WSR 07-24-089

EMERGENCY RULES

SECRETARY OF STATE


[ Filed December 5, 2007, 10:13 a.m. , effective December 5, 2007, 10:13 a.m. ]


Effective Date of Rule: Immediately.

Purpose: To permit use of the state seal on clothing items.

Citation of Existing Rules Affected by this Order: Amending WAC 434-04-020, 434-04-040, and 434-04-060.

Statutory Authority for Adoption: RCW 43.04.040(4).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Amendment of the rule promotes the general welfare by making available items with the state seal at a time when they will be most in demand.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 3, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 5, 2007.

Steve Excell

Assistant Secretary of State

OTS-1244.1


AMENDATORY SECTION(Amending WSR 89-20-031, filed 9/29/89, effective 10/30/89)

WAC 434-04-020   General permitted uses.   (1) Use of the state seal shall be permitted without the written authorization of the secretary in the following circumstances:

(a) Use and display of the seal by state agencies and state elected officials in connection with official state business, including use on wearing apparel. However, no state agency nor state elected official other than the secretary shall have authority to permit a contractor or other entity associated with a state agency or state elected official to use the seal for commercial purposes;

(b) Use of the seal for illustrative purposes by the news media for a publication or broadcast or for a characterization used in a political cartoon;

(c) Use of the seal on the state flag.

(2) Other uses of the seal shall require written authorization from the secretary.

[Statutory Authority: RCW 43.04.040(4). 89-20-031, 434-04-020, filed 9/29/89, effective 10/30/89.]


AMENDATORY SECTION(Amending WSR 89-20-031, filed 9/29/89, effective 10/30/89)

WAC 434-04-040   General prohibitions.   The seal shall never be used:

(1) In any advertising or other promotion for a business, organization, product, article or service, except as provided by license;

(2) In a manner which, in the judgement of the secretary, could mislead the public to believe that a business, organization, product, article or service carries official state sanction or state approval;

(3) In a political campaign to assist or defeat a candidate;

(4) In a manner which is deceptively similar in appearance to the seal;

(5) ((On wearing apparel including, but not limited to, hats, shirts, sweaters, jackets, shorts, sweatpants and socks, except:

(a) By state agencies and state elected officials in connection with official state business;

(b) As approved by the secretary for civic purposes such as by organizations officially representing the state.

(6))) In a manner such that any mark, insignia, letter, word, figure, design, picture, or drawing of any nature is placed upon it or on any part of it;

(((7))) (6) In any gambling activity except:

(a) When an item is to be used in a raffle which is approved and conducted in accordance with chapter 9.46 RCW and the use is approved under WAC 434-04-040; or

(b) When an item is to be used for official state business.

[Statutory Authority: RCW 43.04.040(4). 89-20-031, 434-04-040, filed 9/29/89, effective 10/30/89.]


AMENDATORY SECTION(Amending WSR 89-20-031, filed 9/29/89, effective 10/30/89)

WAC 434-04-060   Approval and denial of use -- Applications.   (1) In determining whether to grant authorization for use of the seal, the secretary shall consider the information provided by the applicant and shall apply the following standards:

(a) Whether the appearance of the seal on the product could mislead the public to believe that the product carries official state sanction or approval;

(b) Whether the use of the seal would tend to mislead the public into believing that a person, meeting, project or event carries official state sanction or approval;

(c) In addition, in the case of wearing apparel other than apparel worn by state officers or state employees in connection with official state business, whether the appearance of the seal on the product, or when worn on or in conjunction with other apparel, would tend to mislead the public to believe that the wearer has any official authority or status, including but not limited to authority or status as a law enforcement officer;

(d) Whether the dignity of the seal will be compromised if approval is granted;

(((d))) (e) Whether the use of the seal is prohibited as otherwise stated in this chapter and in chapter 43.04 RCW.

(2) A written letter of approval or denial from the secretary shall be sent through first-class mail;

(3) Approval shall be in the form of a nontransferable letter of authority. The letter shall set forth, at a minimum, provisions which stipulate:

(a) The limitation on the manufacture, manner of use, display and other employment;

(b) That the seal may not be used or be construed to be operated in any way as an endorsement by the state of Washington;

(c) That the state, in granting authority to use the seal, does not assume any liability in connection with the use of the seal.

(4) As condition to the letter of authority, applicants for commercial use of the seal shall execute a renewable, nonexclusive licensing agreement. Educational uses of the seal which are to be commercially distributed shall not be subject to a licensing agreement.

[Statutory Authority: RCW 43.04.040(4). 89-20-031, 434-04-060, filed 9/29/89, effective 10/30/89.]

Washington State Code Reviser's Office