WSR 09-17-130

PROPOSED RULES

DEPARTMENT OF

GENERAL ADMINISTRATION

[ Filed August 19, 2009, 10:17 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-14-103.

Title of Rule and Other Identifying Information: New chapter 236-17 WAC, Use of public areas of the capitol campus. This rule will establish how the department of general administration (GA) will consider appropriate time, place and manner criteria in evaluating and approving requests for use of the public areas of the capitol buildings and grounds.

Hearing Location(s): Auditorium, 1st Floor, General Administration Building, 210 11th Avenue, Olympia, WA, on September 22, 2009, at 4:00 p.m.

Date of Intended Adoption: October 21, 2009.

Submit Written Comments to: Jack Zeigler, P.O. Box 41000, Olympia, WA 98504-1000, e-mail jack.zeigler@ga.wa.gov, by September 22, 2009.

Assistance for Persons with Disabilities: Contact Ken Skillen by September 15, 2009, kskille@ga.wa.gov or (360) 902-7481.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to establish how GA will consider reasonable time, place and manner criteria in evaluating and approving requests for use of the public areas of the capitol buildings and grounds.

Proposed changes to existing chapter 236-17 WAC, State capitol grounds traffic and parking regulations. Amending WAC 236-12-430 Demonstrations, parades -- Obstructing traffic, state business -- Prohibiting and 236-12-440 Permits for demonstrations, parades, processions.

Reasons Supporting Proposal: These rules will provide clarity on how GA will consider reasonable time, place and manner criteria in evaluating and approving requests for use of the public areas of the capitol buildings and grounds while balancing the conduct of government business and the stewardship of the historic capitol buildings and grounds.

Statutory Authority for Adoption: RCW 43.19.125 and 46.08.150.

Statute Being Implemented: RCW 43.19.125 and 46.08.150.

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

Name of Proponent: Department of general administration, governmental.

Name of Agency Personnel Responsible for Drafting: Martin Casey, GA, 210 11th Avenue S.W., P.O. Box 41000, Olympia, WA 98501, (360) 902-7225; Implementation: Pattie Williams, GA, 416 Sid Snyder Avenue, Legislative Building, Room 111, P.O. Box 41034, Olympia, WA 98504-1034, (360) 902-8885; and Enforcement: Chief John Batiste, Washington State Patrol, 210 11th Avenue S.W., P.O. Box 42600, Olympia, WA 98504-2600, (360) 596-4101.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no disproportionate cost to small business.

A cost-benefit analysis is not required under RCW 34.05.328. There is no more than minimal cost to business.

August 19, 2009

Linda Villegas Bremer

Director

OTS-2617.2

Chapter 236-17 WAC

USE OF THE PUBLIC AREAS OF THE CAPITOL BUILDINGS AND GROUNDS

GENERAL PROVISIONS
NEW SECTION
WAC 236-17-010   Purpose.   The purpose of these rules is to provide guidance regarding the use of the public areas of the capitol buildings and grounds by the public for free speech and assembly activities, for commercial activities, and for private activities. General administration's objective is to balance the conduct of government business with public access and expression and the stewardship of the historic capitol buildings and grounds. These rules are not applicable to the conduct of government.

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NEW SECTION
WAC 236-17-020   Nondiscrimination.   General administration shall not discriminate in the application of these rules on the basis of race, religion or creed, color, national origin, age, disability, the use of a service animal, marital status, veteran's status, sexual orientation or gender identity, or political viewpoint.

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NEW SECTION
WAC 236-17-030   Definitions.   For purposes of these rules, these words or phrases have the following meaning:

(1) "Activity" means one or more people gathering for a common purpose or cause.

(2) "Applicant," "I," "you" or "your" refers to any person(s) or organization(s) seeking permission to use the public areas of the capitol buildings and grounds.

(3) "Capitol buildings and grounds" means those buildings and grounds over which the department of general administration exercises custody and control under RCW 43.19.125.

(a) "Buildings" means enclosed buildings and adjoining structures.

(b) "Grounds" means exterior spaces including, but not limited to, walkways, plazas, lawns, plantings and parks.

The capitol buildings and grounds include such locations as the capitol campus, Heritage Park, Marathon Park, Centennial Park, Sylvester Park, the Old Capitol Building, the surface and shores of Capitol Lake, and Deschutes Parkway.

(4) "Commercial activity" means an activity that promotes, creates, or exchanges commercial products or services. Commercial activities may include, but are not limited to, advertising, fund-raising, buying or selling any product or service, encouraging paid membership in any group, association or organization, or the marketing of commercial activities. Commercial activities do not include such activities by or for government entities.

