HB 2226 -
By Representative Jinkins
On page 3, after line 4, strike all material through "extended." on
line 24 and insert the following:
"(1) The commission, in consultation with the department of
archaeology and historic preservation, may permit commercial
advertising on or in state parks lands and buildings when all the
following conditions and standards are met with regard to the
commercial advertising:
(a) It conforms to the United States secretary of the interior's
standards for the treatment of historic properties when applied to
advertising affecting historic structures, cultural and historic
landscapes, and archaeological sites;
(b) It does not detract from the integrity of the park's natural,
cultural, historic, and recreational resources and outstanding scenic
view sheds;
(c) It does not create a potential conflict of interest because of
the commercial or corporate entity's regulatory or business
relationships with the commission; and
(d) It will acknowledge individuals and organizations that are
donors or sponsors of park events or projects or support the
sustainability of park concessionaires, lessees, or service providers.
(2) The commission is encouraged to use its advertising authority
to promote:
(a) Community economic development near state parks;
(b) Wellness, healthy food options, healthy behaviors, and any
other public health goals or principles adopted by the state; and
(c) Park visitor awareness of services and activities within and
near each park.
(3) The commission shall adopt standards for advertising, naming,
product placement, and other forms of commercial recognition that
require the commission to define and prohibit, at minimum, the
following:
(a) Obscene, indecent, or discriminatory content;
(b) Political or public issue advocacy content;
(c) Products, services, or other materials that are offensive,
insulting, disparaging, or degrading; or
(d) Products, services, or messages that are contrary to the public
interest, including any advertisement that encourages or depicts unsafe
behaviors or encourages unsafe or prohibited recreation activities.
Tobacco and cannabis must be included among the products prohibited
under this subsection (3)(d).
(4) Notwithstanding subsection (1) of this section, commercial
advertising, including product placement, is permitted on commission
web sites, electronic social media, and printed materials within or
outside of state parks.
NEW SECTION. Sec. 5 A new section is added to chapter 79A.05 RCW
to read as follows:
(1) When entering into any agreement under RCW 79A.05.345 or
otherwise involving the management of state park land or a facility by
a public or private partner, the commission shall consider, when
appropriate:
(a) If the entity has an adequate source of available funding to
assume the financial responsibilities of the agreement;
(b) If the entity has sufficient expertise to assume the scope of
responsibilities of the agreement;
(c) If the agreement results in net financial benefits to the
state; and
(d) If the agreement results in advancement of the commission's
public purpose.
(2) Any agreement subject to this section must include specific
performance measures. The performance measures must cover, but are not
limited to, the entity's ability to manage financial operating costs,
to adequately perform management responsibilities, and to address and
respond to public concerns. The agreement must provide that failure to
meet any performance measure may lead to the termination of the
contract or requirements for remedial action to be taken before the
agreement may be extended.
(3) The commission's authority to enter into agreements under this
section, section 4 of this act, or RCW 79A.05.345 does not include the
ability to rename any state park after a corporate or commercial
entity, product, or service."
Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.
EFFECT: Places the following conditions on commercial advertising
associated with state parks lands and activities:
Provides that the parks and recreation commission, in consultation
with the department of archaeology and historic preservation, must
follow certain standards and conditions before approving advertising on
or in state parks lands or buildings;
Requires the state parks and recreation commission to adopt
standards for commercial recognition that prohibits certain types of
advertising content;
Encourages the state parks and recreation commission to use its
advertising authority to promote certain public interest objectives;
and
Prohibits the state parks and recreation commission from naming a
state park or state park building after a commercial entity, product,
or service.