EXPEDITED RULES
Title of Rule: WAC 314-20-100 Beer distributor price posting, 314-20-105 Beer suppliers' price filings contracts and memoranda, 314-24-190 Wine distributor price posting, and 314-24-200 Wine suppliers' price filings, contracts and memoranda.
Purpose: Changes to implement SB 6737 passed during the 2004 legislative session, to eliminate redundancy with state law, and to simplify language for clarity.
Statutory Authority for Adoption: RCW 66.08.030, 66.28.180.
Statute Being Implemented: Chapter 160, Laws of 2004.
Summary: The proposed changes to WAC 314-20-100, 314-20-105, 314-24-190, and 314-24-200 would:
| • | Implement SB 6737 by deleting references to price postings being open to inspection at all times. |
| • | Take out redundancies with the guiding law (RCW 66.28.180). |
| • | Combine the two wine posting rules into one rule and the two beer posting rules into one rule. |
| • | Simplify language for clarity. |
Name of Agency Personnel Responsible for Drafting: Teresa Berntsen, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, (360) 664-1648; Implementation and Enforcement: Lorraine Lee, Licensing and Regulation Division Director, 3000 Pacific Avenue S.E., Olympia, (360) 664-1600.
Name of Proponent: , governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: State law requires that suppliers post the prices of beer and wine sold to distributors, and that distributors post the prices of beer and wine sold to retailers. These prices are posted on a website administered by the Liquor Control Board (LCB). Before this law change other suppliers and distributors could view the prices as soon as they were posted.
LCB agency-request legislation SB 6737 passed during the 2004 session and took effect March 31, 2004. This revised law states that, because price postings are investigative documents, they are considered confidential information and are not subject to public disclosure until the prices become effective.
WAC 314-20-100, 314-20-105, 314-24-190, and 314-24-200 implement RCW 66.28.180, which outlines beer and wine price postings. The proposed changes [in] these rules would:
| • | Implement SB 6737, passed during the 2004 legislature (chapter 160, Laws of 2004), by deleting references to price postings being open to inspection at all times. |
| • | Take out redundancies with the guiding law (RCW 66.28.180). |
| • | Combine the two wine posting rules into one rule and the two beer posting rules into one rule. |
| • | Simplify language for clarity. |
Proposal Changes the Following Existing Rules:
| • | WAC 314-20-100 Beer distributor price posting, implement SB 6737, passed during the 2004 legislature, by deleting references to price postings being open to inspection at all times. Take out redundancies with the guiding law (RCW 66.28.180). Simplify language for clarity. |
| • | WAC 314-20-105 Beer suppliers' price filings contracts and memoranda, delete. Language either put into proposed revised WAC 314-20-100 or [is] deleted because it is redundant with state law. |
| • | WAC 314-24-190 Wine distributor price posting, implement SB 6737, passed during the 2004 legislature, by deleting references to price postings being open to inspection at all times. Take out redundancies with the guiding law (RCW 66.28.180). Simplify language for clarity. |
| • | WAC 314-24-200 Wine suppliers' price filings, contracts and memoranda, delete. Language either put into proposed revised WAC 314-24-190 or [is] deleted because it is redundant with state law. |
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Teresa Berntsen, Rules Coordinator, Liquor Control Board, P.O. Box 43080, Olympia, WA 98504-3080, rules@liq.wa.gov, fax (360) 704-4921 , AND RECEIVED BY August 3, 2004.
May 19, 2004
Merritt D. Long
Chairman
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-12 issue of the Register.