[atlas:bill]

AN ACT Relating to the state library; amending RCW 27.04.100, 27.12.180, 27.12.260, 27.12.320, 27.12.360, 27.18.010, 27.18.030, 17.15.040, 27.12.100, 27.12.305, 28A.410.240, 28A.650.015, 35.17.170, 40.06.020, 40.06.050, 40.07.030, 40.14.080, 40.14.100, 40.14.180, 42.30.110, 43.105.290, 43.105.825, 43.126.025, 43.131.051, 43.136.030, 63.29.280, and 70.95C.060; adding a new section to chapter 28B.40 RCW; creating new sections; repealing RCW 40.06.030, 40.06.040, 40.06.060, 40.06.900, 27.04.010, 27.04.020, 27.04.030, 27.04.045, and 27.04.055; providing effective dates; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature recognizes that because of the serious revenue shortfall for the immediate future that substantial cuts in state services must be made. Furthermore, the legislature finds that efficiencies and economies in state government can be achieved by merging the operations of agencies with like functions. The state library and academic, agency, and other public libraries provide similar services to consumers. In addition, with the increased availability of digitized information for employees of state agencies, the legislature, and academia, consumers' use of the state library has declined over the years. The decline in use of the library has led the legislature to conclude that the library should be eliminated.

It is, therefore, the intent of the legislature to transfer the most important responsibilities of the state library to other public libraries, to distribute its collection of books, documents, and other printed materials to public agencies and public libraries, and to abolish the state library.

PART 1

STATE LIBRARY ABOLISHED

NEW SECTION. Sec. 101. (1) The state library is hereby abolished effective October 1, 2002, and its powers, duties, and functions are either transferred to other public agencies as enumerated in this act or eliminated.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state library shall be delivered to the custody of the agency assuming responsibility for the function transferred. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state library shall be made available to the agency assuming responsibility for the function transferred. All funds, credits, or other assets held by the state library shall be assigned to the agency assuming responsibility for the function transferred.

(b) Any appropriations made to the state library shall, on October 31, 2002, be transferred and credited to the agency assuming responsibility for the function transferred.

(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

(3) All rules and all pending business before the state library shall be continued and acted upon by the agency assuming responsibility for the function transferred. All existing contracts and obligations shall remain in full force and shall be performed by the agency assuming responsibility for the function transferred.

(4) The transfer of the powers, duties, functions, and personnel of the state library does not affect the validity of any act performed before October 31, 2002.

(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

(6) This section may not be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified. This section may not be construed to alter any right of employees to bargain collectively.

PART 2

TRANSFER AND ELIMINATION OF FUNCTIONS

NEW SECTION. Sec. 201. Effective October 31, 2002, all employees of the state library who are currently located in branch libraries in state institutions or in an agency library under a contract the state library has with a state agency before October 31, 2002, shall be transferred to the jurisdiction of the state agency in which the branch or agency library is located.

NEW SECTION. Sec. 202. (1) Responsibility for the Washington talking book and braille library is transferred to the department of community, trade, and economic development.

(2) Responsibility for the Washington Room and other northwest collections including newspapers, manuscripts, historic photographs, northwest history books, census data, maps, published government documents, and other historical materials are transferred to the state archivist.

NEW SECTION. Sec. 203. A new section is added to chapter 28B.40 RCW to read as follows:

The secretary of state is designated as the state's federal depository and as the regional depository for Washington and Alaska.

Sec. 204. RCW 27.04.100 and 1990 c 68 s 1 are each amended to read as follows:

(1) In recognition of prison overcrowding and the hazardous nature of employment in state institutions and offices, the legislature hereby provides a supplementary program to reimburse employees ((~~of the~~)) who are employed by a state agency that maintains a library located within a state institution, for some of their costs attributable to their being the victims of offender or resident assaults. This program shall be limited to the reimbursement provided in this section.

(2) An employee is only entitled to receive the reimbursement provided in this section if the ((~~state librarian, or the state librarian's~~)) secretary, or the secretary's designee, finds that each of the following has occurred:

(a) An offender or resident has assaulted the employee while the employee is performing the employee's official duties and as a result ((~~thereof~~)), the employee has sustained injuries which have required the employee to miss days of work; and

(b) The assault cannot be attributable to any extent to the employee's negligence, misconduct, or failure to comply with any rules or conditions of employment.

