Date of Adoption: May 25, 1999.

Purpose: The amendment rewrites the rule to make it more easily understood.

Citation of Existing Rules Affected by this Order: Amending WAC 390-18-050 Commercial advertisers--Public inspection of records.

Statutory Authority for Adoption: RCW 42.17.370(1).

Adopted under notice filed as WSR 99-09-074 on April 19, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

May 26, 1999

Vicki Rippie

Assistant Director

OTS-3069.1

AMENDATORY SECTION(Amending WSR 93-04-072, filed 1/29/93, effective 3/1/93)

WAC 390-18-050
Commercial advertisers--Public inspection of records.

(1) Pursuant to RCW 42.17.110, any person, without reference to or permission from the public disclosure commission, is entitled to inspect the political advertising records of a commercial advertiser.

(2) No commercial advertiser shall be required to make available for public inspection information regarding political advertising prior to the time when the advertisement has initially received public distribution or broadcast.

(3) The documents and books of account ((which)) that must be maintained open for public inspection pursuant to RCW 42.17.110 (1)(((a), (b) and (c) shall at a minimum include the following information)) are:

(a) The name of the candidate or ballot measure supported or opposed;

(b) The name and address of the person who sponsored the advertising;

(c) The total cost of the advertising, how much of that amount has been paid, who made the payment, when it was paid, and ((how)) what method of payment was ((made)) used; and

(d) Date(s) ((the services of)) the commercial advertiser ((was)) rendered((;

(e) RCW 42.17.110 (1)(c) requires the maintenance of records which show the exact nature and extent of services rendered.  Sufficient information describing)) service.

(4) In addition to subsection (3) of this section and pursuant to RCW 42.17.110 (1)(b), the documents and books of account open for public inspection must include a description of the major work components or tasks ((which)), as specified in (a) through (f) of this subsection, that were required to provide the advertising services ((satisfies this requirement; examples of which include, but are not limited to, the following:)).

(((i))) (a) For printers, reproducers and ((similar print commercial advertisers)) other persons who provide commercial duplicating services: Quantity ((or)) of items, ((amount of space,)) item description, design, layout, typesetting, photography, printing, silk screening, ((bindery;)) binding.

(((ii))) (b) For mailing services: Quantity of items mailed, ((bindery or)) binding, stuffing, labeling, list or directory services, postage or delivery((;)).

(((iii))) (c) For broadcast media: Time ((or)) and number of spot advertisements.  If the broadcaster provides additional services such as copy writing, talent, production, and tape reproduction, some type of record or notation evidencing the additional service ((should)) must be available.

(((iv))) (d) For billboard or sign companies: Number and location of signs, design, printing and art work, erection/removal costs((;)).

(((v))) (e) For specialty or novelty commercial advertisers: Quantity of items provided, silk screening, design, printing and art work((;)).

(((vi))) (f) For newspapers and other print media: Amount of advertising space and ((frequency that advertisement is run)) dates of publication.  If the advertiser provides additional services such as design or layout, some type of record evidencing such additional services ((should)) must be available.

[Statutory Authority: RCW 42.17.370.  93-04-072, § 390-18-050, filed 1/29/93, effective 3/1/93.]

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