H-1907.1  _______________________________________________

                          HOUSE BILL 2052

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State of Washington      55th Legislature     1997 Regular Session

By Representatives Chandler, Clements and Honeyford

Read first time 02/18/97.  Referred to Committee on Agriculture & Ecology.

Allowing referendums on the assessments of agricultural commodity commissions and boards.

    AN ACT Relating to agricultural commodity commissions and boards; amending RCW 43.135.055; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature finds that, in adopting Initiative Measure No. 601, the people of the state of Washington limited fee increases by requiring that any increases in fees beyond the levels expressly allowed under the initiative receive the prior approval of the legislature.  The legislature finds that a more direct system of allowing the people to control fee increases predates Initiative Measure No. 601.  This system developed in agricultural communities and provides these communities with direct control of the fees of the agricultural commodity commissions they created to serve them.  The system requires those who pay the assessments levied by commodity commissions and boards to approve of assessment increases by referendum.  It is at the heart of the statutes and marketing orders and agreements under which agricultural commodity commissions and boards are created.  The legislature does not believe that the adoption of Initiative Measure No. 601 was intended to dilute in any manner this more direct control held by the people governed by commodity commissions or boards over the fees they pay in the form of such assessments.  Therefore, the legislature defers to this more direct control of these assessments so long as the authority to approve or disapprove of increases in these assessments is by referendum held directly by those who pay them.

    Sec. 2.  RCW 43.135.055 and 1994 c 2 s 8 are each amended to read as follows:

(1) No fee may increase in any fiscal year by a percentage in excess of the fiscal growth factor for that fiscal year without prior legislative approval.

(2) This section does not apply to an assessment made by an agricultural commodity commission or board created by state law or created under a marketing agreement or order under chapter 15.65 or 15.66 RCW if the assessment is approved by referendum in accordance with the provisions of the statutes creating the commission or board or chapter 15.65 or 15.66 RCW for approving such assessments.

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