WSR 10-15-002

INTERPRETIVE STATEMENT

PUBLIC DISCLOSURE COMMISSION


[ Filed July 7, 2010, 1:33 p.m. ]


Commission Interpretation - Public Service Announcements by State-Elected Officials and Municipal Officers


     The commission adopted Interpretation 10-01 concerning a new law to be codified in chapter 42.17 RCW (section 703, chapter 204, Laws of 2010) which provides for limitations on public service announcements (PSA) when state-elected officials and municipal officers are candidates.

     The commission interprets:

• "State-elected official" and "candidate" are defined in RCW 42.17.020;
• "Municipal officer" includes those persons described by the legislature in RCW 42.23.020(2); and
• PSAs are defined in WAC 390-05-525.
     The commission interprets that a PSA would not include:

• News items or editorials that are of primary interest to the general public in a news medium controlled by a person whose business is that news medium and not controlled by the candidate or committee;
• Hosted radio or television talk shows where the participating public official is not paid by the show's sponsor, and which are of primary interest to the general public in a news medium controlled by a person whose business is that news medium and not controlled by the candidate or committee;
• Open news or press conferences;
• News releases and newsletters;
• Live speeches;
• Testimony;
• Rallies;
• Responses to a specific inquiry;
• Communications produced or made as part of litigation, including but not limited to exhibits, oral or written argument, class action notices, news releases or news conferences to announce litigation filings or case outcomes, and the like;
• Public agency web sites; and
• Personal communications not using public facilities.
     The commission meeting materials can be found at www.pdc.wa.gov under commission meetings. For additional information concerning this interpretation (http://www.pdc.wa.gov/archive/guide/pdf/10-01.pdf) contact Suemary Trobaugh, Administrative Officer, (360) 753-1985, toll-free 1-877-601-2828 or e-mail strobaugh@pdc.wa.gov.

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