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Washington State Laws on Optical Imaging

State Archivist and Records Manager:

Dr. George W. Scott, State Archivist

Div. of Archives & Records Mgmt.

1120 Washington St., SW Olympia, WA 98504-0238

360-753-5485 fax: 360-664-8814


David Owens, Deputy State

Archivist

360-753-5485


David Hastings, Chief of Archives

360-586-1492

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Rules of Evidence:

RCW 5.46.010 Copies of business and public records as

evidence. If any business, institution, member of a profession or

calling or any department or agency of government, in the regular

course of business or activity has kept or recorded any memorandum,

writing, entry, print, representation or combination thereof, of

any act, transaction, occurrence or event, and in the regular

course of business has caused any or all of the same to be

recorded, copied or reproduced by any photographic, photostatic,

microfilm, microcard, miniature photographic, optical imaging, or

other process which accurately reproduces or forms a durable mediumfor so reproducing the original, the original may be destroyed in

the regular course of business unless the same is an asset or is

representative of title to an asset held in a custodial or

fiduciary capacity or unless its preservation is required by law.

Such reproduction, when satisfactorily identified, is as admissible

in evidence as the original itself in any judicial or

administrative proceeding whether the original is in existence or

not and an enlargement or facsimile of such reproduction is

likewise admissible in evidence if the original reproduction is in

existence and available for inspection under direction of court.

The introduction of a reproduced record, enlargement or facsimile,

does not preclude admission of the original. [1994 c 19 1; 1959

c 125 1; 1953 c 273 1. Formerly RCW 5.44.125.]


NOTES:

Photostatic or photographic copies of public or business records

admissible in evidence: RCW 40.20.030.


RCW 9.26A.100 Definitions. Unless the context clearly

requires otherwise, the definitions in this section apply

throughout this chapter.

(1) "Access device" shall have the same meaning as that

contained in RCW 9A.56.010.

(2) "Computer" means an electronic, magnetic, optical,

electrochemical, or other high speed data processing device

performing logical, arithmetic, or storage functions, and includes

any data storage facility or communications facility directly

related to or operating in conjunction with such device, but does

not mean an automated typewriter or typesetter, portable hand held

calculator, or other similar device.



RCW 18.28.110 Licensees--Functions required to be performed.

Every licensee shall perform the following functions:

(1) Make a permanent record of all payments by debtors, or on

the debtors' behalf, and of all disbursements to creditors of such

debtors, and shall keep and maintain in this state all such

records, and all payments not distributed to creditors. No person

shall intentionally make any false entry in any such record, or

intentionally mutilate, destroy or otherwise dispose of any such

record. Such records shall at all times be open for inspection by

the director or his authorized agent, and shall be preserved as

original records or by microfilm or other methods of duplicationacceptable to the director, for at least six years after making the

final entry therein.


RCW 36.18.005 Definitions. The definitions set forth in this

section apply throughout this chapter unless the context clearly

requires otherwise.

(1) "Recording officer" means the county auditor, or in

charter counties the county official charged with the

responsibility for recording instruments in the county records.

(2) "File," "filed," or "filing" means the act of delivering

an instrument to the auditor or recording officer for recording

into the official public records.

(3) "Record," "recorded," or "recording" means the process,

such as electronic, mechanical, optical, magnetic, or microfilm

storage used by the auditor or recording officer after filing to

incorporate the instrument into the public records. [1991 c 26 1.]


RCW 40.14.020 Division of archives and records management--

State archivist--Powers and duties--Duties of public officials.

All public records shall be and remain the property of the state of

Washington. They shall be delivered by outgoing officials and

employees to their successors and shall be preserved, stored,

transferred, destroyed or disposed of, and otherwise managed, only

in accordance with the provisions of this chapter. 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 state archivist, who

shall administer the division and have reasonable access to all

public records, wherever kept, for purposes of information,

surveying, or cataloguing, shall undertake the following functions,

duties, and responsibilities:

(1) To manage the archives of the state of Washington;

(2) To centralize the archives of the state of Washington, to

make them available for reference and scholarship, and to insure

their proper preservation;

(3) To inspect, inventory, catalog, and arrange retention and

transfer schedules on all record files of all state departments and

other agencies of state government;

(4) To insure the maintenance and security of all state public

records and to establish safeguards against unauthorized removal or

destruction;

(5) To establish and operate such state record centers as may

from time to time be authorized by appropriation, for the purpose

of preserving, servicing, screening and protecting all state public

records which must be preserved temporarily or permanently, but

which need not be retained in office space and equipment;

(6) To adopt rules under chapter 34.05 RCW:

(a) Setting standards for the durability and permanence of

public records maintained by state and local agencies;

(b) Governing procedures for the creation, maintenance,

transmission, cataloging, indexing, storage, or reproduction of

photographic, optical, electronic, or other images of public

documents or records in a manner consistent with current standards,

policies, and procedures of the department of information services

for the acquisition of information technology;

