AN
ACT Relating to the forest products commission; amending RCW 15.100.010,
15.100.030, and 15.100.040; and adding a new section to chapter 15.100 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
*Sec.
1.
RCW 15.100.010 and 2001 c 314 s 1 are each amended to read as follows:
(1)
The legislature finds that the creation of a forest products commission would
assist in expanding the state's economy, because:
(((1)))
(a) Marketing is a dynamic and changing part of the Washington forest
products industry and a vital element in expanding the state economy;
(((2)))
(b) The sale in the state and export to other states and abroad of
forest products made in the state contribute substantial benefits to the
economy of the state, provide a large number of jobs and sizeable tax revenues,
and are key components of the health of many local communities because many
secondary businesses are largely dependent on the health of the forest products
industry; ((and
(3)))
(c) Forest products are made from a renewable resource and are more
environmentally sound than many alternative products;
(d)
Proper promotion of forest products is vital to the producers of these products
and the continued economic well-being of the citizens of the state; and
(e)
Research related to managed forests and the promotion of managed forests can
yield critical information for complying with the existing comprehensive state
and federal scheme regulating timber harvest.
(2)
The legislature also finds that any advertising, marketing, and public
education related to the sale of forest products by the forest products
commission is government speech that provides a benefit for the citizens of the
state and is thereby entitled to first amendment protection.
*Sec. 1 was vetoed. See message at end of chapter.
Sec.
2. RCW
15.100.030 and 2001 c 314 s 3 are each amended to read as follows:
(1)(a)
There is created a commodity commission to be known and designated as the
Washington forest products commission. The commission is composed of nine
voting members. The commission may, in its sole discretion, add or remove
nonvoting ex officio members to the commission. Of the members, six shall be
from western Washington, and three shall be from eastern Washington. After the
initial election of commission members, however, if a position cannot be filled
by a member from eastern Washington within sixty days from the date on which
nominations may first be received because of a lack of candidates, the position
may be filled by a member from western Washington. Under no circumstances will
there be less than two board members from eastern Washington. If a position
was filled by a member from western Washington because of a lack of candidates
from eastern Washington, and districts are not used for the nomination and
election of members, then a person from eastern Washington must fill the next
available vacancy or open position at the next election to bring the number of
representatives from eastern Washington up to three members. All members shall
be elected by the entire group of producers unless the commission creates
districts for the members as authorized in RCW 15.100.050. If districts are
used for the nomination and election of commission members, and it does not
appear that one of the positions from eastern Washington will be filled because
of a lack of candidates, then a commission member who resides in western
Washington must be elected by the entire group of producers as an at-large
member. The position of the western Washington member who is elected as an
at-large member shall be filled by a member from eastern Washington at the
expiration of the term of the at-large member. If districts are not used for
the nomination and election of members, the commission shall strive to achieve
representation on the commission from the different geographic regions of the
state.
(b)
Of the six members from western Washington, three members must have annual
harvests of more than seventy-five million board feet, and three members must
have annual harvests between two million board feet and seventy-five million
board feet.
(c)
Of the two members from eastern Washington, one member must have an annual
harvest greater than forty million board feet, and one member must have an
annual harvest between two million board feet and forty million board feet. If
there is a third member from eastern Washington, the only harvest requirement
is that the member have an annual harvest of at least two million board feet.
(2)
The members must be citizens and residents of this state, and over the age of
twenty-one years. Each member must currently, and for the five years last
preceding his or her election, be actually engaged in producing forest products
within the state of Washington, either individually or as an officer of a
corporation, firm, partnership, trust, association, or business organization at
the level of production required to qualify as a producer. Each member must
also derive a substantial amount of his or her income from the production of
forest products. The qualifications set forth in this section apply throughout
each member's term of office.
(3)
No more than one member of the commission may be employed by, or connected in a
proprietary capacity with, the same corporation, firm, partnership, trust,
association, or business organization.
(4)
Five voting members of the commission constitute a quorum for the transaction
of all business and the carrying out of the duties of the commission.
