BP BHEAD INT S

AN ACT Relating to the mandatory use of recycled paper; adding new sections to chapter 2.28 RCW; adding a new section to chapter 34.05 RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that there is a need to expand upon existing laws which foster the effective and efficient management of solid waste by requiring that certain documents submitted by attorneys at law to state courts of record be submitted on recycled paper. The legislature further finds that increased recycling will protect and enhance the environment and economy of Washington state.

NEW SECTION. Sec. 2. A new section is added to chapter 2.28 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 2 through 4 of this act.

(1) "Attorney" means an attorney at law admitted to practice law before any court of record in this state.

(2) "Document" means a pleading or other paper submitted as an appendix to the pleading by an attorney, which document is required or permitted to be filed with a clerk of court concerning an action to be commenced or that is pending before a court of record.

(3) "Recycled paper" means paper with not less than fifty percent of its total weight consisting of secondary and postconsumer waste and with not less than ten percent of such total weight consisting of postconsumer waste.

NEW SECTION. Sec. 3. A new section is added to chapter 2.28 RCW to read as follows:

(1) Except as provided in subsection (3) of this section, an attorney may not submit a document to a court of record after January 1, 1995, unless the document is submitted on recycled paper. This section applies to all papers appended to the document.

(2) Procedures adopted to implement this section may not impede the conduct of court business nor create grounds for an additional cause of action or sanction.

(3) A court of record may not refuse a document solely because the document was not submitted on recycled paper.

(a) This section does not apply to:

(i) A photograph;

(ii) An original document that was prepared or printed before January 1, 1995;

(iii) A document that was not created at the direction or under the control of the submitting attorney;

(iv) A facsimile copy otherwise permitted to be filed with a court of record in lieu of the original document. However, if the original is also required to be filed, the original must be submitted in compliance with this section; and

(v) Existing stock of nonrecycled paper and preprinted forms acquired or printed before January 1, 1994.

NEW SECTION. Sec. 4. A new section is added to chapter 34.05 RCW to read as follows:

(1) Except as provided in subsection (3) of this section, an attorney may not submit a document concerning an adjudicatory proceeding after January 1, 1995, unless the document is submitted on recycled paper. This section applies to all papers appended to the document.

(2)(a) A state agency that adopts policies, procedures, rules, or regulations for the purpose of implementing this section shall ensure that the conduct of state business is not impeded and that a person is not denied access to the services or programs of a state agency as a result of the implementation.

(b) A state agency may not refuse a document solely because it was not submitted on recycled paper.

(3) This section does not apply to:

(a) A photograph:

(b) An original document that was prepared or printed before January 1, 1995;

(d) A facsimile copy concerning an adjudicatory proceeding otherwise permitted to be filed in lieu of the original document. However, if the original is also required to be filed, the original must be submitted in compliance with this section; and

(e) Existing stock of nonrecycled paper and preprinted forms acquired before January 1, 1994.

NEW SECTION. Sec. 5. This act shall take effect July 1, 1994.