BILL REQ. #:  H-1051.1 



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HOUSE BILL 1847
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State of Washington59th Legislature2005 Regular Session

By Representatives Haigh, McDermott, Jarrett, Miloscia, Nixon, Green, Wallace and Hunt

Read first time 02/08/2005.   Referred to Committee on State Government Operations & Accountability.



     AN ACT Relating to the statute law committee; amending RCW 44.04.260, 1.08.011, 1.08.013, 1.08.015, 1.08.027, 1.08.038, 1.08.039, 1.08.0392, 1.08.060, and 1.08.110; adding new sections to chapter 1.08 RCW; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 1.08 RCW to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Administrative committee" means the administrative committee of the office of the code reviser established in section 2 of this act.
     (2) "Code reviser" means the code reviser employed by the administrative committee under RCW 1.08.011.
     (3) "Committee" means the statute law committee established under RCW 1.08.001.

NEW SECTION.  Sec. 2   A new section is added to chapter 1.08 RCW to read as follows:
     (1) The administrative committee is created to oversee the office of the code reviser. The administrative committee consists of four members appointed as follows:
     (a) The secretary of the senate and another senate staff person appointed by and serving at the pleasure of the secretary; and
     (b) The chief clerk of the house of representatives and another house of representatives staff person appointed by and serving at the pleasure of the chief clerk.
     (2) The code reviser serves as the secretary of the administrative committee.

Sec. 3   RCW 44.04.260 and 2003 c 295 s 12 are each amended to read as follows:
     The joint legislative audit and review committee, the legislative transportation committee, the select committee on pension policy, the legislative evaluation and accountability program committee, the office of the code reviser, and the joint legislative systems committee are subject to such operational policies, procedures, and oversight as are deemed necessary by the facilities and operations committee of the senate and the executive rules committee of the house of representatives to ensure operational adequacy of the agencies of the legislative branch. As used in this section, "operational policies, procedures, and oversight" includes the development process of biennial budgets, contracting procedures, personnel policies, and compensation plans, selection of a chief administrator, facilities, and expenditures. This section does not grant oversight authority to the facilities and operations committee of the senate over any standing committee of the house of representatives or oversight authority to the executive rules committee of the house of representatives over any standing committee of the senate.

NEW SECTION.  Sec. 4   A new section is added to chapter 1.08 RCW to read as follows:
     The administration of the office of the code reviser is subject to RCW 44.04.260.

Sec. 5   RCW 1.08.011 and 1951 c 157 s 5 are each amended to read as follows:
     ((The committee shall, as soon as practicable after April 1, 1951, employ on behalf of the state, and from time to time fix the compensation of a competent code reviser, with power to terminate any such employment at any time, subject to contract rights. The committee shall also employ on behalf of the state and fix the compensation of such additional legal and clerical assistance to the code reviser as may reasonably be required under this chapter. The committee shall have general supervision and control over the functions and performance of the reviser.)) The administrative committee employs the code reviser and has general administrative oversight over the functions and performance of the office of the code reviser. The code reviser serves at the pleasure of the administrative committee, which determines the code reviser's salary. The administrative committee may also authorize the code reviser to employ and fix the compensation of such additional legal and clerical assistance to the code reviser as may reasonably be required under this chapter.

Sec. 6   RCW 1.08.013 and 1951 c 157 s 6 are each amended to read as follows:
     ((Code reviser shall mean any lawyer or law publisher employing competent lawyers, each deemed by the committee to be qualified to)) The office of the code reviser is created as a state agency within the legislative branch. The executive head of the office is the code reviser, who must be a lawyer deemed qualified by the administrative committee to compile the statutory law of the state of Washington as enacted by the legislature into a code or compilation of laws by title, chapter, and section, without substantive change or alteration of purpose or intent.

