WSR 05-08-104

PROPOSED RULES

HOP COMMISSION


[ Filed April 4, 2005, 4:20 p.m. ]

Original Notice.

Title of Rule and Other Identifying Information: Rules of Washington State Hop Commodity Board, chapter 16-532 WAC.

Hearing Location(s): Washington Hop Commission, 301 West Prospect Place, Moxee, WA 98936, on May 12, 2005, at 1:30 p.m.

Date of Intended Adoption: May 26, 2005.

Submit Written Comments to: Ann George, Administrator, Washington Hop Commission, P.O. Box 1207, Moxee, WA 98936, e-mail ann@wahops.org, fax (509) 457-8561, by May 13, 2005, at 5:00 p.m.

Assistance for Persons with Disabilities: Contact Rochelle Painter at (360) 902-2060 by May 5, 2005, TTY (360) 902-1996.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to add definitions and amend the board's promotional hosting rules in chapter 16-532 WAC. Proposed additions and amendments will include:

1. New section WAC 16-532-103, adding "promotional hosting" and "hosting" definitions.

2. New section WAC 16-532-105, updating and moving the promotional hosting rules from the marketing order to the board's rules section of the chapter.

Reasons Supporting Proposal: Promotional hosting rules should be included within the rules of the Washington State Hop Commodity Board pursuant to RCW 15.65.305. A new section is being added to define "promotional hosting" and "hosting." The current promotional hosting rule is being updated and added as a rule of the Hop Commodity Board. WAC 16-532-065 will be repealed.

Statutory Authority for Adoption: Chapter 15.65 RCW, specifically RCW 15.65.305, and chapter 34.05 RCW.

Statute Being Implemented: Chapter 15.65 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington Hop Commission, governmental.

Name of Agency Personnel Responsible for Drafting: Lynn Briscoe, Washington State Department of Agriculture, Olympia, (360) 902-2043; Implementation and Enforcement: Ann George, Moxee, (509) 453-4749.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Technical amendments being proposed do not require a small business economic impact statement pursuant to RCW 19.85.030.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington Hop Commission is not a named agency in RCW 34.05.328 (5)(a)(i).

April 4, 2005

Ann E. George

Administrator

OTS-7918.1


NEW SECTION
WAC 16-532-103   Rules for implementation of promotional hosting by the Washington state hop commodity board (commission) -- Definitions.   For the purposes of WAC 16-532-105, the following definitions shall apply:

(1) "Promotional hosting" as used in these rules means the hosting of individuals and groups of individuals at meetings, meals, and gatherings for the purpose of cultivating trade relations and promoting sales of Washington-grown hops.

(2) "Hosting" may include providing meals, refreshments, lodging, transportation, gifts of nominal value, reasonable and customary entertainment, and normal incidental expenses at meetings or gatherings.

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NEW SECTION
WAC 16-532-105   Rules for implementation of promotional hosting by the Washington state hop board.   RCW 15.65.305 and 15.04.200 provide that agricultural commodity boards or commissions shall adopt rules governing promotional hosting expenditures by agricultural commodity board or commission employees, agents, or commissioners. The rules governing promotional hosting expenditures for the Washington state hop board (commission) shall be as follows:

(1) Budget approval. Commission expenditures for agricultural development or trade promotion and promotional hosting shall be pursuant to specific budget items as approved by the commission at annual public hearings on the commission budget.

(2) Officials and agents authorized to make expenditures. The following officials and agents are authorized to make expenditures for agricultural development or trade promotion and promotional hosting in accordance with the provisions of these rules:

(a) Hop board members.

(b) Administrators. Individual commissioners shall make promotional hosting expenditures, or seek reimbursements for those expenditures, only in those instances where the expenditures have been approved by the commission.

(3) Payment and reimbursement. All payments and reimbursements shall be identified and supported by vouchers to which receipts are attached. Voucher forms will be supplied by the commission, and shall require the following information:

(a) Name and position of each person hosted, provided that in case of a group of twenty-five or more persons, then only the name of the group hosted shall be required.

(b) General purpose of the hosting.

(c) Date of hosting.

(d) Location of the hosting.

(e) To whom payment was or will be made.

(f) Signature of person seeking payment or reimbursement.

(4) The chair of the commission and administrator are authorized to approve direct payment or reimbursements submitted in accordance with these rules.

(5) The following persons may be hosted when it is reasonably believed such hosting will cultivate trade relations and promote sales of Washington-grown hops, provided that such hosting shall not violate federal or state conflict of interest laws:

(a) Individuals from private business.

(b) Foreign government officials.

(c) Federal and state officials: Provided, lodging, meals, and transportation will not be provided when such officials may obtain reimbursement for these expenses from their government employer.

(d) The general public, at meetings and gatherings open to the general public.

(e) Commissioners and employees of the commission when their attendance at meetings, meals, and gatherings at which the persons described in (a) through (d) of this subsection are being hosted will cultivate and promote sales of Washington-grown hops.

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Washington State Code Reviser's Office