BILL REQ. #:  H-4256.1 

Read first time 01/25/10.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the Washington tree fruit research commission; and amending RCW 15.26.110.

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

Sec. 1   RCW 15.26.110 and 1969 c 129 s 11 are each amended to read as follows:
     The powers of the commission shall include the following:
     (1) To elect a ((chairman)) chair, treasurer, and such other officers as it deems advisable;
     (2) To adopt any rules ((and regulations)) necessary to carry out the purposes and provisions of this chapter, in conformance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW, as enacted or hereafter amended;
     (3) To administer and carry out the provisions of this chapter and do all those things necessary to carry out its purposes;
     (4) To employ and at its pleasure discharge a manager, secretary, agents, and employees as it deems necessary, and prescribe their duties and fix their compensation;
     (5) To own, lease or contract for any real or personal property necessary to carry out the purposes of this chapter, and transfer and convey the same;
     (6) To establish offices and incur expenses and enter into contracts and to create such liabilities as may be reasonable for administration and enforcement of this chapter;
     (7) Make necessary disbursements for the operation of the commission in carrying out the purposes and provisions of this chapter;
     (8) To employ, subject to the approval of the attorney general, attorneys necessary, and to maintain in its own name any and all legal actions, including actions for injunction, mandatory injunctions, or civil recovery, or proceedings before administrative tribunals or other government authorities necessary to carry out the purpose of this chapter;
     (9) To carry on any research which will or may benefit the planting, production, harvesting, handling, processing, or shipment of any tree fruit subject to the provisions of this chapter. To contract with any person, private or public, public agency, federal, state or local, or enter into agreements with other states or federal agencies, to carry on such research jointly or enter into joint contracts with such states or federal agencies or other recognized private or public agencies, to carry on desired research provided for in this chapter;
     (10) To appoint annually, ex officio commission members without a vote who are experts in research whether public or private in any area concerning or related to tree fruit to serve at the pleasure of the commission;
     (11) To establish a foundation using commission funds as grant money for the benefit of the tree fruit industry. The foundation may use commission funds for the purposes authorized by this chapter;
     (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 this chapter. Personal service contracts must comply with chapter 39.29 RCW;
     (13) To acquire or own intellectual property rights, licenses, or patents and to collect royalties resulting from commission-funded research;
     (14) To engage in appropriate fund-raising activities for the purpose of supporting activities of the commission authorized by this chapter;
     (15) To accept and expend or retain any gift, bequest, contribution, or grant from private persons or private and public agencies to carry out the purposes provided in this chapter; and
     (16) Such other powers and duties that are necessary to carry out the purpose of this chapter.