Sec. 7   RCW 1.08.015 and 1961 c 246 s 1 are each amended to read as follows:
     ((Subject to such general policies as may be promulgated by the committee and to the general supervision of the)) In consultation with the statute law committee, the code reviser shall:
     (1) Codify for consolidation into the Revised Code of Washington all laws of a general and permanent nature heretofore or hereafter enacted by the legislature, and assign permanent numbers as provided by law to all new titles, chapters, and sections so added to the revised code.
     (2) Edit and revise such laws for such consolidation, to the extent deemed necessary or desirable by the reviser and without changing the meaning of any such law, in the following respects only:
     (a) Make capitalization uniform with that followed generally in the revised code.
     (b) Make chapter or section division and subdivision designations uniform with that followed in the revised code.
     (c) Substitute for the term "this act," where necessary, the term "section," "part," "code," "chapter," or "title," or reference to specific section or chapter numbers, as the case may require.
     (d) Substitute for reference to a section of an "act," the proper code section number reference.
     (e) Substitute for "as provided in the preceding section" and other phrases of similar import, the proper code section number references.
     (f) Substitute the proper calendar date for "effective date of this act," "date of passage of this act," and other phrases of similar import.
     (g) Strike out figures where merely a repetition of written words, and substitute, where deemed advisable for uniformity, written words for figures.
     (h) Rearrange any misplaced statutory material, incorporate any omitted statutory material as well as correct manifest errors in spelling, and manifest clerical or typographical errors, or errors by way of additions or omissions.
     (i) Correct manifest errors in references, by chapter or section number, to other laws.
     (j) Correct manifest errors or omissions in numbering or renumbering sections of the revised code.
     (k) Divide long sections into two or more sections, and rearrange the order of sections to conform to such logical arrangement of subject matter as may most generally be followed in the revised code when to do so will not change the meaning or effect of such sections.
     (l) Change the wording of section captions, if any, and provide captions to new chapters and sections.
     (m) Strike provisions manifestly obsolete.
     (3) Create new code titles, chapters, and sections of the Revised Code of Washington, or otherwise revise the title, chapter, and sectional organization of the code, all as may be required from time to time, to effectuate the orderly and logical arrangement of the statutes. Such new titles, chapters, and sections, and organizational revisions, shall have the same force and effect as the ninety-one titles originally enacted and designated as the "Revised Code of Washington" pursuant to the code adoption acts codified in chapter 1.04 RCW.

Sec. 8   RCW 1.08.027 and 1953 c 257 s 6 are each amended to read as follows:
     Subject to the oversight of the administrative committee, the code reviser shall be in charge of and shall at all times maintain an expert bill drafting service for the use and benefit of the legislature, its committees and its members. Prior to any session thereof, the legislature shall provide quarters convenient to both houses and shall augment the reviser's staff with such additional legal and clerical assistance as may be needed to carry out the bill drafting functions of the legislature and pay the cost of such additional staff. Such services shall be confidential and nonpartisan and no member of the bill drafting staff shall advocate for or against any legislative measure.

Sec. 9   RCW 1.08.038 and 1955 c 235 s 7 are each amended to read as follows:
     The ((statute law committee)) office of the code reviser shall publish, sell and distribute, and arrange for the publication, sale and distribution of the Revised Code of Washington and of supplements thereto and of such other materials as in ((their)) his or her discretion may be incorporated in or appended to the code. ((They)) The code reviser may republish, reprint, or authorize the republishing or reprinting of the code or any portion thereof.

Sec. 10   RCW 1.08.039 and 1955 c 235 s 8 are each amended to read as follows:
     ((The committee)) Subject to the oversight of the administrative committee, the code reviser may enter into contracts or otherwise arrange for the publication and/or distribution, provided for in RCW 1.08.038, with or without calling for bids, by the public printer or by private printer, upon specifications formulated under the authority of RCW 1.08.037, and upon such basis as the ((committee)) code reviser deems to be most expeditious and economical. Any such contract may be upon such terms as the ((committee)) code reviser deems to be most advantageous to the state and to potential purchasers of such publications. The ((committee)) code reviser shall fix terms and prices for such publications.

Sec. 11   RCW 1.08.0392 and 1961 c 246 s 2 are each amended to read as follows:
     For the purposes of financing the production and sale of such of its publications as in the judgment of the ((statute law committee)) code reviser may be advantageously financed by the use of revolving fund moneys, there is hereby created, and the ((committee)) code reviser is authorized to maintain, a revolving fund to be known as ((statute law committee)) the office of the code reviser publications account. None of the provisions of RCW 43.01.050 shall be applicable to ((said)) this fund nor to any moneys received or collected by the ((committee)) code reviser for publications financed by ((said)) the fund.
     All moneys shall be paid from said account by check or voucher in such form and in such manner as shall be prescribed by the ((committee)) code reviser.

Sec. 12   RCW 1.08.060 and 1982 1st ex.s. c 32 s 6 are each amended to read as follows:
     The ((committee)) code reviser may loan sets of the code and materials supplemental thereto:
     (1) For the use of senate committees, a quantity as required by advice from the secretary of the senate, not to exceed twenty-five sets;
     (2) For use of the house committees, a quantity as required by advice from the chief clerk of the house, not to exceed thirty-five sets;
     (3) To the state law library for library use;
     (4) For use of the reviser's office, as required; and
     (5) For use of recognized news reporting services maintaining permanent offices at the capitol, three sets.
     The ((committee)) code reviser may exchange copies of RCW for codes or compilations of other states.

Sec. 13   RCW 1.08.110 and 1977 ex.s. c 240 s 2 are each amended to read as follows:
     The ((statute law committee)) code reviser, in addition to the other responsibilities enumerated in this chapter, shall cause to be published the Washington State Register as created in RCW 34.08.020. The ((statute law committee and/or the)) code reviser may adopt such rules as are necessary for the effective operation of such service.

NEW SECTION.  Sec. 14   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005.

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