BILL REQ. #:  H-2269.1 

Read first time 03/22/11.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to advertisements relating to licensing services in department of licensing publications and on the department of licensing web site; adding a new section to chapter 46.01 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that the department of licensing's publications and web site provide timely and useful information to the public about licensing programs and services. The publications and web site are informative in nature and do not serve as a public forum or a limited public forum for the discussion or exchange of ideas. The legislature further finds that allowing the department of licensing to sell advertisements in its publications and internet advertisements for display on its web site could provide new sources of revenue for the agency to better deliver licensing services. Therefore, the legislature intends to allow the department of licensing to sell advertisements in its publications and internet advertisements for display on its web site, provided that the advertisements are consistent with the business mission of the agency as well as any internet advertisement guidelines adopted by the agency.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.01 RCW to read as follows:
     (1) Beginning September 1, 2011, the department may sell advertisements in its publications and internet advertisements for display on the department's web site in connection with services and programs. In publications where advertisements are included and locations where internet advertisements are offered, the publication or web site must also include a disclaimer, indicating that the inclusion of advertisements does not imply endorsement by the state.
     (2) Prior to selling advertisements, the department must develop policy, style, and content guidelines for advertisements that ensure that the subject matter of any advertisement published or displayed by the department directly relates to the business mission and purpose of the department. The department's policy, and implementation of the policy, must be consistent with legal requirements to assure that the venue is not a public forum consistent with the United States Constitution and Washington state Constitution and legal interpretations of both Constitutions. The attorney general must approve, in writing, policies established under this section prior to the sale and posting of any advertisement. The approval by the attorney general is not exempt from public disclosure.
     (3) Revenue generated from the sale of advertisements under this section must be deposited in the highway safety fund created in RCW 46.68.060.
     (4) For the purposes of this section, "internet advertisement" refers to specific advertising methods on the internet, including display or banner advertisements, sponsorships, and business listings where goods or services might be purchased online.