FINAL BILL REPORT

                  HB 2402

                         C 226 L 98

                     Synopsis as Enacted

Brief Description:  Authorizing the use of electronic copies for preservation of court record.

Sponsors:  Representatives Sheahan, Lambert, Hatfield, Thompson, McDonald and Dunn.

House Committee on Law & Justice

Senate Committee on Law & Justice

Background:  The county clerk may destroy court documents if reproductions of the documents are kept in a manner reasonably assuring indefinite preservation.  Reproductions may be maintained only on photographic film, microphotographic, photostatic, or similar reproduction.  However, courts have a number of projects underway involving electronic records.

Summary:  County clerks may store document reproductions electronically if either of the following conditions is met:

$the electronic reproductions are continuously updated, and if necessary, transferred to another medium to ensure that they are accessible through contemporary electronic or computerized systems; or

$the electronic reproductions are scheduled to be reproduced on photographic film, microphotographic, photostatic, or similar media.

When copies of a county clerk's public records are transferred to the state archives for storage, the archives may provide certified copies of those records only with the written permission of that county clerk.  Once the records are transferred, and the county clerk gives written permission, copies made by the archives will have the same force and effect as if they were made by the county clerk.  Finally, contracts can be made between the county clerk and state archives for reproduction and certification of the copies.

Votes on Final Passage:

House960

Senate470

Effective:June 11, 1998