WSR 17-16-055

EMERGENCY RULES

[Filed July 25, 2017, 9:21 a.m., effective July 25, 2017, 9:21 a.m.]

Effective Date of Rule: Immediately upon filing.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The Public Records Act is chapter 42.56 RCW. RCW 42.56.120 as amended effective July 23, 2017 (section 3, chapter 304, Laws of 2017) requires that before an agency uses the amended statutory default copy fee schedule in the new law (rather than determining actual costs of copies), the agency must have a rule declaring the reason that it is not calculating actual costs because to do so would be unduly burdensome. The new emergency rule amendments to WAC 132G-276-090 makes those findings. RCW 42.56.120, as amended, also allows an agency to waive any charge assessed for a public record pursuant to a rule. WAC 132G-276-090 also provides for fee waivers.

Purpose: EHB 1595 (section 3, chapter 304, Laws of 2017), passed in 2017 and effective July 23, 2017, modified the authority for state agencies (including higher education) to charge for costs associated with producing records in response to a public records request. Shoreline community college is amending the section of our public records rule to comply with the new requirements and provide the necessary findings so that the college may begin using the amended statutory default fee schedule and waive copy fees under listed circumstances effective July 23, 2017, or as soon as this emergency rule is filed thereafter.

Citation of Existing Rules Affected by this Order: Amending WAC 132G-276-090.

Statutory Authority for Adoption: RCW 42.56.120, as amended by chapter 304, Laws of 2017 (EHB 1595), RCW 42.56.040 (1)(d), and 28B.50.140(13).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The Shoreline Community College board of trustees finds good cause that an emergency rule amending WAC 132G-276-090 is necessary for the following reasons. The Public Records Act is chapter 42.56 RCW. The 2017 legislature amended RCW 42.56.120, section 3, chapter 304, Laws of 2017, to require that effective July 23, 2017, if an agency uses the new law's amended statutory default copy fee schedule (rather than determining actual costs of copies), the agency must have a rule declaring the reason it is not calculating actual costs is because to do so would be unduly burdensome. The college is not calculating actual costs for copying records because to do so would be unduly burdensome for the reasons specified in amended WAC 132G-276-090. In addition, RCW 42.56.120 as amended by section 3, chapter 304, Laws of 2017, allows an agency to waive any charge assessed for a public record pursuant to agency rule. In order to waive copy fees for records responsive to a request submitted on or after July 23, 2017, amended WAC 132G-276-090 describes the circumstances under which the college will waive copy fees.

There is insufficient time under permanent rule-making procedures for the office to bring its copy fees into statutory compliance by July 23, 2017, and as directed by the legislature. The college also finds that it is in the general welfare and the public interest, and benefits requesters and the college, to adopt the emergency rule in order to preserve and update fees in accordance with the legislatively adopted schedule and allow for fee waivers. Therefore, emergency rule making is necessary. The college intends to proceed with permanent rule making on these subjects in the near future.

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 1, 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 0, 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: July 25, 2017.

Veronica Zura

Director of

Human Resources