this chapter, or a person fails to comply with an order of the director, the director may apply to a court of competent jurisdiction for a search warrant. To show that access is denied, the director shall file with the court an affidavit or declaration containing a description of all attempts to notify and locate the owner or owner's agent and secure consent. The court may issue a search warrant authorizing access to any animal or property at reasonable times to conduct investigations, tests, inspections, or examinations of any animal or property, or to take samples, and examine and copy records, and may authorize seizure or destruction of property.

Sec. 4   RCW 16.36.113 and 2007 c 71 s 4 are each amended to read as follows:
     (1) Any person in violation of this chapter or its rules may be subject to a civil penalty in an amount of not more than one thousand dollars for each violation. Each violation is a separate and distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation is in violation of this chapter or its rules and may be subject to the civil penalty provided in this section. Moneys collected under this section must be deposited in the state general fund.
     (2) The department may charge a time and mileage fee for the cost of an investigation including inspecting animals and related records during an investigation of a proven violation of this chapter. The fee may be up to eighty-five dollars per hour and the current mileage rate set by the office of financial management. The director may increase the hourly fee by rule as necessary to cover costs of investigations. All fees collected pursuant to this subsection shall be deposited in an account in the agricultural local fund and used to carry out the purposes of this chapter.

Sec. 5   RCW 16.36.140 and 2010 c 66 s 3 are each amended to read as follows:
     (1) It is unlawful for a person to bring ((livestock)) an animal into Washington state without first securing a certificate of veterinary inspection, reviewed by the state veterinarian of the state of origin, verifying that the ((livestock)) animal meets Washington state animal health requirements. This subsection does not apply to ((livestock)) animals that:
     (a) Have been exempted by the director by rule; or
     (b) Will be delivered within twelve hours after entry into Washington state to:
     (i) An approved, inspected feed lot for slaughter;
     (ii) A federally inspected slaughter plant; or
     (iii) A licensed public livestock market for sale and subsequent delivery within twelve hours to:
     (A) An approved, inspected feed lot for slaughter; or
     (B) A federally inspected slaughter plant.
     (2) The director may monitor ((livestock)) animals entering Washington state. Persons importing, transporting, receiving, feeding, or housing imported ((livestock)) animals shall:
     (a) Comply with the requirement and any exemptions specified in subsection (1) of this section; and
     (b) Make the ((livestock)) animal and related records available for inspection by the director.
     (3) ((The department may charge a time and mileage fee for inspecting livestock and related records during an investigation of a proven violation of this section. The fee is eighty-five dollars per hour and the current mileage rate set by the office of financial management. The director may increase the hourly fee by rule as necessary to cover costs of investigations. All fees collected pursuant to this subsection shall be deposited in an account in the agricultural local fund and used to carry out the purposes of this chapter.
     (4))) The director may adopt and enforce rules necessary to carry out the purpose and provisions of this section.

Sec. 6   RCW 16.57.160 and 2010 c 66 s 6 are each amended to read as follows:
     (1) The director may adopt rules:
     (a) Designating any point for mandatory inspection of cattle or horses or the furnishing of proof that cattle or horses passing or being transported through the point have been inspected or identified and are lawfully being transported;
     (b) Providing for issuance of individual horse and cattle identification certificates or other means of horse and cattle identification; ((and))
     (c) Designating the documents that constitute other satisfactory proof of ownership for cattle and horses. A bill of sale may not be designated as documenting satisfactory proof of ownership for cattle; and
     (d) Designating when inspection certificates, certificates of permit, or other transportation documents required by law or rule must designate a physical address of a destination. Cattle and horses must be delivered or transported directly to the physical address of that destination.
     (2) A self-inspection certificate may be accepted as satisfactory proof of ownership for cattle if the director determines that the self-inspection certificate, together with other available documentation, sufficiently establishes ownership. Self-inspection certificates completed after June 10, 2010, are not satisfactory proof of ownership for cattle.

NEW SECTION.  Sec. 7   A new section is added to chapter 16.57 RCW to read as follows:
     It is unlawful for a person to transport or deliver cattle or horses to any destination other than the physical address of the destination designated on an inspection certificate, certificate of permit, or other transportation document when required by law or rule. The director may exempt cattle and horses from this requirement by rule.

Sec. 8   RCW 16.57.360 and 2003 c 326 s 42 are each amended to read as follows:
     (1)(a) The department is authorized to issue notices of and enforce civil infractions in the manner prescribed under chapter 7.80 RCW.
     (b) The violation of any provision of this chapter and/or rules adopted under this chapter shall constitute a class I civil infraction as provided under chapter 7.80 RCW unless otherwise specified herein.
     (2) The department may charge a time and mileage fee for the cost of an investigation including inspecting animals and related records during an investigation of a proven violation of this chapter. The fee may be up to eighty-five dollars per hour and the current mileage rate set by the office of financial management. The director may increase the hourly fee by rule as necessary to cover costs of investigations. All fees collected pursuant to this subsection shall be deposited in an account in the agricultural local fund and used to carry out the purposes of this chapter.