WSR 01-04-088

PROPOSED RULES

POTATO COMMISSION


[ Filed February 7, 2001, 11:27 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Promotional hosting by the Washington State Potato Commission.

Purpose: The proposed rules implement provisions of RCW 15.04.200 governing hosting expenditures by agricultural commodity commission employees.

Statutory Authority for Adoption: Chapters 15.66 and 15.04 RCW.

Statute Being Implemented: RCW 15.04.200.

Summary: The proposed rules identify those authorized to make expenditures for the Washington State Potato Commission on promotional hosting and the objectives for those expenditures.

Reasons Supporting Proposal: The Washington State Potato Commission is proposing rules on promotional hosting in accordance with RCW 15.04.200.

Name of Agency Personnel Responsible for Drafting and Implementation: Cindy Plummer, Director of Marketing, 108 Interlake Road, Moses Lake, WA 98837, (509) 765-8845; and Enforcement: Lynn Olsen, Chairman, 108 Interlake Road, Moses Lake, WA 98837, (509) 765-8845.

Name of Proponent: Washington State Potato Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rules will implement RCW 15.04.200 which governs promotional hosting expenditures by agricultural commodity commission employees. The rules identify the objectives for promotional hosting expenditures and those authorized to make expenditures for the Washington State Potato Commission.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rules relate to the internal operations of the commission and are in accordance with RCW 15.04.200.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Potato Commission is not a listed agency under section 201, chapter 403, Laws of 1995.

Hearing Location: Washington State Potato Commission, 108 Interlake Road, Moses Lake, WA 98837, on March 20, 2001, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Cindy Plummer by March 6, 2001, (509) 765-8845.

Submit Written Comments to: Cindy Plummer, Director of Marketing, Washington State Potato Commission, 108 Interlake Road, Moses Lake, WA 98837, fax (509) 765-4853, by March 20, 2001.

Date of Intended Adoption: March 28, 2001.

February 5, 2001

Pat Boss

Executive Director

RULES OF THE WASHINGTON STATE POTATO COMMISSION
NEW SECTION
WAC 16-516-100   Definitions.   The following definitions apply to rules in this chapter adopted by the Washington Potato Commission unless otherwise provided:

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

"Promotional hosting" 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 State potatoes and potato products.

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NEW SECTION
WAC 16-516-170   Rules for implementation of promotional hosting by the Washington State Potato Commission.   The laws of section 1, chapter 26, Laws of 1985 (RCW 15.04.200) provide that agricultural commodity commission shall adopt rules governing promotional hosting expenditures by agricultural commodity commission employees, agents, or commissioners. The rules governing promotional hosting expenditures for the Washington State Potato 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:

Commissioner/Commission employees -- Individual commissioners and commission staff 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 as 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 hosting shall be required;

(b) General purpose of the hosting;

(c) Date of hosting;

(d) To whom payment was or will be made;

(e) Signature of person seeking payment or reimbursement;

(4) The chairman of the commission and/or the Executive Director or Assistant Executive Director 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 State potatoes and potato products, provided that such hosting shall not violate federal or state conflict of interest laws:

(a) Individuals from private business and accompanying interpreter or interpreters;

(b) Foreign government officials and accompanying interpreter or interpreters;

(c) Federal, state, and local 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 State potatoes and potato products.

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Washington State Code Reviser's Office