(3) The reimbursement authorized under this section shall be as follows:

(a) The employee's accumulated sick leave days shall not be reduced for the workdays missed;

(b) For each workday missed for which the employee is not eligible to receive compensation under chapter 51.32 RCW, the employee shall receive full pay; and

(c) With respect to workdays missed for which the employee will receive or has received compensation under chapter 51.32 RCW, the employee shall be reimbursed in an amount which, when added to that compensation, will result in the employee receiving full pay for the workdays missed.

(4) Reimbursement under this section may not last longer than three hundred sixty-five consecutive days after the date of the injury.

(5) The employee shall not be entitled to the reimbursement provided in subsection (3) of this section for any workday for which the ((~~state librarian, or the state librarian's~~)) secretary, or the secretary's designee, finds that the employee has not diligently pursued his or her compensation remedies under chapter 51.32 RCW.

(6) The reimbursement shall only be made for absences which the ((~~state librarian, or the state librarian's~~)) secretary, or the secretary's designee, believes are justified.

(7) While the employee is receiving reimbursement under this section, he or she shall continue to be classified as a state employee and the reimbursement amount shall be considered as salary or wages.

(8) All reimbursement payments required to be made to employees under this section shall be made by the state ((~~library~~)) agency by which they are employed. The payments shall be considered as a salary or wage expense and shall be paid by the state ((~~library~~)) agency in the same manner and from the same appropriations as other salary and wage expenses of the state ((~~library~~)) agency.

(9) Should the legislature revoke the reimbursement authorized under this section or repeal this section, no affected employee is entitled thereafter to receive the reimbursement as a matter of contractual right.

(10) For the purposes of this section, "offender or resident" means: (a) Inmate as defined in RCW 72.09.020, (b) offender as defined in RCW 9.94A.030, (c) any other person in the custody of or subject to the jurisdiction of the department of corrections, or (d) a resident of a state institution.

Sec. 205. RCW 27.12.180 and 1941 c 65 s 6 are each amended to read as follows:

Instead of establishing or maintaining an independent library, the legislative body of any governmental unit authorized to maintain a library shall have power to contract to receive library service from an existing library, the board of trustees of which shall have reciprocal power to contract to render the service with the consent of the legislative body of its governmental unit. Such a contract shall require that the existing library perform all the functions of a library within the governmental unit wanting service. In like manner a legislative body may contract for library service from a library not owned by a public corporation but maintained for free public use((~~: PROVIDED, That such a library be subject to inspection by the state librarian and be certified by him as maintaining a proper standard~~)). Any school district may contract for school library service from any existing library, such service to be paid for from funds available to the school district for library purposes.

Sec. 206. RCW 27.12.260 and 1935 c 119 s 12 are each amended to read as follows:

At the close of each year the board of trustees of every library shall make a report to the legislative body of the governmental unit wherein the board serves, showing the condition of their trust during the year, the sums of money received for the library fund from taxes and other sources, the sums of money expended and the purposes of the expenditures, the number of books and periodicals on hand, the number added during the year, the number retired, the number loaned out, and such other statistics and information and such suggestions as they deem of public interest. ((~~A copy of this report shall be filed with the state librarian.~~))

Sec. 207. RCW 27.12.320 and 1982 c 123 s 12 are each amended to read as follows:

A library established or maintained under this chapter (except a regional or a rural county library district library, an intercounty rural library district library, or an island library district library) may be abolished only in pursuance of a vote of the electors of the governmental unit in which the library is located, taken in the manner prescribed in RCW 27.12.030 for a vote upon the establishment of a library. If a library of a city or town be abolished, the books and other printed or written matter belonging to it shall go to the library of the county whereof the municipality is a part, if there be a county library((~~, but if not, then to the state library. If a library of a county or region be abolished, the books and other printed matter belonging to it shall go to the state library. All other~~)). If there is no county library, all library property, including books and documents, shall be disposed of as the legislative body of the governmental unit shall direct.

After a rural county library district, an island library district, or an intercounty rural library district has been in operation for three or more years, it may be dissolved pursuant to a majority vote of all of the qualified electors residing outside of incorporated cities and towns voting upon a proposition for its dissolution, at a general election, which proposition may be placed upon the ballot at any such election whenever a petition by ten percent or more qualified voters residing outside of incorporated cities or towns within a rural county library district, an island library district, or an intercounty rural library district requesting such dissolution shall be filed with the board of trustees of such district not less than ninety days prior to the holding of any such election. An island library district may also be dissolved pursuant to RCW 27.12.450.

