WSR 17-21-081
[Filed October 16, 2017, 4:15 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-16-017.
Title of Rule and Other Identifying Information: Chapter 132F-168 WAC, Access to public records.
Hearing Location(s): On November 28, 2017, at 1:00-3:00 p.m., at Seattle Colleges, Siegal Center, 1500 Harvard Avenue, 1st Floor Boardroom, Seattle, WA 98122.
Date of Intended Adoption: December 14, 2017.
Submit Written Comments to: Jennie Chen, 1500 Harvard Avenue, Seattle, WA 98122-3803, email, fax 206-934-3894, by November 28, 2017, 5 p.m.
Assistance for Persons with Disabilities: Contact Jennie Chen, phone 206-934-3873, email, by November 21, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Implements the state legislature's new Public Records Act requirement, effective July 23, 2017. Under the new requirements, the district will no longer be authorized to charge fifteen cents per page for public records requests. The updated language will explain procedures for payment.
Reasons Supporting Proposal: Proposed changes are in compliance with EHB 1595.
Statutory Authority for Adoption: RCW 42.56.100, 42.56.040 (1)(d), 42.56.120 (as amended by chapter 304, Laws of 2017).
Statute Being Implemented: RCW 42.56.100.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Seattle Colleges, public.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Dave Blake, Siegal Center, 206-934-4136.
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. The district is not one of the enumerated agencies listed in RCW 34.05.328(5).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 34.05.328.
Explanation of exemptions: Pursuant to RCW 34.05.328 (5)(a)(i), this agency is not an agency 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.
October 10, 2017
Shouan Pan
AMENDATORY SECTION (Amending WSR 15-02-072, filed 1/6/15, effective 2/6/15)
WAC 132F-168-060 Copying.
(1) Costs for paper copies. There is no fee for inspecting public records. A requestor may obtain black and white photocopies for ((fifteen)) eleven cents per page or colored photocopies for thirteen cents per page. The district reserves the right to use outside vendors for large projects when an outside vendor can provide copies quicker or for less cost. The requestor will be required to pay the cost charged by the vendor.
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 Seattle College District VI will not charge sales tax when it makes copies of public records.
(2) Costs for electronic records. The cost of scanning existing Seattle College District VI paper or other nonelectronic records is ((four)) six cents per page. There will be no charge for emailing electronic records to a requestor, unless another cost applies such as a scanning fee. A statement of the factors and the manner used to determine this charge is available from the public records officer.
Calculating the actual costs of charges for uploading electronic files or attachments is unduly burdensome, because it is difficult to accurately calculate all costs directly incident to uploading those records. Instead of calculating the actual costs for uploading electronic files or attachments, the district charges five cents per each four electronic files or attachments uploaded to email, cloud-based data storage service, or other means of electronic delivery as set forth in RCW 42.56.120 (2)(b).
If the requestor asks that the electronic records be provided on CD or DVD, the requestor will be charged the cost of the CD or DVD. If the electronic records are too large to be emailed through the Seattle College District email system, they will be provided on CD or DVD, and the requestor will be charged accordingly.
(3) Costs of mailing. The Seattle College District VI may also charge actual costs of mailing, including the cost of the shipping container.
(4) Payment. Payment may be made by cash, check, or money order to the Seattle College District VI.