AN
ACT Relating to the Washington state beef commission; amending RCW 16.67.040,
16.67.090, 16.67.100, 16.67.110, 16.67.120, 16.67.122, and 16.67.130; and
repealing RCW 16.67.150.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
16.67.040 and 1997 c 363 s 1 are each amended to read as follows:
There
is hereby created a Washington state beef commission to be thus known and
designated. The commission shall be composed of two beef producers, two dairy
(beef) producers, two feeders, one livestock salesyard operator, and one meat
packer. If an otherwise voting member is elected as the chair of the
commission, the member may, during the member's term as chair of the
commission, cast a vote as a member of the commission only to break a tie
vote. In addition there ((will)) may be one ex officio member
without the right to vote from the department of agriculture to be designated
by the director thereof and, if the commission so chooses, one additional
nonvoting member in an advisory capacity appointed by the voting members of the
commission for such a term as the voting members may set.
A
majority of voting members shall constitute a quorum for the transaction of any
business.
All
appointed members as stated in RCW 16.67.060 shall be citizens and residents of
this state, over the age of twenty-five years, each of whom is and has been
actually engaged in that phase of the cattle industry he or she represents for
a period of five years, and has during that period derived a substantial
portion of his or her income therefrom, or have a substantial investment in
cattle as an owner, lessee, partner, or a stockholder owning at least ten
percent of the voting stock in a corporation engaged in the production of
cattle or dressed beef, or a manager or executive officer of such corporation.
Producer members of the commission shall not be directly engaged in the
business of being a meat packer, or as a feeder, feeding cattle other than
their own. Said qualifications must continue throughout each member's term of
office.
Sec.
2. RCW
16.67.090 and 1982 c 81 s 3 are each amended to read as follows:
The
powers and duties of the commission shall include the following:
(1)
To administer and enforce the provisions of this chapter, and do all things
reasonably necessary to effectuate the purposes of this chapter;
(2)
To elect a chairman and such other officers as it deems advisable;
(3)
To employ and discharge at its discretion a manager, secretary, and such other
personnel, including attorneys engaged in the private practice of law subject to
the approval and supervision of the attorney general, as the commission
determines are necessary and proper to carry out the purposes of this chapter,
and to prescribe their duties and powers and fix their compensation;
(4)
To adopt, rescind, and amend rules, regulations and orders for the exercise of
its powers hereunder subject to the provisions of chapter 34.05 RCW
(Administrative Procedure Act) as now or hereafter amended;
(5)
To establish by resolution, a headquarters which shall continue as such unless
and until so changed by the commission. All records, books and minutes of the
commission shall be kept at such headquarters;
(6)
To require a bond of all commission members and employees of the commission in
a position of trust in the amount the commission shall deem necessary. The
premium for such bond or bonds shall be paid by the commission from assessments
collected. Such bond shall not be necessary if any such commission member or
employee is covered by any blanket bond covering officials or employees of the
state of Washington.
(7)
To establish a beef commission revolving fund, such fund to be deposited in a
bank or banks or financial institution or institutions, approved for the
deposit of state funds, in which all money received by the commission, except
an amount of petty cash for each day's needs not to exceed one hundred dollars,
shall be deposited each day or as often during the day as advisable; none of
the provisions of RCW 43.01.050 as now or hereafter amended shall apply to
money collected under this chapter;
(8)
To prepare a budget or budgets covering anticipated income and expenses to be
incurred in carrying out the provisions of this chapter during each fiscal
year;
(9)
To incur expense and enter into contracts and to create such liabilities as may
be reasonable for the proper administration and enforcement of this chapter;
(10)
To borrow money, not in excess of its estimate of its revenue from the current
year's contributions;
(11)
To keep or cause to be kept in accordance with accepted standards of good
accounting practice, accurate records of all assessments, expenditures, moneys
and other financial transactions made and done pursuant to this chapter. Such
records, books and accounts shall be audited at least every five years subject
to procedures and methods lawfully prescribed by the state auditor. Such books
and accounts shall be closed as of the last day of each fiscal year ((of the
state of Washington)). A copy of such audit shall be delivered within
thirty days after completion thereof to the director, the state auditor and the
commission. On such years and in such event the state auditor is unable to
audit the records, books and accounts within six months following the close of
the audit period it shall be mandatory that the commission employ a private
auditor to make such audit;
(12)
To sue and be sued as a commission, without individual liability for acts of
the commission within the scope of the powers conferred upon it by this
chapter;
(13)
To cooperate with any other local, state, or national commission, organization
or agency, whether voluntary or established by state or federal law, including
recognized livestock groups, engaged in work or activities similar to the work
and activities of the commission created by this chapter and make contracts and
agreements with such organizations or agencies for carrying on joint programs
beneficial to the beef industry;
(14)
To accept grants, donations, contributions or gifts from any governmental
agency or private source for expenditures for any purpose consistent with the
provisions of this chapter;
(15)
To operate jointly with beef commissions or similar agencies established by
state laws in adjoining states.
Sec.
