Title of Rule: Title 300 WAC, Board for certification and Title 304 WAC, Library Commission.

Purpose: Expedited adoption.

Statutory Authority for Adoption: RCW 27.04.030(1).

Summary: Updating rules, correcting errors.

Reasons Supporting Proposal: Clarification, accuracy.

Name of Agency Personnel Responsible for Drafting and Enforcement: Nancy Zussy, State Librarian, State Library, P.O. Box 42460, Olympia, 753-2915; and Implementation: Washington State Library Commission, P.O. Box 42460, Olympia, 753-2915.

Name of Proponent: Washington State Library Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 300-12 WAC, Certification of librarians, board for, eliminate reference to "board for." Board no longer exists, but function continues.

WAC 304-12-030 and 304-12-035, Washington council on continuing education, council on continuing education no longer exists.

WAC 304-12-040 Washington state advisory council on libraries, Washington state advisory council on libraries no longer exists.

New language, Library council of Washington -- Appointments, terms, expenses; Library council of Washington -- Mission, roles, the Library Council of Washington has been created.

WAC 304-12-050 Privacy of library circulation records, see new language provided as part of chapter 304-20 WAC.

WAC 304-12-070 Washington state library gift policy, gift policy is now internal agency policy.

WAC 304-12-125 General statement of criteria, 304-12-140 Other services grant program -- Principles, 304-12-145 Other services grant programs -- Rules, 304-12-275 Construction grant program -- Criteria, 304-12-290 Construction grant program -- Rules, 304-12-360 Forms -- Application -- Public library construction grant, 304-12-370 Forms -- Contract and 304-12-380 Rules and regulations for aid to library districts -- Principle, programs no longer exist.

Chapter 304-20 WAC, State library public records -- General policy, add language at beginning of chapter 304-20 WAC.

WAC 304-20-010 Public records available, change title to "Availability of records;" amend language.

WAC 304-20-020 Definitions, duplicates RCW and WAC elsewhere.

WAC 304-20-030 Public records officer, duplicates RCW and WAC elsewhere.

WAC 304-20-040 Requests for public records, has been incorporated into new "Availability of records" section.

WAC 304-20-050 Copying, change title to "Fees;" amend language.

WAC 304-20-060 Exemptions, add new language as (1); eliminate language as indicated.

New section, response to requests for public records, add language provided.

WAC 304-20-070 Review of denials of public records requests, amend language.

WAC 304-20-080 Records index, no change.

WAC 304-20-090 Request for records by mail -- Address, information has been incorporated into "Availability of records."

WAC 304-20-100 Adoption of form, information has been incorporated into "Availability of records."

WAC 304-20-990 Request for public records, information has been incorporated into "Availability of records."

Proposal Changes the Following Existing Rules: Same as above.

December 21, 1999

Nancy Zussy

State Librarian

OTS-3690.1

((A Washington council on continuing education is hereby created which shall consist of fifteen persons appointed for three-year terms.      Seven persons shall be appointed by the Washington state library commission.      The appointments shall reflect representation from a variety of types of library personnel, related persons, including public library trustees, librarians, and at least one nonlibrarian.      Nine organizations shall also be represented, each to designate one person assigned responsibility.      Those organizations shall be as follows: Washington state library, University of Washington graduate school of library and information science, Washington library association, Washington library media association, community college library and media specialists, Pacific Northwest chapter of the special library association, council of Spokane area libraries, Pacific Northwest health sciences library service, and the Washington chapter of the association of college and research libraries.      Initial terms for organizational representatives will be three years and then two years thereafter.      Members may be reappointed; however, no member shall serve more than two terms consecutively.      Vacancies shall be filled by appointment for the unexpired term.)) The library council of Washington shall consist of thirteen members appointed by the commission. Members shall be appointed to broadly represent the library community as specifically outlined by the commission. A term shall be defined as three years, to begin on January 1 of each year. No person shall be appointed for more than two consecutive terms. An individual completing an unexpired term will be considered to have served a full term. Council members shall serve without compensation, but will be reimbursed for subsistence, lodging, and travel expenses for council meetings and approved business of the council, in accordance with the provisions of the Washington state travel regulations.

[Statutory Authority: RCW 27.04.030.      94-11-023, § 304-12-030, filed 5/6/94, effective 6/6/94; 92-08-023, § 304-12-030, filed 3/23/92, effective 4/23/92.      Statutory Authority: RCW 27.04.040.      87-20-070 (Order 87-02), § 304-12-030, filed 10/6/87.]

