WSR 17-17-060 EMERGENCY RULES ARTS COMMISSION [Filed August 11, 2017, 3:39 p.m., effective August 11, 2017, 3:39 p.m.] Effective Date of Rule: Immediately upon filing. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The Public Records Act is chapter 42.56 RCW. RCW 42.56.120 as amended effective July 23, 2017 (section 3, chapter 304, Laws of 2017) requires that before an agency uses the amended statutory default copy fee schedule in the new law (rather than determining actual costs of copies), the agency must have a rule declaring the reason it is not calculating actual costs because to do so would be unduly burdensome. The new emergency rule WAC 30-04-060 makes those findings. The statute as amended also allows an agency to waive any charge assessed for a public record pursuant to a rule. WAC 30-04-060 also provides for fee waivers. Purpose: The purpose of the rule is to implement the state legislature's new Public Records Act requirement and provide the necessary findings so the Washington state arts commission may begin using the amended statutory default fee schedule and waive copy fees under listed circumstances effective immediately. The additional purpose of the rule amendment is to explain procedures for payment. Citation of Rules Affected by this Order: Amending WAC 30-04-060 Copying. Statutory Authority for Adoption: RCW 42.56.100, 42.56.040 (1)(d), and 42.56.120 (as amended by section 3, chapter 304, Laws of 2017). Other Authority: RCW 43.46.040. 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 Washington state arts commission finds good cause that a new emergency rule WAC 30-04-060 is necessary for the following reasons: The Public Records Act is chapter 42.56 RCW. The 2017 legislature amended RCW 42.56.120, section 3, chapter 304, Laws of 2017, to require if an agency uses the new law's amended statutory default copy fee schedule (rather than determining actual costs of copies), the agency must have a rule declaring the reason it is not calculating actual costs because to do so would be unduly burdensome. The agency is not calculating actual costs for copying records because to do so would be unduly burdensome for the reasons specified in WAC 30-04-060. In addition, RCW 42.45.120 as amended by section 3, chapter 304, Laws of 2017, allows an agency to waive any charge assessed for a public record pursuant to agency rule. In order to waive copy fees for records responsive to a request submitted on or after July 23, 2017, WAC 30-04-060 describes the circumstances under which the agency will waive copy fees.
There is insufficient time under permanent rule-making procedures for the agency to bring its copying fees into statutory compliance by July 23, 2017, and as directed by the legislature. The agency also finds 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, allow for fee waivers, and provide payment procedures. Therefore, emergency rule making is necessary. The agency intends to proceed with permanent rule making on this subject 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, Amended 0, Repealed 0. Number of Sections Adopted at the 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 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: August 11, 2017. Karen Hanan Executive Director
AMENDATORY SECTION (Amending WSR 10-23-102, filed 11/16/10, effective 12/17/10)
WAC 30-04-060 Copying.
(1) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the Washington state arts commission 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 to calculate such actual costs and the agency lacks the necessary funds to perform 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 arts commission 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) No fee shall be charged for the inspection of public records. ((The commission shall charge ten cents per black and white copy. Specialized records, including color copy, will be duplicated at the amount necessary to reimburse the commission for its actual cost. If the public records officer deems it more efficient to have copying and/or duplicating done outside the commission, the charges will be based on the actual cost of such outside copying and/or duplicating service.))
For all copying and/or duplicating service charges incurred, an invoice will be sent to the requestor. Reimbursement is payable within fifteen days of receipt of invoice payable to the Washington state arts commission. The commission may require that all charges be paid in advance of release of the copies of the records.
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