WSR 09-21-089

EXPEDITED RULES

GRAIN COMMISSION


[ Filed October 20, 2009, 7:32 a.m. ]

Title of Rule and Other Identifying Information: WAC 16-531-010 Rules for implementation of promotional hosting by the Washington grain commission.

NOTICE

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 THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Tom Mick, Washington Grain Commission, 2702 West Sunset Boulevard, Suite A, Spokane, WA 99224-1112 , AND RECEIVED BY December 22, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Implements rules that govern promotional hosting expenditures by the newly-created Washington grain commission.

Reasons Supporting Proposal: SHB 1254, chapter 33, Laws of 2009, replaced the wheat commission and barley commission with the Washington grain commission. Both the wheat and barley commissions had rules regarding promotional hosting (per RCW 15.04.200). Without any material change, this proposal adopts for the grain commission the promotional hosting rules that were in effect for the wheat and barley commissions.

Statutory Authority for Adoption: SHB 1254, section 14 (1)(x), chapter 33, Laws of 2009, RCW 15.04.200.

Statute Being Implemented: RCW 15.04.200.

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

Name of Proponent: Washington grain commission, governmental.

Name of Agency Personnel Responsible for Drafting: Kelly Frost, P.O. Box 42560, Olympia, WA 98504-2560, (360) 902-1802; Implementation and Enforcement: Thomas Mick, 2702 West Sunset Boulevard, Suite A, Spokane, WA 99224, (509) 456-2481.

October 20, 2009

Thomas Mick

Chief Executive Officer

OTS-2748.1

Chapter 16-531 WAC

WASHINGTON GRAIN COMMISSION


NEW SECTION
WAC 16-531-010   Rules for implementation of promotional hosting by the Washington grain commission.   RCW 15.04.200 provides that agricultural commodity commissions shall adopt rules governing promotional hosting expenditures by agricultural commodity commission employees, agents, or commissioners. The rules governing promotional hosting expenditures for the Washington grain 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) Commissioners;

(b) Chief executive officer;

(c) Vice-president;

(d) Program director;

(e) Director of communications.

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 (if appropriate) of each person hosted;

(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, chief executive officer, and/or treasurer are authorized to approve direct payment or reimbursements submitted in accordance with these rules: Provided, That the chair, chief executive officer and treasurer are not authorized to approve their own vouchers.

(5) The following persons may be hosted when it is reasonably believed such hosting will cultivate trade relations and promote sales of wheat or barley/malting barley or processed wheat or barley products: Provided, That such hosting shall not violate federal or state conflict of interest laws:

(a) Individuals from private business, associations, commissions, and accompanying interpreter(s);

(b) Foreign government officials and accompanying interpreter(s);

(c) Federal and state officials: Provided, That lodging, meals, and transportation will not be provided when such officials may obtain full 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 trade relations and promote sales of wheat or barley/malting barley or processed wheat or barley products;

(f) Spouses of the persons listed in (a), (b), (c), and (e) of this subsection when attendance of such spouse is customary and expected or will serve to cultivate trade relations, or promote the sale of wheat or barley/malting barley or processed wheat or barley products.

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Washington State Code Reviser's Office