BILL REQ. #:  Z-0026.5 

Read first time 01/24/11.   Referred to Committee on Judiciary.

     AN ACT Relating to the publications of the statute law committee; amending RCW 1.08.070, 34.05.210, 40.04.031, and 44.20.050; adding a new section to chapter 1.08 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The purpose of this act is to promote widespread access to legal and public information materials produced by the statute law committee in both digital and print formats while responding to a changing marketplace where sale of paper copies no longer supports the printing of copies intended for free distribution.
     The legislature finds that web-based access to these materials has become the most popular and efficient method of access by the public, state agencies and local governments, and the legal community and that permanent public access to these web-based materials shall be maintained and preserved. The statute law committee shall also make it a priority to provide reasonably priced print alternatives to the public, state agencies and local governments, and libraries.
     The legislature intends that the statute law committee have additional discretion to distribute its publications using the most efficient methods and technologies available and to use less expensive formats for the delivery of free copies to state and local agencies when appropriate.

Sec. 2   RCW 1.08.070 and 1955 c 235 s 9 are each amended to read as follows:
     Each member of the legislature((, who has not received a set of the Revised Code of Washington under the provisions of section 9, chapter 155, Laws of 1951, or section 16, chapter 257, Laws of 1953, or this section, shall be entitled to)) may receive one set of the Revised Code of Washington on digital media without charge. All persons receiving codes under ((the provisions of)) this section ((or the sections above referred to shall be entitled to)) may receive supplements to the code on digital media free of charge, during their term of office as a member or officer of the legislature((: PROVIDED, That legislative appropriation has been made for the purpose of supplying such codes and supplements)).

NEW SECTION.  Sec. 3   A new section is added to chapter 1.08 RCW to read as follows:
     Current digital copies of the Revised Code of Washington, the Washington Administrative Code, the Washington State Register, and the session laws of the Washington state legislature shall be maintained and made freely available for permanent public access on the code reviser or legislative web site. All historical digital copies added to the web site shall be made freely available for permanent public access.
     The statute law committee shall provide digital authentication for any publication in a digital format that is declared official, if in the discretion of the committee such authentication does not interfere with public access.

Sec. 4   RCW 34.05.210 and 2007 c 456 s 3 are each amended to read as follows:
     (1)(a) The code reviser shall cause the Washington Administrative Code to be compiled, indexed by subject, and published. All current, permanently effective rules of each agency shall be published in the Washington Administrative Code. Compilations shall be supplemented or revised as often as necessary and at least annually in a form compatible with the main compilation.
     (b) The statute law committee, in its discretion, may publish the official copy of the Washington Administrative Code in a digital format on the code reviser or legislative web site.
     (c) The code reviser shall provide a paper copy of the entire Washington Administrative Code or any section or sections of the code upon request. The code reviser may charge a reasonable fee for printing and mailing the paper copy.
     (d) The code reviser shall provide a limited number of free paper copies of the Washington Administrative Code to libraries or institutions on request for access and archival purposes.
     (2) Subject to the provisions of this chapter, the code reviser shall prescribe a uniform numbering system, form, and style for all proposed and adopted rules.
     (3) The code reviser shall publish a register setting forth the text of all rules filed during the appropriate register publication period.
     (4) The code reviser may omit from the register or the compilation, rules that would be unduly cumbersome, expensive, or otherwise inexpedient to publish, if such rules are made available in printed or processed form on application to the adopting agency, and if the register or compilation contains a notice stating the general subject matter of the rules so omitted and stating how copies thereof may be obtained.
     (5) The code reviser may edit and revise rules for publication, codification, and compilation, without changing the meaning of any such rule.
     (6) When a rule, in whole or in part, is declared invalid and unconstitutional by a court of final appeal, the adopting agency shall give notice to that effect in the register. With the consent of the attorney general, the code reviser may remove obsolete rules or parts of rules from the Washington Administrative Code when:
     (a) The rules are declared unconstitutional by a court of final appeal; or
     (b) The adopting agency ceases to exist and the rules are not transferred by statute to a successor agency.
     (7) Compilations and registers shall be made available for purchase, in ((written form to (a) state elected officials whose offices are created by Article II or III of the state Constitution or by RCW 48.02.010, upon request, (b) the secretary of the senate and the chief clerk of the house for committee use, as required, but not to exceed the number of standing committees in each body, (c) county boards of law library trustees and to the Olympia press corps library, and (d) other persons)) print or tangible, digital format, at a price fixed by the code reviser.
     (8) The board of law library trustees of each county shall keep and maintain a complete and current set of registers and compilations when required for use and inspection as provided in chapter 27.24 RCW. If the register or compilation is published ((exclusively by electronic means)) in digital format on the code reviser or legislative web site, providing on-site access to the ((electronic)) digital version of the register shall satisfy the requirements of this subsection for access to the register.
     (9) ((Registers shall be made available in written form to the same parties and under the same terms as those listed in subsection (7) of this section, unless the register is published exclusively by electronic means on the code reviser web site.
     (10))) Judicial notice shall be taken of rules filed and published as provided in RCW 34.05.380 and this section.

