BILL REQ. #:  H-3387.2 

Read first time 01/13/12.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to transferring the state law library jurisdiction to the University of Washington; amending RCW 27.20.030, 27.20.040, and 27.20.050; and creating new sections.

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

NEW SECTION.  Sec. 1   To maximize the benefits to the public, state government should be operated in an efficient and effective manner. The purpose of this act is to transfer the state law library and its responsibilities from under the exclusive jurisdiction and control of the Washington state supreme court to the University of Washington, which already operates numerous libraries, including a large law library in conjunction with the school of law, and offers a law librarianship program. This move will allow for the efficient and cost-effective management of state law library resources and has the potential to offer educational opportunities for students in the law librarianship program.

Sec. 2   RCW 27.20.030 and 1959 c 188 s 1 are each amended to read as follows:
     The state law library shall be a part of the ((judicial branch of state government and shall be under the exclusive jurisdiction and control of the supreme court)) University of Washington.

Sec. 3   RCW 27.20.040 and 1959 c 188 s 2 are each amended to read as follows:
     The ((supreme court)) University of Washington board of regents shall appoint a state law librarian, who may be removed at its pleasure. The librarian shall receive such compensation only as shall be fixed by the ((court)) board of regents.
     The ((court)) board of regents may also appoint and fix the salaries of such assistants and clerical personnel as may be required. In making appointments and fixing compensation and salaries, the board shall consult with the Washington state supreme court.

Sec. 4   RCW 27.20.050 and 1959 c 188 s 3 are each amended to read as follows:
     ((The duties of the state law librarian shall be as prescribed by statute and by rules of court.)) The state law librarian is responsible and accountable for the following:
     (1) Maintaining a legal research library for the use of all state officials and employees, equipped to serve them effectively with legal research materials required by them in connection with their official duties;
     (2) Keeping the state law library accessible to the public;
     (3) Providing an application process whereby state officials and employees may access the law library collection during evenings, weekends, and holidays when necessary in connection with their official duties;
     (4) Doing legal research for any Washington state supreme court justice upon request;
     (5) Establishing, developing, and maintaining legal research libraries for each division of the court of appeals;
     (6) Advising and consulting, upon request, with boards of trustees, or other administrative bodies, of county law libraries in the development, improvement, arrangement, and maintenance of county law library collections and services;
     (7) Promoting improved statewide law library service to all citizens of the state of Washington by lending of legal materials and providing reference assistance in any manner not inconsistent with the primary responsibility of the state law librarian as provided in subsection (1) of this section;
     (8) Maintaining and distributing legislative journals, session laws, Washington Reports, and Washington Appellate Reports as required by statute;
     (9) Performing any and all other duties as may be:
     (a) Prescribed by statute; or
     (b) Requested by the Washington state supreme court, as long as the request is not inconsistent with the primary responsibility of the state law librarian as set forth in subsection (1) of this section.

NEW SECTION.  Sec. 5   (1) All powers, duties, and functions of the Washington state supreme court pertaining to the state law library are transferred to the University of Washington.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Washington state supreme court pertaining to the powers, duties, and functions transferred shall be delivered to the custody of the University of Washington. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the Washington state supreme court in carrying out the powers, duties, and functions transferred shall be made available to the University of Washington. All funds, credits, or other assets held in connection with the powers, duties, and functions transferred shall be assigned to the University of Washington.
     (b) Any appropriations made to the Washington state supreme court for carrying out the powers, duties, and functions transferred shall, on the effective date of this section, be transferred and credited to the University of Washington.
     (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 Washington state supreme court engaged in performing the powers, duties, and functions transferred are transferred to the jurisdiction of the University of Washington.
     (4) All rules and all pending business before the Washington state supreme court pertaining to the powers, duties, and functions transferred shall be continued and acted upon by the University of Washington. All existing contracts and obligations shall remain in full force and shall be performed by the University of Washington.
     (5) The transfer of the powers, duties, functions, and personnel of the Washington state supreme court 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.