WSR 17-16-102

EMERGENCY RULES

[Filed July 27, 2017, 3:43 p.m., effective July 27, 2017]

Effective Date of Rule: July 23 [27], 2017.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 42.56.120 as amended effective July 23, 2017 (section 3, chapter 304, Laws of 2107 [2017]), requires that before an agency uses the amended statutory default copy fee schedule in the new law (rather than determining actual cost of copies), the agency must have a rule declaring the reason that it is not calculating actual costs because to do so would be unduly burdensome. The new emergency rule WAC 491-20-050 makes those findings.

Purpose: The purpose of the rule is to 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 begin using the amended statutory default fee schedule on July 23, 2017.

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

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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The board for volunteer firefighters and reserve officers finds good cause that new emergency rule WAC 491-20-050 is necessary for the following reasons. The 2017 legislature amended RCW 42.56.120, section 3, chapter 304, Laws of 2017, to require that effective July 23, 2017, if an agency used the new law's amended statutory default copy fee schedule (rather than determining actual cost of copies), the agency must have a rule declaring the reason it is not calculating actual costs is because to do so would be unduly burdensome. The board staff is not calculating actual costs for copying records because to do so would be unduly burdensome for the reasons specified in WAC 491-20-050.

There is insufficient time under permanent rule-making procedures for the board to bring its copy fees into statutory compliance by July 23, 2017, as directed by the legislature. The board also finds that it is in the general welfare and the public interest, and benefits requesters and the agency, to adopt the emergency rule in order to preserve and update fees in accordance with the legislatively adopted schedule. Therefore, emergency rule making is necessary. The board intends to proceed with permanent rule making on these subjects in the near future.

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 [0], Amended 0 [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 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1 [0], Amended 0 [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 27, 2017.

Hailey Blankenship

Executive Secretary