The mission of the library council of Washington is to promote access to library service and information resources for all people in Washington state. To meet this commitment, the council's membership represents the broadest possible range of library community interests. The roles of the council shall include to:

(1) Serve as a catalyst for developing and implementing state-wide library programs that will improve service at all Washington libraries;

(2) Provide a forum for the library community to discuss issues of concern, with individual members keeping their constituents abreast of the council's progress and regularly requesting their input;

(3) Advise the Washington state library commission and state library staff on state-wide areas of need in library service;

(4) Encourage and support multitype cooperation throughout the state;

(5) Assist in the development, implementation and evaluation of state-wide library development plans and long-range library services and technology act (LSTA) plans;

(6) Advise the Washington state library commission on the use of federal funds;

(7) Pursue opportunities for collaboration with other agencies and community partners that share similar interests with libraries.

[]

(1) In a free and open society the mission of libraries is to be aware of individuals' need for knowledge and personal growth and to respond to those needs by providing access to the wisdom, experience and imagination of mankind.

(2) The state agency's criteria for determining the adequacy of library service to the public are:

(a) That ninety percent of the requests by library users for specific titles is available through their library in a manner that is satisfactory to the users.

(b) That ninety percent of the requests by library users for works by a particular author or creator is available through their library in a manner that is satisfactory to the users.

(c) That ninety percent of the requests by library users for materials on a specific subject is available through their library in a manner that is satisfactory to the users.

(d) That ninety percent of the requests by library users for information is answered through their library in a manner that is satisfactory to the users.

(e) That ninety percent of the people in a library's service area is aware of the kinds of services provided by their library.

(f) That the percentage of use by each demographic group as defined in the Library Services and Construction Act regulations is the same, +/- fifteen percent, based on the highest percentage of use.

The determination of adequacy is made by comparing these criteria with annual reports which by law must be submitted to the state agency by each public library.

((In allocating library services and construction funds, special consideration will be given to library programs, research and projects which:

(i) Serve disadvantaged persons residing in urban or rural areas with high concentrations of low-income families and to areas with high concentrations of persons with limited English speaking ability;*

(ii) Serve persons residing in sparsely settled areas of the state which are distant from adequate public library facilities;

(iii) Serve physically handicapped persons (including the blind or other visually handicapped);

(iv) Serve inmates, patients, or residents of penal institutions, reformatories, residential training schools, orphanages, residential schools for handicapped persons, and other general or special institutions or hospitals operated or substantially supported by the state;

(v) Serve persons residing in areas of the state having no local public library service;

(vi) Extend the range and improve the qualities of career development opportunities for people of all ages without regard to educational level;

(vii) Lead to the improvement and efficient management of library resources, both human and material, and which provide to all people maximum accessibility to those resources;

(viii) Strengthen metropolitan public libraries which serve as national or regional resource centers.

Footnote:	*In accord with requirements of the Library Services and Construction Amendments of 1970 (Public Law 91-600) and the Code of Federal Regulations (45 CFR Part 130) priority will be given to (i) above, i.e. programs or projects which serve urban and rural areas with high concentrations of low-income families and to programs and projects which serve areas with high concentrations of persons with limited English-speaking ability (as defined by PL 93-380, Education Amendments of 1974).
	These areas are defined as those areas with low-income families or with concentrations of non-English speaking persons as reported in U.S. Bureau of Census 1970 PC (1)-C Series: General Social and Economic Characteristics. Low-income families are defined as those with annual incomes as designated by federal agencies. This information will be updated through publications of the Washington state office of economic opportunity.
	Programs and priorities will change as needs in the state change or as revised federal regulations and/or new federal legislation may require.
	Where applicable, an evaluation component will be a part of each project.
	Where applicable, each grant request should contribute toward the achievement of the existing Washington state plan for library development, now called the Proposed Regional Library Plan for Washington by Charles Bowerman, 1950, or any plan which supersedes this existing plan.
	Programs may also be developed across state lines when such inclusion meets the standards set forth and will contribute to the basic objectives of library development in Washington state. Interstate compact legislation facilitates such programs.))

[Statutory Authority: RCW 27.04.060. 84-07-020 (Order 84-1), § 304-12-125, filed 3/14/84; Order 1-75, § 304-12-125, filed 7/21/75; Order 3542, § 304-12-125, filed 7/11/72; Order, § 304-12-125, filed 6/22/71.]

     The following sections of the Washington Administrative Code are repealed:

WAC 304-12-035	Washington council on continuing education -- Duties.
WAC 304-12-040	Washington state advisory council on libraries created -- Appointments -- Terms -- Expenses.
WAC 304-12-050	Privacy of library circulation records policy.
WAC 304-12-070	Washington state library gift policy.
WAC 304-12-140	Other services grant programs -- Principles.
WAC 304-12-145	Other services grant programs -- Rules.
WAC 304-12-275	Construction grant program -- Criteria.
WAC 304-12-290	Construction grant program -- Rules.
WAC 304-12-360	Forms -- Application -- Public library construction grant.
WAC 304-12-370	Forms -- Contract.
WAC 304-12-380	Rules and regulations for aid to library districts -- Principle.

