WSR 17-16-060 EMERGENCY RULES PARKS AND RECREATION COMMISSION [Filed July 25, 2017, 11:40 a.m., effective July 25, 2017, 11:40 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: Amendments to the fee provisions of the Public Records Act enacted as part of the 2017 legislative session necessitate that the Washington state parks and recreation commission, by July 23, 2017, adopt one of two options for charging fees to requestors for producing copies of public records: (1) Charge the "actual cost" of producing records, as calculated by the agency; or (2) charge based on a "default" statutory fee schedule as stated in HB [EHB] 1595.
Purpose: To remain in compliance with the language in HB [EHB] 1595 and RCW 42.52.120, charges for copying and to continue charging fees for providing copies of public records for requests received after July 23, 2017.
Statutory Authority for Adoption: HB [EHB] 1595 and RCW 79A.05.030.
Under RCW 34.05.350 the agency for good cause finds 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: This filing will enable the agency to be in compliance with HB [EHB] 1595. This was decided by the commission during their regularly scheduled meeting on Thursday, July 13, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 13, 2017.
Valeria Evans
Management Analyst
NEW SECTION
WAC 352-40-135 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 state parks and recreation 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 for performing a study to calculate such actual costs and the agency lacks the necessary funds to perform a study and calculations; staff resources are insufficient to perform a study and to calculate such actual costs; and a study would interfere with and disrupt other essential agency functions.
(2) The Washington state parks and recreation commission 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.
|