Subject of Possible Rule Making: To specify the grounds upon which the state may give a trespass warning, excluding a person from the capitol buildings and grounds and to put in place an administrative review process to satisfy a person's due process rights when given a trespass warning.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.19.125 and 43.19.011.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The public comes to the capitol building and grounds for many reasons, including: Participating in the legislative process; visiting legislators, executives or other state officials; engaging in free speech and assembly activities, touring the facilities; or conducting other business. To maintain the safety of all who come to the capitol buildings and grounds, to ensure the conduct of government is not disrupted, and to ensure that the grounds remain open to the public, the state may need to issue trespass warnings that exclude someone from the grounds for a finite period in the future. There must be specific bases for issuance of the trespass warnings, written notice as to when this would occur and a process for the administrative review of any trespass warning that is issued.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: This rule-making process is being coordinated with the Washington state patrol and the attorney general's office.

     Process for Developing New Rule: In addition to the coordination referenced above, we will be doing extensive outreach to stakeholder groups and will provide for sufficient time for both written and verbal comments.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by commenting to Scott Blonien, scott.blonien@des.wa.gov, (360) 407-8568.

October 24, 2012

Jack Zeigler

Policy Manager