WSR 17-16-085

PREPROPOSAL STATEMENT OF INQUIRY

[Filed July 27, 2017, 10:48 a.m.]

Subject of Possible Rule Making: WAC 132D-276-090 Copying.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28B.50.140.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Skagit Valley College finds good cause that a revised rule WAC 132D-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.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington state legislature. The 2017 legislature amended RCW 42.56.120 at 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. On July 24, 2017, the college adopted an emergency rule in order to preserve and update fees in accordance with the legislatively adopted schedule, allow for fee waivers, and provide payment procedures.

Process for Developing New Rule: The Washington state legislature amended RCW 42.56.120 at 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.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lisa Radeleff, Executive Assistant to the President, Rules Coordinator, Skagit Valley College, 2405 East College Way, Mount Vernon, WA 98273, (360) 416-7995, lisa.radeleff@skagit.edu.

July 27, 2017

Lisa Radeleff

Executive Assistant

to the President

Rules Coordinator