If a rural county library district is dissolved, ((~~the books and other printed matter belonging to it shall go to the state library. All other~~)) all library property, including books and other printed materials, shall be disposed of as the legislative body of the governmental unit shall direct. When an intercounty rural library district is dissolved, the books, funds and other property thereof shall be divided among the participating counties in the most equitable manner possible ((~~as determined by the state librarian, who shall give consideration to~~)) considering such items as the original source of property, the amount of funds raised from each county by the district, and the ability of the counties to make further use of such property or equipment for library purposes. ((~~Printed material which the state librarian finds will not be used by any of the participating counties for further library purposes shall be turned over to the state library.~~))

When an island library district is dissolved pursuant to this section, the books ((~~and~~)), other printed matter belonging to it ((~~shall go to the state library. All~~)), and other library property shall be disposed of as the legislative body of the governmental unit shall direct. When an island library district is dissolved due to the establishment of a county library district, pursuant to RCW 27.12.450, all property, assets, and liabilities of the preexisting island library district within the area included in the county rural library district shall pass to and be assumed by the county rural library district: PROVIDED, That where within any county rural library district heretofore or hereafter organized under the provisions of this chapter a preexisting island library district has incurred a bonded indebtedness which was outstanding at the time of the formation of the county rural library district, the preexisting island library district shall retain its corporate existence insofar as is necessary for the purpose until the bonded indebtedness outstanding against it on and after the effective date of the formation has been paid in full: PROVIDED FURTHER, That a special election may be called by the board of trustees of the county rural library district, to be held at the next general or special election held in the respective counties, for the purpose of affording the voters residing within the area outside of the preexisting island library district an opportunity to assume the obligation of the bonded indebtedness of the preexisting island library district or the question may be submitted to the voters as a separate proposition at the election on the proposal for the formation of the county rural library district.

Sec. 208. RCW 27.12.360 and 1982 c 123 s 13 are each amended to read as follows:

Any city or town with a population of one hundred thousand or less at the time of annexation may become a part of any rural county library district, island library district, or intercounty rural library district lying contiguous thereto by annexation in the following manner: The inclusion of such a city or town may be initiated by the adoption of an ordinance by the legislative authority thereof stating its intent to join the library district and finding that the public interest will be served thereby. Before adoption, the ordinance shall be submitted to the library board of the city or town for its review and recommendations. ((~~If no library board exists in the city or town, the state librarian shall be notified of the proposed ordinance.~~)) If the board of trustees of the library district concurs in the annexation, notification thereof shall be transmitted to the legislative authority or authorities of the counties in which the city or town is situated.

Sec. 209. RCW 27.18.010 and 1982 c 123 s 17 are each amended to read as follows:

As used in this chapter, except where the context otherwise requires:

(1) "Compact" means the interstate library compact.

(2) "Public library agency", with reference to this state, means ((~~the state library and~~)) any county or city library or any regional library, rural county library district library, island library district library, or intercounty rural library district library.

((~~(3) "State library agency", with reference to this state, means the commissioners of the state library.~~))

Sec. 210. RCW 27.18.030 and 1965 ex.s. c 93 s 3 are each amended to read as follows:

The ((~~state~~)) head librarian of The Evergreen State College shall be the compact administrator pursuant to Article X of the compact. ((~~The state librarian shall appoint one or more deputy compact administrators.~~)) Every library agreement made pursuant to Article VI of the compact shall, as a condition precedent to its entry into force, be submitted to the ((~~state~~)) head librarian of The Evergreen State College for his or her recommendations.

Sec. 211. RCW 17.15.040 and 1997 c 357 s 5 are each amended to read as follows:

(1) The interagency integrated pest management coordinating committee is created. The committee is composed of the integrated pest management coordinator from each agency or institution listed under RCW 17.15.020 and the representatives designated under RCW 17.15.030. The coordinator from the department of agriculture shall serve as chair of the committee.

(2) The interagency integrated pest management coordinating committee shall share information among the state agencies and institutions and facilitate interagency coordination.

(3) The interagency integrated pest management coordinating committee shall meet at least two times a year. All meetings of the committee must be open to the public. The committee shall give public notice of each meeting.

(4) By November 30th of each odd-numbered year up to and including November 30th, 2001, the department of agriculture, with the advice of the interagency integrated pest management coordinating committee, shall prepare a report on the progress of integrated pest management programs. The report is to be made available through the ((~~state library~~)) department of agriculture's web site and placed on the legislative alert list.

