5284-S.E AMS NGUY S4703.2
ESSB 5284 - S AMD 590
By Senator Nguyen
PULLED 02/08/2024
Strike everything after the enacting clause and insert the following:
Sec. 1. "RCW 42.17A.345 and 2019 c 428 s 26 are each amended to read as follows:
(1)(a) Each commercial advertiser who has accepted or provided political advertising or electioneering communications during the election campaign shall maintain current books of account and related materials as provided by rule that shall be open for public inspection during normal business hours during the campaign and for a period of no less than five years after the date of the applicable election. The documents and books of account shall specify:
(((a)))(i) The names and addresses of persons from whom it accepted political advertising or electioneering communications;
(((b)))(ii) The exact nature and extent of the services rendered; and
(((c)))(iii) The total cost and the manner of payment for the services.
(b) Digital communication platforms are not required to maintain targeted audience information as part of books of account and related materials requirements under this subsection including, but not limited to, descriptions of demographic information, statistical characteristics of audiences targeted and reached, or number of impressions generated by the advertisement or communication.
(2) At the request of the commission, each commercial advertiser required to comply with subsection (1) of this section shall provide to the commission copies of the information that must be maintained and be open for public inspection pursuant to subsection (1) of this section.
(3) Any person who purchases political advertising or electioneering communications from a commercial advertiser must disclose upon request from the commercial advertiser:
(a) That the purchase includes political advertising or electioneering communications;
(b) The name of the sponsor, if different than the person making the purchase; and
(c) Any other information the commercial advertiser is required to maintain, as provided by this section or rule.
(4)(a) Any person who purchases political advertising or electioneering communications directly from a digital communication platform must provide an attestation that the advertisement is a political advertisement or electioneering communication as part of the advertisement.
(b) The digital communication platform must establish:
(i) A review process to confirm whether advertising purchasers have correctly attested to whether or not the advertisement is a political advertisement or electioneering communication; and
(ii) A mechanism that allows users of the digital communication platform to report any advertisement that is not in compliance with this subsection.
(5) Any failure to provide the required information in subsections (3) and (4) of this section is a violation under this chapter, but such failure shall not relieve a commercial advertiser of any of the requirements under this section.
NEW SECTION.  Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
ESSB 5284 - S AMD 590
By Senator Nguyen
PULLED 02/08/2024
On page 1, line 2 of the title, after "disclosure;" strike the remainder of the title and insert "amending RCW 42.17A.345; and declaring an emergency."
EFFECT: Removes expansion of the period when political and incidental committees, first meeting filing criteria, must file statements of organization on the shortened timeline of three business days. Removes modification of the dates when contribution and expenditure reports must be filed and the period of time included in the reports. Removes the repeal of the prohibitions against contributions, expenditures, and electioneering by foreign nationals and the accompanying certification requirement. Removes the increase in the threshold for triggering special reports on aggregate contributions from a single source and the expansion to the special reporting period. Removes the prohibition on contributions and expenditures by foreign-influenced corporations. Removes the requirement that corporations certify that they are not a foreign-influenced corporation when making an expenditure or contribution.
Requires any person who purchases political advertising or electioneering communications from a digital communication platform to attest that the advertisement is a political advertisement or electioneering communication as part of the advertisement. Requires the digital communication platform to establish a review process to confirm whether advertising purchasers have correctly attested and a mechanism for digital communication platform users to report whether advertisements are in compliance with the attestation requirement. Provides that failure to attest is a violation under public disclosure laws. Specifies that digital communication platforms are not required to maintain targeted audience information as part of commercial advertising records.
Adds an emergency clause for the bill to take effect immediately upon passage.
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