BILL REQ. #:  S-0967.1 

Read first time 01/29/2003.   Referred to Committee on Agriculture.

     AN ACT Relating to the state agricultural commodity commissions; and amending RCW 15.66.030, 15.66.140, and 15.66.185.

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

Sec. 1   RCW 15.66.030 and 2002 c 313 s 40 are each amended to read as follows:
     Marketing orders may be made for any one or more of the following purposes:
     (1) To establish plans and conduct programs for advertising and sales promotion, to maintain present markets, or to create new or larger markets for any agricultural commodity grown in the state of Washington;
     (2) To provide for carrying on research studies to find more efficient methods of production, irrigation, processing, transportation, handling, and marketing of any agricultural commodity;
     (3) To provide for improving standards and grades by defining, establishing, and providing labeling requirements with respect to the same;
     (4) To investigate and take necessary action to prevent unfair trade practices;
     (5) To provide information or communicate on matters pertaining to the production, irrigation, processing, transportation, marketing, or uses of an agricultural commodity produced in Washington state to any elected official or officer or employee of any agency;
     (6) To provide marketing information and services for producers of an agricultural commodity;
     (7) To provide information and services for meeting resource conservation objectives of producers of an agricultural commodity;
     (8) To engage in cooperative efforts in the domestic or foreign marketing of food products of an agricultural commodity; ((and))
     (9) To provide for commodity-related education and training; and
     (10) To assist and cooperate with the department or any other local, state, or federal government agency in the investigation and control of exotic pests and diseases that could damage or affect trade of the affected commodity.

Sec. 2   RCW 15.66.140 and 2002 c 313 s 57 are each amended to read as follows:
     Every commodity commission shall have such powers and duties in accordance with provisions of this chapter as may be provided in the marketing order and shall have the following powers and duties:
     (1) To elect a chair and such other officers as determined advisable;
     (2) To adopt, rescind and amend rules and regulations reasonably necessary for the administration and operation of the commission and the enforcement of its duties under the marketing order;
     (3) To administer, enforce, direct and control the provisions of the marketing order and of this chapter relating thereto;
     (4) To employ and discharge at its discretion such administrators and additional personnel, attorneys, advertising and research agencies and other persons and firms that it may deem appropriate and pay compensation to the same;
     (5) To acquire personal property and purchase or lease office space and other necessary real property and transfer and convey the same;
     (6) To institute and maintain in its own name any and all legal actions, including actions by injunction, mandatory injunction or civil recovery, or proceedings before administrative tribunals or other governmental authorities necessary to carry out the provisions of this chapter and of the marketing order;
     (7) To keep accurate records of all its receipts and disbursements, which records shall be open to inspection and audit by the state auditor or private auditor designated by the state auditor at least every five years;
     (8) Borrow money and incur indebtedness;
     (9) Make necessary disbursements for routine operating expenses;
     (10) To expend funds for commodity-related education, training, and leadership programs as each commission deems expedient;
     (11) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes provided in the commission's marketing order;
     (12) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local, to carry out the purposes provided in the commission's marketing order. Personal service contracts must comply with chapter 39.29 RCW;
     (13) To accept and expend or retain any gifts, bequests, contributions, or grants from private persons or private and public agencies to carry out the purposes provided in the commission's marketing order;
     (14) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of an affected commodity;
     (15) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of a commission. The retention of a private attorney is subject to review by the office of the attorney general;
     (16) To engage in appropriate fund-raising activities for the purpose of supporting activities of the commission authorized by the marketing order;
     (17) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of affected commodities including activities authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission;
     (18) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of the marketing order and data on the value of each producer's production for a minimum three-year period;
     (19) To maintain a list of the names and addresses of persons who handle the affected commodity within the affected area and data on the amount and value of the commodity handled for a minimum three-year period by each person; ((and))
     (20) To request records and audit the records of producers or handlers of the affected commodity during normal business hours to determine whether the appropriate assessment has been paid;
     (21) To acquire or own intellectual property rights, licenses, or patents and to collect royalties resulting from commission-funded research related to the affected commodity; and
     (22) Such other powers and duties that are necessary to carry out the purposes of this chapter.

Sec. 3   RCW 15.66.185 and 2002 c 313 s 62 are each amended to read as follows:
     (1) Any funds of any agricultural commodity commission may be invested in savings or time deposits in banks, trust companies, and mutual savings banks that are doing business in the United States, up to the amount of insurance afforded such accounts by the Federal Deposit Insurance Corporation.
     (2) This section shall apply to all funds which may be lawfully so invested, which in the judgment of any agricultural commodity commission are not required for immediate expenditure. The authority granted by this section is not exclusive and shall be construed to be cumulative and in addition to other authority provided by law for the investment of such funds, including, but not limited to, authority granted under chapters 39.58, 39.59, and 43.84 RCW.