AN ACT
Relating to state court reports; and amending RCW 2.32.160, 2.32.170,
40.04.030, 40.04.100, and 40.04.110.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
2.32.160 and 1984 c 287 s 7 are each amended to read as follows:
There
is hereby created a commission ((to supervise)) advisory to the
supreme court regarding the publication of the decisions of the supreme
court and court of appeals of this state in both the form of advance sheets for
temporary use and in permanent form, to be known as the commission on supreme
court reports, and to ((consist of six members, as follows: The)) include
the reporter of decisions, the state law librarian, and such other members,
including a judge of the court of appeals and a member in good standing of the
Washington state bar association, as determined by the chief justice of the
supreme court, who shall be chairman of the commission((, the reporter of
decisions of the supreme court, the state law librarian, a judge of the court
of appeals designated by the chief judges, the public printer, and a
representative of the Washington state bar who shall be appointed by the
president thereof)). Members of the commission shall serve as such without
additional or any compensation: PROVIDED, That members shall be compensated in
accordance with RCW 43.03.240.
Sec.
2. RCW
2.32.170 and 1943 c 185 s 2 are each amended to read as follows:
The
commission ((is authorized and directed, from time to time: To determine
all matters whatsoever,)) shall make recommendations to the supreme
court on matters pertaining to the publication (((which is defined as
including printing, binding, sale and distribution))) of such decisions, in
both ((such)) temporary and permanent forms((, including the making
of all specifications for material, workmanship, binding, size, number of pages,
contents, and arrangement thereof, frequency of publication, and all other
matters, whether similar to the foregoing or not, that relate to such
publication: PROVIDED, That the specifications shall require that the type to
be used shall not be smaller than eleven point on a thirteen point slug; to
establish a uniform price at which such decisions, in temporary and permanent
form, either separately or together, shall be sold to any purchaser, public or
private, including the state, its departments, subdivisions, institutions, and
agencies; to establish said price at the amount which is, as nearly as may be,
equal to the cost of such publication and the expenses incidental thereto,
which price, if it is deemed necessary and proper by the commission in the
light of substantially changed costs and expenses, may be adjusted annually,
and in no event oftener than semiannually; to enter, in the name of the
commission, into any and all contracts with any persons, firms, and
corporations, deemed by the commission necessary and proper to carry into
effect the foregoing powers, with authority to include all such terms and
conditions as the commission in its discretion shall deem fit; to modify or
terminate, with the consent of the other party thereto, any contract existing
on June 9, 1943 for the publication of such decisions)). The commission
shall by July 1, 1997, develop a policy that ensures that if any material
prepared pursuant to RCW 2.32.110 is licensed for resale, the material is made
available for licensing to all commercial resellers on an equal and
non-exclusive basis.
Sec.
3. RCW
40.04.030 and 1971 c 42 s 2 are each amended to read as follows:
The
state law librarian shall receive from the public printer, whose duty it shall
be to deliver to him or her, all bound volumes of the session laws, and
the house and senate journals as the same are published. ((He shall also
receive from the publisher of the supreme court reports and the court of
appeals reports of the state of Washington such copies as are purchased by the
supreme court for the use of the state.))
Sec.
4. RCW
40.04.100 and 1991 c 363 s 113 are each amended to read as follows:
The
supreme court reports and the court of appeals reports shall be distributed by
the ((state law librarian)) reporter of decisions as follows:
(1)
Each supreme court justice and court of appeals judge is entitled to receive
one copy of each volume containing an opinion signed by him or her.
(2)
The state law ((librarian)) library shall ((retain)) receive
such copies as are necessary of each for the benefit of the state law library,
the supreme court and its subsidiary offices; and the court of appeals and its
subsidiary offices((; he or she shall provide one copy each for the official
use of the attorney general and for each assistant attorney general maintaining
his or her office in the attorney general's suite; three copies for the office
of prosecuting attorney, in each county with a population of two hundred ten
thousand or more; two copies for such office in each county with a population
of from one hundred twenty-five thousand to less than two hundred ten thousand,
and one copy for each other prosecuting attorney; one for each United States
district court room and every superior court room in this state if regularly
used by a judge of such courts; one copy for the use of each state department
maintaining a separate office at the state capitol; one copy to the office of
financial management, and one copy to the division of inheritance tax and
escheats; one copy each to the United States supreme court, to the United
States district attorney's offices at Seattle and Spokane, to the office of the
United States attorney general, the library of the circuit court of appeals of
the ninth circuit, the Seattle public library, the Tacoma public library, the
Spokane public library, the University of Washington library, and the
Washington State University library; three copies to the Library of Congress;
and, for educational purposes, twelve copies to the University of Washington
law library, two copies to the University of Puget Sound law library, and two
copies to the Gonzaga University law school library and to such other
accredited law school libraries as are hereafter established in this state; six
copies to the King county law library; and one copy to each county law library
organized pursuant to law in each county with a population of forty thousand or
more)).
(3)
The ((state law librarian is likewise authorized)) reporter shall
provide one copy of each volume to each county for use in the county law
library and one copy of the same to each accredited law school established in
the state.
(4)
The reporter shall likewise provide the state law library with such copies of
volumes as necessary to exchange copies of the supreme court reports and
the court of appeals reports for similar reports of other states, territories,
and((/or)) governments((, or for other legal materials, and to make
such other and further distribution as in his or her judgment seems proper)).
Sec.
5. RCW
40.04.110 and 1971 c 42 s 4 are each amended to read as follows:
On
the publication of each volume of reports the ((supreme court must purchase
for the use of the state, from the)) publisher to whom the contract is
awarded((, three hundred)) shall provide to the reporter the number
of copies of each volume of supreme court and court of appeals reports((,
and such additional copies as the court may deem to be)) necessary((, at
the price named in the contract, and deliver the same to the law librarian of))
for the reporter and the state law library((, who shall distribute
same as required by the provisions of)) to comply with RCW 40.04.100.
