AN ACT Relating to the Washington seafood commission; adding a new chapter to Title 15 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that the products of Washington's fisheries are sold throughout the world. The legislature further finds that proper promotion of and increased marketing support for the products of the state's fishing and shellfish harvesting industry will result in: Improved product quality for consumers of these products; consumer education regarding the purchase and preparation of fisheries products; and a more equitable economic return for persons working in the industry.

NEW SECTION. Sec. 2. (1) There is hereby created the Washington seafood commission. The commission shall be composed of three persons licensed to fish commercially for food fish and two persons licensed to take shellfish commercially under chapter 75.28 RCW. The director of agriculture and the director of fisheries or the designees of the directors shall be nonvoting, ex officio members of the commission.

(2) A majority of the voting members of the commission constitute a quorum for the transaction of any business.

(3) The governor shall appoint the members of the commission. In making the appointments, the governor shall take care to ensure that, as nearly as possible, each of the major elements of the industry as measured by the value of harvest, method of harvest, and geographic location of harvest are represented on the commission. The governor shall consider the recommendations made by organizations that represent such elements of the industry.

NEW SECTION. Sec. 3. (1) Except as provided in subsection (2) of this section, the term of office of a member of the commission shall be three years. If a vacancy should occur in a position on the commission, the governor may appoint a person to fill the vacancy for the unexpired portion of the term of office for the position.

(2) The term of office of one of the initial members of the commission shall be one year and the terms of office of two of the initial members of the commission shall be two years.

(3) Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 4. The commission shall provide for programs designed to increase the consumption of Washington-caught fish and shellfish; develop more efficient methods for the harvesting, processing, handling, and marketing of Washington-caught fish and shellfish; properly identify Washington-caught fish and shellfish for consumers as to quality and origin; and provide for programs for advertising, sales promotion and education, locally, nationally or internationally, for maintaining present markets and creating new or larger markets for Washington-caught fish and shellfish. The commission may:

(1) Provide for research to develop and discover the health, food, therapeutic, and dietetic value of fish and shellfish and products thereof;

(2) Make grants to research agencies for financing studies, including funds for the purchase or acquisition of equipments and facilities, in problems of fish or shellfish harvesting, processing, handling and marketing;

(3) Disseminate reliable information founded upon the research undertaken under this chapter or otherwise available; and

(4) Provide for rate studies and participate in rate hearings connected with problems of fish or shellfish harvesting, processing, handling, or marketing.

NEW SECTION. Sec. 5. Copies of the proceedings, records, and acts of the commission, when certified by the secretary of the commission and authenticated by the commission seal, shall be admissible in any court as prima facie evidence of the truth of the statements contained therein.

NEW SECTION. Sec. 6. The powers and duties of the commission shall include the following:

(1) To administer and enforce the provisions of this chapter, and do all things reasonably necessary to effectuate the purposes of this chapter;

(2) To elect a chairman and such other officers as it deems advisable;

(3) To employ and discharge at its discretion a manager, secretary, and such other personnel, including attorneys engaged in the private practice of law subject to the approval and supervision of the attorney general, as the commission determines are necessary and proper to carry out the purposes of this chapter, and to prescribe their duties and powers and fix their compensation;

(4) To adopt, rescind, and amend rules in accordance with chapter 34.04 RCW;

(5) To establish by resolution, a headquarters which shall continue as such unless and until so changed by the commission. All records, books and minutes of the commission shall be kept at such headquarters;

(6) To require a bond of all commission members and employees of the commission in a position of trust in the amount the commission shall deem necessary. The premium for such bond or bonds shall be paid by the commission from assessments collected. Such bond shall not be necessary if any such commission member or employee is covered by any blanket bond covering officials or employees of the state of Washington;

(7) To establish a fish and shellfish commission revolving fund, such fund to be deposited in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the commission, except an amount of petty cash for each day's needs not to exceed one hundred dollars, shall be deposited each day or as often during the day as advisable; none of the provisions of RCW 43.01.050 shall apply to money collected under this chapter;