Sec. 212. RCW 27.12.100 and 1965 c 63 s 1 are each amended to read as follows:

An intercounty rural library district shall be established by joint action of two or more counties proceeding by either of the following alternative methods:

(1) The boards of county commissioners of any two or more counties shall adopt identical resolutions proposing the formation of such a district to include all of the areas outside of incorporated cities or towns in such counties as may be designated in such resolutions. In lieu of such resolutions a petition of like purport signed by ten percent of the registered voters residing outside of incorporated cities or towns of a county, may be filed with the county auditor thereof, and shall have the same effect as a resolution. The proposition for the formation of the district as stated on the petition shall be prepared by the ((~~attorney general~~)) prosecuting attorney's office upon request of the ((~~state library commission~~)) legislative body of the county or counties. Action to initiate the formation of such a district shall become ineffective in any county if corresponding action is not completed within one year thereafter by each other county included in such proposal. The county auditor in each county shall check the validity of the signatures on the petition and shall certify to the board of county commissioners the sufficiency of the signatures. If each petition contains the signatures of ten percent of the registered voters residing outside the incorporated cities and towns of the county, each board of county commissioners shall pass a resolution calling an election for the purpose of submitting the question to the voters and setting the date of said election. When such action has been taken in each of the counties involved, notification shall be made by each board of county commissioners to the board of county commissioners of the county having the largest population according to the last federal census, who shall give proper notification to each county auditor. At the next general or special election held in the respective counties there shall be submitted to the voters in the areas outside of incorporated cities and towns a question as to whether an intercounty rural library district shall be established as outlined in the resolutions or petitions. Notice of said election shall be given the county auditor pursuant to RCW 29.27.080. The county auditor shall provide for the printing of a separate ballot and shall provide for the distribution of ballots to the polling places pursuant to RCW 29.04.020. The county auditor shall instruct the election boards in split precincts. The respective county canvassing boards in each county to be included within the intercounty rural library district shall canvass the votes and certify the results to the county auditor pursuant to chapter 29.62 RCW; the result shall then be certified by each county auditor to the county auditor of the county having the largest population according to the last federal census. If a majority of the electors voting on the proposition in each of the counties affected shall vote in favor of such district it shall thereby become established, and the board of county commissioners of the county having the largest population according to the last federal census shall declare the intercounty rural library district established. If two or more of the counties affected are in an existing intercounty rural library district, then the electors in areas outside incorporated cities and towns in those counties shall vote as a unit and the electors in areas outside incorporated cities and towns in each of the other affected counties shall vote as separate units. If a majority of the electors voting on the proposition in the existing district and a majority of the voters in any of the other affected counties shall vote in favor of an expanded intercounty rural library district it shall thereby become established.

(2) The county commissioners of two or more counties meeting in joint session attended by a majority of the county commissioners of each county may, by majority vote of those present, order the establishment of an intercounty rural library district to include all of the area outside of incorporated cities and towns in as many of the counties represented at such joint meeting as shall be determined by resolution of such joint meeting. If two or more counties are in an existing intercounty rural library district, then a majority vote of all of the commissioners present from those counties voting as a unit, and a majority vote of the commissioners present from any other county shall cause the joint session to order the establishment of an expanded intercounty rural library district. No county, however, shall be included in such district if a majority of its county commissioners vote against its inclusion in such district.

Sec. 213. RCW 27.12.305 and 1972 ex.s. c 90 s 1 are each amended to read as follows:

Any public library((~~, including the state library created pursuant to chapter 27.04 RCW, shall have~~)) has the authority to provide for the sale of library materials developed by the library staff for its use but which are of value to others such as book catalogs, books published by the library, indexes, films, slides, book lists, and similar materials.

The ((~~library commission,~~)) board of library trustees((,)) or other governing authority charged with the direct control of a public library shall determine the prices and quantities of materials to be prepared and offered for sale. Prices shall be limited to the publishing and preparation costs, exclusive of staff salaries and overhead. Any moneys received from the sales of such materials shall be placed in the appropriate library fund.

Nothing in this section shall be construed to authorize any library to charge any resident for a library service nor to authorize any library to sell materials to a branch library or library which is part of a depository library system when such materials may be distributed free of cost to such library nor shall this section be construed to prevent, curtail, or inhibit any free distribution programs or exchange programs between libraries or between libraries and other agencies.