(5)
The regular term of office of the members is four years from November 1st
following their election and until their successors are elected and qualified.
However, the first terms of the members elected in the initial November
1st((, 2001,)) election is as follows: Positions one,
four, and seven terminate on November 1st, ((2003)) two
years after the initial election is held; positions two, five, and eight
terminate on November 1st, ((2004)) three years after
the initial election is held; and positions three, six, and nine terminate on
November 1st, ((2005)) four years after the initial election
is held.
Sec.
3. RCW
15.100.040 and 2001 c 314 s 4 are each amended to read as follows:
(1)
The director shall call the initial meeting of producers of forest products for
the purpose of nominating their respective members of the commission after
receiving notice from an association representing producers of forest products
that substantial interest exists in forming a forest products commission.
Public notice of the meeting shall be given by the director in the manner the
director determines is appropriate. A producer may on his or her own motion
file his or her name with the director for the purpose of receiving notice of
the meeting. The nonreceipt of the notice by any interested person does not
invalidate the proceedings.
(2)
Prior to the nomination of commission members, the department of revenue shall
provide the director with a list of all qualified producers within the state
based upon tax records of the department.
(3)
For the initial election of commission members, any qualified producer may be
nominated orally for a commissioner position at the meeting convened by the
director. Nominations may also be made within five days prior to the meeting
by a written petition filed with the department, signed by at least five
producers who reside in the state. If the director determines that one of the
positions from eastern Washington will go unfilled because of a lack of candidates,
the director shall announce that this position shall be filled by a member from
western Washington. If the position designated for eastern Washington is
filled by a member from western Washington because of a lack of candidates from
eastern Washington, this position shall be designated as position number seven
by the director for purposes of RCW 15.100.030(5). Under no circumstances will
there be less than two board members from eastern Washington.
(4)
The initial members of the commission shall be elected by secret mail ballot
under the supervision of the director at the same time the referendum is
submitted under RCW 15.100.120 calling for the creation of the commission and
the imposition of the initial assessment. If a nominee does not receive a
majority of the votes on the first ballot, a run-off election shall be held by
mail in a similar manner between the two candidates for the position receiving
the largest number of votes.
(5)
If the director determines under RCW 15.100.120(3) that the requisite approval
for the establishment of a commission has not been given, any subsequent
efforts to create a commission must follow the procedures established under
this chapter for the initial nomination and election of members.
NEW
SECTION. Sec. 4. A
new section is added to chapter 15.100 RCW to read as follows:
The
association responsible for giving the director notice under RCW 15.100.040
that substantial interest exists in forming a forest products commission shall
reimburse the department for its costs associated with conducting a proceeding
to initiate a commission under RCW 15.100.040 and 15.100.120. If the necessary
approval is received for the creation of a commission, the commission shall
reimburse the association for the costs paid to the department when funds
become available.
Note: Governor's
explanation of partial veto is as follows:
"I am returning
herewith, without my approval as to section 1, Substitute House Bill No. 2502
entitled:
"AN
ACT Relating to the forest products commission;"
Substitute House Bill No.
2502 revises procedures regarding the election of commissioners to the Forest
Products Commission. I support these changes.
However, subsection 1(2)
of this bill stated that any advertising, marketing and public education
related to the sale of forest products by the commission "is government
speech that provides a benefit for the citizens of the state" and is
thereby entitled to First Amendment protection.
In response to a 2001
U.S. Supreme Court decision, Department of Agriculture vs. United Foods,
questions have been raised regarding the authority of commodity commissions to
assess producers for costs associated with advertising, marketing and public
education. Subsection 1(2) was an attempt to clarify that the Commission has
such authority, and that it does not violate the right to free speech.
The implications of the
court decision on the authority of commodity commissions, and the best means by
which to address them, are not clear. Rather than doing this in a piecemeal
manner, my preference is that this issue be resolved comprehensively, dealing
with all state commodity commissions where appropriate.
For these reasons, I have
vetoed section 1 of Substitute House Bill No. 2502.
With
the exception of section 1, Substitute House Bill No. 2502 is approved."
