Z-0402.2  _______________________________________________

                          HOUSE BILL 1234

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Romero, McMorris, Ogden, D. Schmidt and Kenney; by request of Superintendent of Public Instruction and Washington State Library

Read first time 01/19/1999.  Referred to Committee on State Government.

Reorganizing the state library commission.

    AN ACT Relating to the membership and responsibilities of the state library commission; amending RCW 27.04.010, 27.04.020, 27.04.030, and 27.04.045; adding a new section to chapter 27.04 RCW; and repealing RCW 27.04.050, 27.04.100, and 27.04.110.

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

    Sec. 1.  RCW 27.04.010 and 1943 c 207 s 1 are each amended to read as follows:

    There shall be a state library, with a state library commission to serve as the library's governing board, and a state librarian ((as the)) to serve as its chief executive officer ((in charge thereof)).

    Sec. 2.  RCW 27.04.020 and 1984 c 287 s 58 are each amended to read as follows:

(1) A state library commission is ((hereby)) created ((which)) and shall consist of ((the superintendent of public instruction, who shall be ex officio chairman of the commission, and four)) five commissioners appointed by the governor((, one of whom shall be a library trustee at the time of appointment and one a certified librarian actually engaged in library work at the time of appointment)). 

(2) The ((first appointments shall be for terms of one, two, three, and four years respectively, and thereafter one commissioner shall be appointed each year to serve for a four year term)) commission appointment expiring in July 1999 shall thereafter be filled by a certified librarian actually engaged in library work at the time of appointment.  The commission appointment expiring in July 2000 shall thereafter be filled by a member of the general public.  The commission appointment expiring in July 2001 shall thereafter be filled by a representative from the executive or legislative branches of Washington state government.  The commission appointment expiring in July 2002 shall thereafter be filled by a library trustee at the time of appointment.  The position held by the superintendent of public instruction shall be filled by an educator with knowledge in library and information technology policy, with an initial expiration date of 2003.  A full term is five years.  Commissioners may serve up to two consecutive full terms, serving until reappointed or replaced.  Vacancies shall be filled by appointments for the unexpired terms.  An unexpired term of more than two and one-half years is considered a full term for purposes of reappointment.  Former commissioners may be reconsidered for an appointment after the lapse of an additional five years.  The governor may remove a commissioner for cause, in accordance with RCW 43.06.070.  Each commissioner shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses incurred in the actual performance of their duties in accordance with RCW 43.03.050 and 43.03.060.

    Sec. 3.  RCW 27.04.030 and 1987 c 330 s 401 are each amended to read as follows:

    The state library commission:

    (1) May make such rules under chapter 34.05 RCW as may be deemed necessary and proper to carry out the purposes of this chapter;

    (2) Shall set general policy and strategic directions pursuant to the provisions of this chapter;

    (3) Shall monitor agency progress toward its goals and objectives;

(4) Shall exert leadership in the development of information access and library services;

(5) Shall appoint a state librarian who shall serve at the pleasure of the commission.  The commission may delegate such responsibilities and duties to the state librarian as it deems appropriate and shall regularly evaluate the performance of the state librarian;

    (((4))) (6) Shall adopt ((a)) recommended budgets and submit ((it)) them to the governor;

    (((5) Shall have authority to contract with any agency of the state of Washington for the purpose of providing library materials, supplies, and equipment and employing assistants as needed for the development, growth, and operation of any library facilities or services of such agency;

    (6))) (7) Shall have authority to contract with any public library in the state for that library to render library service to the blind and/or physically handicapped throughout the state.  The state library commission shall have authority to compensate such public library for the cost of the service it renders under such contract;

    (((7))) (8) May adopt rules under chapter 34.05 RCW for the allocation of ((any)) grants of state, federal, or private funds ((for library purposes));

    (((8))) (9) Shall have authority to accept and to expend in accordance with the terms thereof ((any)) grants of federal, state, local, or private funds ((which may become available to the state for library purposes)).  For the purpose of qualifying to receive such grants, the state library commission is authorized to make ((such)) applications and reports ((as may be)) required by the ((federal government or appropriate private entity as a condition thereto)) grantor;

    (((9) Shall have the authority to provide for the sale of library material in accordance with RCW 27.12.305;)) and

    (10) ((Shall have authority to establish rules and regulations for, and prescribe and hold examinations to test, the qualifications of those seeking certificates as librarians.

    (a) The commission shall grant librarians' certificates without examination to applicants who are graduates of library schools accredited by the American library association for general library training, and shall grant certificates to other applicants when it has satisfied itself by examination that the applicant has attainments and abilities equivalent to those of a library school graduate and is qualified to carry on library work ably and efficiently.

