S-2361               _______________________________________________

 

                                         SUBSTITUTE SENATE BILL NO. 3047

                        _______________________________________________

 

                                                                            C 021 L 85

 

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senate Committee on Governmental Operations (originally sponsored by Senators McDermott and Zimmerman; by Legislative Budget Committee request)

 

 

Read first time 3/8/85.

 

 


AN ACT Relating to a state library network; amending RCW 27.26.010, 27.26.020, 43.105.100, 43.105.110, 43.105.120, 43.105.130, 43.131.289, and 43.131.290; adding new sections to chapter 43.105 RCW; providing an effective date; and declaring an emergency.

 

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

 

        Sec. 1.  Section 2, chapter 31, Laws of 1975-'76 2nd ex. sess. and RCW 27.26.010 are each amended to read as follows:

          As used in this chapter, unless otherwise required by the context, the following definitions shall apply:

          (1) "((Washington)) Western library network computer system" means the communication facilities, computers, and peripheral computer devices supporting the automated library system developed by the state of Washington;

          (2) "Network" means the ((Washington)) western library network which is an organization of autonomous, geographically dispersed participants using the ((Washington)) western library network computer system, telecommunications systems, interlibrary systems, and reference and referral systems;

          (3) "Resources" are library materials which include but are not limited to print, nonprint (e.g., audiovisual, realia, etc.), and microform formats; network resources such as software, hardware, and equipment; electronic and magnetic records; data bases; communication technology; facilities; and human expertise;

          (4) "Telecommunications" includes any point to point transmission, emission, or reception of signs, signals, writing, images, and sounds or intelligence of any nature by wire, radio, microwave radio, optical, or other electromagnetic system, including any intervening processing and storage serving a point to point system;

          (5) "Interlibrary loan system" means the accepted procedures among libraries by which library materials are made available in some format to users of another library;

          (6) "Reference and referral system" pertains to procedures among libraries whereby subject or fact-oriented queries may be referred to another institution when the answering resource or subject expertise is unavailable in the institution originally queried.

 

        Sec. 2.  Section 1, chapter 31, Laws of 1975-'76 2nd ex. sess. and RCW 27.26.020 are each amended to read as follows:

          There is hereby established the ((Washington)) western library network, hereinafter called the network, which shall consist of the ((Washington)) western library network computer system, telecommunications systems, interlibrary systems, and reference and referral systems.

          Responsibility for the network shall reside with the Washington state library commission, except for certain automated data processing components as provided for and defined in chapter 43.105 RCW:  PROVIDED, That all components, systems and programs operated pursuant to this section shall be approved by the data processing authority created pursuant to chapter 43.105 RCW.  The commission shall adopt and promulgate policies, rules, and regulations consistent with the purposes and provisions of this chapter pursuant to chapter 34.04 RCW, the administrative procedure act, except that nothing in this chapter shall abrogate the authority of a participating library, institution, or organization to establish its own policies for collection development and use of its library resources.

 

        Sec. 3.  Section 1, chapter 110, Laws of 1975-'76 2nd ex. sess. and RCW 43.105.100 are each amended to read as follows:

          As used in RCW 43.105.110 through 43.105.130 "((Washington)) western library network computer system" means the communication facilities, computers, and peripheral computer devices supporting the automated library system developed by the state of Washington.

 

        Sec. 4.  Section 2, chapter 110, Laws of 1975-'76 2nd ex. sess. and RCW 43.105.110 are each amended to read as follows:

          There is hereby created a fund within the state treasury to be known as the "((Washington)) western library network computer system revolving fund" referred to in RCW 43.105.120 as "fund".

 

        Sec. 5.  Section 3, chapter 110, Laws of 1975-'76 2nd ex. sess. and RCW 43.105.120 are each amended to read as follows:

          The fund shall be credited with all receipts from the rental, sale, or distribution of supplies, equipment, computer software, products, and services rendered to users and licensees of the ((Washington)) western library network computer system.  All gifts, grants, donations, and other moneys received by the network shall be deposited in the fund.   All expenditures from the fund shall be authorized by law.

 

        Sec. 6.  Section 4, chapter 110, Laws of 1975-'76 2nd ex. sess. and RCW 43.105.130 are each amended to read as follows:

          The data processing authority and the state library commission shall develop jointly a schedule of user fees for users of the ((Washington)) western library network computer system and a schedule of charges for the network's products and licenses for the purpose of distributing and apportioning to such users, ((by the 1979-81 biennium,)) buyers, and licensees the full cost of operation and continued development of data processing and data communication services related to the network.  Such schedule shall generate sufficient revenue to cover the costs((, by the 1979-81 biennium,)) relating to the library network of:

          (1) The acquisition of data processing and data communication services, supplies, and equipment handled or rented by the data processing authority or under its authority by any other state data processing service center designee; ((and))

          (2) The payment of salaries, wages, and other costs including but not limited to the acquisition, operation, and administration of acquired data processing services, supplies, and equipment; and

          (3) The promotion of network products and services.

          As used in this section, the term "supplies" shall not be interpreted to delegate or abrogate the ((division of purchasing's)) state purchasing and material control director's responsibilities and authority to purchase supplies as provided for in chapter 43.19 RCW.

 

          NEW SECTION.  Sec. 7.  A new section is added to chapter 43.105 RCW to read as follows:

          The western library network may incur reasonable expenses directly related to the promotion of network products and services, including travel expenses, promotional publications, and exhibits.

 

          NEW SECTION.  Sec. 8.  A new section is added to chapter 43.105 RCW to read as follows:

          The western library network may enter into contracts with public or private vendors for a portion or portions of the promotion of the network when cost-effective or otherwise in the best interest of the users and may provide for the issuance of licenses for network software.

 

        Sec. 9.  Section 18, chapter 197, Laws of 1983 and RCW 43.131.289 are each amended to read as follows:

          The ((Washington)) western library network under chapter 27.26 RCW shall be terminated on June 30, ((1985)) 1987, as provided in RCW 43.131.290.

 

        Sec. 10.  Section 44, chapter 197, Laws of 1983 and RCW 43.131.290 are each amended to read as follows:

          The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((1986)) 1988:

          (1) Section 2, chapter 31, Laws of 1975-'76 2nd ex. sess. and RCW 27.26.010; and

          (2) Section 1, chapter 31, Laws of 1975-'76 2nd ex. sess. and RCW 27.26.020.

 

          NEW SECTION.  Sec. 11.    This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1985.