H-1922.2  _______________________________________________

                          HOUSE BILL 2053

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State of Washington      55th Legislature     1997 Regular Session

By Representatives Chandler and Clements

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

Requiring referenda on commodity assessments.

    AN ACT Relating to referenda on commodity assessments; and amending RCW 15.28.180.

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

    Sec. 1.  RCW 15.28.180 and 1992 c 87 s 1 are each amended to read as follows:

(1) The same assessment shall be made for each soft tree fruit, except that if a two-thirds majority of the state commodity committee of any fruit recommends in writing the levy of an additional assessment on that fruit, or any classification thereof, for any year or years, the commission may levy such assessment for that year or years up to the maximum of eighteen dollars for each two thousand pounds of any fruit except cherries or any classification thereof, as to which the assessment may be increased to a maximum of thirty dollars for each two thousand pounds, and except pears covered by this chapter, as to which the assessment may be increased to a maximum of eighteen dollars for each two thousand pounds:  PROVIDED, That no increase in the assessment on pears becomes effective unless the increase is first referred by the commission to a referendum by the Bartlett pear growers of the state and is approved by a majority of the growers voting on the referendum.  The method and procedure of conducting the referendum shall be determined by the commission.  Any funds so raised shall be expended solely for the purposes provided in this chapter and solely for such fruit, or classification thereof.

    The commission has the authority in its discretion to exempt in whole or in part from future assessments under this chapter, during such period as the commission may prescribe, any of the soft tree fruits or any particular strain or classification of them.

(2) No assessment levied under this chapter may be increased in excess of the fiscal growth factor as determined under chapter 43.135 RCW unless the assessment is approved by a majority of the persons who are subject to the assessment in a vote conducted by referendum on the increased assessment.  The method and procedure of conducting the referendum shall be determined by the commission.

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