    (b) The commission shall require a fee of not less than one dollar nor greater than that required to recover the costs associated with the application to be paid by each applicant for a librarian's certificate.  Money paid as fees shall be deposited with the state treasurer.

    (c) A library serving a community having over four thousand population shall not have in its employ, in the position of librarian or in any other full-time professional library position, a person who does not hold a librarian's certificate issued by the commission or its predecessor.

    (d) A full-time professional library position, as intended by this subsection, is one that requires, in the opinion of the commission, a knowledge of books and of library technique equivalent to that required for graduation from an accredited library school.

    (e) The provisions of this subsection apply to every library serving a community having over four thousand population and to every library operated by the state or under its authority, including libraries of institutions of higher learning:  PROVIDED, That nothing in this subsection applies to the state law library or to county law libraries)) Shall establish content-related standards for common formats and agency indexes for state agency-produced information.  In developing these standards, the commission is encouraged to seek involvement of, and comments from, public and private entities with an interest in such standards.

NEW SECTION. Sec. 4.  A new section is added to chapter 27.04 RCW to read as follows:

    No library serving a community having over four thousand population, nor any library operated by the state or under its authority, may have in its employ, in the position of librarian or in any other full-time professional library position, a person who does not hold a librarian's certificate issued by the commission or its predecessor.  A full-time professional library position, is one that requires, in the opinion of the commission, a knowledge of information resources and library/information service delivery equivalent to that required for graduation from an accredited library education program.  This section does not apply to the state law library or to county law libraries.  The state library commission shall:

    (1) Establish rules for, and prescribe and hold examinations to test, the qualifications of those seeking certificates as librarians;

    (2) Grant librarians' certificates without examination to applicants who are graduates of library schools programs accredited or otherwise officially recognized by the American library association for general library training, and grant certificates to other applicants when it has satisfied itself by examination that the applicant has attainments and abilities equivalent to those of a graduate of a library school program accredited or otherwise officially recognized by the American library association; and

    (3) Charge a fee to recover the costs associated with the application to be paid by each applicant for a librarian's certificate.  Money paid as fees shall be retained by the state library as a recovery of costs.

    Sec. 5.  RCW 27.04.045 and 1996 c 171 s 6 are each amended to read as follows:

    The state ((library commission)) librarian shall be responsible and accountable for the following functions:

    (1) Advising the commission and implementing policies, directions, and delegated authority set by the commission;

(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 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;

    (((2) Acquiring and making available information, publications, and source materials that pertain to the history of the state;

    (3))) (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;

    (((4))) (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;

    (((5) Establishing content-related standards for common formats and agency indexes for state agency produced information.  In developing these standards, the commission is encouraged to include the state archives, the department of information services, and public and academic libraries;

    (6))) (10) Collecting and distributing copies of state publications ((by ensuring that:

    (a) The state library collects and makes available as part of its collection copies of any state publication)), as defined in RCW 40.06.010, prepared by any state agency ((whenever fifteen or more copies are prepared)) for distribution.  The state library shall maintain the state publications distribution center, as provided in chapter 40.06 RCW.  The state library commission, on recommendation of the state librarian, may provide by rule for deposit with the state library of up to three copies of ((such)) each publication;(( and

    (b) The state library maintains a division to serve as state publications distribution center, as provided in chapter 40.06 RCW;

    (7))) (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;

    (((8))) (13) Providing for library and information service to residents and staff of state-supported residential institutions;

    (((9))) (14) Providing for library and information services to persons throughout the state who are blind and/or physically handicapped;

    (((10))) (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;

    (((11))) (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; and

    (((12))) (17) Serving as ((a primary)) an interlibrary loan, information, reference, and referral ((center)) resource for all libraries in the state((;

    (13) Assisting in the provision of direct library and information services to individuals;

    (14) Overseeing of the Washington library network in accordance with chapters 27.26 and 43.105 RCW.  This subsection shall expire on June 30, 1997)).  The state library may charge lending fees to other libraries who charge the state library for similar services.  Money paid as fees shall be retained by the state library as a recovery of costs.

NEW SECTION. Sec. 6.  The following acts or parts of acts are each repealed:

(1) RCW 27.04.050 and 1984 c 152 s 3 & 1943 c 207 s 3;

(2) RCW 27.04.100 and 1990 c 68 s 1; and

(3) RCW 27.04.110 and 1998 c 245 s 10, 1991 c 91 s 1, & 1990 c 290 s 2.

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