WSR 17-17-006

PREPROPOSAL STATEMENT OF INQUIRY

[Filed August 3, 2017, 12:08 p.m.]

Subject of Possible Rule Making: This is in regard to amendments to fee provisions of the Public Records Act enacted as part of the 2017 legislative session under EHB 1595 – An Act Relating to costs associated with responding to public records requests. This bill required that by July 23, 2017, state agencies adopt one of two options for charging fees to requestors for producing copies of public records: (1) Charge the "actual cost" of producing records as calculated by the agency; or (2) charge based on a "default" statutory fee schedule.

Statutes Authorizing the Agency to Adopt Rules on this Subject: EHB 1595; RCW 79A.05.030 Powers and duties—Mandatory, 42.56.070 Documents and indexes to be made public, and 42.56.120 Charges for copying.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To remain in compliance with RCW 42.56.070 and 42.56.120.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: An emergency rule was adopted by the Washington state parks and recreation commission on July 13, 2017, and finalized by the state of Washington office of the code reviser on July 25, 2017; this is to make WAC 352-40-135 Calculation of actual costs of producing copies of public records declared to be unduly burdensome, adoption of statutory fee schedule a permanent rule.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Brian Thrasher, 1111 Israel Road S.W., Tumwater, WA 98501, phone 360-902-8514, fax 360-586-6651, email Brian.Thrasher@parks.wa.gov.

August 3, 2017

Valeria Evans

Management Analyst