WSR 14-18-071 PROPOSED RULES MILITARY DEPARTMENT [Filed September 2, 2014, 10:29 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-12-029.
Title of Rule and Other Identifying Information: Chapter 323-10 WAC, Public records.
Hearing Location(s): Office of the Attorney General, 7141 Cleanwater Drive S.W., Olympia, WA 98504-0121, on October 7, 2014, at 10:00 a.m.
Date of Intended Adoption: November 4, 2014.
Submit Written Comments to: Chris Barnes, Building 1, Camp Murray, WA 98430, e-mail chris.barnes@mil.wa.gov, fax (253) 512-8110, by October 6, 2014.
Assistance for Persons with Disabilities: Contact Bernadette Petruska by October 6, 2014, (253) 512-8108.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal clarifies when and how the agency will charge for providing records.
Reasons Supporting Proposal: The existing rule (WAC 323-10-070) does not clearly identify the circumstances in which the military department can charge for public records. This update will provide process clarity for both the public and the department.
Statutory Authority for Adoption: RCW 42.56.040.
Statute Being Implemented: Chapter 42.56 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state military department, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Chris Barnes, Building 1, Camp Murray, WA 98430, (253) 512-8110; and Enforcement: Nancy Bickford, Building 1, Camp Murray, WA 98430, (253) 512-7712.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule imposes only minor costs on businesses.
A cost-benefit analysis is not required under RCW 34.05.328. The proposal is not a significant legislative rule for the purposes of RCW 34.05.328.
August 27, 2014
Chris Barnes
Public Records Officer
AMENDATORY SECTION (Amending WSR 12-09-089, filed 4/18/12, effective 5/19/12)
WAC 323-10-070 Costs of providing copies of public records.
(1) Costs for paper copies. There is no fee for inspecting public records. A requestor may obtain standard black and white photocopies for fifteen cents per page. Copies in color or larger-sized documents cost will be based on the actual cost to reproduce them at the time of the request.
((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 military department will not charge sales tax when it makes copies of public records.))
(2) Costs for electronic records. ((The cost of electronic copies of records shall be free for information on a CD-ROM when the information already exists in electronic format and it only has to be copied to a CD.)) The cost of scanning existing office paper or other nonelectronic records is six cents per page. There will be no charge for e-mailing electronic records to a requestor, unless another cost applies such as a scanning fee. The charge for electronic records provided on any medium other than e-mail will be in the amount necessary to reimburse the actual cost to the agency.
(3) Deposits. Before beginning to make copies or scanning responsive records, 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 or scanning costs before providing all the records, or the payment of the costs of copying or scanning an installment before providing that installment. The military department will not charge sales tax when it makes copies of or scans public records.
(4) Costs of mailing. The military department may also charge actual costs of mailing, including the cost of the shipping container.
(((4))) (5) Payment. Payment may be made by cash, check, or money order to the military department.
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