Preproposal statement of inquiry was filed as WSR 09-14-103.
Title of Rule and Other Identifying Information: New chapter 236-17 WAC, Use of public areas of the capitol campus. This rule will establish how the department of general administration (GA) will consider appropriate time, place and manner criteria in evaluating and approving requests for use of the public areas of the capitol buildings and grounds.
Hearing Location(s): Auditorium, 1st Floor, General Administration Building, 210 11th Avenue, Olympia, WA, on September 22, 2009, at 4:00 p.m.
Date of Intended Adoption: October 21, 2009.
Submit Written Comments to: Jack Zeigler, P.O. Box 41000, Olympia, WA 98504-1000, e-mail firstname.lastname@example.org, by September 22, 2009.
Assistance for Persons with Disabilities: Contact Ken Skillen by September 15, 2009, email@example.com or (360) 902-7481.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to establish how GA will consider reasonable time, place and manner criteria in evaluating and approving requests for use of the public areas of the capitol buildings and grounds.
Proposed changes to existing chapter 236-17 WAC, State capitol grounds traffic and parking regulations. Amending WAC 236-12-430 Demonstrations, parades -- Obstructing traffic, state business -- Prohibiting and 236-12-440 Permits for demonstrations, parades, processions.
Reasons Supporting Proposal: These rules will provide clarity on how GA will consider reasonable time, place and manner criteria in evaluating and approving requests for use of the public areas of the capitol buildings and grounds while balancing the conduct of government business and the stewardship of the historic capitol buildings and grounds.
Statutory Authority for Adoption: RCW 43.19.125 and 46.08.150.
Statute Being Implemented: RCW 43.19.125 and 46.08.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of general administration, governmental.
Name of Agency Personnel Responsible for Drafting: Martin Casey, GA, 210 11th Avenue S.W., P.O. Box 41000, Olympia, WA 98501, (360) 902-7225; Implementation: Pattie Williams, GA, 416 Sid Snyder Avenue, Legislative Building, Room 111, P.O. Box 41034, Olympia, WA 98504-1034, (360) 902-8885; and Enforcement: Chief John Batiste, Washington State Patrol, 210 11th Avenue S.W., P.O. Box 42600, Olympia, WA 98504-2600, (360) 596-4101.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no disproportionate cost to small business.
A cost-benefit analysis is not required under RCW 34.05.328. There is no more than minimal cost to business.
August 19, 2009
Linda Villegas Bremer
USE OF THE PUBLIC AREAS OF THE CAPITOL BUILDINGS AND GROUNDS
(1) "Activity" means one or more people gathering for a common purpose or cause.
(2) "Applicant," "I," "you" or "your" refers to any person(s) or organization(s) seeking permission to use the public areas of the capitol buildings and grounds.
(3) "Capitol buildings and grounds" means those buildings and grounds over which the department of general administration exercises custody and control under RCW 43.19.125.
(a) "Buildings" means enclosed buildings and adjoining structures.
(b) "Grounds" means exterior spaces including, but not limited to, walkways, plazas, lawns, plantings and parks.
The capitol buildings and grounds include such locations as the capitol campus, Heritage Park, Marathon Park, Centennial Park, Sylvester Park, the Old Capitol Building, the surface and shores of Capitol Lake, and Deschutes Parkway.
(4) "Commercial activity" means an activity that promotes, creates, or exchanges commercial products or services. Commercial activities may include, but are not limited to, advertising, fund-raising, buying or selling any product or service, encouraging paid membership in any group, association or organization, or the marketing of commercial activities. Commercial activities do not include such activities by or for government entities.
(5) "Director" means the director of the department of general administration.
(6) "Exhibit" or "display" means an object or collection of objects presented publicly with the intention to communicate facts, a particular impression, a viewpoint or an opinion. Exhibits or displays may include, but are not limited to, paintings, sculpture, ceramics, photographs, video or computer screens, informational booths and tables, or other similar objects and arrangements.
(7) "Free speech and assembly activity" means an activity for the purpose of communicating information or ideas to others that are intended to or likely to draw the attention, attendance, or participation of others. Free speech and assembly activities may include, but are not limited to, assemblies, marches, rallies, performances, community events, press conferences, demonstrations, celebrations, ceremonies, speeches and other similar expressive activities.
(8) "General administration," "department," "us," or "we" refers to the department of general administration.
(9) "Permit" means a written permit issued by the department of general administration authorizing the use of public areas of the capitol buildings and grounds when required by these rules.
(10) "Private activity" means an activity sponsored by a private individual, business or organization that is not open to the general public. Private activities may include, but are not limited to, banquets, receptions, award ceremonies, weddings, concerts, dances, and seminars.
(11) "Public area" means those areas of the capitol buildings and grounds that are generally open to the public, such as a building's primary public entrance lobby, rotundas and adjoining public mezzanines, and exterior plazas and lawns. Public areas do not include offices, meeting rooms, and other work areas that are ordinarily reserved for or primarily devoted to conducting the business and operations of state government, the governor's mansion, and any area which is identified by a sign pursuant to WAC 236-12-450 indicating that the area is not open to the public.
