BILL REQ. #:  H-0029.3 

Read first time 01/26/2007.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to the oral history program; amending RCW 42.17.095, 42.52.802, 43.07.370, 43.07.380, 43.07.220, 43.07.240, and 43.07.365; reenacting and amending RCW 42.17.710; adding a new section to chapter 42.52 RCW; adding new sections to chapter 44.04 RCW; adding a new section to chapter 43.07 RCW; creating a new section; and recodifying RCW 43.07.220, 43.07.230, 43.07.240, and 43.07.365.

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

Sec. 1   RCW 42.17.095 and 2005 c 467 s 1 are each amended to read as follows:
     The surplus funds of a candidate, or of a political committee supporting or opposing a candidate, may only be disposed of in any one or more of the following ways:
     (1) Return the surplus to a contributor in an amount not to exceed that contributor's original contribution;
     (2) Transfer the surplus to the candidate's personal account as reimbursement for lost earnings incurred as a result of that candidate's election campaign. Such lost earnings shall be verifiable as unpaid salary or, when the candidate is not salaried, as an amount not to exceed income received by the candidate for services rendered during an appropriate, corresponding time period. All lost earnings incurred shall be documented and a record thereof shall be maintained by the candidate or the candidate's political committee. The committee shall include a copy of such record when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090;
     (3) Transfer the surplus without limit to a political party or to a caucus political committee;
     (4) Donate the surplus to a charitable organization registered in accordance with chapter 19.09 RCW;
     (5) Transmit the surplus to the state treasurer for deposit in the general fund, the ((oral history,)) state library((,)) and archives account under RCW 43.07.380, the oral history account under section 11 of this act, or the legislative international trade account under RCW ((44.04.270)) 43.15.050, as specified by the candidate or political committee; or
     (6) Hold the surplus in the ((campaign)) depository or depositories designated in accordance with RCW 42.17.050 for possible use in a future election campaign for the same office last sought by the candidate and report any such disposition in accordance with RCW 42.17.090: PROVIDED, That if the candidate subsequently announces or publicly files for office, information as appropriate is reported to the commission in accordance with RCW 42.17.040 through 42.17.090. If a subsequent office is not sought the surplus held shall be disposed of in accordance with the requirements of this section.
     (7) Hold the surplus campaign funds in a separate account for nonreimbursed public office-related expenses or as provided in this section, and report any such disposition in accordance with RCW 42.17.090. The separate account required under this subsection shall not be used for deposits of campaign funds that are not surplus.
     (8) No candidate or authorized committee may transfer funds to any other candidate or other political committee.
     The disposal of surplus funds under this section shall not be considered a contribution for purposes of this chapter.

Sec. 2   RCW 42.17.710 and 2006 c 348 s 5 and 2006 c 344 s 31 are each reenacted and amended to read as follows:
     (1) During the period beginning on the thirtieth day before the date a regular legislative session convenes and continuing through the date of final adjournment, and during the period beginning on the date a special legislative session convenes and continuing through the date that session adjourns, no state official or a person employed by or acting on behalf of a state official or state legislator may solicit or accept contributions to a public office fund, to a candidate or authorized committee, or to retire a campaign debt. Contributions received through the mail after the thirtieth day before a regular legislative session may be accepted if the contribution is postmarked prior to the thirtieth day before the session.
     (2) This section does not apply to activities authorized in RCW 43.07.370 or section 10 of this act.

Sec. 3   RCW 42.52.802 and 2003 c 164 s 4 are each amended to read as follows:
     This chapter does not prohibit the secretary of state or a designee from soliciting and accepting contributions to the ((oral history,)) state library((,)) and archives account created in RCW 43.07.380.

NEW SECTION.  Sec. 4   A new section is added to chapter 42.52 RCW to read as follows:
     This chapter does not prohibit the secretary of the senate, the chief clerk of the house of representatives, or their designee from soliciting and accepting contributions to the oral history account created in section 11 of this act.

Sec. 5   RCW 43.07.370 and 2003 c 164 s 1 are each amended to read as follows:
     (1) The secretary of state may solicit and accept gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend these donations or the proceeds, rents, profits, and income from the donations except as limited by the donor's terms.
     (2) Moneys received under this section may be used only for the following purposes:
     (a) ((Conducting oral histories;
     (b))) Archival activities; and
     (((c))) (b) Washington state library activities.
     (3) Moneys received under this section must be deposited in the ((oral history,)) state library((,)) and archives account established in RCW 43.07.380.
     (4) The secretary of state shall adopt rules to govern and protect the receipt and expenditure of the proceeds.

Sec. 6   RCW 43.07.380 and 2003 c 164 s 2 are each amended to read as follows:
     The ((oral history,)) state library((,)) and archives account is created in the custody of the state treasurer. All moneys received under RCW 43.07.370 must be deposited in the account. Expenditures from the account may be made only for the purposes of the ((oral history program under RCW 43.07.220,)) archives program under RCW 40.14.020((,)) and the state library program under chapter 27.04 RCW. Only the secretary of state or the secretary of state's designee may authorize expenditures from the account. An appropriation is not required for expenditures, but the account is subject to allotment procedures under chapter 43.88 RCW.

