WSR 17-20-025 PROPOSED RULES SKAGIT VALLEY COLLEGE [Filed September 26, 2017, 4:03 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-16-085. Title of Rule and Other Identifying Information: WAC 132D-276-090 Copying. Hearing Location(s): On November 7, 2017, at 2:30 - 3:30 p.m., at Skagit Valley College, Administrative Annex, Board Room, 2405 East College Way, Mount Vernon, WA. Date of Intended Adoption: December 5, 2017. Submit Written Comments to: Lisa Radeleff, 2405 East College Way, Mount Vernon, WA 98273, email lisa.radeleff@skagit.edu, fax 360-416-7773, by October 24, 2017. Assistance for Persons with Disabilities: Contact Lisa Radeleff, phone 360-416-7995, TTY 360-416-7718, email lisa.radeleff@skagit.edu, by November 1, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Skagit Valley College finds good cause that revised 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. The proposal will revise WAC 132D-276-090. Reasons Supporting Proposal: The Washington state 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. Statutory Authority for Adoption: Chapter 42.56 RCW. Statute Being Implemented: Chapter 42.56 RCW. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Dr. Thomas Keegan, President of Skagit Valley College, public. Name of Agency Personnel Responsible for Drafting: Lisa Radeleff, 2405 East College Way, Mount Vernon, WA 98273, 360-416-7995. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute. September 26, 2017 Lisa Raeleff Executive Assistant
to the President and
Public Records Officer
AMENDATORY SECTION (Amending WSR 89-11-024, filed 5/11/89)
WAC 132D-276-090 ((Copying.)) Charges for public records.
((No fee shall be charged for the inspection of public records. The district may impose a reasonable charge for providing copies of public records and for the use by any person of agency equipment to copy public records; such charges shall not exceed the amount necessary to reimburse the district for its actual costs incident to such copying. No person shall be released a record so copied until and unless the person requesting the copied public record has tendered payment for such copying to the appropriate district official. All charges must be paid by money order, cashier's check, or cash in advance.)) Calculating the actual costs of charges for providing public records is unduly burdensome because it will consume scarce college resources to conduct a study of actual costs, and it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records. Instead of calculating the actual costs of charges for records, the college president or designee shall establish, maintain, and make available for public inspection and copying a statement of costs that the college charges for providing photocopies or electronically produced copies of public records, and such charges for records shall not exceed the maximum default charges allowed in RCW 42.56.120 (2)(b). The college may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor. The college may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.
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