AN
ACT Relating to assessments for planting stock certification and nursery
improvement programs; amending RCW 15.13.310, 15.13.370, and 15.13.470; and
adding a new section to chapter 15.13 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
15.13.310 and 2000 c 144 s 10 are each amended to read as follows:
(1)
An annual assessment shall be levied on the gross sale price of the wholesale
market value for all ((fruit trees, fruit tree related ornamental trees, and
fruit tree rootstock produced in Washington, and sold within the state or
shipped from the state by any licensed nursery dealer during any license
period. Fruit tree related ornamental nursery stock shall be limited to the
genera, Chaenomeles, Cydonia, Crataegus, Malus, Prunus, Pyrus, and Sorbus))
horticultural plants of the genera Chaenomeles, Cydonia, Crataegus, Malus,
Prunus, Pyrus, Sorbus, and Vitis produced in Washington, and sold within the
state or shipped from the state by any licensed nursery dealer during any
license period. This annual assessment is based on the first sale price of
such nursery stock except for rootstocks which are replanted and/or grafted or
budded and planted for growing-on in the nursery. The director shall by rule
determine the rate of an assessment needed to carry out the grapevine and
fruit tree certification and nursery improvement programs set forth in RCW
15.13.470 and chapter 15.14 RCW.
The
wholesale market price may be determined by the wholesale catalogue price of
the seller of the ((fruit trees, fruit tree related ornamentals, or fruit
tree rootstock)) horticultural plants assessed under this section or
of the shipper moving such nursery stock out of the state. If the seller or
shipper does not have a catalogue, then the wholesale market price may be based
on the actual selling price or an average wholesale market price. The director
in determining the average wholesale market price may use catalogues of various
businesses licensed under the provisions of this chapter or any other
reasonable method.
(2)
The assessment is due and payable on the first day of July of each year.
(3)
The gross sale period shall be from July 1 to June 30 of the previous year.
(4)
The department may audit the records of licensees during normal business hours
to determine that the appropriate assessment has been paid.
NEW
SECTION. Sec. 2. A
new section is added to chapter 15.13 RCW to read as follows:
An
advisory committee is established to advise the director in the administration
of the grapevine certification and nursery improvement program.
(1)
The committee consists of two grapevine nursery dealers; three grape growers,
at least two of whom grow wine grapes; one winery representative; a university
researcher; and the director.
(2)
When appointing this committee, the director shall consider names submitted by
the Washington association of wine grape growers and the Washington state grape
society.
(3)
The terms of the members of the committee shall be staggered and the members
shall serve a term of three years and until their successor has been appointed.
Sec.
3. RCW
15.13.370 and 2000 c 144 s 15 are each amended to read as follows:
(1)
Any person licensed under the provisions of this chapter may request the
services of a department inspector at the licensee's place of business or point
of shipment during the shipping season. Subsequent to inspection the inspector
shall issue to the licensee a certificate of inspection signed by the inspector
covering any horticultural plants which the inspector finds to be in compliance
with the provisions of this chapter.
(2)
Any person financially interested in any horticultural plants may request
inspection and/or certification services provided for horticultural plants
under this chapter.
(3)
To facilitate the ((movement)) marketing of agricultural
commodities and other plant products, the director may provide, if
requested, special inspections or certifications not otherwise authorized under
this chapter and shall prescribe a fee for that service.
Sec.
4. RCW
15.13.470 and 2000 c 144 s 28 are each amended to read as follows:
(1)
Except as provided in RCW 15.13.285 and in subsections (2) and (3) of this
section, all moneys collected under this chapter shall be paid to the director,
deposited in an account within the agricultural local fund, and used solely for
carrying out this chapter. No appropriation is required for the disbursement
of moneys from the account by the director.
(2)
All fees collected ((for fruit tree, fruit tree related ornamental tree, and
fruit tree rootstock assessments as set forth in this chapter)) under
RCW 15.13.310 shall be deposited in the planting stock certification
account within the agricultural local fund to be used only for the Washington grapevine
and fruit tree ((and fruit tree related ornamental tree))
certification and nursery improvement programs as set forth in this chapter and
chapter 15.14 RCW.
(3)
All moneys collected for civil penalties under this chapter shall be deposited
in the nursery research account within the agricultural local fund.