Sec. 5   RCW 40.04.031 and 2007 c 456 s 1 are each amended to read as follows:
     The statute law committee, after each legislative session, shall distribute, sell, or exchange session laws as required under this section.
     (1) ((One set shall be given to the following: The United States supreme court library; each state adult correctional institution; each state mental institution; the state historical society; the state bar association; the Olympia press corps library; the University of Washington library; the library of each of the regional universities; The Evergreen State College library; the Washington State University library; each county law library; and the municipal reference branch of the Seattle public library.
     (2) One set shall be given to the following upon their request: Each member of the legislature; each state agency and its divisions; each state commission, committee, board, and council; each community college; each assistant attorney general; each member of the United States senate and house of representatives from this state; each state official whose office is created by the Constitution; each prosecuting attorney; and each public library in cities of the first class.
     (3) Two sets shall be given to the following: The administrator for the courts; the library of congress; the law libraries of any accredited law schools established in this state; and the governor.
     (4) Two sets shall be given to the following upon their request: Each United States district court in the state; and each office and branch office of the United States district attorneys in this state.
     (5) Three sets shall be given to the library of the circuit court of appeals of the ninth circuit, upon its request.
     (6) The following may request, and receive at no charge, as many sets as are needed for their official business: The senate and house of representatives; each county auditor, who shall receive and distribute sets for use by his or her county's officials; the office of the code reviser; the secretary of the senate; the chief clerk of the house of representatives; the supreme court; each court of appeals in the state; the superior courts; the state library; and the state law library.
     (7))) The statute law committee, in its discretion, may provide for provision of free copies in digital or print format of the session laws to selected federal, state, and local agencies. Special consideration shall be given to correctional institutions where internet access is not allowed and to public libraries and other public agencies where internet access is limited or not available.
     (2) Surplus ((copies)) paper sets of the session laws shall be sold and delivered by the statute law committee, in which case the price of the ((bound volumes)) paper sets shall be sufficient to cover costs.
     All money received from ((the)) sale of the session laws ((sets)) shall be paid into the statute law committee publications account.
     (((8))) (3) The statute law committee may exchange session law sets for similar laws or legal materials of other states, territories, and governments, and make such other distribution of the sets as in its judgment seems proper.
     (4)(a) The statute law committee, in its discretion, may publish the official copy of the session laws in a digital format on the code reviser or legislative web site.
     (b) The code reviser shall provide a paper copy of any individual session law or the compiled session laws of any session upon request. The code reviser may charge a reasonable fee for printing and mailing the paper copy.

Sec. 6   RCW 44.20.050 and 2006 c 46 s 2 are each amended to read as follows:
     When all of the acts of any session of the legislature and initiative measures enacted by the people since the next preceding session have been certified to the statute law committee, the code reviser employed by the statute law committee shall make the proper headings and index of such acts or laws and, after such work has been completed, the statute law committee shall have published ((and bound)) on the code reviser or legislative web site within seventy-five days after final adjournment of the legislature for that year and publish as many ((copies)) paper sets as deemed necessary by the committee of such acts and laws, with such headings and indexes, and such other matter as may be deemed essential, including a title page showing the session at which such acts were passed, the date of convening and adjournment of the session, and any other matter deemed proper, including a certificate by the secretary of state of such referendum measures as may have been enacted by the people since the next preceding session.