BILL REQ. #:  S-1387.1 

Read first time 02/19/2003.   Referred to Committee on Agriculture.

     AN ACT Relating to requiring the apple commission board positions to be composed of fifteen members allocated on a geographic basis; and amending RCW 15.24.020 and 15.24.030.

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

Sec. 1   RCW 15.24.020 and 2002 c 313 s 116 are each amended to read as follows:
     There is hereby created a Washington apple commission to be thus known and designated. The commission shall be composed of ((nine)) eleven practical apple producers and four practical apple dealers. The director shall be an ex officio member of the commission without vote.
     The ((nine)) eleven producer members shall be citizens and residents of this state, over the age of twenty-five years, each of whom, either individually or as an executive officer of a corporation, firm or partnership, is and has been actually engaged in growing and producing apples within the state of Washington for a period of five years, currently operates a commercial producing orchard in the district represented, and has during that period derived a substantial portion of his or her income therefrom((: PROVIDED, That he or she may own and operate an apple warehouse and pack and store apples grown by others, without being disqualified, so long as a substantial quantity of the apples handled in such warehouse are grown by him or her; and he or she may sell apples grown by himself, herself, and others so long as he or she does not sell a larger quantity of apples grown by others than those grown by himself or herself)). The four dealer members shall be persons who, either individually or as executive officers of a corporation, firm, partnership, association, or cooperative organization, are and have been actively engaged as dealers in apples within the state of Washington for a period of five years, and are citizens and residents of this state, and are engaged as apple dealers in the district represented. The qualifications of members of the commission as herein set forth must continue during their term of office.

Sec. 2   RCW 15.24.030 and 1989 c 354 s 55 are each amended to read as follows:
     ((Thirteen)) Fifteen persons with the qualifications stated in RCW 15.24.020 shall be elected members of said commission. Four of the grower members, being positions one, two, three, and four, shall be from grower district No. 1, at least one of whom shall be a resident of and engaged in growing and producing apples in Okanogan county; ((four)) five of the grower members, being positions five, six, seven ((and)), eight, and nine from grower district No. 2; and ((one)) two grower members, being positions ((nine)) ten and eleven from grower district No. 3, at least one of whom must be engaged in growing and producing apples in Grant county. Two of the dealer members, being positions ((ten and eleven)) twelve and thirteen, shall be from dealer district No. 1; and two of the dealer members, being positions ((twelve and thirteen)) fourteen and fifteen, shall be from dealer district No. 2.
     The commission shall have authority in its discretion to establish by regulation one or more subdivisions of grower district No. 1 and one or more subdivisions of grower district No. 2; provided that each of the same includes a substantial apple producing district or districts, and provided the same does not result in an unfair or unequitable voting situation or an unfair or unequitable representation of apple growers on said commission. In such event each of said subdivisions shall be entitled to be represented by one of the said grower members of the commission, who shall be elected by vote of the qualified apple growers in said subdivision of said district, and who shall be a resident of and engaged in growing and producing apples in said subdivision.
     The regular term of office of the members of the commission shall be three years from March 1st following their election and until their successors are elected and qualified. The commission shall hold its annual meeting during the month of March each year for the purpose of electing officers and the transaction of other business and shall hold such other meetings during the year as it shall determine.