BILL REQ. #:  Z-0453.1 

Read first time 01/21/2003.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to the confidential nature of public records transferred to the state archives; and amending RCW 40.14.030.

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

Sec. 1   RCW 40.14.030 and 1957 c 246 s 3 are each amended to read as follows:
     (1) All public records, not required in the current operation of the office where they are made or kept, and all records of every agency, commission, committee, or any other activity of state government which may be abolished or discontinued, shall be transferred to the state archives so that the valuable historical records of the state may be centralized, made more widely available, and insured permanent preservation: PROVIDED, That this section shall have no application to public records approved for destruction under the subsequent provisions of this chapter.
     When so transferred, copies of the public records concerned shall be made and certified by the archivist, which certification shall have the same force and effect as though made by the officer originally in charge of them. Fees may be charged to cover the cost of reproduction. In turning over the archives of his office, the officer in charge thereof, or his successor, thereby loses none of his rights of access to them, without charge, whenever necessary.
     (2) For the purposes of this chapter, public records of a confidential character must be managed as follows:
     (a) Records that have a confidential character while in the possession of the original agency, commission, committee, or any other entity of state or local government retain their confidential character after transfer to the state archives unless the archivist, with the concurrence of originating jurisdiction, determines that the records must be made accessible to the public under proper and reasonable rules adopted by the secretary of state.
     (b) A record that is transferred to archives under this chapter and has a confidential character is open to inspection and available for copying after the expiration of seventy-five years from creation of the record.