WSR 17-19-072
[Filed September 15, 2017, 9:22 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-16-010.
Title of Rule and Other Identifying Information: In response to recent legislation relating to costs associated with responding to public records requests, sections of chapter 495B-276 WAC will need to be amended to be in compliance of state mandates.
Hearing Location(s): On October 31, 2017, at 11:30 a.m., at Bellingham Technical College, College Services, Room 215, 3028 Lindbergh Avenue, Bellingham, WA 98225.
Date of Intended Adoption: November 16, 2017.
Submit Written Comments to: Ronda Laughlin, 3028 Lindbergh Avenue, Bellingham, WA 98225, email, fax 360-752-7134, by October 19, 2017.
Assistance for Persons with Disabilities: Contact Mary Gerard, phone 360-752-8576, fax 360-752-7376, email, by October 19, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Agencies are authorized to charge for providing copies of electronically produced public records and authorized to set a default fee schedule for such records as allowed in RCW 42.56.120 (2)(b).
Reasons Supporting Proposal: 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 college is not calculating actual costs for copying records because to do so would be unduly burdensome.
Statutory Authority for Adoption: RCW 28B.50.140, chapter 34.05 RCW.
Statute Being Implemented: RCW 28B.50.130, EHB 1595.
Rule is necessary because of federal law, federal court decision, state court decision, EHB 1595.
Name of Proponent: Bellingham Technical College, public and governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Camille Gatza, CS 121, 360-752-8549.
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. There are not [no] costs imposed with the amendments to these rules.
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 rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; 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.
September 15, 2017
Ronda Laughlin
Executive Assistant
to the President
AMENDATORY SECTION (Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)
WAC 495B-276-090 ((Copying.)) Charges for public records.
((No fee shall be charged for the inspection of public records. The district may impose a reasonable charge for providing copies of public records and for the use by any person of agency equipment to copy public records and such charges shall not exceed the amount necessary to reimburse the district for its actual costs incident to such copying. No person shall be released a record so copied until and unless the person requesting the copied public record has tendered payment for such copying to the appropriate district official.)) (1) Calculating the actual costs of charges for providing public records is unduly burdensome because it will consume scarce college resources to conduct a study of actual costs, and it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records.
(2) Instead of calculating the actual costs of charges for records, the college president or designee shall establish, maintain, and make available for public inspection and copying a statement of costs that the college charges for providing photocopies or electronically produced copies of public records, and such charges for records shall not exceed the maximum default charges allowed in RCW 42.56.120 (2)(b).
(3) The college may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor.
(4) The college may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.
All charges must be paid by money order, cashier's check, or cash in advance.