3. RCW
16.67.100 and 1969 c 133 s 9 are each amended to read as follows:
The
commission shall hold regular meetings, at least quarterly, with the time and
date thereof to be fixed by resolution of the commission.
The
commission shall hold an annual meeting((, at which time an annual report
will be presented)). The proposed budget shall be presented for discussion
at the meeting. Notice of the annual meeting shall be given by the commission
at least ten days prior to the meeting by public notice of such meeting
published in newspapers of general circulation in the state of Washington, by
radio and press releases and through trade publications.
The
commission shall establish by resolution, the time, place and manner of calling
special meetings of the commission with reasonable notice to the members:
PROVIDED, That, the notice of any special meeting may be waived by a waiver
thereof by each member of the commission.
Sec.
4. RCW
16.67.110 and 1969 c 133 s 10 are each amended to read as follows:
The
commission shall provide for programs designed to increase the consumption of
beef; develop more efficient methods for the production, processing, handling
and marketing of beef; eliminate transportation rate inequalities on feed grains
and supplements and other production supplies adversely affecting Washington
producers; properly identify beef and beef products for consumers as to quality
and origin. For these purposes the commission may:
(1)
Provide for programs for advertising, sales promotion and education, locally,
nationally or internationally, for maintaining present markets and/or creating
new or larger markets for beef. Such programs shall be directed toward
increasing the sale of beef ((without reference to any particular brand or
trademark)) and shall neither make use of false or unwarranted claims in
behalf of beef nor disparage the quality, value, sale or use of any other
agricultural commodity;
(2)
Provide for research to develop and discover the health, food, therapeutic and
dietetic value of beef and beef products thereof;
(3)
Make grants to research agencies for financing studies, including funds for the
purchase or acquisition of equipments and facilities, in problems of beef
production, processing, handling and marketing;
(4)
Disseminate reliable information founded upon the research undertaken under
this chapter or otherwise available;
(5)
Provide for rate studies and participate in rate hearings connected with
problems of beef production, processing, handling or marketing; and
(6)
Provide for proper labeling of beef and beef products so that the purchaser and
the consuming public of the state will be readily apprised of the quality of
the product and how and where it was processed.
Sec.
5. RCW
16.67.120 and 1987 c 393 s 11 are each amended to read as follows:
(1)
((Except as provided in subsection (2) of this section,)) There
is hereby levied an assessment of fifty cents per head on all Washington cattle
sold in this state or elsewhere to be paid by the seller at the time of sale:
((PROVIDED, That if the assessment levied pursuant to this section is
greater than one percent of the sales price, the animal is exempt from the
assessment unless the federal order implementing the national beef promotion
and research program establishes an assessment on these animals:))
PROVIDED ((FURTHER)), That if such sale is accompanied by a brand
inspection by the department such assessment ((shall)) may be
collected at the same time, place and in the same manner as brand inspection
fees. Such fees ((shall)) may be collected by the livestock
services division of the department and transmitted to the commission:
PROVIDED FURTHER, That, if such sale is made without a brand inspection by the
department the assessment shall be paid by the seller and transmitted directly
to the commission ((not later than thirty days following the sale)) by
the fifteenth day of the month following the month the transaction occurred.
(2)
((While the federal order implementing the national beef promotion and
research program is in effect, the assessment to be levied and)) The
procedures for ((its collection)) collecting all state and federal
assessments under this chapter shall be as required by the federal order
and as described by rules adopted by the commission.
Sec.
6. RCW
16.67.122 and 1986 c 190 s 1 are each amended to read as follows:
In
addition to the assessment authorized pursuant to RCW 16.67.120, the commission
((shall have)) has the authority to collect an additional
assessment of ((fifty cents)) one dollar per head for cattle
subject to assessment by federal order for the purpose of providing funds for a
national beef promotion and research program. The manner in which this assessment
will be levied and collected shall be established by rule. The authority to
collect this assessment shall be contingent upon the implementation of federal
legislation providing for a national beef promotion and research program and
the establishment of the assessment requirement to fund its activities.
Sec.
7. RCW
16.67.130 and 1969 c 133 s 12 are each amended to read as follows:
Any
due and payable assessment levied under the provisions of this chapter shall
constitute a personal debt of every person so assessed or who otherwise owes
the same and shall be due and payable ((within thirty days from the date it
becomes first due the commission)) on the fifteenth day of the month
following the month the transaction occurred. In the event any such person
fails to pay the full amount within such ((thirty days)) time,
the commission shall add to such unpaid assessment an amount of ten percent of
the unpaid assessment to defray the cost of collecting the same. In the event
of failure of such person to pay such due and payable assessment, the
commission may bring civil action against such person in a state court of
competent jurisdiction for the collection thereof, together with the above
specified ten percent thereon and any other additional necessary reasonable
costs including attorneys' fees. Such action shall be tried and judgment
rendered as in any other cause of action for debt due and payable.
NEW SECTION. Sec. 8. RCW
16.67.150 (Sales of milk production animals exempted from
assessment--Exception) and 1986 c 190 s 3 & 1969 c 133 s 14 are each
repealed.
