SENATE BILL REPORT

                   SB 6255

              As Reported By Senate Committee On:

          Agriculture & Environment, January 29, 1998

Title:  An act relating to apiaries.

Brief Description:  Modifying the duties of the apiary committee and repealing the industry apiary program.

Sponsors:  Senator Morton.

Brief History:

Committee Activity:  Agriculture & Environment:  1/19/98, 1/29/98 [DPS].

SENATE COMMITTEE ON AGRICULTURE & ENVIRONMENT

Majority Report:  That Substitute Senate Bill No. 6255 be substituted therefor, and the substitute bill do pass.

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

Staff:  Bob Lee (786-7404)

Background:  In previous years, the apiary inspection program was established to control the spread of American foul brood and other contagious bee diseases.  The program consisted of requirements to register the location of hives, to inspect hives for disease, to quarantine infected hives, and to inspect bees and used equipment prior to entry into the state.

Methods to control these diseases have been developed, which have resulted in activities performed by the apiary program to change.  The program's focus has shifted away from regulation and inspection.  A business plan has been developed by the department to establish a new direction for the program.

A consensus has not been reached within the apiary industry as to the direction and need for continuing a program.

There are two separate chapters of law, Chapters 17.21 and 15.60 RCW, that provide the Department of Agriculture with similar authority to take action to control the spread of diseases and pests that affect honey bees. 

Prior to 1994, the Apiary Program was funded by appropriations from the state general fund.  In 1994, the Office of Financial Management deleted general fund monies for the program.  As a result, two mechanisms were established to continue funding the apiary program:  a 50 cent per hive pollination service fee collected from the horticultural industry, and a registration fee for apiarists ranging from $5 to $300 depending on the number of registered hives.

In 1989, a statute authorized the formation of a Honey Bee Commission.  The commission has not been established and the statute does not provide a means to activate the commission. 

Summary of Substitute Bill:  A petition may be filed with the Department of Agriculture to form a Honey Bee Commission.  The petition is required to contain signatures by at least 15 percent of the registered apiarists who represent at least 15 percent of the hives.  A referendum of apiarists is then required to be conducted to determine whether there is support for the formation of a commission.  A commission is established if a majority of the apiarists vote in favor and if those voting in favor represent a majority of the hives.

If the vote to form a commission is approved, there is a process for nomination and election of commission members by vote of apiarists for specific geographic regions.  The commission may assess up to 50 cents per hive to fund the activities of the commission.  If the commission desires additional revenue, approval by a super majority is required.

The existing graduated registration fee is replaced with a flat fee of $15.  Registration and payment of the fee is voluntary for persons with between one and five hives.  This provision takes effect on January 1, 1999. 

Authority to regulate the apiary industry is continued under Chapter 17.24 RCW.  Similar duplicate authority contained in Chapter 15.60 RCW is repealed.  Authority for current activities outlined in the Apiary Program Business Plan are transferred to the Honey Bee Commission.  Additionally, the Honey Bee Commission is authorized to identify and fund research projects to control bee pests and other activities to improve the viability of the apiary industry.

The Apiary Advisory Committee is modified so that it can be convened to advise the Director of Agriculture on proposed rules or to address issues of immediate concerns.

Most changes to the Honey Bee Commission take effect immediately.  The authority for the commission to establish a fee of up to 50 cents per hive takes effect on January 1, 1999.  The pollination service fee of 50 cents per hive is repealed on January 1, 1999.  The repeal of specific provisions of Chapter 15.60 takes effect on January 1, 1999.

Substitute Bill Compared to Original Bill:  The substitute bill provides for a petition to call for a vote by apiarist as to whether to create a Honey Bee Commission.

Appropriation:  None.

Fiscal Note:  Requested on January 13, 1998.

Effective Date:  There are numerous effective dates; please refer to the bill.

Testimony For:  Two bills were heard concurrently; one to continue the current apiary program, and the other to repeal the apiary program. 

The current apiary program administered by the Department of Agriculture is beneficial to apiarists and should be continued.  Fees to support the apiary program should be borne by the apiary sector and not orchardists.  Repeal of the program would be short-sighted.  There is need to maintain standby authority for the Department of Agriculture to take action to regulate apiaries if necessary to prevent the spread of bee pests and diseases.  Monies should be made available from the state general fund for protection of pollinating insects.  More research is needed.  A program is needed to reduce the effects of pesticides on bees.  A lot of today's commercial beekeepers started out as hobby beekeepers and hobbyists need assistance to get started.  Commercial beekeepers have benefitted from the current program and losses of bees to pest and diseases have been reduced as a result of the current program.  Colony strength inspections need to continue.

Testimony Against:  The current apiary program administered by the Department of Agriculture is not beneficial to apiarists and should be abolished.  During discussions in previous years, persons were told that research would be conducted on issues that face the apiary industry but the research did not happen.  Fees to support the apiary program should be abolished.  Reports of surveys by one  apiary association indicate support for repeal of  the apiary program.  Horticulturists no longer support paying a pollination service fee for support of the current apiary program.  Most bees come from another state and migratory beekeepers do not benefit nor support paying costs associated with the apiary program. Some high schools provide courses on beekeeping and there is not a need for a state apiary program.  The inspection program should be discontinued as it has been in other states.  Washington State University is already conducting research into bee issues.  Pesticides are a big problem and is what the state should focus on if it wants to help the apiary industry.  A small number of beekeepers are paying the majority of costs for a program that benefits everyone else.

Testified:  Rod Jackman, WPBA (con); Ron Brixey, bee broker/grower (con); Eric Olson, Harvard Robbins, AAC (con); Carl VanWechel, bee broker (con); Bob Stump, Washington State Beekeepers Association (con); John Timmons, Puget Sound Beekeepers (con); Darrel Massey, Washington State Beekeepers (con); Robert Bower, Four B=s Farm (con); Paul Schlenvogt, Washington Professional Beekeepers Association (pro); Dean Spellman (pro); Ted Warch, Larry Dickson, Clark Co. Beekeepers Association (pro); Chester Ferguson, WPBA President (pro); Mary Beth Lang, WSDA.