WSR 07-08-112

PROPOSED RULES

BEER COMMISSION


[ Filed April 4, 2007, 11:37 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-03-175.

Title of Rule and Other Identifying Information: Chapter 16-505 WAC, Washington beer commission, for the newly formed Washington beer commission, proposed rules have been developed to put into force the assessment authorized by RCW 15.89.110. The assessments will begin with fourth quarter 2006 production. For the year 2007 and after, it is proposed that assessments would be collected annually the following January based upon the previous year's production data. Federal excise tax-reporting documents will be relied upon to confirm production information reported. The assessment amount is ten cents per barrel produced up to 10,000 barrels per location for an affected producer, as stated in the statute.

Hearing Location(s): Washington State Department of Agriculture, Conference Room 259, 1111 Washington Street S.E., Olympia, WA 98504, on May 24, 2007, at 10:00 a.m.

Date of Intended Adoption: June 6, 2007.

Submit Written Comments to: Teresa Norman, P.O. Box 42560, 1111 Washington Street S.E., Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., June 1, 2007.

Assistance for Persons with Disabilities: Contact the Washington state department of agriculture receptionist by 5:00 p.m., TTY (360) 902-1996 or (360) 902-1976.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In accordance with RCW 15.89.110, the commission is directed to adopt rules prescribing the time, place and method of payment and collection of the assessment from affected producers. The proposed rules will establish the first and subsequent production time frames for which assessments owing the Washington beer commission will be imposed and what information will be relied upon to confirm production information.

Statutory Authority for Adoption: RCW 15.89.070 and 15.89.110.

Statute Being Implemented: Chapter 15.89 RCW.

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

Name of Proponent:

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Arlen Harris, Olympia, (360) 391-1232.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal is regarding the date and methods for payment of the beer commission assessment. There is no economic impact associated with these methods.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule establishes the collection time frames of assessments; the assessment amount is in statute.

April 4, 2007

Arlen Harris

Executive Director

Chapter 16-505 WAC

Washington Beer Commission


NEW SECTION
WAC 16-505-010   Collection of assessment.   (1) The Washington beer commission is authorized under RCW 15.89.040 and 15.89.110(1) to collect an assessment upon beer produced by an affected producer. The annual assessment is ten cents per barrel of beer produced, up to ten thousand barrels per location, as verified by federal excise tax reports.

(2) The commission shall directly bill affected producers by providing written notice in the form of an assessment invoice. Affected producers shall calculate their assessment on the assessment invoice using the annual production figure as based upon their federal excise tax report. Affected producers must submit the completed assessment invoice, the assessment payment due and a copy of the affected producer's federal excise tax report for verification to the commission at the address specified on the assessment invoice.

(3) The first assessment will be due and payable to the commission in July 2007 and will be based upon beer production during the fourth quarter of 2006.

(4) The second assessment will be due and payable to the commission in January 2008 and will be based upon beer production during the calendar year of 2007.

(5) Assessments thereafter will be due and payable to the commission annually in January and will be based upon the previous year's production.

(6) At this time, assessments due and payable to the commission shall not be reduced based on in-kind contributions.

(7) Failure to receive an invoice for the previous year's product does not relieve an affected producer of its obligation to pay any assessment when due.

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NEW SECTION
WAC 16-505-015   Failure to pay assessment.   (1) In the event any affected producer fails to pay the commission the full amount of such assessment or such other sum on or before the date due, the commission may add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collection of the amount due.

(2) In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the commission may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

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Washington State Code Reviser's Office