Brief Description: Addressing membership on the apple commission.

Sponsors: Senators Rasmussen and King; by request of Washington Apple Commission.

Senate Committee on Agriculture & Rural Economic Development
House Committee on Agriculture & Natural Resources

Background: The Washington Apple Commission (Commission) is composed of 15 members including nine apple producers, four apple dealers, and the Director of the Department of Agriculture. The term of office is three years. If a vacancy occurs, a procedure exists for filling the vacancy.

The procedures for selecting the members to serve on the Commission were modified in 2004 in accordance with the advice of the Attorney General's Office following court rulings affecting the operation of the Commission.

The process for selecting Commission members includes a nomination process, holding an advisory election, and forwarding the two candidates names receiving the most votes for potential appointment by the Director.

To nominate a person, a public meeting is convened during the annual meeting of apple producers. A person may be nominated orally at that meeting, or nominations may be made within five days after the meeting by written petition signed by not less than five apple growers or dealers. If only two persons are nominated, an advisory vote need not be held and the candidate's names must be forwarded to the Director for potential appointment.

Under current law, if only one candidate is nominated, the Commission is required to select a second candidate and forward that person's name to the Director.

Summary: Instead of requiring the Commission to submit a second name to the Director, explicit authority is provided for the Director to appoint or to reject the sole nominee.

If a Commission member fails or refuses to perform his or her duties due to excessive absence, dishonesty, or willful misconduct, the Commission may recommend that the Commission member be removed. The recommendation is submitted to the Director for determination as to whether adequate cause for removal exists. The Director may remove the member and may declare the position vacant which must then be re-filled.

Votes on Final Passage:

Senate      44   0
House      95   0

Effective: June 12, 2008