CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 5724

 

                   Chapter 257, Laws of 1995

 

                         (partial veto)

 

                        54th Legislature

                      1995 Regular Session

 

 

                      STATE COURT REPORTS

 

 

                    EFFECTIVE DATE:  7/23/95

Passed by the Senate April 19, 1995

  YEAS 48   NAYS 0

 

 

 

JOEL PRITCHARD

President of the Senate

 

Passed by the House April 5, 1995

  YEAS 95   NAYS 0

             CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5724 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

  CLYDE BALLARD

Speaker of the

      House of Representatives

MARTY BROWN

                            Secretary

 

 

Approved May 5, 1995, with the exception of section 3, which is vetoed. Place Style On Codes above, and Style Off Codes below.

                                FILED          

 

 

             May 5, 1995 - 10:27 a.m.

 

 

 

    MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE SENATE BILL 5724

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 1995 Regular Session

 

State of Washington      54th Legislature     1995 Regular Session

 

By Senate Committee on Law & Justice (originally sponsored by Senators Quigley, Long and Haugen; by request of State Law Library)

 

Read first time 02/28/95.

 

Simplifying publication and distribution of court reports.



    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.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

    *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. 3 was vetoed.  See message at end of chapter.

 

    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.


    Passed the Senate April 19, 1995.

    Passed the House April 5, 1995.

Approved by the Governor May 5, 1995, with the exception of certain items which were vetoed.

    Filed in Office of Secretary of State May 5, 1995.


 

    Note: Governor's explanation of partial veto is as follows:

 

    "I am returning herewith, without my approval as to section 3, Substitute Senate Bill No. 5724 entitled:

 

"AN ACT Relating to state court reports;"

 

    This bill reorganizes the Commission on Supreme Court Reports and shifts certain duties between the State Law Librarian and the Supreme Court Reporter.  This will assist the Commission in becoming self-funded and has my full support.

 

    However, section 3 presents an irreconcilable double amendment to RCW 40.04.030 with Substitute Senate Bill No. 5067 which has already been signed into law.  Section 1 of Substitute Senate Bill No. 5067 makes various changes in the delivery of session laws and house and senate journals.  Section 3 of Substitute Senate Bill No. 5724 makes no such substantive changes but deletes language amended by section 1 of Substitute Senate Bill No. 5067 requiring the publisher of the supreme court and court of appeals reports to deliver copies to the state law librarian.

 

    Vetoing section 3 will avoid unnecessary confusion in the implementation of these measures.

 

    For this reason, I am vetoing section 3 of Substitute Senate Bill No. 5724.

 

    With the exception of section 3, Substitute Senate Bill No. 5724 is approved."