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From: Mary Kathryn Kozy <>
Subject: [APG] WA State Bill on Management of Confidential Records
Date: Fri, 07 Feb 2003 17:11:41 -0800


Given the topics floating around on the list regarding Indiana and other
state's records in jeopardy, I thought I'd share my recent experience with
you. I sent this out earlier today to a couple of local email lists here in
the Puget Sound area (minus the first comment in parentheses).

I've been in contact with Jerry Handfield, the WA State Archivist (and
former IN State Archivist -- he was appauled to hear what's going on back
there...), and he wanted me to get the word out about WA State SB 5275 -
Managing Confidential Records. It is a bill that he drafted that has to do
with what happens to confidential records created in the State of WA after
the agencies they are created for no longer want them or can use them. It
also establishes a 75-year privacy period similar to the federal
government's limits on the release of the census.

Jerry asked me to let it be known that this bill was coming up for vote,
and that it would behoove us to let our state legislators know how we feel
about this. It is important that these records be saved and protected, and
I don't think any of us have problems with the privacy provisions, as we've
been dealing with these for a while as genealogists. Jerry tells me that
"currently all confidential records are confidential forever. This ends
confidentiality at 75 years for some records and allows us to work out
agreements with agencies for shorter time periods." He assures me that this
is just a first step.

Please contact your state senators and legislators and let them know how
strongly you feel about this issue. State governments all over the U.S. are
currently (due to identity fraud and other issues) drafting legislation
that is very anti-openness and anti-genealogist. We need to support this
move in the other direction. I've included the text of the bill below for
your perusal. You can go to this page:
http://www.leg.wa.gov/wsladm/default.htm and find your representative or
senator if you are uncertain how to contact them.

Thanks!

Mary Kathryn Kozy
SKCGS Program Chair and Webmaster
http://www.rootsweb.com/~waskcgs/

The text of this bill is:

State of Washington
58th Legislature
2003 Regular Session
By Senators Roach, Fairley, Horn, Stevens and Hale;
by request of Secretary of State Read first time 01/21/2003. Referred to
Committee on Government Operations & Elections.

AN ACT Relating to the confidential nature of public records transferred to
the state archives; and amending RCW 40.14.030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: Sec. 1. RCW
40.14.030 and 1957 c 246 s 3 are each amended to read as follows:

{+ (1) +} All public records, not required in the current operation of the
office where they are made or kept, and all records of every agency,
commission, committee, or any other activity of state government which may
be abolished or discontinued, shall be transferred to the state archives so
that the valuable historical records of the state may be centralized, made
more widely available, and insured permanent preservation: PROVIDED, That
this section shall have no application to public records approved for
destruction under the subsequent provisions of this chapter.
When so transferred, copies of the public records concerned shall be made
and certified by the archivist, which certification shall have the same
force and effect as though made by the officer originally in charge of
them. Fees may be charged to cover the cost of reproduction. In turning
over the archives of his office, the officer in charge thereof, or his
successor, thereby loses none of his rights of access to them, without
charge, whenever necessary.
{+ (2) For the purposes of this chapter, public records of a confidential
character must be managed as follows:
(a) Records that have a confidential character while in the possession of
the original agency, commission, committee, or any other entity of state or
local government retain their confidential character after transfer to the
state archives unless the archivist, with the concurrence of originating
jurisdiction, determines that the records must be made accessible to the
public under proper and reasonable rules adopted by the secretary of state.
(b) A record that is transferred to archives under this chapter and has a
confidential character is open to inspection and available for copying
after the expiration of seventy-five years from creation of the record.
+} --- END ---

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