WSR 17-22-067
PROPOSED RULES
WASHINGTON STATE PATROL
[Filed October 27, 2017, 9:35 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-17-80 [17-17-080].
Title of Rule and Other Identifying Information: WAC 446-10-090 Costs for providing copies of public records.
Hearing Location(s): On December 5, 2017, at 9:00 p.m., at the General Administration Building, 210 11th Avenue S.W., Room G-6, Olympia, WA 98513.
Date of Intended Adoption: On or after December 15, 2017.
Submit Written Comments to: Gretchen Dolan, P.O. Box 42631, Olympia, WA 98504, email Gretchen.Dolan@wsp.wa.gov, by November 28, 2017.
Assistance for Persons with Disabilities: Contact Gretchen Dolan, phone 360-596-4100, email Gretchen.dolan@wsp.wa.gov, by November 28, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington state patrol has proposed amendments to WAC 446-10-090 Costs for providing copies of public records. The purpose of the proposal is to update the rule to reflect developments in statutes and technology since the rules were last revised in 2007. The proposed amendments address copying charges with respect to public records and electronic records and statutory citations. The anticipated effect is to modernize the WAC so it is a more functional resource for requestors and the agency.
Reasons Supporting Proposal: The Public Records Act (PRA), chapter 42.56 RCW, provides the public access to state and local government agency public records. In 2007, the state patrol updated the current rules. This rule is now outdated in part due to statutory, case law and technological developments since 2007.
The reasons to support the proposal to amend this rule include modernizing the rule so it better reflects current laws.
Statutory Authority for Adoption: RCW 46.52.120 [42.56.120] (2)(b) and (c).
Statute Being Implemented: RCW 46.52.120 [42.56.120] (2)(b) and (c), chapter 42.56 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state legislature has enacted a number of changes in the PRA since 2007.
Name of Proponent: Chief John R. Batiste, Washington state patrol, governmental.
Name of Agency Personnel Responsible for Drafting: Gretchen Dolan, Olympia, Washington, 360-596-4137; Implementation and Enforcement: Washington State Patrol, Olympia, Washington, 360-596-4100.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 42.56.120 and 42.56.070.
Explanation of exemptions: To the extent there are costs assessed by the state patrol for providing records in response to PRA requests by small businesses, the authorized costs are set out in statute and apply to all requestors. RCW 42.56.070; 42.56.120.
October 25, 2017
John R. Batiste
Chief
AMENDATORY SECTION (Amending WSR 07-04-039, filed 1/30/07, effective 3/2/07)
WAC 446-10-090 Costs for providing copies of public records.
(1) The following copy fees and payment procedures apply to requests to the agency under chapter 42.56 RCW.
(2) Actual costs. Pursuant to RCW 42.56.120 (2)(b), the agency is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:
(a) The agency does not have the resources to conduct a study to determine all its actual copying costs;
(b) To conduct such a study would interfere with other essential agency functions; and
(c) Through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3) and (4).
(3) Costs for paper copies. There is no fee charged for inspecting public records. The agency will charge for copies of paper records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). A requestor may obtain standard black and white photocopies for fifteen cents per page.
(a) Before beginning to make copies, the public records officer or designee may estimate costs of copying the records, and may require a deposit of up to ten percent of all the records selected by the requestor.
(b) 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.
(c) The Washington state patrol shall not charge sales tax when it makes copies of public records.
(((2))) (4) Costs for electronic records. ((The cost of)) Electronic copies of records shall be ((the actual cost of the CD, DVD, audio or video tape, or disc.
(3))) charged as follows pursuant to RCW 42.56.120 (2)(b) and (c):
(a) Ten cents per page for scanned records or for use of agency equipment for scanning.
(b) Five cents for each four electronic files or attachments uploaded to email, or cloud-based data storage service, or other means of electronic delivery.
(c) Ten cents per gigabyte for records transmitted in an electronic format or for use of agency equipment to send records electronically.
(d) Actual costs of any digital storage media or devices provided by the agency.
(e) Actual costs of a "customized service charge" when the request would require the use of information technology expertise to prepare data compilations or when such customized access services are not used by the agency for other business purposes.
(i) The agency will notify the requestor and take other steps if it will be doing a customized service charge.
(ii) 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.
(iii) Copy charges may be combined to the extent more than one type of charge applies to copies responsive to a particular request.
(iv) Public records request fees do not supersede other statutory provisions for copying fees.
(5) Costs of mailing. The Washington state patrol may also charge actual costs of mailing, including the cost of the shipping container.
(((4))) (6) Payment. Payment ((may)) shall be made ((by check or money order only,)) payable to the Washington state patrol.
(7) Summary of charges. Upon request the Washington state patrol will provide a summary of the applicable charges before copies are made and the requestor may revise the request to reduce the number of copies, thereby reducing the applicable charges.
(8) Waiver of charges [reserved]. It is within the discretion of the public records officer or designee to waive copying fees when:
(a) All of the records responsive to an entire request are paper copies only and are twenty-five or fewer pages; or
(b) All of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of one hundred printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this section.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.