S-1684.3          _______________________________________________


                            SUBSTITUTE SENATE BILL 5626



State of Washington              52nd Legislature             1991 Regular Session


By Senate Committee on Environment & Natural Resources (originally sponsored by Senators McMullen, Amondson and Snyder; by request of Washington Hardwoods Commission).


Read first time March 6, 1991.Revising provisions relating to the hardwood commission.

     AN ACT Relating to the hardwood commission; amending RCW 15.74.030 and 15.74.060; adding a new section to chapter 15.74 RCW; and declaring an emergency.




     Sec. 1.  RCW 15.74.030 and 1990 c 142 s 4 are each amended to read as follows:

     The commission shall have the power to elect a chair and such officers as the commission deems necessary and advisable.  The commission shall elect a treasurer who shall be responsible for all receipts and disbursements by the commission.  The treasurer's faithful discharge of duties shall be guaranteed by a bond at the sole expense of the commission.  The commission shall adopt rules for its governance, which shall provide for the holding of an annual meeting for the election of officers and the transaction of other business and for such other meetings as the commission may direct.  The commission shall do all things reasonably necessary to effect the purposes of this chapter.  The commission shall have no legislative power.  The commission may employ and discharge managers, secretaries, agents, attorneys, and other employees or staff, and may engage the services of independent contractors, prescribe their duties, and fix their compensation.  Each member of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses at the rates allowed state employees in accordance with RCW 43.03.050 and 43.03.060.


     NEW SECTION.  Sec. 2.  A new section is added to chapter 15.74 RCW to read as follows:

     Any due and payable assessment levied under this chapter in such specified amount as may be determined by the commission shall constitute a personal debt of every person so assessed or who otherwise owes the same, and the same shall be due and payable to the commission when payment is called for by the commission.  In the event any person fails to pay the commission the full amount of such assessment or such other sum on or before the date due, the commission may, and is hereby authorized to, add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collecting of the same.  In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the commission may bring a civil action against such person or persons in a court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.


     Sec. 3.  RCW 15.74.060 and 1990 c 142 s 7 are each amended to read as follows:

     To provide for permanent funding of the Washington hardwoods commission, agricultural commodity assessments shall be levied by the commission on processors of hardwoods.  ((The commission shall determine by December 31, 1990, a method and rate of assessment on processors as well as a work plan for the commission.  The commission shall report to the natural resource and revenues committees of each house of the legislature at that time.))

     An assessment is hereby levied on hardwood processors operating within the state of Washington.  The assessment categories shall be based on the hardwood processor's production per calendar quarter.  The assessment shall be levied based upon the following schedule:



                   (THOUSAND TONS)


     1                  5   to    7.5                         $   150

     2                  7.5 to   15                                $   300

     3                 15   to   25                                 $   600

     4                 25   to   35                                 $   900

     5                 35   to   45                                 $ 1,200

     6                 45   to   62.5                          $ 1,500

     7                 62.5 to   82.5                          $ 2,250

     8                 82.5 to  125                                 $ 3,000

     9                125   to  175                                 $ 4,500

   10                175   to  250                                 $ 6,000

   11                250   to  350                                 $ 9,000

   12                350   to  450                                 $12,000

   13                450   to  625                                 $15,000

   14                625   to  875                                 $22,500

   15                875   to 1125                                 $30,000

   16                Over 1125                                     $35,000

     The commission may develop by rule formulas for converting other units of measure to thousands of tons of production for determining the appropriate production category.  The assessment shall be calculated based upon calendar quarters with the first assessment period beginning July 1, 1991.


     NEW SECTION.  Sec. 4.  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 shall take effect immediately.