WSR 17-16-048 EMERGENCY RULES SECRETARY OF STATE [Filed July 24, 2017, 11:41 a.m., effective July 24, 2017, 11:41 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: To update the fee schedule pursuant to the effective date of July 23, 2017, of EHB 1595, chapter 304, Laws of 2017.
Citation of Existing Rules Affected by this Order: Amending WAC 434-12A-100.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: EHB 1595, chapter 304, Laws of 2017, is effective July 23, 2017. The opinion of the office of the attorney general is that agencies cannot rely on prior rules for collection of fees.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 24, 2017.
Mark Neary
Assistant Secretary of State
AMENDATORY SECTION (Amending WSR 09-04-026, filed 1/28/09, effective 2/28/09)
WAC 434-12A-100 ((Inspection and copying.)) Calculation of actual costs of producing copies of public records declared to be unduly burdensome—Adoption of statutory fee schedule.
(((1) No fee shall be charged for the personal inspection of public records.
(2) Where an individual requests a copy, or a certified copy, of a document or instrument for which the cost of copies is not governed by chapter 42.56 RCW, the office of the secretary of state may charge fees specified pursuant to other law, including other chapters of this title.
(3) Where an individual requests a copy of a document or record for which fees are established pursuant to chapter 42.56 RCW, a requestor may obtain standard black and white photocopies for fifteen cents per page. Copies in color or larger-sized documents will be based on the actual cost to reproduce them at the time of the request.)) (1) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the office of the secretary of state 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 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 functions.
(2) The office of the secretary of state 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.
(3) The Washington state archives research fees covered by WAC 434-690-080 are determined by archives according to its terms. The corporation((s)) fees are per WAC 434-112-085.
(4) Before beginning to make the copies, the public records officer or designee may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The office of the secretary of state will not charge sales tax when it makes copies of public records.
(5) ((Costs for electronic records. The cost of electronic copies of records shall be five dollars for information on a CD-ROM or DVD. There will be no charge for emailing electronic records to a requestor, unless another cost applies such as a scanning fee.
(6))) Costs of mailing. The office of the secretary of state may also charge actual costs of mailing, including the cost of the shipping container.
(((7))) (6) Payment. Payment may be made by cash, check, or money order to the office of the secretary of state, or by those credit or debit cards accepted by the office.
(7) The public records officer or designee has discretion to waive the applicable fees when the total cost for copying and mailing all responsive records is less than five dollars.
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