SENATE BILL REPORT

SB 6023

BYSenators Pullen and Talmadge

Providing for preservation of private business records.

Senate Committee on Law & Justice

Senate Hearing Date(s):March 1, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman, Madsen, Nelson, Niemi, Rinehart, Talmadge.

Senate Staff:Jon Carlson (786-7459)

                  March 1, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 1, 1989

BACKGROUND:

Under current law (Chapter 40.14 RCW), the Washington State Records Committee approves, modifies, or disapproves the recommendations on retention schedules of all files of public records and acts upon requests to destroy any public records.  Generally, official public records cannot be destroyed unless: (1) the records are six years old or more; (2) the department of origin of the records shows that the six-year period is unnecessary and uneconomical; or (3) those originals less than six years old have been photocopied.  In addition, lesser terms of retention than six years usually must have the additional approval of the director of Financial Management, the State Auditor, and the Attorney General.  The Records Committee also authorizes the disposition or destruction of office files and memoranda belonging to state agencies.

At present there is no uniformity in Washington State with respect to the retention of private records.  It is suggested that a version of the Uniform Preservation of Private Business Records Act be adopted in order to:  (1) provide a records retention schedule applicable to the private sectors; (2) minimize the paperwork burden for individuals and small businesses; and (3) minimize costs pertaining to collecting, maintaining, and disseminating information.

SUMMARY:

A records retention act is created which establishes a records retention schedule applicable to the private sector.

Business records required to be created or kept by law may be destroyed after three years from the time of creation.  State law or regulation may allow records to be destroyed prior to the expiration of the three-year period.

State law or regulation may require records to be kept longer than three years if a longer period is necessary to satisfy specific statutory requirements or to meet other substantial need.

All records created before and after the effective date of this act are subject to these provisions.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: No one