WSR 18-03-176

PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 24, 2018, 8:20 a.m.]

Subject of Possible Rule Making: 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 office of the state treasurer may use the amended statutory default fee and waive copy fees. The additional purpose of the rule is to explain procedures for payment.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 42.56.100, 42.56.040 (1)(d), 42.56.120 (as amended by chapter 304, Laws of 2017), 43.08.050.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 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 that effective July 23, 2017, 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 is because to do so would be unduly burdensome. The office believes that calculating actual costs for copying records would be unduly burdensome. 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. The agency is considering adopting a rule that would allow the agency to waive copy fees for records responsive to a request.

Process for Developing New Rule: The office will be proposing a permanent rule and repealing a current rule in response to the copying fee amendments to RCW 42.56.120. The office will provide public notice of this rule making through filings in the Washington State Register and through posting information on the office web site at www.tre.wa.gov. During a public comment period, the office will also seek comment (1) as to be described in the anticipated Rule Making Proposal form (CR-102); (2) from persons who have requested notice of office rule making; and (3) from persons who attend the public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Shawn Myers, Legislative Building, 416 Sid Snyder Avenue S.W., Room 230, Olympia, WA 98504, phone 360-902-9002, fax 360-902-9037, email Shawn.Myers@tre.wa.gov, web site www.tre.wa.gov.

January 24, 2018

Shawn D. Myers

Assistant State Treasurer