AN
ACT Relating to authorizing fees for commodity commissions and the department
of agriculture; amending RCW 43.135.055, 15.28.180, 15.86.070, 22.09.050, and
22.09.055; adding a new section to chapter 43.23 RCW; creating a new section;
providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that Initiative Measure No. 601, adopted by the people of the
state of Washington, limits 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 statute 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.
Sec.
3. 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)
An assessment levied under this chapter may be increased in excess of the
fiscal growth factor as determined under chapter 43.135 RCW if the assessment
is submitted by referendum to the growers who are subject to the assessment and
the increase is approved by a majority of those voting on the referendum. The
method and procedure of conducting the referendum shall be determined by the
commission.
Sec.
4. RCW
15.86.070 and 1992 c 71 s 10 are each amended to read as follows:
(1)
The director may adopt rules establishing a certification program for
producers, processors, and vendors of organic or transition to organic food.
The rules may govern, but are not limited to governing: The number and
scheduling of on-site visits, both announced and unannounced, by certification
personnel; recordkeeping requirements; and the submission of product samples
for chemical analysis. The rules shall include a fee schedule that will
provide for the recovery of the full cost of the organic food program. Fees
collected under this section shall be deposited in an account within the
agricultural local fund and the revenue from such fees shall be used solely for
carrying out the provisions of this section, and no appropriation is required
for disbursement from the fund. The director may employ such personnel as are
necessary to carry out the provisions of this section.
(2)
The fees established under this section may be increased in excess of the
fiscal growth factor as provided in RCW 43.135.055 for the fiscal year ending
June 30, 1998.
NEW
SECTION. Sec. 5. A
new section is added to chapter 43.23 RCW to read as follows:
The
director may collect moneys to recover the reasonable costs of publishing and
disseminating informational materials by the department. Materials may be disseminated
in printed or electronic format. All moneys collected shall be deposited in
the agricultural local fund or other appropriate fund administered by the
director.
Sec.
6. RCW
22.09.050 and 1994 c 46 s 4 are each amended to read as follows:
Any
application for a license to operate a warehouse shall be accompanied by a
license fee of ((twelve hundred)) one thousand three hundred fifty
dollars for a terminal warehouse, ((nine hundred)) one thousand fifty
dollars for a subterminal warehouse, and ((three hundred and fifty)) five
hundred dollars for a country warehouse. If a licensee operates more than
one warehouse under one state license as provided for in RCW 22.09.030, the
license fee shall be computed by multiplying the number of physically separated
warehouses within the station by the applicable terminal, subterminal, or
country warehouse license fee.
If an application for renewal of a warehouse license or licenses is
not received by the department prior to the renewal date or dates established
by the director by rule, a penalty of fifty dollars for the first week and one
hundred dollars for each week thereafter shall be assessed and added to the
original fee and shall be paid by the applicant before the renewal license may
be issued. This penalty does not apply if the applicant furnishes an affidavit
certifying that he has not acted as a warehouseman subsequent to the expiration
of his or her prior license.
Sec.
7. RCW
22.09.055 and 1994 c 46 s 5 are each amended to read as follows:
An
application for a license to operate as a grain dealer shall be accompanied by
a license fee of ((six hundred)) seven hundred fifty dollars.
The license fee for exempt grain dealers shall be ((one hundred fifty)) three
hundred dollars.
If
an application for renewal of a grain dealer or exempt grain dealer license is
not received by the department before the renewal date or dates established by
the director by rule, a penalty of fifty dollars for the first week and one
hundred dollars for each week thereafter shall be assessed and added to the
original fee and shall be paid by the applicant before the renewal license may
be issued. This penalty does not apply if the applicant furnishes an affidavit
certifying that he has not acted as a grain dealer or exempt grain dealer after
the expiration of his or her prior license.
NEW
SECTION. Sec. 8.
Sections 6 and 7 of this act take effect July 1, 1998.
NEW SECTION. Sec. 9.
Sections 1 through 3 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and take effect immediately.
