SENATE BILL REPORT

HB 1138

BYRepresentatives Baugher, McLean, Crane, Heavey, Rayburn, Haugen, Scott, Grant, Jesernig, Sayan, Hargrove, Rasmussen, Bristow, Ballard, Moyer, Smith, Patrick, Zellinsky, S. Wilson, R. King, Pruitt, Doty, Nealey, Fuhrman, Walk, H. Myers, Rector and Sprenkle

Creating a honey bee commission.

House Committe on Agriculture & Rural Development

Senate Committee on Agriculture

Senate Hearing Date(s):March 16, 1989

Majority Report:  Do pass.

      Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Gaspard, Hansen, Madsen, Newhouse.

Senate Staff:John Stuhlmiller (786-7446)

                  March 16, 1989

AS REPORTED BY COMMITTEE ON AGRICULTURE, MARCH 16, 1989

BACKGROUND:

Several agricultural commodity commissions have been created by statute.  Others have been created under marketing agreements or orders created and approved under the 1955 and 1961 Agricultural Enabling Acts.

The Department of Agriculture administers the Agricultural Enabling Acts and state laws regarding honey bees.

SUMMARY:

The Washington State Honey Bee Commission is established subject to approval by a referendum voted upon by apiarists, brokers manufacturers, processors, and first handlers.  The commission is an 11 member board composed of:  seven elected apiarists from certain designated districts; three persons appointed by the Director of Agriculture representing:  manufacturers and brokers of apiary industry products; processors and first handlers; and nonresidents who are affected parties.  The Director of Agriculture is a nonvoting, ex-officio member.

An apiarist is defined as a person who owns, operates, manages, or brokers ten or more honey bee colonies or any volunteer participant with less than ten colonies.

A first handler is a person who imports industry products or bee supplies and equipment into Washington for processing, packing, or sale in the state.

Referenda.  A referendum on the creation of the commission, and on any increases in the assessment later proposed by the commission, must be approved by:  (1) 51 percent of the apiarists and brokers representing 66 percent of the colonies, or 66 percent of the apiarists and brokers representing 51 percent of the colonies; and (2) 51 percent of the manufacturers, processors, and first handlers representing 66 percent of industry products sold, or 66 percent of the manufacturers, processors, and first handlers representing 51 percent of industry products sold. 

A referendum must be held seven years after the inception of the commission to determine whether the commission should continue to exist.

Assessment.  If the initial referendum is approved, an annual assessment of 25 cents per colony is established, and shall be collected by the commission.  A minimum assessment of $10 is established.

Commission.  The powers and duties of the commission are to include:  hiring employees; contracting for scientific research; entering advertising contracts; conducting educational programs; and proposing changes in assessment rates.  Commission members are to be reimbursed for their travel expenses.  Nomination and election procedures for commission members are established.  The commission must reimburse the Director of Agriculture for the costs of conducting elections and referenda.

The state is not liable for the acts of the commission.  No member or employee of the commission is liable for contracts of the commission.  All liabilities are limited to and payable only from funds collected as assessments.

Records, Audits and Violations.  Affected parties are required to keep certain records and the commission is authorized to conduct audits.  Violations of the commission statutes or rules are misdemeanors. All assessments and interest on delinquent assessments are the personal debt of those assessed.  The interest rate to be assessed on delinquent assessments is set at 1 percent per month.

Appropriation:    none

Revenue:    yes

Fiscal Note:      available

Senate Committee - Testified: Robert Clark, President, Washington State Beekeepers Association (pro); Carl VanWechel, Chair, Washington State Bee Comm.; Elwood Sires, Washington State Beekeepers Association (pro); Alice Bounds, Washington State Bee Keepers Association; Wayne Robinson, Friends Wash. Beekeepers (pro)