HOUSE BILL REPORT

HB 2391

BYRepresentatives Wood, Haugen, Ferguson, Wolfe and Horn

Establishing a state recording officer.

House Committe on Local Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (14 )

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Kirby, Horn, Nealey, Nelson, Nutley, Phillips, Raiter, Rayburn, Wolfe, Wood and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS REPORTED BY COMMITTEE ON LOCAL GOVERNMENT JANUARY 23, 1990

BACKGROUND:

Various government officials are authorized to receive and hold records.  County auditors hold various records, including records relating to property located within the county, and at least for a limited time records relating to marriages, deaths, and births within the county.  The Department of Health provides a central depository for various records relating to birth, death, and marriages.  The division of Archives and Records Management of the Secretary of State's office maintains an archive for state public records.

SUMMARY:

SUBSTITUTE BILL:  The Secretary of State, through the division of Archives and Records Management, is designated as the state recording officer.

A seven member state advisory committee on recording systems is established consisting of: (1) the state recording officer, who serves as chairperson; (2) the state archivist, or the archivist's designee; (3) a designee of the attorney general; and (4) four county auditors appointed by the Washington State Association of County Auditors, with one being from a class AA county, one being from a class A through first class county, one being from a second through fifth class county, and one being from a sixth through ninth class county.

The advisory committee is authorized to: (1) review statutes and determine what changes would simplify recording processes, improve access to recorded documents, and eliminate conflicting recording laws; (2) investigate the feasibility of both standardizing recording forms and procedures, and consolidating or linking general indexes of participating counties; (3) make recommendations to the state recording officer; and (4) recommend changes in state laws to the legislature at any time, and in addition, by no later than January 1, 1992.

The state recording officer must: (1) consider and adopt rules that are proposed by the state advisory committee on recording systems; (2) develop and distribute guidelines and recommendations on efficient and uniform recording system operations; (3) review and approve new procedures proposed by county auditors to conform with these guidelines and recommendations; (4) monitor developments in recording, indexing and duplicating documents; and (5) exchange information with county auditors on recording laws and procedures.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  (1) Only a designee of the attorney general, instead of the attorney general or a designee, would be on the advisory commission.  (2) The committee can make recommendations to the legislature at anytime, instead of just by January 1, 1992.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Sam Reed, Washington State Association of County Auditors; Karen Flynn, Kitsap County Auditor; Sue Burkley, Recording Supervisor, Thurston County Auditor's Office; Sid McAlpin, Division of Archives, Office of Secretary of State; and Don Whiting, Secretary of State's Office.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    We need standardized procedures.  This is a sequel to last year's legislation.  Each county has different recording practices.  We have 19th Century recording laws.

House Committee - Testimony Against:      None.