WSR 17-22-038
[Filed October 24, 2017, 1:12 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-16-024.
Title of Rule and Other Identifying Information: Public records, chapter 132G-276 WAC, revising WAC 132G-276-090.
Hearing Location(s): On December 5, 2017, at 2 p.m., at Shoreline Community College, Quiet Dining Room, Building 9000.
Date of Intended Adoption: January 6, 2018.
Submit Written Comments to: Veronica Zura, 16101 Greenwood Avenue North, email, by December 5, 2017.
Assistance for Persons with Disabilities: Contact office of special service, phone 206-546-4520, by December 5, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: EHB 1595 (section 3, chapter 304, Laws of 2017) pass [passed] in 2017 and effective July 23, 2017, modified the authority for state agencies (including higher education) to charge for costs associated with producing records in response to a public records request. Shoreline Community College is amending the section of our public records rule to comply with the new requirements.
Reasons Supporting Proposal: The Public Records Act is chapter 42.56 RCW. RCW 42.56.120 as amended effective July 23, 2017 (section 3, chapter 304, Laws of 2017) requires that before an agency uses the amended statutory default copy fee schedule in the new law (rather than determining actual costs of copies), the agency must have a rule declaring the reason that it is not calculating actual costs because to do so would be unduly burdensome. The rule amendments to WAC 132G-276-090 make those findings. RCW 42.56.120, as amended, also allows an agency to waive any charge assessed for a public record pursuant to a rule. WAC 132G-276-090 also provides for fee waivers.
Statutory Authority for Adoption: RCW 42.56.120 as amended by chapter 304, Laws of 2017 (EHB 1595), RCW 42.56.040 (1)(d), and 28B.50.140(13).
Statute Being Implemented: RCW 42.56.120.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Julie Bathke, Administration Building 1000, Room 1019, 206-546-7859.
A school district fiscal impact statement is not required under RCW 28A.305.135. A statement is not required for these college rules under RCW 19.85.030.
A cost-benefit analysis is not required under RCW 34.05.328. The cost-benefit analysis in RCW 34.05.328 does not apply to these college 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 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.
October 25 [24], 2017
Veronica Zura
Director of Human Resources
AMENDATORY SECTION (Amending WSR 00-10-048, filed 4/26/00, effective 5/27/00)
WAC 132G-276-090 ((Copying.)) Charges for public records.
No fee shall be charged for the inspection of public records. The college imposes a charge for providing copies of public records. ((Such charges shall not exceed the amount necessary to reimburse the college for the actual cost as allowed by law.)) 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. 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), as amended by section 3, chapter 304, Laws of 2017. 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. The college may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.