WSR 18-01-082

EMERGENCY RULES

PUBLIC DISCLOSURE COMMISSION

[Filed December 15, 2017, 11:35 a.m., effective December 15, 2017, 11:35 a.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 that it is not calculating actual coast [cost] because to do so would be unduly burdensome. The new emergency rule, WAC 390-14-030 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 390-14-030 also provides for fee waivers.

Purpose: The purpose of the rule is to implement the new Public Records Act requirement and provide the necessary findings so the public disclosure commission (PDC) may begin using the amended statutory default fee schedule effective on July 23, 2017, and waive copy fees under listed circumstances effective July 23, 2017. The additional purpose of the rule is to explain procedures for payment.

Statutory Authority for Adoption: RCW 42.56.100, 42.56.040 (1)(d), 42.56.120 (as amended by chapter 304, Laws of 2017), 42.17A.110(1).

Other Authority: RCW 34.05.350(2), PDC is in the process of permanent rule making.

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 2017 legislature amended RCW 42.56.120 (section 3, chapter 304, Laws of 2017) to require that effective July 23, 2017, if an agency uses the new laws 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 is because to do so would be unduly burdensome. The PDC office is not calculating actual costs for copying records because to do so would be unduly burdensome for the reasons specified in WAC 390-14-030. In addition, RCW 42.56.120 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 390-14-030 describes the circumstances under which the office will waive copy fees. The office also finds that it is in the general welfare and the public interest, benefits requestors and the agency to adopt the emergency rule to preserve and update fees in accordance with the legislatively adopted schedule, and allow for fee waivers.

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 1, Amended 0, 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: December 15, 2017.

B. G. Sandahl

Deputy Director

AMENDATORY SECTION (Amending WSR 12-18-015, filed 8/24/12, effective 9/24/12)

WAC 390-14-030 What are the charges for inspecting or copying public records?

(1) The commission does not charge a fee for the inspection of public records made available in the commission office or on the commission web site.

(2) The commission does not charge a fee for locating public records and making them available to you for copying.

(3)(a) The commission may charge ((a published fee for copying records, if you order copies. The commission's schedule of charges for copies is published on the commission's web site at www.pdc.wa.gov and is available by contacting the public records officer. The executive director may revise the schedule periodically as needed.)) fees for production of copies of public records consistent with the fee schedule established in RCW 42.56.120.

(b) Pursuant to RCW 42.56.120(2), the 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 by the legislature for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and to calculate costs; and a study would interfere with and disrupt other essential agency functions.

(4) Before beginning to make copies, the public records officer may require you to deposit up to ten percent of the estimated costs of copying and ((mailing all)) transmitting the records ((selected by you)) responsive to your request. The public records officer may also require you to pay the remainder of the copying costs before providing you all the records, or require you to pay the costs of ((copying)) providing an installment of records before providing you that installment. If you do not retrieve or pay for an installment of records within the time frame set by the public records officer, the balance of the request will not be fulfilled and your request will be closed.

(((5) If it is reasonable and feasible to do so, the commission may provide copies of records electronically. See WAC 390-14-028. Charges for electronic records, if any, are provided in the commission's schedule. Electronic disclosure of records includes providing them on the commission's web site.))