BP BHEAD INT S

AN ACT Relating to public records preservation, maintenance, and disposition by agencies of local government and the secretary of state; adding new sections to chapter 40.14 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that:

(1) Accountability for and the efficient management of local government records is in the public interest and that compliance with public records management requirements significantly affects the cost of local government administration; (2) the secretary of state is responsible to administer the preservation of local government archives and local government compliance with public records statutes; (3) the secretary of state's archives and public records act compliance services have heretofore been funded solely by fees charged to state government agencies; and (4) agencies of local government should contribute to the funding of such services.

Therefore, the legislature by this act imposes a local government public records compliance surcharge.

NEW SECTION. Sec. 2. (1) The secretary of state and the director of the office of financial management shall jointly establish a schedule of fees and charges exclusively governing the public archives and records management services provided to local government agencies by the secretary of state.

(2) Each county shall be assessed up to seven cents per each resident per year, except that no county's annual fee shall be more than fifteen thousand dollars. Each city shall be assessed up to eighteen cents per each resident per year, except that no city's annual fee shall be more than fifteen thousand dollars.

(3) There is created the local archives and records management account in the state treasury which shall consist of all fees and charges collected under this section. The account shall be appropriated exclusively for use by the secretary of state for the payment of costs and expenses incurred in the provision of public archives and records management services to local government agencies by the division of archives and records management.

(4) The secretary of state shall establish a process for counties and cities to review the annual budgets and fee schedules developed under this section by the secretary of state governing local government archives and records management services.

NEW SECTION. Sec. 3. Cities and counties may elect to levy surcharges on fees to generate extra revenue necessary to compensate for compliance with state-mandated public records management fees, charges, and responsibilities. Counties may charge surcharges of up to two dollars on fees for filing superior court civil actions and making certified copies of superior court documents; district court filings and penalties; and land use, building, and business-related permits, licenses, and registrations. Cities and towns may charge surcharges of up to two dollars on fees for municipal court filings and penalties; land use, building, and business-related permits, licenses, and registrations; annexations and subdivisions; and municipal cemetery plots.

Public records management responsibilities, as provided in chapters 40.10 and 40.20 RCW, and RCW 40.14.025, 40.14.070, and 42.17.250 through 42.17.320 must be satisfied in a county's or city's base budget or satisfied with surcharge revenue in the following order of priority:

(1) Essential records protection: As provided by chapters 40.10 and 40.20 RCW. Permanent facsimiles of essential records shall be produced and placed in security storage with the state archives according to the following priorities:

(a) All original legislative records, including official minutes of council, commission and/or board meetings, and all approved ordinances and/or adopted resolutions.

(b) All permanent records of superior court proceedings.

(c) All permanent architectural and engineering drawings of county or city-owned capital improvements including roads and streets.

(d) All other documents of permanent value as determined by the local records committee of the state of Washington or of essential value to the operation and maintenance of city or county government not otherwise protected under the provisions of RCW 36.22.170.

(2) Records retention and disposition management: Provide staff or consultant support for the following functions according to the provisions of RCW 40.14.070:

(a) The compilation, maintenance, and updating of records retention schedules and destruction authorizations.

(b) Coordination of state archives appraisal and transfer of records designated by the local records committee-approved records retention schedules and destruction authorizations as having potential archival value.

(c) Coordinating the destruction of all nonarchival records in compliance with the instructions of the local records committee-approved records retention schedules and destruction authorizations.

(3) Public disclosure compliance: Provide staff or consultant support for the following functions according to the provisions of chapter 42.17 RCW.

(a) Promulgate, maintain, and update public disclosure policies and procedures.

(b) Coordinate the compilation, duplication, and maintenance of public disclosure indexes.

NEW SECTION. Sec. 4. (1) Each county and city shall deposit revenue from the surcharges authorized in section 3 of this act in a dedicated account to be allocated in each annual budget. The balance of revenue not used to meet the charges imposed by section 2 of this act or the requirements of chapters 40.10 and 40.20 RCW, and RCW 40.14.025, 40.14.070, and 42.17.320 may be allocated to other needs.

(2) Each county shall form a committee, consisting of a representative of the county executive or board of commissioners, county clerk, prosecutor, and any other officer or individual officially designated as records manager, to annually prepare a proposed budget for the disbursement of moneys from the account for the approval of the county commissioners or county council. Each city shall form a committee, consisting of a representative of the chief executive officer, the city clerk, and any other officer or individual officially designated as records manager, to annually prepare a proposed budget for the disbursement of moneys from the account for the approval of the city council.

NEW SECTION. Sec. 5. Sections 2 through 4 of this act are each added to chapter 40.14 RCW.