Sec. 214. RCW 28A.410.240 and 2000 c 39 s 203 are each amended to read as follows:

(1) By December 1, 2003, and annually thereafter, the Washington professional educator standards board shall prepare a report that includes the following information:

(a) The range of scores on the basic skills assessment under RCW 28A.410.220(1) for persons who passed the assessment and were admitted to a Washington preparation program; and

(b) The range of scores on the subject assessments under RCW 28A.410.220(2) for persons who passed the assessments and earned an endorsement.

(2) The information under subsection (1) of this section shall be reported for the individual public and private colleges and universities in Washington, as well as reported on an aggregate basis. The report shall also include results disaggregated demographically. The report shall include information on the number and percentage of candidates exempted from assessments, demographic information on candidates exempted, institutions attended and endorsements sought by exempted candidates, and reasons for exclusion from the required assessments. The report shall be made available ((~~through the state library,~~)) on the ((~~website~~)) web site of the office of superintendent of public instruction, and placed on the legislative alert list.

Sec. 215. RCW 28A.650.015 and 1995 c 335 s 507 are each amended to read as follows:

(1) The superintendent of public instruction, to the extent funds are appropriated, shall develop and implement a Washington state K-12 education technology plan. The technology plan shall be updated on at least a biennial basis, shall be developed to coordinate and expand the use of education technology in the common schools of the state. The plan shall be consistent with applicable provisions of chapter 43.105 RCW. The plan, at a minimum, shall address:

(a) The provision of technical assistance to schools and school districts for the planning, implementation, and training of staff in the use of technology in curricular and administrative functions;

(b) The continued development of a network to connect school districts, institutions of higher learning, and other sources of on-line information; and

(2) The superintendent of public instruction shall appoint an educational technology advisory committee to assist in the development and implementation of the technology plan in subsection (1) of this section. The committee shall include, but is not limited to, persons representing: The state board of education, the commission on student learning, the department of information services, educational service districts, school directors, school administrators, school principals, teachers, classified staff, higher education faculty, parents, students, business, labor, scientists and mathematicians, the higher education coordinating board, and the work force training and education coordinating board((~~, and the state library~~)).

Sec. 216. RCW 35.17.170 and 1965 c 7 s 35.17.170 are each amended to read as follows:

The commission shall each month print in pamphlet form a detailed itemized statement of all receipts and expenses of the city and a summary of its proceedings during the preceding month and furnish copies ((~~thereof~~)) to ((~~the state library,~~)) the city library, the newspapers of the city, and to persons who apply therefor at the office of the city clerk. At the end of each year the commission shall cause a complete examination of all the books and accounts of the city to be made by competent accountants and shall publish the result of such examination to be made in the manner above provided for publication of statements of monthly expenditures.

Sec. 217. RCW 40.06.020 and 1977 ex.s. c 232 s 9 are each amended to read as follows:

((There is hereby created as a division of the state library, and under the direction of the state librarian, a state publications distribution center. The center shall utilize the depository library system to permit citizens economical and convenient access to state publications. To this end the state library commission shall make such rules and regulations as may be deemed necessary to carry out the provisions of this chapter)) Every state agency that produces a state publication shall maintain a copy of the publication for use by the public or state employees. An agency may comply with this section by making the state publication available through its web site.

Sec. 218. RCW 40.06.050 and 1963 c 233 s 5 are each amended to read as follows:

((~~The center~~)) Each state agency shall publish and distribute or place on its web site and update regularly a list of available state publications, and may publish and distribute such other descriptive printed matter as will facilitate the distribution of state publications.

Sec. 219. RCW 40.07.030 and 1977 ex.s. c 232 s 3 are each amended to read as follows:

(1) Any annual, biennial, or special report required to be made by any state officer, board, agency, department, commissioner, regents, trustees, or institution to the governor or to the legislature may be typewritten and a copy shall be filed with the governor, or the governor's designee, and the legislature as the law may require. ((~~An additional copy shall be filed with the state library as a public record.~~))

(2) The director or the director's designee may selectively review state publications in order to determine if specific state publications are economically and effectively contributing to the accomplishment of state agency program objectives. The director or the director's designee shall provide general guidelines as to the number of copies to be printed for use or distribution by the issuing agency and any public or other distribution under chapter 40.06 RCW as now or hereafter amended, or other applicable directives.

