WSR 18-07-100 PROPOSED RULES OFFICE OF THE STATE TREASURER [Filed March 20, 2018, 3:04 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 18-03-176. Title of Rule and Other Identifying Information: Adding a new rule regarding the Public Records Act (PRA): Copying fees—Payment, WAC 474-01-091.
Repealing an outdated rule regarding the PRA: Copying fees, WAC 474-01-090. Hearing Location(s): On April 24, 2018, at 2:00 p.m., at 106 11th Avenue S.W., Olympia, WA 98504. Date of Intended Adoption: April 24, 2018. Submit Written Comments to: Shawn Myers, 416 Sid Snyder Avenue S.W., Room 230, P.O. Box 40200, Olympia, WA 98504, email Shawn.Myers@tre.wa.gov, fax 360-902-9037, by Friday, April 20, 2018. Assistance for Persons with Disabilities: Contact Shawn Myers, phone 360-902-9002, fax 360-902-9037, email Shawn.Myers@tre.wa.gov, by April 20, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to adopt a permanent rule that implements the state legislature's new PRA requirement and provide the necessary findings so that the office of the state treasurer may use the amended statutory default fee schedule that became effective July 23, 2017, and waive copy fees under listed circumstances. The additional purpose of the rule is to continue to explain procedures for payment for copies. The office is repealing its permanent rule WAC 474-01-090, a copying fees rule adopted under prior PRA statutes. Reasons Supporting Proposal: The PRA 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 is adopting a permanent rule so it can use the statutory default copy fee schedule. In addition, RCW 42.56.120 as amended by section 3, chapter 304, Laws of 2017, allows an agency to waive any charges assessed for public records pursuant to agency rule. The office is repealing WAC 474-01-090, its copying fee rule originally adopted under former chapter 42.17 RCW because that rule is now outdated. Statute Being Implemented: RCW 42.56.120. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Office of the state treasurer, governmental. Name of Agency Personnel Responsible for Drafting: Shawn Myers, Olympia, Washington, 360-902-9002. 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. Pursuant to RCW 34.05.328 (5)(a)(i), this agency is not mandated to comply with RCW 34.05.328. Further, the agency does not voluntarily make that section applicable to the adoption of this rule pursuant to subsection (5)(a)(ii), and to date the joint administrative rules [review] committee has not made the section applicable to the adoption of this rule. 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 rule content is explicitly and specifically dictated by statute; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045. Is exempt under RCW 42.56.070, 42.56.120. Explanation of exemptions: To the extent there are costs assessed by this agency for records provided in response to public records requests by small businesses, the authorized costs are set out in statute and apply to all requesters. RCW 42.56.070, 42.56.120. March 20, 2018 Shawn D. Myers Assistant State Treasurer
NEW SECTION
WAC 474-01-091 Copying fees—Payments.
(1) The following copy fees and payment procedures apply to the office's copying of records on or after the effective date of this rule.
(2) Pursuant to RCW 42.56.120 (2)(b), the office is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons: (i) The office does not have the resources to conduct a study to determine all its actual copying costs; (ii) to conduct such a study would interfere with other essential agency functions; and, (iii) through the 2017 legislative process, the public and requesters have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3) and (4). Therefore, as authorized in RCW 42.56.120, the agency shall implement a fee schedule consistent with the Public Records Act, as it is more cost efficient, expeditious and in the public interest for the agency to adopt the state legislature's approved fees and costs for most of the agency's records.
(3) The office will charge for copies of records pursuant to the default fees in RCW 42.56.120(3). Under RCW 42.56.130, the office may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The office may enter into an alternative fee agreement with a requester under RCW 42.56.120(4). The charges for copying methods used by the office are summarized in the fee schedule available on the office's website at www.tre.wa.gov.
(4) Requesters are required to pay for copies in advance of receiving records. Fee waivers are an exception and are available for some small requests under the following conditions.
(a) It is within the discretion of the public records officer to waive copying fees when: (i) all of the records responsive to an entire request are paper copies only and are fifty pages or fewer; or (ii) all of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of 100 printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requester will be charged in accordance with this rule.
(b) Fee waivers are not applicable to records provided in installments.
(5) The public records officer may require an advance deposit of ten percent of the estimated fees when the copying fees for an installment or an entire request, or customized service charge, exceeds twenty-five dollars.
(6) All required fees must be paid in advance of release of the copies or an installment of copies, or in advance of when a deposit is required. The office will notify the requester of when payment is due.
(7) Payment should be made by check or money order to the Office of the State Treasurer. The office prefers not to receive cash. For cash payments, it is within the public records officer's discretion to determine the denomination of bills and coins that will be accepted.
(8) The office will close a request when a requester fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.
REPEALER
The following section of the Washington Administrative Code is repealed:
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