WSR 13-19-044
PROPOSED RULES
APPLE COMMISSION
[Filed September 13, 2013, 10:49 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-15-086.
Title of Rule and Other Identifying Information: WAC 24-16-030 Rules for implementation of promotional hosting by the Washington apple commission.
Hearing Location(s): Natural Resource[s] Building, 1111 Washington Street S.E., 2nd Floor, Conference Room 205, Olympia, WA 98504, on October 24, 2013, at 1:30 p.m.
Date of Intended Adoption: November 6, 2013.
Submit Written Comments to: Kelly Frost, P.O. Box 42560, Olympia, WA 98504-2560, e-mail kfrost@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., October 25, 2013.
Assistance for Persons with Disabilities: Contact WSDA receptionist by October 16, 2013, TTY 1-800-833-6388 or (360) 902-1976.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules identify those authorized to make expenditures for the Washington apple commission with respect to promotional hosting and the objectives for those expenditures.
Reasons Supporting Proposal: The Washington apple commission is proposing rules on promotional hosting in accordance with RCW 15.04.200.
Statutory Authority for Adoption: RCW 15.04.200, chapters 15.24, 34.05 RCW.
Statute Being Implemented: RCW 15.04.200.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington apple commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Todd Fryhover, 2900 Euclid Avenue, Wenatchee, WA 98801, (509) 663-9600.
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.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington apple commission is not a listed agency under RCW 34.05.328 (5)(a)(i).
September 13, 2013
Todd Fryhover
President
Chapter  24 - 16  WAC
RULES OF THE WASHINGTON STATE APPLE COMMISSION
NEW SECTION
WAC 24-16-030 Rules for implementation of promotional hosting by the Washington apple 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. "Promotional hosting" means the hosting of individuals or groups of individuals at meetings, meals, events, tours, or other gatherings for the purpose of agricultural development, trade promotion, cultivating trade relations, or in the aid of the marketing, advertising, or sale of Washington state apples. "Hosting" may include providing meals, refreshments, lodging, transportation, gifts of nominal value, reasonable and customary entertainment, and normal incidental expenses at meetings or gatherings.
The rules governing promotional hosting expenditures for the Washington apple 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 in the commission's annual budget as approved by the commission and the director.
(2) Officials and agents authorized to make expenditures. The following officials and agents are authorized to make expenditures for agricultural development, trade promotion, and promotional hosting in accordance with the provisions of these rules:
(a) Commissioners;
(b) President;
(c) Vice-president;
(d) Export marketing staff;
(e) Contracted international representatives of the commission as defined within the scope of their contract with the commission.
Individual commissioners shall make promotional hosting expenditures, and seek reimbursements for those expenditures, only in those instances where expenditures have been approved by the commission.
(3) Payment and reimbursement. All payments and reimbursements shall be identified and supported by an expense report and promotional hosting form to which receipts are attached. These forms will be supplied by the commission, and shall require the following information:
(a) Name and company (if applicable) of each person hosted;
(b) General purpose of the hosting;
(c) Date of the 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 commission chair, president/secretary, and vice-president/treasurer are authorized to approve direct payment or reimbursements submitted in accordance with these rules: Provided, That they are not authorized to approve their own invoices.
(5) The following persons may be hosted when it is reasonably believed such hosting will promote agricultural development, promote trade, cultivate trade relations, or aid in the marketing, advertising, or sale of Washington state apples: Provided, That such hosting shall not violate federal or state conflict of interest laws:
(a) Individuals from private business, associations, commissions, and accompanying staff and interpreter(s);
(b) Foreign government officials and accompanying staff and interpreter(s);
(c) Federal, state and local officials: Provided, That lodging, meals, and transportation will not be provided when such officials may obtain full reimbursement for these expenses from their governmental employer;
(d) The general public, at meetings or gatherings open to the general public;
(e) Commissioners, employees and contracted international representatives 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 promote agricultural development, promote trade, cultivate trade relations, or aid in the marketing, advertising, or sale of Washington state apples;
(f) Spouses, or significant others of the persons listed in (a), (b), (c), and (e) of this subsection when attendance of such spouse or significant other is customary and expected or will serve to promote agricultural development, promote trade, cultivate trade relations, or aid in the marketing, advertising, or sale of Washington state apples.