(3) No agency head shall recommend a state publication for printing and distribution, other than those required by law, unless the benefits from the publication and distribution ((~~thereof~~)) to the citizens and taxpayers of this state clearly exceed the costs of preparation, printing, and distribution.

(4) The director, after consultation with affected agencies, shall prepare and publish guidelines for use by state agencies in determining and evaluating the benefits and costs of current and proposed state publications. All state agencies shall evaluate each new state publication they propose and shall annually evaluate each continuing state publication they produce in accordance with the guidelines published by the director.

(5) The director shall, after consultation with affected state agencies, also provide by general rules and regulations for overall control of the quality of the printing of state publications. Necessary publications are to be prepared and printed in the most economic manner consistent with effectiveness and achievement of program objectives.

Sec. 220. RCW 40.14.080 and 1983 c 3 s 84 are each amended to read as follows:

The provisions of this chapter shall not be construed as repealing or modifying any other acts or parts of acts authorizing the destruction of public records save for those specifically named in section 9 ((~~of this act; nor shall this chapter affect the provisions of chapter 40.07 RCW requiring the deposit of all state publications in the state library~~)), chapter 246, Laws of 1957.

Sec. 221. RCW 40.14.100 and 1971 ex.s. c 102 s 2 are each amended to read as follows:

As used in RCW 40.14.010 and 40.14.100 through 40.14.180, unless the context requires otherwise, "legislative records" shall be defined as correspondence, amendments, reports, and minutes of meetings made by or submitted to legislative committees or subcommittees and transcripts or other records of hearings or supplementary written testimony or data thereof filed with committees or subcommittees in connection with the exercise of legislative or investigatory functions, but does not include the records of an official act of the legislature kept by the secretary of state, bills and their copies, published materials, digests, or multi-copied matter which are routinely retained and otherwise available ((~~at the state library or~~)) in a public repository, or reports or correspondence made or received by or in any way under the personal control of the individual members of the legislature.

Sec. 222. RCW 40.14.180 and 1983 c 3 s 85 are each amended to read as follows:

The provisions of RCW 40.14.010 and 40.14.100 through 40.14.180 shall not be construed as repealing or modifying any other acts or parts of acts authorizing the retention or destruction of public records nor shall RCW 40.14.010 and 40.14.100 through 40.14.180 affect ((~~the provisions of chapter 40.07 RCW requiring the deposit of all state publications in the state library nor shall it affect~~)) the confidentiality of the bill drafting records of the code reviser's office.

Sec. 223. RCW 42.30.110 and 2001 c 216 s 1 are each amended to read as follows:

(1) Nothing contained in this chapter may be construed to prevent a governing body from holding an executive session during a regular or special meeting:

(a) To consider matters affecting national security;

(b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price;

(c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public;

(d) To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs;

(e) To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company;

(f) To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge;

(g) To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public;

(h) To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public;

(i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.

This subsection (1)(i) does not permit a governing body to hold an executive session solely because an attorney representing the agency is present. For purposes of this subsection (1)(i), "potential litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a) concerning:

(A) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party;

(B) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or

(C) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency;

(j) ((To consider, in the case of the state library commission or its advisory bodies, western library network prices, products, equipment, and services, when such discussion would be likely to adversely affect the network's ability to conduct business in a competitive economic climate. However, final action on these matters shall be taken in a meeting open to the public;

~~(k)~~)) To consider, in the case of the state investment board, financial and commercial information when the information relates to the investment of public trust or retirement funds and when public knowledge regarding the discussion would result in loss to such funds or in private loss to the providers of this information.

(2) Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the presiding officer.

Sec. 224. RCW 43.105.290 and 1996 c 171 s 13 are each amended to read as follows:

The ((~~state library, with the assistance of the~~)) department of information services and the state archives((,)) shall establish a pilot project to design and test an electronic information locator system, allowing members of the public to locate and access electronic public records. In designing the system, the following factors shall be considered: (1) Ease of operation by citizens; (2) access through multiple technologies, such as direct dial and toll-free numbers, kiosks, and the internet; (3) compatibility with private on-line services; and (4) capability of expanding the electronic public records included in the system. The pilot project may restrict the type and quality of electronic public records that are included in the system to test the feasibility of making electronic public records and information widely available to the public.

Sec. 225. RCW 43.105.825 and 1999 c 285 s 7 are each amended to read as follows:

(1) In overseeing the technical aspects of the K-20 network, the information services board is not intended to duplicate the statutory responsibilities of the higher education coordinating board, the superintendent of public instruction, the information services board, ((~~the state librarian,~~)) or the governing boards of the institutions of higher education.

