WSR 17-19-117
[Filed September 20, 2017, 11:29 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-14-050.
Title of Rule and Other Identifying Information: Chapter 260-09 WAC, Public records.
Hearing Location(s): On November 9, 2017, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.
Date of Intended Adoption: November 9, 2017.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, email, fax 360-459-6461, by November 6, 2017.
Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-64621 [360-459-6461], TTY 360-459-6462, email, by November 6, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To comply with HB [EHB] 1595 in regards to the agency's ability to assess a fee for producing public records.
Reasons Supporting Proposal: Adoption of HB [EHB] 1595 restricts the commission's ability to charge for producing public records and in the event of a substantial request could be costly for the agency.
Statutory Authority for Adoption: RCW 67.16.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, 360-459-6462.
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. Not applicable.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Not business related.
September 20, 2017
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION (Amending WSR 10-05-065, filed 2/12/10, effective 3/15/10)
WAC 260-09-070 Costs of providing copies of public records.
(1) There is no fee for inspecting public records. ((A requestor may obtain standard black and white photocopies for fifteen cents per page. (There is no charge for photocopies of twenty pages or less.)
Before beginning to make the copies, the public records officer or designee may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The commission will not charge sales tax when it makes copies of public records.
(2) Costs for electronic records. The cost of electronic copies of records shall be one dollar for information on a CD-ROM. There will be no charge for emailing electronic records to a requestor, unless another cost applies such as a scanning fee.
(3) Costs of mailing. The commission may also charge actual costs of mailing, including the cost of the shipping container.
(4))) Pursuant to RCW 42.56.120(2), the Washington horse racing commission deems that it would be unduly burdensome for it to calculate the actual costs it charges for providing copies of public records. Staff resources are insufficient to perform a study and to calculate actual costs and a study would interfere with other essential agency functions.
(2) The Washington horse racing 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.
(3) It is within the discretion of the public records officer to waive copying fees when all of the records responsive to the entire request are paper copies only and are fewer than twenty-five pages, or all of the records to an entire request are electronic and can be provided in a single email. If that email, for any reason, is not deliverable, the records will be provided through another means of delivery and the requestor will be charged in accordance with this rule.
(4) The public records officer may require an advance deposit of ten percent of the estimated fees, when copying fees for an installment or entire request exceeds twenty-five dollars.
(5) Payment. Payment may be made by cash, check, or money order to the Washington horse racing commission.