(5) "Director" means the director of the department of general administration.

(6) "Exhibit" or "display" means an object or collection of objects presented publicly with the intention to communicate facts, a particular impression, a viewpoint or an opinion. Exhibits or displays may include, but are not limited to, paintings, sculpture, ceramics, photographs, video or computer screens, informational booths and tables, or other similar objects and arrangements.

(7) "Free speech and assembly activity" means an activity for the purpose of communicating information or ideas to others that are intended to or likely to draw the attention, attendance, or participation of others. Free speech and assembly activities may include, but are not limited to, assemblies, marches, rallies, performances, community events, press conferences, demonstrations, celebrations, ceremonies, speeches and other similar expressive activities.

(8) "General administration," "department," "us," or "we" refers to the department of general administration.

(9) "Permit" means a written permit issued by the department of general administration authorizing the use of public areas of the capitol buildings and grounds when required by these rules.

(10) "Private activity" means an activity sponsored by a private individual, business or organization that is not open to the general public. Private activities may include, but are not limited to, banquets, receptions, award ceremonies, weddings, concerts, dances, and seminars.

(11) "Public area" means those areas of the capitol buildings and grounds that are generally open to the public, such as a building's primary public entrance lobby, rotundas and adjoining public mezzanines, and exterior plazas and lawns. Public areas do not include offices, meeting rooms, and other work areas that are ordinarily reserved for or primarily devoted to conducting the business and operations of state government, the governor's mansion, and any area which is identified by a sign pursuant to WAC 236-12-450 indicating that the area is not open to the public.

(12) "Service animal" means an animal, including guide dogs, trained to do work or perform tasks for the benefit of a person with a disability, as defined by applicable state and/or federal laws.

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PERMIT APPLICATION REQUIREMENTS
NEW SECTION
WAC 236-17-100   Do I need to apply for a permit?   You do not need a permit for free speech and assembly activities involving less than twenty-five people. However, a permit enables you to reserve access to specific locations and amenities for specific times.

A permit is required for free speech and assembly activities that are reasonably expected to involve twenty-five or more people and for all private or commercial activities so that we can schedule and manage the many activities and visitors that come to the capitol buildings and grounds each year. This process is essential to balancing the conduct of government business with public access and expression and the stewardship of the historic capitol buildings and grounds.

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NEW SECTION
WAC 236-17-110   When do I have to apply?   You must give us a completed application at least two working days prior to the date that you wish to reserve if your activity requires a permit. You may not submit an application more than one hundred twenty working days in advance of the date that you wish to reserve. Where circumstances establish good cause, the director may waive these time requirements.

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NEW SECTION
WAC 236-17-120   What information do I have to provide?   (1) On your application, you must provide the following information:

(a) Your name and street address or e-mail address or telephone number.

(b) Your desired date, time, duration, and location for your activity.

(c) A description of the nature and type of activity.

(d) An estimate of the number of people who will attend your activity.

(e) A description of any equipment or gear to be used for your activity.

(2) We may also require additional information, including but not limited to:

(a) Any special consideration or accommodations being requested; and

(b) Any services provided by general administration that you will need and for which there are fees. These may include, but are not limited to, custodial services, sound or electrical equipment set-up or tear-down, or temporary amenities such as speaker stands, tents, platforms, stages, or chairs.

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NEW SECTION
WAC 236-17-130   How long will it take to make a decision on my application?   We shall issue you a permit or deny your application as promptly as reasonably possible, and in all cases within two working days of receiving your completed application form. We shall state the reasons for any denial to you in writing.

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NEW SECTION
WAC 236-17-140   How will general administration make a decision on my application?   First priority for the use of capitol buildings and grounds is for state government needs. If there would be no conflict with state government needs, we will process permit applications for other uses on a first-come, first-served basis.

We shall also consider whether your requested activity complies with our general use requirements (WAC 236-17-200 through 236-17-280) and any other applicable requirements set forth in this chapter.

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NEW SECTION
WAC 236-17-150   How can I appeal a denial of my application?   To appeal a denial of your application, you must submit your appeal in writing to the director of general administration within five working days of the denial. Your appeal must state why you think the application was improperly denied.

The director shall issue a decision on the appeal in writing within three working days of receiving it, and this will be the final decision of the department of general administration.

