SB 5517

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.

As of February 24, 2011

Title: An act relating to exempting institutions of higher education that do not use archives and records management services from payment for those services.

Brief Description: Exempting institutions of higher education that do not use archives and records management services from payment for those services.

Sponsors: Senators Tom, Hill, Kilmer and Shin.

Brief History:

Committee Activity: Higher Education & Workforce Development: 2/09/11, 2/16/11 [DP].

Ways & Means:


Majority Report: Do pass.

Signed by Senators Tom, Chair; Shin, Vice Chair; Hill, Ranking Minority Member; Baumgartner, Becker, Ericksen, Kastama, Kilmer and White.

Staff: Kimberly Cushing (786-7421)


Staff: Maria Hovde (786-7710)

Background: Under current Washington law, all public records must be and remain the property of the state of Washington. The term public records includes any paper, correspondence, completed form, bound record book, photograph, film, sound recording, map drawing, machine-readable material, compact disc, or other document, as well as copies that have been made by or received by any agency in connection with public business, and legislative records.

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 Secretary of State and the Director of the Office of Financial Management must jointly establish a procedure and formula for allocating the costs of services provided by the Division of Archives and Records Management to state agencies.

Under RCW 28B.10.016, institutions of higher education are defined as the University of Washington (UW), Washington State University, Western Washington University, Central Washington University, Eastern Washington University, The Evergreen State College, the community colleges, and the technical colleges.

Summary of Bill: Institutions of higher education that do not use the services of the Division of Archives and Records Management are exempt from its cost allocation procedure or formula and are not required to pay any fees or charges.

Appropriation: None.

Fiscal Note: Requested on January 31, 2011.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony (Higher Education & Workforce Development): PRO: The UW does local management of archiving and record services. The university should pay for services rendered by the agency. In this case, the fees are generated by the number of employees. The potential savings to the UW is about $500,000 a year. The community and technical colleges will save $300,000 collectively. The colleges don’t see per box charges because they maintain records on campus. Pierce College spends a little less than $16,000 a year for full-time equivalent (FTE) charge. It does not store records with the Division of Archives and Records Management. While the college does benefit from some services, but services don't match the amount that they pay. The savings could be translated to tuition for students.

OTHER: Archives and Records Management is charged with managing and archiving all public records in Washington State. These are historical and legal records. Four branch archives are located on university campuses. Archive collections and facilities are used on a regular basis by universities. Archives arranges for the retention and transfer of all records in state agencies. The division assists and trains local and state agencies on electronic records management. They've recently reduced billing fees and laid off staff as a result. If the universities do not use the services of the State Archives, the cost will be redistributed to other state agencies. There are two types of charges: a box charge for storing records, and a FTE, based on the assumption that all state employees generate records that must be managed.

Persons Testifying (Higher Education & Workforce Development): PRO: Margaret Shepherd, UW; Linda Schoonmaker, State Board for Community and Technical Colleges; Joann Wiszmann, Pierce College.

OTHER: Jerry Handfield, Office of Secretary of State, State Archives.