(2) The board may not interfere in any curriculum or legally offered programming offered over the network.

(3) The coordination of telecommunications planning for institutions of higher education as defined in RCW 28B.10.016 remains the responsibility of the higher education coordinating board under RCW 28B.80.600. The board may recommend, but not require, revisions to the higher education coordinating board's telecommunications plan.

(4) The responsibility to review and approve standards and common specifications for the network remains the responsibility of the information services board under RCW 43.105.041.

(5) The coordination of telecommunications planning for the common schools remains the responsibility of the superintendent of public instruction. Except as set forth in RCW 43.105.041(1)(d), the board may recommend, but not require, revisions to the superintendent's telecommunications plans.

Sec. 226. RCW 43.126.025 and 1983 c 273 s 2 are each amended to read as follows:

There is hereby created a Washington state board on geographic names composed of:

(1) ((~~The state librarian or a representative;~~

~~(2)~~)) The commissioner of public lands or a representative;

((~~(3)~~)) (2) The chairperson of the Washington state heritage council created by 1983 law; and

((~~(4)~~)) (3) Four members from the general public to be appointed by the commissioner of public lands.

The commissioner of public lands or his or her representative shall be chairman of the board.

The members of the initial board to be appointed by the commissioner shall be appointed as follows: One member for a one-year term, one member for a two-year term, one member for a three-year term, and one member for a four-year term. Thereafter, each member shall be appointed for a three-year term. Each member of the board shall continue in office until a successor is appointed.

Sec. 227. RCW 43.131.051 and 2000 c 189 s 4 are each amended to read as follows:

The joint legislative audit and review committee shall conduct a program and fiscal review of any entity scheduled for termination under this chapter. This program and fiscal review shall be completed and a preliminary report prepared during the calendar year prior to the date established for termination. These reports shall be prepared in the manner set forth in RCW 44.28.071 and 44.28.075. Upon completion of its preliminary report, the joint legislative audit and review committee shall transmit copies of the report to the office of financial management and any affected entity. The final report shall include the response, if any, of the affected entity and the office of financial management in the same manner as set forth in RCW 44.28.088, except the affected entity and the office of financial management shall have sixty days to respond to the report. The joint legislative audit and review committee shall transmit the final report to the legislature, to the state entity affected, and to the governor((~~, and to the state library~~)).

Sec. 228. RCW 43.136.030 and 1982 1st ex.s. c 35 s 41 are each amended to read as follows:

The ((~~legislative budget~~)) joint legislative audit and review committee shall review each tax preference for termination by the processes provided in this chapter. The review shall be completed and a report prepared on or before June 30th of the year prior to the date established for termination. Upon completion of its report, the ((~~legislative budget~~)) joint legislative audit and review committee shall transmit copies of the report to the department of revenue. The department of revenue may then conduct its own review of the tax preference scheduled for termination and shall prepare a report on or before September 30th of the year prior to the date established for termination. Upon completion of its report the department of revenue shall transmit copies of its report to the ((~~legislative budget~~)) joint legislative audit and review committee. The ((~~legislative budget~~)) joint legislative audit and review committee shall prepare a final report that includes the reports of both the department of revenue and the ((~~legislative budget~~)) joint legislative audit and review committee. The ((~~legislative budget~~)) joint legislative audit and review committee and the department of revenue shall, upon request, make available to each other all working papers, studies, and other documents which relate to reports required under this section. The ((~~legislative budget~~)) joint legislative audit and review committee shall transmit the final report to all members of the legislature((,)) and to the governor((~~, and to the state library~~)).

Sec. 229. RCW 63.29.280 and 1983 c 179 s 28 are each amended to read as follows:

If the department determines after investigation that any property delivered under this chapter has insubstantial commercial value, the department may destroy or otherwise dispose of the property at any time. No action or proceeding may be maintained against the state or any officer or against the holder for or on account of any action taken by the department pursuant to this section. Documents which are to be destroyed shall be copied on film and retained for ten years. Original documents which the department has identified to be destroyed and which have legal significance or historical interest may be surrendered to the state historical museum ((~~or to the state library~~)).

Sec. 230. RCW 70.95C.060 and 1988 c 177 s 6 are each amended to read as follows:

(1) The office shall establish a statewide waste reduction hot line with the capacity to refer waste generators and the public to sources of information on specific waste reduction techniques and procedures. The hot line shall coordinate with all other state waste hot lines.

