Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Government Operations & Elections Committee

HB 1359

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background:

The State Archivist administers the Division of Archives and Records Management in the Office of the Secretary of State. The State Archivist has a variety of duties, including:

managing the state archives;
cataloging and arranging the retention of all state public records;
ensuring the maintenance and security of all state public records;
operating a records center and a microfilming bureau;
directly supervising the destruction of public records that are authorized to be destroyed;
prescribing records management procedures for state agencies; and
training state and local agency officials in proper records management practices.

All public records are the property of the state of Washington, and statutory provisions govern how they shall be preserved, stored, transferred, destroyed, disposed of, or otherwise managed. Public records include:

Any document, regardless of physical form or characteristics. Thus, in addition to paper records, photographs and microfilm, these records include those that are created or received using any kind of digital format or application, such as emails, websites, blogs, wikis, digital photos, text messages, blogs, and tweets.
Both records that an agency creates and records that an agency may receive or collect. For example, when an agency solicits public comment on an issue, both the request for comment and any comments received in response are public records.
Any record providing the proof or evidence of agency business, including its finance, human resources, facility and asset management.

Summary of Bill:

The State Archivist must meet certain qualifications. He or she must have:

a master's degree in history, government, political science, or business administration, or be a certified archivist; and
five years of experience as an archivist.

The explicit duties and responsibilities of the State Archivist are expanded. The State Archivist must:

Consult: provide consultant services for archival programs and training for state and local records coordinators;

Supervise: supervise the operation of regional branches and digital archives;

Stop Illegal Possession: demand turnover of original state or local government records illegally possessed by any person, organization, or entity;

Coordinate: serve as a liaison to other branches of government and consultant to local and state government; and

Make Recommendations: make recommendations for improvements to laws, rules, policies, and procedures on behalf of the division of archives and records management and state and local government agencies and officials.