WSR 17-18-068

EXPEDITED RULES

BOARD FOR VOLUNTEER

FIREFIGHTERS AND RESERVE OFFICERS

[Filed September 1, 2017, 3:17 p.m.]

Title of Rule and Other Identifying Information: Public records—Adoption of statutory fee schedule.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes to WAC 491-20-050 implement the state legislature's new Public Records Act requirement and provide the necessary findings so that the board for volunteer firefighters and reserve officers may use the amended statutory default fee schedule.

Reasons Supporting Proposal: Changes provide statutory fee schedule for cost of copying for public records request.

Statutory Authority for Adoption: RCW 42.56.120 (as amended by chapter 304, Laws of 2017), 42.56.100, 42.56.040 (1)(d).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Board for volunteer firefighter and reserve officers, governmental.

Name of Agency Personnel Responsible for Drafting: Hailey Blankenship, P.O. Box 114, Olympia, WA 98507, 360-753-7318; Implementation and Enforcement: Board for Volunteer Firefighters and Reserve Officers, P.O. Box 114, Olympia, WA 98507, 360-753-7318.

This notice meets the following criteria to use the expedited adoption process for these rules:

Relates only to internal governmental operations that are not subject to violation by a person; and

Adopts or incorporates by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Explanation of the Reason the Agency Believes the Expedited Rule-making Process is Appropriate: Effective July 23, 2017, the board for volunteer firefighters and reserve officers proposed emergency rule WAC 491-20-050 in order to be in statutory compliance with 2017 legislature amended RCW 42.56.120 at section 3, chapter 304, Laws of 2017. There was insufficient time under the permanent rule-making procedures for the board to bring its copy fees into statutory compliance by the effective date. The board believes the expedited rule-making process is appropriate as it is adopting the new law's amended statutory default copy fee schedule (rather than determining actual cost of copies), and has proven that calculating actual cost for copying records would be unduly burdensome for the reasons specified in WAC 491-20-050. If the permanent rule-making procedure is used the board would need to request an extension for the emergency rule currently in place in order to be in compliance while the permanent rule procedure is completed.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Hailey Blankenship, Board for Volunteer Firefighters and Reserve Officers, P.O. Box 114, Olympia, WA 98507, phone 360-753-7318, fax 360-586-1987, email haileyb@bvff.wa.gov, AND RECEIVED BY November 6, 2017.

September 1, 2017

Hailey Blankenship

Executive Secretary

AMENDATORY SECTION (Amending Order II, filed 7/5/77)

WAC 491-20-050 ((Copying)) Public records—Adoption of statutory fee schedule.

((No fee shall be charged for the inspection of public records. The agency shall charge a fee equal to 2 the amount necessary to reimburse the agency for its actual costs incident to such copying.))

(1) Pursuant to RCW 42.56.120, as amended by section 3, chapter 304, Laws of 2017, the Washington board for volunteer firefighters and reserve officers declares for the following reasons that it would be unduly burdensome for it to calculate the actual cost it charges for providing copies of public records: Funds were not allocated to conduct 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 board for volunteer firefighters and reserve officers may charge fees for producing 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.