(2) The director shall ((~~work with the state library to~~)) establish a data base system that shall include proven waste reduction techniques and case studies of effective waste reduction. The data base system shall be: (a) Coordinated with all other state agency data bases on waste reduction; (b) administered in conjunction with the statewide waste reduction hot line; and (c) readily accessible to the public.

NEW SECTION. Sec. 231. The following acts or parts of acts are each repealed:

(1) RCW 40.06.030 (Deposits by state agencies--Exemptions) and 1977 ex.s. c 232 s 10 & 1963 c 233 s 3;

(2) RCW 40.06.040 (Inter-library depository contracts) and 1981 c 260 s 8;

(3) RCW 40.06.060 (Agencies to furnish lists to center) and 1963 c 233 s 6;

(4) RCW 40.06.900 (Effective date--1963 c 233) and 1963 c 233 s 8;

(5) RCW 27.04.010 (Library created) and 1999 c 123 s 1 & 1943 c 207 s 1;

(6) RCW 27.04.020 (Library commission) and 1999 c 123 s 2, 1984 c 287 s 58, 1975-'76 2nd ex.s. c 34 s 66, 1967 c 198 s 1, 1963 c 202 s 1, 1961 c 45 s 1, & 1941 c 5 s 1;

(7) RCW 27.04.030 (Duties of commission) and 1999 c 123 s 3, 1987 c 330 s 401, 1986 c 79 s 1, 1984 c 152 s 1, 1943 c 207 s 2, & 1941 c 5 s 2;

(8) RCW 27.04.045 (Duties of state librarian--Lending fees for interlibrary services) and 1999 c 123 s 5, 1996 c 171 s 6, 1989 c 96 s 7, & 1984 c 152 s 2; and

(9) RCW 27.04.055 (Qualifications of librarians--Rules--Fees) and 1999 c 123 s 4.

PART 3

MISCELLANEOUS PROVISIONS

NEW SECTION. Sec. 301. (1) To assure that the state library's document, book, and other printed material collections are appropriately distributed, a task force is created to oversee the dissemination of the library's collection.

(2) The task force shall be comprised of the following members:

(a) The state librarian or his or her designee;

(b) The dean or director of library services for the following universities and college: University of Washington; Washington State University; Eastern Washington University; Western Washington University; Central Washington University; and The Evergreen State College;

(c) Two representatives of community college libraries to be selected by the state board for community and technical colleges;

(d) Four representatives of local public libraries, three to be selected by the association of Washington cities and one to be selected by the Washington state association of counties;

(e) A representative, selected by the secretary or director of each state agency that currently houses a branch of the state library;

(f) The director of financial management or his or her designee;

(g) The director of the department of information services or his or her designee;

(h) The director of the department of general administration or his or her designee;

(i) The director of the department of community, trade, and economic development or his or her designee;

(j) The director of the department of personnel or his or her designee; and

(k) Two representatives from the office of the secretary of state, one of whom shall be the state archivist.

(3) The chair of the task force shall be appointed by the governor.

(4) The state library's books, documents, or other printed materials may only be distributed to public local, state agency, or academic libraries.

(5) Any of the state library's books, documents, or other printed materials not distributed as provided in this section shall be placed in surplus.

(6) In making the decisions regarding the distribution of the state library's collection, the task force shall consider the following principles:

(a) Book, document, or printed material collections shall be distributed as a group whenever possible;

(b) If possible, books, documents, and other printed material on particular topics shall be distributed to state agency libraries whose mission is in keeping with the topics of the collection; and

(c) In the event multiple agencies express interest in a particular collection, consideration shall be given to the agency that has sufficient physical space to house the collection.

(7) The task force shall maintain documentation indicating with which agency the state library's books, documents, and other printed materials have been placed. This documentation shall be published on the web site for the office of financial management.

(8) The task force shall begin its work on April 1, 2002, and complete its work no later than October 31, 2002.

NEW SECTION. Sec. 302. Part headings used in this act are not any part of the law.

NEW SECTION. Sec. 303. Section 227 of this act expires June 30, 2015.

NEW SECTION. Sec. 304. Section 301 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 1, 2002.

NEW SECTION. Sec. 305. Sections 1, 101, 201 through 231, 302, and 303 of this act take effect October 1, 2002.