WSR 17-23-083

PROPOSED RULES

[Filed November 14, 2017, 2:56 p.m.]

Preproposal statement of inquiry was filed as WSR 17-19-078.

Title of Rule and Other Identifying Information: Repeal and replace WAC 72-276-090 Costs of providing copies of public records.

Hearing Location(s): On January 4, 2018, at 1:00 p.m., at the Washington State School for the Blind, 2214 East 13th Street, Administration Building/Board Room, Vancouver, WA 98661.

Date of Intended Adoption: January 4, 2018.

Submit Written Comments to: Janet Kurz, Executive Assistant, 2214 East 13th Street, Vancouver, WA 98661, email janet.kurz@wssb.wa.gov, fax 360-737-2120, by December 29, 2017.

Assistance for Persons with Disabilities: Contact Janet Kurz, executive assistant, phone 360-947-3302, fax 360-737-2120, email janet.kurz@wssb.wa.gov, by December 29, 2017.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to comply with the 2017 legislative amendment to RCW 42.56.120, section 3, chapter 304, Laws of 2017, that requires 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repeal WAC 72-276-090, its copying fees rule originally adopted under former chapter 42.17 RCW because that rule is now outdated. The anticipated effects of the rule change is that it will change the copying fees for public records.

Reasons Supporting Proposal: To comply with the 2017 legislative amendment to RCW 42.56.120, section 3, chapter 304, Laws of 2017, that requires 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.

Statutory Authority for Adoption: RCW 42.56.040, 42.56.070, 42.56.100, 42.56.120 (as amended by section 3, chapter 304, Laws of 2017).

Statute Being Implemented: RCW 42.56.120 (as amended by chapter 304, Laws of 2017).

Name of Proponent: Washington State School for the Blind, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Janet Kurz, Vancouver, Washington, 360-947-3302; and Enforcement: Scott McCallum, Vancouver, Washington, 360-947-3301.

A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 34.05.328 (5)(a)(i), this agency is not an agency mandated to comply with RCW 34.05.328. Further, the agency does not voluntarily make that section applicable to the adoption of this rule pursuant to subsection (5)(a)(ii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of this rule.

Explanation of exemptions: This rule change is done to implement the legislative changes to public records copying fees dictated in the 2017 legislative amendment to RCW 42.56.120, section 3, chapter 304, Laws of 2017.

November 14, 2017

Scott McCallum

Superintendent

The following section of the Washington Administrative Code is repealed: