WSR 17-19-068 PROPOSED RULES STUDENT ACHIEVEMENT COUNCIL [Filed September 15, 2017, 7:57 a.m.] Original Notice. Title of Rule and Other Identifying Information: Fees for public records. Hearing Location(s): On October 24, 2017, at 2 p.m., at 917 Lakeridge Way S.W., Olympia, WA 98502. Date of Intended Adoption: October 31, 2017. Submit Written Comments to: Donald G. Alexander, P.O. Box 43430, Olympia, WA 98504-3430, email dona@wsac.wa.gov. Assistance for Persons with Disabilities: Contact Kristin Ritter, phone 360-753-7810, email kristinr@wsac.wa.gov, by October 17, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule is necessary to implement changes to the Public Records Act relating to charging fees for public records and contained in RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, which take [took] effect July 23, 2017. Without this change to its public records rules (chapter 250-82 WAC), the agency will be unable to charge requesters for the cost of producing requested public records. This rule is identical to and intended to make permanent an emergency rule filed July 24, 2017, WSR 17-16-046. Reasons Supporting Proposal: Without this change to its public records rules (chapter 250-82 WAC), the agency will be unable to charge requesters for the cost of producing requested public records. Statutory Authority for Adoption: RCW 42.56.100. Statute Being Implemented: 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: This rule is necessary to implement changes to the Public Records Act relating to charging fees for public records and contained in RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, which take [took] effect July 23, 2017. Without this change to its public records rules (chapter 250-82 WAC), the agency will be unable to charge requesters for the cost of producing requested public records. This rule is identical to, and intended to make permanent, an emergency rule filed July 24, 2017, WSR 17-16-046. Name of Proponent: Washington student achievement council, governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Donald G. Alexander, 917 Lakeridge Drive S.W., Olympia, WA 98502, 360-753-7816. 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. A cost-benefit analysis is not required pursuant to RCW 34.05.328 (5)(b)(ii) in that this rule relates only to internal governmental operations that are not subject to violation by a nongovernment party. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; rules are adopting or incorporating 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; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute. September 15, 2017 Michael P. Meotti Executive Director
AMENDATORY SECTION (Amending WSR 07-12-026, filed 5/30/07, effective 6/30/07)
WAC 250-82-060 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 of public records according to the fees described in WAC 250-82-062.
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 Washington ((higher education coordinating board)) student achievement council will not charge sales tax when it makes copies of public records.
(2) Costs of mailing. The Washington ((higher education coordinating board)) student achievement council may also charge actual costs of mailing, including the cost of the shipping container.
(3) Payment. Payment may be made by cash, check, or money order to the Washington ((higher education coordinating board)) student achievement council.
NEW SECTION
WAC 250-82-062 Charges for public records.
Calculation of actual costs of producing copies of public records declared to be unduly burdensome - Adoption of statutory fee schedule.
(1) Pursuant to RCW 42.56.120(2), as amended by section 3, chapter 304, Laws of 2017, the Washington student achievement council 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; it would consume scarce agency resources to conduct a study of actual costs; it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records; agency resources are insufficient to perform a study and the accurate calculation of all costs as described in this subsection; and a study would interfere with and disrupt other essential agency functions.
(2) The Washington student achievement council 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) The agency may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor.
(4) The agency may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.
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