SENATE BILL REPORT

                   SB 6158

              As Passed Senate, February 12, 1998

Title:  An act relating to eliminating duplicate authority for the Washington state wheat commission.

Brief Description:  Repealing duplicate authority for the Washington state wheat commission.

Sponsors:  Senators Morton and Rasmussen.

Brief History:

Committee Activity:  Agriculture & Environment:  1/14/98, 1/20/98 [DP].

Passed Senate, 2/12/98, 42-0.

SENATE COMMITTEE ON AGRICULTURE & ENVIRONMENT

Majority Report:  Do pass.

  Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.

Staff:  Bob Lee (786-7404)

Background:  Most agricultural commodity commissions have been formed pursuant to two general state enabling statutes:  the 1961 Agricultural Enabling Act and the 1955 Agricultural Enabling Act.  Approximately 20 agricultural commodity commissions have been formed under these two chapters, including the present Washington Wheat Commission.

The Washington Wheat Commission was formed in 1957 under the 1955 Commodity Commission Enabling Act. However, in 1961 pending litigation challenging the constitutionality of the 1955 statute generated concern by the Wheat Commission.  To address this concern, a separate chapter of law was enacted and is now codified as Chapter 15.63 RCW.  It is titled the "Washington State Wheat Commission Act."

Because the legal action challenging against the constitutionality of the 1955 enabling statute was unsuccessful, transition by the Wheat Commission to Chapter 15.63 RCW never occurred.  The Washington Wheat Commission continues operating under the 1955 general commodity commission enabling chapter.

Summary of Bill:  The unused chapter of law, Chapter 15.63 RCW, is repealed.  The existing statute  under which the Washington Wheat Commission is established is not affected.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  None.

Testimony Against:  None.

Testified:  No one.