(12) "Service animal" means an animal, including guide dogs, trained to do work or perform tasks for the benefit of a person with a disability, as defined by applicable state and/or federal laws.
PERMIT APPLICATION REQUIREMENTS
A permit is required for free speech and assembly activities that are reasonably expected to involve twenty-five or more people and for all private or commercial activities so that we can schedule and manage the many activities and visitors that come to the capitol buildings and grounds each year. This process is essential to balancing the conduct of government business with public access and expression and the stewardship of the historic capitol buildings and grounds.
(a) Your name and street address or e-mail address or telephone number.
(b) Your desired date, time, duration, and location for your activity.
(c) A description of the nature and type of activity.
(d) An estimate of the number of people who will attend your activity.
(e) A description of any equipment or gear to be used for your activity.
(2) We may also require additional information, including but not limited to:
(a) Any special consideration or accommodations being requested; and
(b) Any services provided by general administration that you will need and for which there are fees. These may include, but are not limited to, custodial services, sound or electrical equipment set-up or tear-down, or temporary amenities such as speaker stands, tents, platforms, stages, or chairs.
We shall also consider whether your requested activity complies with our general use requirements (WAC 236-17-200 through 236-17-280) and any other applicable requirements set forth in this chapter.
The director shall issue a decision on the appeal in writing within three working days of receiving it, and this will be the final decision of the department of general administration.
GENERAL USE REQUIREMENTS
All activities in the public areas of the capitol buildings and grounds shall comply with all applicable laws, rules and regulations.
(1) Time and duration available for use;
(2) The maximum number of people or vehicles allowed at any particular location for any given time or period; and
(3) Locations available for use.
We shall not permit an activity where it would conflict with the date, time, or location of a previously permitted activity and where multiple activities cannot be reasonably accommodated at the same time. We may recommend to you other options for dates, times, or locations if your request would conflict with a previously permitted activity.
No exhibits or displays may be placed in or posted or affixed to any capitol building.
Banners or signs may be used during an activity in a capitol building only if they are handheld and not affixed to sticks or poles.
Banners, signs, exhibits or displays may be placed or posted on the capitol grounds. Such items must be removed at the end of the activity. Such items must also clearly identify the sponsor and contain a disclaimer stating that they are not owned, maintained, promoted, or supported by or associated with the state. The state assumes no liability for loss or damage to such items.
You may not alter or cause damage to capitol buildings or grounds.
You may have pets or domestic animals in the public areas of the capitol grounds; however, you must keep them under your direct physical control and clean up after them at all times. The director may designate off-leash areas in the public areas of the capitol grounds, and any such areas will be clearly posted.
You may not allow your pet or domestic animal to menace or injure other people or animals.
FREE SPEECH AND ASSEMBLY ACTIVITIES
Free speech and assembly activities may not exceed fourteen consecutive calendar days in duration. We may set further limits on duration in order to accommodate and manage the many activities and visitors that come to the capitol buildings and grounds.
PRIVATE AND COMMERCIAL ACTIVITIES
Private and commercial activities may not exceed fourteen consecutive calendar days in duration. Where circumstances establish good cause, the director may waive this time requirement.
Private or commercial sales, solicitation, or fund-raising activities are not permitted in the public areas of capitol campus buildings.
We may designate locations in less formal public areas of the capitol grounds such as Heritage Park, Sylvester Park, or Marathon Park for commercial vendor sales and for fund-raising activities by not-for-profit organizations as part of a permitted public community event such as Capital Lakefair, Music in the Park, or the Capital City Marathon.
(1) Liability insurance covering the applicant and the activity;
(2) Hold harmless and indemnification provisions; and
(3) Information on your ability to finance, plan, and manage the activity in order to protect the normal conduct of state operations, the safety of people and property, and the condition and appearance of the capitol buildings and grounds.
AMENDATORY SECTION(Amending Order 81-1, filed 5/7/81)
WAC 236-12-430 Demonstrations, parades -- Obstructing traffic, state business -- Prohibiting. No person((
singly, or in combination with others, shall engage in
demonstrations (( or)), parades, or other similar activities in
such a manner as to disrupt the orderly flow of pedestrian or
vehicular traffic on the state capitol grounds or the conduct
of state business by state employees on the state capitol
grounds or in any buildings on the state capitol grounds.
[Statutory Authority: RCW 43.17.060, 43.19.125 and 46.08.150. 81-11-001 (Order 81-1), § 236-12-430, filed 5/7/81; Order 12, § 236-12-430, filed 12/19/73; Order 4, § 236-12-430, filed 2/10/69; Emergency Order 2, § 236-12-430, filed 12/18/68.]
[Statutory Authority: RCW 46.08.150. 79-05-005 (Order 79-01), § 236-12-440, filed 4/11/79; 78-05-006 (Order 78-3), § 236-12-440, filed 4/7/78; Order 12, § 236-12-440, filed 12/19/73; Order 4, § 236-12-440, filed 2/10/69; Emergency Order 2, § 236-12-440, filed 12/18/68.]