Preproposal statement of inquiry was filed as WSR 03-08-098.
Title of Rule: Camping on state capitol grounds.
Purpose: To protect and preserve public property, health, safety, and security on the state capitol grounds.
Statutory Authority for Adoption: RCW 43.19.011, 43.19.125, and 46.08.150.
Statute Being Implemented: RCW 43.19.125, 46.08.150, and 46.08.160.
Summary: The rule prohibits camping on the state capitol grounds, unless permitted by the director of general administration. Camping is defined in the rule.
Reasons Supporting Proposal: Persons working, visiting, or exercising their rights to free speech and assembly on the state capitol grounds expect a safe, secure, and healthful environment. It is important to have mechanisms to control activities that create risks to public health, safety, and security.
Name of Agency Personnel Responsible for Drafting: Dave Schilperoort, General Administration, 1058 Capitol Way South, Olympia, WA 98504, (360) 902-0944; Implementation: Bill Moore, General Administration, 1058 Capitol Way South, Olympia, WA 98504, (360) 902-0951; and Enforcement: Ronal Serpas, State Patrol, 210 Columbia Street, Olympia, WA 98504, (360) 753-6545.
Name of Proponent: General Administration, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Per RCW 46.08.160, the state patrol shall be the chief enforcing authority for this rule. General administration will develop guidance criteria for evaluating requests to arrange any type of structure, shelter or bedding, or parking a vehicle, for purposes of habitation on state capitol grounds.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule is intended to balance the interests of access, safety, and security on the state capitol grounds for public employees, visitors, agency clients, and persons exercising their rights to free speech and assembly.
The rule will provide a means to control unauthorized camping activities that create public health, safety, or security risks. It will also provide a mechanism to enable persons exercising their rights to free speech and assembly to obtain authorization for vigils and other similar activities.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule focuses on activities of individuals or groups, not businesses, and there is no cost to compliance with the rule.
RCW 34.05.328 does not apply to this rule adoption. Per RCW 34.05.328 (5)(a)(ii) the department has elected not to make this rule subject to the provisions of RCW 34.05.328.
Hearing Location: General Administration Building, Auditorium, First Floor, 210 11th Avenue S.W., Olympia, WA 98501, on November 5, 2003, at 6:30 p.m. - 8:30 p.m.
Assistance for Persons with Disabilities: Contact Sarah Purce by October 31, 2003, TDD (360) 664-3799.
Submit Written Comments to: Sarah Purce, P.O. Box 41014, Olympia, WA 98504-014 [98504-1014], fax (360) 586-5954, by November 14, 2003.
Date of Intended Adoption: December 1, 2003.
October 1, 2003
R. D. Fukai