BILL REQ. #:  S-4712.1 

READ FIRST TIME 02/05/10.   

     AN ACT Relating to statutory construction; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that the goal of the judicial branch is to provide consistency in its rulings whereas the legislative branch must often modify or enact laws in response to a rapidly changing environment. The legislature believes the role of policymaking requires clarity, consistency, and precision in the preparation and interpretation of legislation. The legislature finds that over the past decades, there have been instances in which statutes have been judicially construed differently than may have been intended and that it will be helpful to the judicial and legislative branches if the rules by which statutes are judicially construed are reviewed and better understood by both branches. The legislature also finds that rules of construction should be codified to the extent possible such that both branches will have enhanced opportunities to: (a) Achieve mutually consistent understandings of legislative intent regarding matters of public policy; (b) reduce the necessity of ongoing revisions; and (c) provide parties to litigation increased predictability of outcome of contested matters.
     The legislature further finds that some sources from which to determine legislative intent are better reflections of legislative intent than others. The legislature finds that the ad hoc statutory construction work group convened by the chair of the senate judiciary committee should take into account the relative values of the multiplicity of sources available to consider when seeking to determine the legislative intent of enacted law. The work group should emphasize in its findings that legislative intent should be construed from sources beginning with the final action of the legislative body on a bill and moving backward in recognition of the collective nature of the legislature, in which the actions of the full body reflect the will of a majority of the elected representatives who represent Washington's citizens.
     (2) It is anticipated that the work group will ultimately recommend language defining a more complete hierarchy of legislative history to be considered in determining legislative intent. Therefore, the work group should take into consideration the following suggested nonexclusive hierarchy of factors to consider:
     (a) The floor colloquies on final passage, if any;
     (b) The content of amendments to the legislation adopted on the floor of a chamber of the legislature;
     (c) The content of amendments to the legislation adopted in a committee of the legislature;
     (d) The intent section of an act, if present; and
     (e) Where available, parties discerning legislative intent shall consider the introductory comments of the prime sponsor of the legislation as a guide to understanding both the issue to which the legislature was responding and the context in which the law was enacted.
     Staff materials prepared to assist legislators in their deliberative process, including bill reports, should not be included in the hierarchy.