WSR 99-09-074



[ Filed April 19, 1999, 2:59 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-06-064.

Title of Rule: WAC 390-18-050 Commercial advertisers--Public inspection of records.

Purpose: Assist commercial advertisers in complying with the law.

Statutory Authority for Adoption: RCW 42.17.370(1).

Statute Being Implemented: RCW 42.17.110.

Summary: The proposed amendment rewrites the rule to make it more easily understood.

Reasons Supporting Proposal: The proposed amendment provides better guidance to commercial advertisers and the public.

Name of Agency Personnel Responsible for Drafting and Implementation: Vicki Rippie, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 586-4838; and Enforcement: Susan Harris, Public Disclosure Commission, 711 Capitol Way, Room 403, Olympia, (360) 753-1981.

Name of Proponent: Public Disclosure Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule implements RCW 42.17.110 by clarifying what types of records commercial advertisers must make available for public inspection. The proposed amendment provides clearer guidance.

Proposal Changes the Following Existing Rules: The changes are stylistic rather than substantive.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an economic impact on small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Public Disclosure Commission is not specified in section 201, chapter 403, Laws of 1995, as being subject to this section nor has it been brought under the section as otherwise provided in the chapter law.

Hearing Location: Senate Hearing Room #2, John A. Cherberg Building, First Floor, 304 15th Avenue, Capitol Campus, Olympia, WA, on May 25, 1999, at 9:00 a.m.

Assistance for Persons with Disabilities: Jennifer Alloway, 753-1111.

Submit Written Comments to: Vicki Rippie, Public Disclosure Commission, P.O. Box 40908, Olympia, WA 98504-0908, fax (360) 753-1112 by May 12, 1999.

Date of Intended Adoption: May 25, 1999.

April 16, 1999

Vicki Rippie

Assistant Director


AMENDATORY SECTION(Amending WSR 93-04-072, filed 1/29/93, effective 3/1/93)

WAC 390-18-050
Commercial advertisers--Public inspection of records.

(1) Pursuant to RCW 42.17.110, any person, without reference to or permission from the public disclosure commission, is entitled to inspect the political advertising records of a commercial advertiser.

(2) No commercial advertiser shall be required to make available for public inspection information regarding political advertising prior to the time when the advertisement has initially received public distribution or broadcast.

(3) The documents and books of account ((which)) that must be maintained open for public inspection pursuant to RCW 42.17.110 (1)(((a), (b) and (c) shall at a minimum include the following information)) are:

(a) The name of the candidate or ballot measure supported or opposed;

(b) The name and address of the person who sponsored the advertising;

(c) The total cost of the advertising, how much of that amount has been paid, who made the payment, when it was paid, and ((how)) what method of payment was ((made)) used; and

(d) Date(s) ((the services of)) the commercial advertiser ((was)) rendered((;

(e) RCW 42.17.110 (1)(c) requires the maintenance of records which show the exact nature and extent of services rendered.  Sufficient information describing)) service.

(4) In addition to subsection (3) of this section and pursuant to RCW 42.17.110 (1)(b), the documents and books of account open for public inspection must include a description of the major work components or tasks ((which)), as specified in (a) through (f) of this subsection, that were required to provide the advertising services ((satisfies this requirement; examples of which include, but are not limited to, the following:)).

(((i))) (a) For printers, reproducers and ((similar print commercial advertisers)) other persons who provide commercial duplicating services: Quantity ((or)) of items, ((amount of space,)) item description, design, layout, typesetting, photography, printing, silk screening, ((bindery;)) binding.

(((ii))) (b) For mailing services: Quantity of items mailed, ((bindery or)) binding, stuffing, labeling, list or directory services, postage or delivery((;)).

(((iii))) (c) For broadcast media: Time ((or)) and number of spot advertisements.  If the broadcaster provides additional services such as copy writing, talent, production, and tape reproduction, some type of record or notation evidencing the additional service ((should)) must be available.

(((iv))) (d) For billboard or sign companies: Number and location of signs, design, printing and art work, erection/removal costs((;)).

(((v))) (e) For specialty or novelty commercial advertisers: Quantity of items provided, silk screening, design, printing and art work((;)).

(((vi))) (f) For newspapers and other print media: Amount of advertising space and ((frequency that advertisement is run)) dates of publication.  If the advertiser provides additional services such as design or layout, some type of record evidencing such additional services ((should)) must be available.

[Statutory Authority: RCW 42.17.370.  93-04-072, 390-18-050, filed 1/29/93, effective 3/1/93.]

Washington State Code Reviser's Office