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GENERAL USE REQUIREMENTS
NEW SECTION
WAC 236-17-200   General use requirements.   The following general use requirements apply to all activities in the public areas of the capitol buildings and grounds, including free speech and assembly activities and private or commercial activities, regardless of whether a permit is required under WAC 236-17-100. These requirements are not applicable to government activities. These requirements are intended to facilitate use of the public areas of the capitol buildings and grounds while protecting the normal conduct of state operations, the safety of people and property, and the condition and appearance of the capitol buildings and grounds.

All activities in the public areas of the capitol buildings and grounds shall comply with all applicable laws, rules and regulations.

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NEW SECTION
WAC 236-17-210   General administration may set reasonable time, place, and manner limits on activities.   We may establish reasonable time, place, and manner restrictions for use of the public areas of the capitol buildings and grounds, according to design, health, safety, operational or other such considerations. We may make further details about such reasonable time, place, and manner restrictions available for public inspection during normal business hours or post them where appropriate. These may include, but are not limited to:

(1) Time and duration available for use;

(2) The maximum number of people or vehicles allowed at any particular location for any given time or period; and

(3) Locations available for use.

We shall not permit an activity where it would conflict with the date, time, or location of a previously permitted activity and where multiple activities cannot be reasonably accommodated at the same time. We may recommend to you other options for dates, times, or locations if your request would conflict with a previously permitted activity.

No exhibits or displays may be placed in or posted or affixed to any capitol building.

Banners or signs may be used during an activity in a capitol building only if they are handheld and not affixed to sticks or poles.

Banners, signs, exhibits or displays may be placed or posted on the capitol grounds. Such items must be removed at the end of the activity. Such items must also clearly identify the sponsor and contain a disclaimer stating that they are not owned, maintained, promoted, or supported by or associated with the state. The state assumes no liability for loss or damage to such items.

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NEW SECTION
WAC 236-17-220   Activities may not disrupt the conduct of government business.   No activity may disrupt, conflict with, or interfere with the normal conduct of any state business, meeting, or proceeding.

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NEW SECTION
WAC 236-17-230   Activities may not obstruct safe access for people or vehicles.   No activity may obstruct entrances, exits, staircases, doorways, hallways, or the safe and efficient flow of people or vehicles.

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NEW SECTION
WAC 236-17-240   Activities may not create a hazard to people or damage to property.   We shall not permit activities in any location where they would present a hazard to people or property.

You may not alter or cause damage to capitol buildings or grounds.

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NEW SECTION
WAC 236-17-250   Service animals are allowed.   You may have service animals in the public areas of the capitol buildings and grounds. All other pets or domestic animals are prohibited in the public areas of capitol buildings, except as part of the conduct of state government business.

You may have pets or domestic animals in the public areas of the capitol grounds; however, you must keep them under your direct physical control and clean up after them at all times. The director may designate off-leash areas in the public areas of the capitol grounds, and any such areas will be clearly posted.

You may not allow your pet or domestic animal to menace or injure other people or animals.

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NEW SECTION
WAC 236-17-260   Permits are not transferable.   You may not transfer your permit to another person or organization. Activities may only be held in the area and during the time period designated by the permit.

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NEW SECTION
WAC 236-17-270   General administration may cancel a permit.   We may cancel your permit at any time if your activity does not comply with any applicable laws and rules or the terms of the permit. If your permit is canceled and you persist in your activity, appropriate law enforcement action may be taken.

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NEW SECTION
WAC 236-17-280   General administration may limit use at any time due to unforeseen operational circumstances.   We reserve the right to cancel a permit or limit use of the public areas of the capitol buildings and grounds at any time due to unforeseen operational circumstances, including, but not limited to, urgent security concerns, emergency repairs, or other state government needs. We will make reasonable efforts to alleviate the effects of such circumstances on permitted activities.

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FREE SPEECH AND ASSEMBLY ACTIVITIES
NEW SECTION
WAC 236-17-300   People are welcome to exercise their rights to free speech and assembly.   People are welcome to exercise their rights to free speech and assembly at the capitol buildings and grounds. In addition to our general use requirements described above, the following requirements are intended to facilitate use of the public areas of the capitol buildings and grounds, regardless of whether a permit is required under WAC 236-17-100, while protecting the normal conduct of state operations, the safety of people and property, and the condition and appearance of the capitol buildings and grounds.

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NEW SECTION
WAC 236-17-310   There is no fee for free speech and assembly activity permits.   There is no fee for a permit for free speech and assembly activities. However, you may be responsible for paying for any services provided by general administration that you will need (such as for equipment set-up or custodial services). In order to effectively manage our services, you must submit your request for our services at least five working days prior to your activity.