(8) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of this chapter during each fiscal year;

(9) To incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter;

(10) To borrow money, not in excess of its estimate of its revenue from the current year's contributions;

(11) To keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, expenditures, moneys, and other financial transactions made and done pursuant to this chapter. Such records, books and accounts shall be audited at least every five years subject to procedures and methods lawfully prescribed by the state auditor. Such books and accounts shall be closed as of the last day of each fiscal year of the state of Washington. A copy of such audit shall be delivered within thirty days after completion thereof to the director, the state auditor, and the commission. On such years and in such event the state auditor is unable to audit the records, books, and accounts within six months following the close of the audit period it shall be mandatory that the commission employ a private auditor to make such audit;

(12) To sue and be sued as a commission, without individual liability for acts of the commission within the scope of the powers conferred upon it by this chapter;

(13) To cooperate with any other local, state, or national commission, organization or agency, whether voluntary or established by state or federal law, including recognized fisheries groups, engaged in work or activities similar to the work and activities of the commission created by this chapter and make contracts and agreements with such organizations or agencies for carrying on joint programs beneficial to the fish and shellfish industry; and

(14) To accept grants, donations, contributions, or gifts from any governmental agency or private source for expenditures for any purpose consistent with the provisions of this chapter.

NEW SECTION. Sec. 7. The commission shall hold regular meetings, at least quarterly, with the time and date thereof to be fixed by resolution of the commission.

The commission shall hold an annual meeting, at which time an annual report shall be presented. The proposed budget shall be presented for discussion at the meeting. Notice of the annual meeting shall be given by the commission at least ten days before the meeting by public notice of such meeting published in newspapers of general circulation in the state of Washington, by radio and press releases and through trade publications.

The commission shall establish by resolution, the time, place, and manner of calling special meetings of the commission with reasonable notice to the members: PROVIDED, That, the notice of any special meeting may be waived by a waiver thereof by each member of the commission.

NEW SECTION. Sec. 8. (1) There is hereby levied an assessment of ..... cents per pound on food fish first landed in this state. The assessment applies to food fish the taking of which is subject to licensure under chapter 75.28 RCW. The assessment shall be levied on the person first landing the fish in this state.

(2) There is hereby levied an assessment of ..... cents per pound on shellfish first landed in this state. The assessment applies to shellfish the taking of which is subject to licensure under chapter 75.28 RCW. The assessment shall be levied on the person first landing the shellfish in this state.

NEW SECTION. Sec. 9. Any due and payable assessment levied under this chapter shall constitute a personal debt of every person so assessed or who otherwise owes the same and shall be due and payable within thirty days from the date it becomes first due the commission. In the event any such person fails to pay the full amount within such thirty days, the commission shall add to such unpaid assessment an amount of ten percent of the unpaid assessment to defray the cost of collecting the same. In the event of failure of such person to pay such due and payable assessment, the commission may bring civil action against such person in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon and any other additional necessary reasonable costs including attorneys' fees. Such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

NEW SECTION. Sec. 10. The department of fisheries shall provide the commission with the names of persons licensed to fish commercially for food fish or to take shellfish commercially under chapter 75.28 RCW.

NEW SECTION. Sec. 11. Obligations incurred by the commission and liabilities or claims against the commission shall be enforced only against the assets of the commission in the same manner as if it were a corporation and no liability for the debts or actions of the commission shall exist against either the state of Washington or any subdivision or instrumentality thereof or against any member officer, employee, or agent of the commission in his individual capacity. The members of the commission including employees of the commission shall not be held responsible individually or any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employees, except for their own individual acts of dishonesty or crime. No such person or employee may be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member may be liable for the default of any other member.

NEW SECTION. Sec. 12. The restrictive provisions of chapter 43.78 RCW shall not apply to promotional printing and literature for the commission.

NEW SECTION. Sec. 13. Sections 2 through 12 of this act shall constitute a new chapter in Title 15 RCW.