OTS-3691.1

With the exception of those public records exempt from public inspection and copying in the Revised Code of Washington, the state library recognizes its stewardship of public records and shall endeavor to comply with requests for public records in a timely and good-faith manner.

[]

((All public records of the Washington state library, as defined in WAC 304-20-020 are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by section 31, chapter 1, Laws of 1973, and WAC 304-20-060.)) (1) Requests for state library public records resident in the Pritchard Building or any state library branch state-wide shall be directed to the Office of the State Librarian, Olympia, Washington, 98504, for initial action. The state librarian, or public records officer if otherwise designated, shall send an initial response to the requestor within the time frame required in chapter 42.17 RCW which:

(a) Acknowledges receipt of the request, including the date and time of day it was received; and

(b) Provides the requestor with a target date for complying with the request.

(2) Requests shall be submitted in writing -- through letter, telefacsimile, or electronic mail. Requests shall include at least the following information:

(a) The date and time of day on which the request was made;

(b) The name of the requestor and the address to which responses to the request are to be directed;

(c) As detailed a description of desired records as possible;

(d) Any limitations on desired formats to be searched; and

(e) To the extent possible, a reference to the current state library public records index.

Unless the request is received in such a manner that automatically so indicates, state library staff shall affix to the request a date and time of receipt as soon as the request is received by the state library.

The state librarian or designated public records officer may inquire of the requestor as to the purpose of the request only to the extent to which such information will elucidate the request and facilitate a timely and complete response. Except as permitted by chapter 42.17 RCW, the requestor shall not be compelled to disclose that information, nor shall failing to disclose that information in any way adversely affect the response to the inquiry.

[Order I-76, § 304-20-010, filed 4/22/76.]

((No fee shall be charged for the inspection of public records.      The agency shall charge a fee equal to the amount necessary to reimburse the agency for its actual costs incident to such copying.)) The state library shall charge no fee for inspection of public records. Depending upon the extent of an individual request, the library may charge a fee equal to the amount necessary to reimburse the agency for its actual costs incident to copying public records, not to exceed limits imposed by the legislature.

[Order I-76, § 304-20-050, filed 4/22/76.]

(1) Privacy of inquiry is central to freedom and the success of a democratic society. Any state library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user, is exempt from public disclosure, in accordance with RCW 42.17.310. The state library will not disclose these records, outside the requirements of RCW 42.17.310 and absent judicial action to compel such disclosure.

(2) The library reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 304-20-040 is exempt under the provisions of section 31, chapter 1, Laws of 1973.

(((2))) (3) In addition, pursuant to section 26, chapter 1, Laws of 1973, the library reserves the right to delete identifying details when it makes available or publishes any public record, in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 1, Laws of 1973.      The public records officer will fully justify such deletion in writing.

(((3))) (4) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

(((4) The library will regard the disclosure of any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user, as an invasion of privacy.))

[Statutory Authority: RCW 27.04.030.      83-07-076 (Order 83-1), § 304-20-060, filed 3/23/83; Order I-76, § 304-20-060, filed 4/22/76.]

The state library's response to a request to inspect and/or copy public records shall contain at least the following elements:

(1) A restatement of the nature of the request;

(2) The date of the response;

(3) The extent to which the state library has been able to comply with the request;

(4) Reason(s) for denial of any portion of the request;

(5) The location at which the records may be inspected and copied; and

(6) The procedure for appealing denial of any portion of the request.

[]

(((1))) Any person who objects to ((the)) a denial of a request for ((a)) public records may ((petition for prompt review of such decision by tendering a written request for review.      The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the denial.

(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer or other staff member denying the request shall refer it to the librarian.      The librarian shall immediately consider the matter and either affirm or reverse such denial or call a special meeting of the state library commission as soon as legally possible to review the denial.      In any case, the request shall be returned with a final decision, within two business days following the original denial.

(3) Administrative remedies shall not be considered exhausted until the library has returned the petition with a decision or until the close of the second business day following denial of inspection, whichever occurs first)) do so in writing, petitioning a prompt review of that decision. The state librarian shall immediately consider such a request for review and either reverse the denial or call a special meeting of the state library commission to review the denial and make a final decision. If the commission is to review the denial, the librarian will respond with a date certain for that review within five business days.

[Order I-76, § 304-20-070, filed 4/22/76.]

     The following sections of the Washington Administrative Code are repealed:

WAC 304-20-020	Definitions.
WAC 304-20-030	Public records officer.
WAC 304-20-040	Requests for public records.
WAC 304-20-090	Request for records by mail -- Address.
WAC 304-20-100	Adoption of form.
WAC 304-20-990	Appendix A -- Request for public records.

© Washington State Code Reviser's Office