WSR 17-19-078

PREPROPOSAL STATEMENT OF INQUIRY

[Filed September 15, 2017, 3:26 p.m.]

Subject of Possible Rule Making: The purpose of this possible rule making is to adopt a permanent rule that implements the state legislature's new Public Records Act (PRA) requirement and provide the necessary findings so that the Washington State School for the Blind may continue to use the amended statutory default fee schedule that became effective July 23, 2017, and continue to waive copy fees under the listed circumstances. The additional purpose of the rule is to continue to explain procedures for payment for copies. The School for the Blind intends to repeal its permanent rule WAC 72-276-090, a copying fees rule adopted under prior PRA statutes.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120 (as amended by chapter 304, Laws of 2017).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 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 School for the Blind is not calculating actual costs for copying records because to do so would be unduly burdensome. The School for the Blind intends to adopt the rule on a permanent basis so it can continue to use the statutory default copy fee schedule. 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. The School for the Blind intends to enact a permanent rule to address waiver of charges assessed for a public record. The School for the Blind intends to continue to explain the procedures for payment for copies. Finally, the School for the Blind intends to repeal WAC 72-276-090, its copying fees rule originally adopted under former chapter 42.17 RCW because that rule is now outdated.

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

Process for Developing New Rule: The School for the Blind will be proposing a permanent rule and repealing a current rule in response to the copying fee amendments to RCW 42.56.120. The School for the Blind will provide public notice of this rule making through filings in the Washington State Register and through posting information on the school web site at https://www.wssb.wa.gov/wp/. During a public comment period, the school will also seek comment: (1) As to be described in the anticipated rule making proposal form (CR-102); (2) from persons who have requested notice of school rule making; and (3) from persons who attend the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Scott McCallum, Superintendent, 2214 East 13th Street, Vancouver, WA 98661, phone 360-947-3301, fax 360-737-2120, email scott.mccallum@wssb.wa.gov, web site www.wssb.wa.gov; or Janet Kurz, Executive Assistant, 2214 East 13th Street, Vancouver, WA 98661, phone 360-947-3302, fax 360-737-2120, email janet.kurz@wssb.wa.gov, web site www.wssb.wa.gov.

September 15, 2017

Scott McCallum

Superintendent