HOUSE BILL REPORT

HB 1138

BYRepresentatives Baugher, McLean, Crane, Heavey, Rayburn, Haugen, Scott, Grant, Jesernig, Sayan, Hargrove, Rasmussen, Bristow, Ballard, Moyer, Smith, Patrick, Zellinsky, S. Wilson, R. King, Pruitt, Doty, Nealey, Fuhrman, Walk, H. Myers, Rector and Sprenkle

Creating a honey bee commission.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass.  (11)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Nealey, Ranking Republican Member; Baugher, Chandler, Doty, Grant, Jesernig, McLean, H. Myers and Youngsman.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE FEBRUARY 8, 1989

BACKGROUND:

Several agricultural commodity commissions have been created by statute.  Others have been created under marketing agreements or orders created and approved under the 1955 and 1961 Agricultural Enabling Acts.

The Department of Agriculture administers the Agricultural Enabling Acts and the state's laws regarding honey bees.

SUMMARY:

The Washington State Honey Bee Commission is established subject to approval by a referendum voted upon by apiarists, brokers manufacturers, processors, and first handlers.  The Commission is an 11 member board composed of:  7 elected apiarists from certain designated districts; 3 persons appointed by the Director of Agriculture representing manufacturers and brokers of apiary industry products, processors and first handlers, and out-of-state residents who are affected parties; and the Director of Agriculture as a nonvoting, ex-officio member.

An apiarist is a person who owns, operates, manages, or brokers ten or more honey bee colonies or any volunteer participant with less than ten colonies.

If the referendum is approved, an annual assessment of 25 cents per colony is established which is to be collected by the Commission.  A minimum assessment of $10 is established.

Referenda.  A referendum on the creation of the Commission, and on any increases in the assessment later proposed by the Commission, is considered to be approved if approved by:

(1)   51 percent of the apiarists and brokers representing 66 percent of the colonies, or 66 percent of the apiarists and brokers representing 51 percent of the colonies; and

(2)   51 percent of the manufacturers, processors, and first handlers representing 66 percent of industry products sold, or 66 percent of the manufacturers, processors, and first handlers representing 51 percent of industry products sold.

If the creation of the Commission is approved, a referendum must be held 7 years later to determine whether the Commission will or will not continue to exist.

Commission.  The powers and duties of the Commission are prescribed.  Among the authorities of the Commission are those to:  hire employees; contract for scientific research; enter advertising contracts; conduct educational programs; and propose changes in assessment rates.  Commission members are to be reimbursed for their travel expenses.  Nomination and election procedures for commission members are established.  The Commission must reimburse the Director of Agriculture for the costs of conducting elections and referenda.

The state is not liable for the acts of the Commission.  No member or employee of the Commission is liable for contracts of the Commission.  All liabilities are limited to and payable only from funds collected as assessments.

Records, Audits, and Violations.  Affected parties are required to keep certain records and the Commission is authorized to conduct audits.  Violations of the Honey Bee Commission statutes or the rules of the Commission are misdemeanors. Assessments are the personal debt of those assessed as is interest on delinquent assessments at a rate of one percent per month.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Elwood Sires, Central Washington Beekeepers Association; Robert Clark, Alice Bounds and Paul van Wetchel, Washington State Beekeepers Association; and E. Wayne Robinson, Friends of Washington Beekeepers.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    (1) The bill does not create a commission; it permits the industry to vote on whether the commission should be formed.  (2) Two types of mites and Africanized bees pose very serious threats to honey bees; research and education is needed for the survival of the industry and the important agricultural crops that are dependent upon them.  The bill provides a means of raising seed money for research.  (3) The shortage of bees that will be experienced this year could have been avoided if the needed research and education had been available.

House Committee - Testimony Against:      None Presented.