WSR 15-09-079 PROPOSED RULES PUBLIC DISCLOSURE COMMISSION [Filed April 16, 2015, 11:19 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-23-091.
Title of Rule and Other Identifying Information: WAC 390-18-050 Commercial advertisers—Public inspection of records.
Hearing Location(s): 711 Capitol Way, Room 206, Olympia, WA, on May 28, 2015, at 9:30 a.m.
Date of Intended Adoption: May 28, 2015.
Submit Written Comments to: Lori Anderson, mail P.O. Box 40908, Olympia, WA 98504-0908, physical 711 Capitol Way, Room 206, Olympia, WA, e-mail lori.anderson@pdc.wa.gov, fax (360) 753-1112, by May 26, 2015.
Assistance for Persons with Disabilities: Contact Jana Greer by phone (360) 586-0544.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendment will make necessary updates to clarify when electioneering communication records of a commercial advertiser must first be made available for inspection and what records may be inspected under RCW 42.17A.345.
Reasons Supporting Proposal: Before 2005, former RCW 42.17.110 (recodified to RCW 42.17A.345) allowed for public inspection of a commercial advertiser's political advertising records. The Electioneering Communications Act (chapter 445, Laws of 2005) authorized the public to also inspect records of electioneering communications a commercial advertiser accepts or provides. Necessary updates to WAC 390-18-050 were overlooked during the commission's 2006 rule making to implement the act. The rule currently applies to just express advocacy political advertising and does not yet specifically reference electioneering communications as required by RCW 42.17A.345(1). The proposed amendment is necessary to harmonize the rule with current statutory requirements and clarify when electioneering communication records of a commercial advertiser must first be made available for inspection and what records may be inspected.
Statutory Authority for Adoption: RCW 42.17A.110(1).
Statute Being Implemented: RCW 42.17A.345.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Updating the rule to reflect current statutory requirements may avoid complaints of noncompliance by alleviating confusion over what records may be inspected.
No increased costs to the agency are expected.
Name of Proponent: Public disclosure commission (PDC), governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA, (360) 664-2737; and Enforcement: Philip Stutzman, 711 Capitol Way, Room 206, Olympia, WA, (360) 664-8853.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of these rule amendments has minimal impact on small businesses. The PDC is not subject to the requirement to prepare a school district fiscal impact statement, per RCW 28A.305.135 and 34.05.320.
A cost-benefit analysis is not required under RCW 34.05.328. The PDC is not an agency listed in subsection (5)(a)(i) of RCW 34.05.328. Further, the PDC does not voluntarily make that section applicable to the adoption of these rules pursuant to subsection (5)(a)(ii) and to date, the joint administrative rules review committee has not made the section applicable to the adoption of these rules.
April 16, 2015
Lori Anderson
Communications and
Training Officer
AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-18-050 Commercial advertisers—Public inspection of records.
(1) Pursuant to RCW 42.17A.345, any person, without reference to or permission from the public disclosure commission, is entitled to inspect ((the advertising records of)) a commercial ((advertiser)) advertiser's political advertising or electioneering communications documents and books of account.
(2) No commercial advertiser shall be required to make available for public inspection information regarding advertising or electioneering communications prior to the time when the advertisement or communication has initially received public distribution or broadcast.
(3) The documents and books of account that must be maintained open for public inspection pursuant to RCW 42.17A.345(1) are:
(a) The name of the candidate or ballot measure supported or opposed or the name of the candidate otherwise identified;
(b) The name and address of the person who sponsored the advertising or electioneering communication;
(c) The total cost of the advertising or electioneering communication, how much of that amount has been paid, who made the payment, when it was paid, and what method of payment was used; and
(d) Date(s) the commercial advertiser rendered service.
(4) In addition to subsection (3) of this section and pursuant to RCW 42.17A.345 (1)(b), the documents and books of account open for public inspection must include a description of the major work components or tasks, as specified in (a) through (f) of this subsection, that were required to provide the advertising or communications services.
(a) For printers, reproducers and other persons who provide commercial duplicating services: Quantity of items, item description, design, layout, typesetting, photography, printing, silk screening, binding.
(b) For mailing services: Quantity of items mailed, binding, stuffing, labeling, list or directory services, postage or delivery.
(c) For broadcast media: Time 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 must be available.
(d) For billboard or sign companies: Number and location of signs, design, printing and art work, erection/removal costs.
(e) For specialty or novelty commercial advertisers: Quantity of items provided, silk screening, design, printing and art work.
(f) For newspapers and other print media: Amount of advertising space and dates of publication. If the advertiser provides additional services such as design or layout, some type of record evidencing such additional services must be available.
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