AN
ACT Relating to the records of the county clerk; and amending RCW 36.23.065 and
36.23.067.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
36.23.065 and 1981 c 277 s 10 are each amended to read as follows:
Notwithstanding
any other law relating to the destruction of court records, the county clerk
may cause to be destroyed all documents, records, instruments, books, papers,
depositions, and transcripts, in any action or proceeding in the superior
court, or otherwise filed in his or her office pursuant to law, if all
of the following conditions exist:
(1)
The county clerk maintains for the use of the public a photographic film,
microphotographic, photostatic, electronic, or similar reproduction of
each document, record, instrument, book, paper, deposition, or transcript so
destroyed: PROVIDED, That all receipts and canceled checks filed by a personal
representative pursuant to RCW 11.76.100 may be removed from the file by order
of the court and destroyed the same as an exhibit pursuant to RCW 36.23.070.
(2)
At the time of the taking of ((said)) the photographic film,
microphotographic, photostatic, electronic, or similar reproduction, the
county clerk or other person under whose direction and control the same was
taken, attached thereto, or to the sealed container in which the same was
placed and has been kept, or incorporated in ((said)) the photographic
film, microphotographic, photostatic, electronic, or similar reproduction,
a certification that the copy is a correct copy of the original, or of a
specified part thereof, as the case may be, the date on which taken, and the
fact it was taken under ((his)) the clerk's direction and
control. The certificate must be under the official seal of the certifying
officer, if there be any, or if ((he be)) the certifying officer is
the clerk of a court having a seal, under the seal of such court.
(3)
The county clerk promptly seals and stores at least one original or
negative of each such photographic film, microphotographic, photostatic,
electronic, or similar reproduction in such manner and place as reasonably
to assure its preservation indefinitely against loss, theft, defacement, or
destruction. Electronic reproductions are acceptable media for this purpose
if one of the following conditions exists:
(a)
The electronic reproductions are continuously updated and, if necessary,
transferred to another medium to ensure that they are accessible through
contemporary and supported electronic or computerized systems; or
(b)
The electronic reproductions are scheduled to be reproduced on photographic
film, microphotographic, photostatic, or similar media for indefinite
preservation.
(4)
When copies of public records of the county clerk are transferred to the state
archives for security storage, the state archives may only provide certified
copies of those records with the written permission of the county clerk who is
custodian of those records. When so transferred and authorized, the copies of
the public records concerned shall be made by the state archives, which
certification shall have the same force and effect as though made by the county
clerk who is custodian of the record. If there is a statutory fee for the
reproduction of the document, contracts can be made between the county clerk
and the state archives for reproduction and certification of the copies,
however no certification authority may be transferred except as provided in
this subsection and for records of abolished or discontinued offices or
agencies under chapter 40.14 RCW.
Sec.
2. RCW
36.23.067 and 1963 c 4 s 36.23.067 are each amended to read as follows:
Any print, whether enlarged or not, from any photographic film,
including any photographic plate, microphotographic film, or photostatic
negative or similar reproduction, or from any electronic record, of any
original record, document, instrument, book, paper, deposition, or
transcript which has been processed in accordance with the provisions of RCW
36.23.065, and has been certified by the county clerk under his or her
official seal as a true copy, may be used in all instances, including
introduction in evidence in any judicial or administrative proceeding, that the
original record, document, instrument, book, paper, deposition, or
transcript might have been used, and shall have the full force and effect of ((said))
the original for all purposes.
