AN ACT Relating to
funding and expenditures of the secretary of state; amending RCW 43.07.037,
40.14.020, and 42.17.710; adding new sections to chapter 43.07 RCW; and adding
a new section to chapter 42.52 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 43.07.037 and 1996 c
253 s 105 are each amended to read as follows:
(1) The
secretary of state ((and the council)) may solicit and accept
gifts, grants, conveyances, bequests, and devises, of real or personal
property, or both, in trust or otherwise, and sell, lease, exchange, invest, or
expend these donations or the proceeds, rents, profits, and income from the
donations except as limited by the donor's terms.
(2) Moneys received
under the authority of this section may be used only for the following purposes:
(a) Conducting oral
histories;
(b) Archival
activities; and
(c) International
trade hosting and missions.
(3) Moneys received
under the authority of this section must be deposited in the oral history,
archives, and international trade account established in section 2 of this act.
(4) The
secretary of state shall adopt rules to govern and protect the receipt and
expenditure of the proceeds.
NEW SECTION. Sec.
2. A new section is added
to chapter 43.07 RCW to read as follows:
The oral history,
archives, and international trade account is created in the custody of the
state treasurer. All moneys received under RCW 43.07.037 must be deposited in
the account. Expenditures from the account may be made only for the purposes
of the oral history program in RCW 43.07.220 and section 3 of this act, the
archives program under RCW 40.14.020, and international trade hosting and
missions. Only the secretary of state or the secretary of state's designee may
authorize expenditures from the account. An appropriation is not required for
expenditures, but the account is subject to allotment procedures under chapter
43.88 RCW.
NEW SECTION. Sec.
3. A new section is added
to chapter 43.07 RCW to read as follows:
The secretary of state
may fund oral history activities through donations as provided in RCW
43.07.037. The activities may include, but not be limited to, conducting
interviews, preparing and indexing transcripts, publishing transcripts and photographs,
and presenting displays and programs. Donations that do not meet the criteria
of the oral history program may not be accepted. The secretary of state shall
adopt rules necessary to implement this section.
Sec. 4. RCW 40.14.020 and 1995 c
326 s 1 are each amended to read as follows:
All public records
shall be and remain the property of the state of Washington. They shall be
delivered by outgoing officials and employees to their successors and shall be
preserved, stored, transferred, destroyed or disposed of, and otherwise
managed, only in accordance with the provisions of this chapter. In order to
insure the proper management and safeguarding of public records, the division
of archives and records management is established in the office of the
secretary of state. The state archivist, who shall administer the division and
have reasonable access to all public records, wherever kept, for purposes of
information, surveying, or cataloguing, shall undertake the following
functions, duties, and responsibilities:
(1) To manage the
archives of the state of Washington;
(2) To centralize the
archives of the state of Washington, to make them available for reference and
scholarship, and to insure their proper preservation;
(3) To inspect,
inventory, catalog, and arrange retention and transfer schedules on all record
files of all state departments and other agencies of state government;
(4) To insure the
maintenance and security of all state public records and to establish
safeguards against unauthorized removal or destruction;
(5) To establish and
operate such state record centers as may from time to time be authorized by
appropriation, for the purpose of preserving, servicing, screening and
protecting all state public records which must be preserved temporarily or
permanently, but which need not be retained in office space and equipment;
(6) To adopt rules
under chapter 34.05 RCW:
(a) Setting standards
for the durability and permanence of public records maintained by state and
local agencies;
(b) Governing
procedures for the creation, maintenance, transmission, cataloging, indexing,
storage, or reproduction of photographic, optical, electronic, or other images
of public documents or records in a manner consistent with current standards,
policies, and procedures of the department of information services for the
acquisition of information technology;
(c) Governing the
accuracy and durability of, and facilitating access to, photographic, optical,
electronic, or other images used as public records; or
(d) To carry out any
other provision of this chapter;
(7) To gather and
disseminate to interested agencies information on all phases of records
management and current practices, methods, procedures, techniques, and devices
for efficient and economical management and preservation of records;
(8) To operate a
central microfilming bureau which will microfilm, at cost, records approved for
filming by the head of the office of origin and the archivist; to approve
microfilming projects undertaken by state departments and all other agencies of
state government; and to maintain proper standards for this work;
(9) To maintain
necessary facilities for the review of records approved for destruction and for
their economical disposition by sale or burning; directly to supervise such
destruction of public records as shall be authorized by the terms of this
chapter; (([and]))
(10) To assist and
train state and local agencies in the proper methods of creating, maintaining,
cataloging, indexing, transmitting, storing, and reproducing photographic,
optical, electronic, or other images used as public records;
(11) To solicit,
accept, and expend donations as provided in RCW 43.07.037 for the purpose of
the archive program. These purposes include, but are not limited to,
acquisition, accession, interpretation, and display of archival materials.
Donations that do not meet the criteria of the archive program may not be
accepted.
Sec. 5. RCW 42.17.710 and 1993 c
2 s 11 are each amended to read as follows:
(1) During the
period beginning on the thirtieth day before the date a regular legislative
session convenes and continuing thirty days past the date of final adjournment,
and during the period beginning on the date a special legislative session
convenes and continuing through the date that session adjourns, no state
official or a person employed by or acting on behalf of a state official or
state legislator may solicit or accept contributions to a public office fund, to
a candidate or authorized committee, or to retire a campaign debt.
(2) This section
does not apply to activities authorized in RCW 43.03.037.
NEW SECTION. Sec.
6. A new section is added
to chapter 42.52 RCW to read as follows:
This
chapter does not prohibit the secretary of state or his or her designee from
soliciting and accepting contributions to the oral history, archives, and
international trade account under RCW 43.07.037.