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NEW SECTION
WAC 236-17-320   General administration may set reasonable time, place, and manner limits on free speech and assembly activities.   We may set reasonable time, place, and manner limits on free speech and assembly activities in the public areas of the capitol buildings and grounds, according to design, health, safety, operational or other such considerations. These may include, but are not limited to, limits designated by the director under WAC 236-17-210.

Free speech and assembly activities may not exceed fourteen consecutive calendar days in duration. We may set further limits on duration in order to accommodate and manage the many activities and visitors that come to the capitol buildings and grounds.

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PRIVATE AND COMMERCIAL ACTIVITIES
NEW SECTION
WAC 236-17-400   Private and commercial activities may be permitted if consistent with state government needs.   In addition to the general use requirements described above, these requirements are intended to accommodate private and commercial use of the public areas of the capitol buildings and grounds to the extent such use is consistent with state government needs and while protecting the normal conduct of state operations, the safety of people and property, and the condition and appearance of the capitol buildings and grounds.

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NEW SECTION
WAC 236-17-410   Private and commercial activities may be charged applicable fees.   General administration shall establish a fee schedule for permits for private and commercial activities and make the fee schedule available for public inspection. You are also responsible for paying for any services provided by general administration that you will need (such as for equipment set-up or custodial services). In order to effectively manage our services, you must submit your request for our services at least five working days prior to your activity.

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NEW SECTION
WAC 236-17-420   General administration may set reasonable time, place, and manner limits on private and commercial activities.   We may set reasonable time, place, and manner limits on private and commercial activities in the public areas of the capitol buildings and grounds, according to design, health, safety, operational or other such considerations. These may include, but are not limited to, limits designated by the director under WAC 236-17-210.

Private and commercial activities may not exceed fourteen consecutive calendar days in duration. Where circumstances establish good cause, the director may waive this time requirement.

Private or commercial sales, solicitation, or fund-raising activities are not permitted in the public areas of capitol campus buildings.

We may designate locations in less formal public areas of the capitol grounds such as Heritage Park, Sylvester Park, or Marathon Park for commercial vendor sales and for fund-raising activities by not-for-profit organizations as part of a permitted public community event such as Capital Lakefair, Music in the Park, or the Capital City Marathon.

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NEW SECTION
WAC 236-17-430   General administration may require additional conditions for private and commercial activities.   We may require additional conditions for private and commercial activities through written contract or agreement, including, but not limited to:

(1) Liability insurance covering the applicant and the activity;

(2) Hold harmless and indemnification provisions; and

(3) Information on your ability to finance, plan, and manage the activity in order to protect the normal conduct of state operations, the safety of people and property, and the condition and appearance of the capitol buildings and grounds.

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OTS-2616.2


AMENDATORY SECTION(Amending Order 81-1, filed 5/7/81)

WAC 236-12-430   Demonstrations, parades -- Obstructing traffic, state business -- Prohibiting.   No person(([,])) singly, or in combination with others, shall engage in demonstrations ((or)), parades, or other similar activities in such a manner as to disrupt the orderly flow of pedestrian or vehicular traffic on the state capitol grounds or the conduct of state business by state employees on the state capitol grounds or in any buildings on the state capitol grounds.

[Statutory Authority: RCW 43.17.060, 43.19.125 and 46.08.150. 81-11-001 (Order 81-1), 236-12-430, filed 5/7/81; Order 12, 236-12-430, filed 12/19/73; Order 4, 236-12-430, filed 2/10/69; Emergency Order 2, 236-12-430, filed 12/18/68.]


AMENDATORY SECTION(Amending Order 79-01, filed 4/11/79)

WAC 236-12-440   Permits for demonstrations, parades, processions.   ((Any)) In order not to disrupt the orderly flow of pedestrian or vehicular traffic on the state capitol grounds, a person or group of persons desiring to conduct a demonstration, parade(([,])) or procession of twenty-five or more people on the state capitol grounds shall apply to the ((director)) department for ((written approval)) a permit using the process outlined in chapter 236-17 WAC. ((Application must be made, in writing, at least four days, excluding Saturdays, Sundays and holidays, prior to the time the demonstration, parade, or procession is to take place.))

[Statutory Authority: RCW 46.08.150. 79-05-005 (Order 79-01), 236-12-440, filed 4/11/79; 78-05-006 (Order 78-3), 236-12-440, filed 4/7/78; Order 12, 236-12-440, filed 12/19/73; Order 4, 236-12-440, filed 2/10/69; Emergency Order 2, 236-12-440, filed 12/18/68.]

Washington State Code Reviser's Office