(c) Governing the accuracy and durability of, and facilitating

access to, photographic, optical, electronic, or other images used

as public records; or

(d) To carry out any other provision of this chapter;

(7) To gather and disseminate to interested agencies

information on all phases of records management and current

practices, methods, procedures, techniques, and devices for

efficient and economical management and preservation of records;

(8) To operate a central microfilming bureau which will

microfilm, at cost, records approved for filming by the head of the

office of origin and the archivist; to approve microfilming

projects undertaken by state departments and all other agencies of

state government; and to maintain proper standards for this work;

(9) To maintain necessary facilities for the review of records

approved for destruction and for their economical disposition by

sale or burning; directly to supervise such destruction of public

records as shall be authorized by the terms of this chapter; [and]

(10) To assist and train state and local agencies in the

proper methods of creating, maintaining, cataloging, indexing,

transmitting, storing, and reproducing photographic, optical,

electronic, or other images used as public records. [1995 c 326

1. Prior: 1991 c 237 4; 1991 c 184 1; 1986 c 275 1; 1983 c

84 1; 1981 c 115 1; 1957 c 246 2.]


RCW 62A.4-110 Electronic presentment. (a) "Agreement for

electronic presentment" means an agreement, clearing-house rule, or

Federal Reserve regulation or operating circular, providing that

presentment of an item may be made by transmission of an image of

an item or information describing the item ("presentment notice")

rather than delivery of the item itself. The agreement may provide

for procedures governing retention, presentment, payment, dishonor,

and other matters concerning items subject to the agreement.

(b) Presentment of an item pursuant to an agreement for

presentment is made when the presentment notice is received.

(c) If presentment is made by presentment notice, a reference

to "item" or "check" in this Article means the presentment notice

unless the context otherwise indicates. [1993 c 229 86.]


RCW 65.04.015 Definitions. The definitions set forth [in]

this section apply throughout this chapter unless the context

clearly requires otherwise.

(1) "Recording officer" means the county auditor, or in

charter counties the county official charged with the

responsibility for recording instruments in the county records.

(2) "File," "filed," or "filing" means the act of delivering

an instrument to the auditor or recording officer for recording

into the official public records.

(3) "Record," "recorded," or "recording" means the process,

such as electronic, mechanical, optical, magnetic, or microfilm

storage used by the auditor or recording officer after filing to

incorporate the instrument into the public records.

(4) "Record location number" means a unique number that

identifies the storage location (book or volume and page, reel and

frame, instrument number, auditor or recording officer file number,

receiving number, electronic retrieval code, or other specific

place) of each instrument in the public records accessible in the

same recording office where the instrument containing the reference

to the location is found. [1991 c 26 3.]


RCW 36.18.005 Definitions. The definitions set forth in this

section apply throughout this chapter unless the context clearly

requires otherwise.(1) "Recording officer" means the county auditor, or in

charter counties the county official charged with theresponsibility for recording instruments in the county records.(2) "File," "filed," or "filing" means the act of delivering an instrument to the auditor or recording officer for recording

into the official public records.

(3) "Record," "recorded," or "recording" means the process,

such as electronic, mechanical, optical, magnetic, or microfilm

storage used by the auditor or recording officer after filing to

incorporate the instrument into the public records. [1991 c 26 1.]

 


RCW 40.14.010 Definition and classification of public

records. As used in this chapter, the term "public records" shall

include any paper, correspondence, completed form, bound record

book, photograph, film, sound recording, map drawing, machine-

readable material, compact disc meeting current industry ISO

specifications, or other document, regardless of physical form or

characteristics, and including such copies thereof, that have been

made by or received by any agency of the state of Washington in

connection with the transaction of public business, and legislative

records as described in RCW 40.14.100.

For the purposes of this chapter, public records shall be

classified as follows:

(1) Official public records shall include all original

vouchers, receipts, and other documents necessary to isolate and

prove the validity of every transaction relating to the receipt,

use, and disposition of all public property and public income from

all sources whatsoever; all agreements and contracts to which the

state of Washington or any agency thereof may be a party; all

fidelity, surety, and performance bonds; all claims filed against

the state of Washington or any agency thereof; all records or

documents required by law to be filed with or kept by any agency of

the state of Washington; all legislative records as defined in RCW

40.14.100; and all other documents or records determined by the

records committee, created in RCW 40.14.050, to be official public

records.

(2) Office files and memoranda include such records as

correspondence, exhibits, drawings, maps, completed forms, or

documents not above defined and classified as official public

records; duplicate copies of official public records filed with any

agency of the state of Washington; documents and reports made for

the internal administration of the office to which they pertain but

not required by law to be filed or kept with such agency; and other

documents or records as determined by the records committee to be

office files and memoranda. [1996 c 71 ~ 1; 1982 c 36 ~ 3; 1981 c

32 4; 1971 ex.s. c 102 ~ 1; 1957 c 246 1.]

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