Sec. 7   RCW 43.07.220 and 1991 c 237 s 1 are each amended to read as follows:
     (1) The secretary of ((state)) the senate and the chief clerk of the house of representatives, at the direction of the oral history advisory committee, shall administer and conduct a program to record and document oral histories of current and former members and staff of the Washington state legislature((, current and former state government officials and personnel, and other citizens who have participated in the political history of Washington state)). The secretary of ((state)) the senate and the chief clerk of the house of representatives shall contract with independent oral historians and through the history departments of the state universities to interview and record oral histories. The tapes and tape transcripts shall be indexed and made available for research and reference through the state archives. The transcripts, together with current and historical photographs, may be published for distribution to libraries and for sale to the general public.
     (2) The oral history of a person who occupied positions, or was staff to a person who occupied positions, in more than one branch of government, shall be conducted by the entity authorized to conduct oral histories of persons in the position last held by the person who is the subject of the oral history.

Sec. 8   RCW 43.07.240 and 1991 c 237 s 3 are each amended to read as follows:
     The oral history advisory committee shall have the following responsibilities:
     (1) To select appropriate oral history interview subjects;
     (2) To select transcripts or portions of transcripts, and related historical material, for publication;
     (3) To advise the secretary of ((state)) the senate and the chief clerk of the house of representatives on the format and length of individual interview series and on appropriate issues and subjects for related series of interviews;
     (4) To advise the secretary of ((state)) the senate and the chief clerk of the house of representatives on the appropriate subjects, format, and length of interviews and on the process for conducting oral history interviews with subjects currently serving in the Washington state legislature;
     (5) To advise the secretary of ((state)) the senate and the chief clerk of the house of representatives on joint programs and activities with state universities, colleges, museums, and other groups conducting oral histories; and
     (6) To advise the secretary of ((state)) the senate and the chief clerk of the house of representatives on other aspects of the administration of the oral history program and on the conduct of individual interview projects.

Sec. 9   RCW 43.07.365 and 2002 c 358 s 3 are each amended to read as follows:
     The secretary of ((state)) the senate and the chief clerk of the house of representatives may fund oral history activities through donations as provided in RCW 43.07.037. The activities may include, but not be limited to, conducting interviews, preparing and indexing transcripts, publishing transcripts and photographs, and presenting displays and programs. Donations that do not meet the criteria of the oral history program may not be accepted. The secretary of ((state)) the senate and the chief clerk of the house of representatives shall adopt joint rules necessary to implement this section.

NEW SECTION.  Sec. 10   A new section is added to chapter 44.04 RCW to read as follows:
     (1) The secretary of the senate and the chief clerk of the house of representatives may solicit and accept gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend these donations or the proceeds, rents, profits, and income from the donations except as limited by the donor's terms.
     (2) Moneys received under this section may be used only for conducting oral histories.
     (3) Moneys received under this section must be deposited in the oral history account established in section 11 of this act.
     (4) The secretary of the senate and the chief clerk of the house of representatives shall adopt joint rules to govern and protect the receipt and expenditure of the proceeds.

NEW SECTION.  Sec. 11   A new section is added to chapter 44.04 RCW to read as follows:
     The oral history account is created in the custody of the state treasurer. All moneys received under section 10 of this act must be deposited in the account. Expenditures from the account may be made only for the purposes of the oral history program under RCW 43.07.220 (as recodified by this act). Only the secretary of the senate or the chief clerk of the house of representatives or their designee may authorize expenditures from the account. An appropriation is not required for expenditures, but the account is subject to allotment procedures under chapter 43.88 RCW.

NEW SECTION.  Sec. 12   (1) All powers, duties, and functions of the secretary of state pertaining to the oral history program are transferred to the secretary of the senate and the chief clerk of the house of representatives. All references to the secretary of state or the office of the secretary of state in the Revised Code of Washington shall be construed to mean the secretary of the senate and the chief clerk of the house of representatives when referring to the functions transferred in this section.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the secretary of state pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the secretary of the senate and the chief clerk of the house of representatives. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the secretary of state in carrying out the powers, functions, and duties transferred shall be made available to the secretary of the senate and the chief clerk of the house of representatives. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the secretary of the senate and the chief clerk of the house of representatives.
     (b) Any appropriations made to the secretary of state for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the Secretary of the senate and the chief clerk of the house of representatives.
     (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All employees of the secretary of state engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the secretary of the senate and the chief clerk of the house of representatives. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the secretary of the senate and the chief clerk of the house of representatives to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the secretary of state pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the secretary of the senate and the chief clerk of the house of representatives. All existing contracts and obligations shall remain in full force and shall be performed by the secretary of the senate and the chief clerk of the house of representatives.
     (5) The transfer of the powers, duties, functions, and personnel of the secretary of state shall not affect the validity of any act performed before the effective date of this section.
     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the public employment relations commission as provided by law.

NEW SECTION.  Sec. 13   A new section is added to chapter 43.07 RCW to read as follows:
     (1) The secretary of state may establish an oral history project to record and document oral histories of current and former state government officials and personnel, and other citizens who have participated in the political history of Washington state.
     (2) The oral history of a person who occupied positions, or was staff to a person who occupied positions, in more than one branch of government, shall be conducted by the entity authorized to conduct oral histories of persons in the position last held by the person who is the subject of the oral history.

NEW SECTION.  Sec. 14   The following are each recodified as sections in chapter 44.04 RCW:
     RCW 43.07.220
     RCW 43.07.230
     RCW 43.07.240
     RCW 43.07.365