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.
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."
