WSR 15-12-058
[Filed May 28, 2015, 1:15 p.m., effective June 28, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: 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. This amendment harmonizes WAC 390-18-050 with current statutory requirements enacted by the Electioneering Communications Act (chapter 445, Laws of 2005).
Citation of Existing Rules Affected by this Order: Amending WAC 390-18-050.
Statutory Authority for Adoption: RCW 42.17A.110(8).
Adopted under notice filed as WSR 15-09-079 on April 16, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 28, 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 advertisersPublic 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.