WSR 17-23-139 PERMANENT RULES PARKS AND RECREATION COMMISSION [Filed November 20, 2017, 12:43 p.m., effective December 21, 2017] Effective Date of Rule: Thirty-one days after filing. Purpose: The Washington state parks and recreation commission adopted an emergency rule at their meeting on Thursday, July 13, 2017, declaring it unduly burdensome to calculate the cost of producing copies of public records and adopted the statutory fee schedule from EHB 1595. A proposed rule making (CR-102) was filed on Tuesday, October 3, 2017, declaring the intent to make the adopted emergency rule permanent. At the commission meeting on Thursday, November 16, 2017, the commission again declared it unduly burdensome to calculate the actual costs of producing copies of public records and adopted the statutory fee schedule from the RCW 42.56.120 Charges for copying, and directed staff to commence the process for adopting the rule below (under the permanent rule header) as permanent effective thirty-one days from the filing of this rule-making order (CR-103P). Citation of Rules Affected by this Order: New WAC 352-40-135 Calculation of actual costs of producing copies of public records declared to be unduly burdensome—Adoption of statutory fee schedule. Statutory Authority for Adoption: HB [EHB] 1595 and RCW 42.56.120 Charges for copying. Other Authority: Chapter 79A.05 RCW. Adopted under notice filed as WSR 17-20-074 on October 3, 2017. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Date Adopted: Friday, November 17, 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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