BILL REQ. #:  H-3386.1 

Read first time 01/13/12.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to transferring the state library from the office of the secretary of state to the University of Washington; amending RCW 27.04.010, 27.04.045, 40.06.020, 40.06.030, and 40.06.040; adding a new section to chapter 27.04 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   To maximize the benefits to the public, state government should be operated in an efficient and effective manner. The purpose of this act is to transfer the state library and its responsibilities from the office of the secretary of state to the University of Washington, which already operates numerous university libraries in the state and offers a master of library and information science program. This transfer will provide centralized leadership in efficiently and cost-effectively managing state library resources and has the potential to offer educational opportunities to students in the master of library and information science program.

Sec. 2   RCW 27.04.010 and 2002 c 342 s 2 are each amended to read as follows:
     (1) There shall be a state library within the ((office of the secretary of state)) University of Washington, and a state librarian to serve as its chief executive officer.
     (2) The ((secretary of state)) University of Washington board of regents may make such rules under chapter 34.05 RCW as necessary and proper to carry out the purposes of this chapter.
     (3) The ((secretary of state)) University of Washington board of regents shall appoint a state librarian who shall serve at the pleasure of the ((secretary of state)) board of regents.

Sec. 3   RCW 27.04.045 and 2006 c 199 s 2 are each amended to read as follows:
     The state librarian shall be responsible and accountable for the following functions:
     (1) Establishing content-related standards for common formats and agency indexes for state agency-produced information. In developing these standards, the state librarian is encouraged to seek involvement of, and comments from, public and private entities with an interest in such standards;
     (2) Managing and administering the state library;
     (3) Exerting leadership in information access and the development of library services;
     (4) Acquiring library materials, equipment, and supplies by purchase, exchange, gift, or otherwise; and, as appropriate, assisting the legislature, other state agencies, and other libraries in the cost-effective purchase of information resources;
     (5) Employing and terminating personnel in accordance with chapter 41.06 RCW as may be necessary to implement the purposes of this chapter;
     (6) Entering into agreements with other public or private entities as a means of implementing the mission, goals, and objectives of the state library and the entity with which it enters such agreements. In agreements for services between the library and other state agencies, the library may negotiate an exchange of services in lieu of monetary reimbursement for the library's indirect or overhead costs, when such an arrangement facilitates the delivery of library services;
     (7) Maintaining ((a library)) access at the state capitol grounds to effectively provide library and information services to members of the legislature, state officials, and state employees in connection with their official duties;
     (8) Serving as the depository for newspapers published in the state of Washington thus providing a central location for a valuable historical record for scholarly, personal, and commercial reference and circulation;
     (9) Promoting and facilitating electronic access to public information and services, including providing, or providing for, a service that identifies, describes, and provides location information for government information through electronic means, and that assists government agencies in making their information more readily available to the public;
     (10) Collecting and distributing copies of state publications, as defined in RCW 40.06.010, prepared by any state agency for distribution. The state library shall maintain the state publications distribution center, as provided in chapter 40.06 RCW to provide copies of materials that are not available in electronic format to state depository libraries;
     (11) Providing for the sale of library material in accordance with RCW 27.12.305;
     (12) Providing advisory services to state agencies regarding their information needs;
     (13) Providing for library and information service to residents and staff of state-supported residential institutions;
     (14) Providing for library and information services to persons throughout the state who are blind and/or ((physically handicapped)) have a physical disability;
     (15) Assisting individuals and groups such as libraries, library boards, governing bodies, and citizens throughout the state toward the establishment and development of library services;
     (16) Making studies and surveys of library needs in order to provide, expand, enlarge, and otherwise improve access to library facilities and services throughout the state;
     (17) Serving as an interlibrary loan, information, reference, and referral resource for all libraries in the state. The state library may charge lending fees to other libraries that charge the state library for similar services. Money paid as fees shall be retained by the state library as a recovery of costs; and
     (18) Accepting and expending in accordance with the terms thereof grants of federal, state, local, or private funds. For the purpose of qualifying to receive such grants, the state librarian is authorized to make applications and reports required by the grantor.

Sec. 4   RCW 40.06.020 and 2006 c 199 s 4 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, regardless of format. To this end the ((secretary of state)) University of Washington board of regents shall make such rules as may be deemed necessary to carry out the provisions of this chapter.

Sec. 5   RCW 40.06.030 and 2011 1st sp.s. c 43 s 304 are each amended to read as follows:
     (1) Every state agency shall promptly submit to the state library copies of published information that are state publications.
     (a) For state publications available only in print format, each state agency shall deposit, at a minimum, two copies of each of its publications with the state library. For the purposes of broad public access, state agencies may deposit additional copies with the state library for distribution to additional depository libraries.
     (b) For state publications available only in electronic format, each state agency shall deposit one copy of each of its publications with the state library.
     (c) For state publications available in both print and electronic format, each state agency shall deposit two print copies and one electronic copy of the publication with the state library.
     (2) Annually, each state agency shall provide the state library with a listing of all its publications made available to state government and the public during the preceding year, including those published in electronic form. The ((secretary of state)) University of Washington board of regents shall, by rule, establish the annual date by which state agencies must provide the list of its publications to the state library.
     (3) In the interest of economy and efficiency, the state librarian may specifically or by general rule exempt a given state publication or class of publications from the requirements of this section in full or in part.

Sec. 6   RCW 40.06.040 and 2006 c 199 s 6 are each amended to read as follows:
     (1) To provide economical public access to state publications, the center may enter into depository contracts with any free public library, The Evergreen State College, regional university, or state university library, or, if needed, the library of any privately incorporated college or university in this state. The requirements for eligibility to contract as a depository library shall be established by the ((secretary of state)) University of Washington board of regents upon recommendations of the state librarian. The standards shall include and take into consideration the type of library, available housing and space for the publications, the number and qualifications of personnel, and availability for public use. The center may also contract with public, out-of-state libraries for the exchange of state and other publications on a reciprocal basis. Any state publication to be distributed to the public and the legislature shall be mailed at the lowest available postal rate.
     (2) The ((office of the secretary of state)) University of Washington through the state librarian shall preserve and make accessible state agency electronic publications deposited with the state library through an electronic repository.

NEW SECTION.  Sec. 7   A new section is added to chapter 27.04 RCW to read as follows:
     (1) All powers, duties, and functions of the office of the secretary of state pertaining to the state library are transferred to the University of Washington. All references to the state library commission, or to the secretary of state or the office of the secretary of state pertaining to the powers, functions, and duties transferred, shall be construed to mean the state library within the University of Washington.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the office of the secretary of state pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the state library within the University of Washington. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the office of the secretary of state in carrying out the powers, functions, and duties transferred shall be made available to the state library within the University of Washington. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the state library within the University of Washington.
     (b) Any appropriations made to the office of the secretary of state for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the state library within the University of Washington.
     (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 employees of the office of the secretary of state engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the University of Washington. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the University of Washington to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the office of the secretary of state pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the University of Washington. All existing contracts and obligations shall remain in full force and shall be performed by the University of Washington.
     (5) The transfer of the powers, duties, functions, and personnel of the office of the secretary of state shall not affect the validity of any act performed before the effective date of this section.
     (6) 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.

NEW SECTION.  Sec. 8   This act takes effect July 1, 2012.