WSR 17-20-074 PROPOSED RULES PARKS AND RECREATION COMMISSION [Filed October 3, 2017, 6:53 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-14-006 [17-17-006]; or
Expedited Rule Making—Proposed notice was filed as WSR 17-17-006. Title of Rule and Other Identifying Information: At the commission meeting on July 12, 2017, the Washington state parks and recreation commission adopted an emergency rule – WAC 352-40-140 [352-40-135] Calculation of actual costs of producing copies of public records declared to be unduly burdensome—Adoption of statutory fee schedule, to align with two options provided the agency as part of EHB 1595. With the passage of the emergency rule, the agency elected to adopt the second option of the house bill – adopting the "default" fee schedule since the agency does not have the ability to undertake a process of calculating the "actual costs" of producing records. Hearing Location(s): On November 16, 2017, at 9:00 a.m., at 2201 Westhaven Drive, Westport, WA 98595. Date of Intended Adoption: November 16, 2017. Submit Written Comments to: Brian Thrasher, 1111 Israel Road S.W., Tumwater, WA 98501, email Brian.Thasher@parks.wa.gov [Brian.Thrasher@parks.wa.gov], by November 3, 2017. Assistance for Persons with Disabilities: Contact Becki Ellison, phone 360-902-8502, email Becki.Ellison@parks.wa.gov, by November 6, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule-making action is to adopt the emergency rule as permanent so the agency can continue using the statutory fee schedule. Reasons Supporting Proposal: To align with most appropriate of the options provided in EHB 1595 as it relates to charging for costs of providing public records. Statutory Authority for Adoption: RCW 42.56.120 Charges for copying. Statute Being Implemented: WAC 352-40-140. Rule is not necessitated by federal law, federal or state court decision. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Brian Thrasher, 1111 Israel Road S.W., Tumwater, WA 98501, 360-902-8514. A school district fiscal impact statement is not required under RCW 28A.305.135. October 2, 2017 Valeria Evans Management Analyst
NEW SECTION
WAC 352-40-135 Calculation of actual costs of producing copies of public records declared to be unduly burdensome—Adoption of statutory fee schedule.
(1) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the Washington state parks and recreation commission declares for the following reasons that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records: Funds were not allocated for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions.
(2) The Washington state parks and recreation commission may charge fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017.
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