AN ACT Relating to the operation of an automated bibliographic service by the state library commission; amending RCW 27.26.010, 42.18.221, 27.04.045, and 41.06.070; adding new sections to chapter 27.26 RCW; creating new sections; decodifying section 5, chapter ..., Laws of 1989; repealing RCW 27.26.010, 27.26.020, 27.26.030, 27.26.040, 27.26.050, 27.26.060, 27.26.---, 27.26.---, 27.26.---, 27.26.---, 27.26.---, and 27.26.---; providing effective dates; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that automated bibliographic, computer-based telecommunications, interlibrary, reference, and referral systems and related library services have proven to be a benefit to the citizens of the state of Washington; that these services have been provided through a network of public and private information providers both inside and outside the state; that the current governance structure of the network restricts the ability of the network to meet the needs of the library community and the citizens of Washington; that changes in the governance structure will result in increased efficiency, economy, and effectiveness of the network, in preserving the technology developed by the network, and in serving the library community and the citizens of Washington better; that the network now requires a new governance structure that allows the necessary operational flexibility in order to foster the continued availability of the benefits of the network to the citizens of Washington; and that the operation of the network as a private, nonprofit corporation is the best method to achieve these goals.

Sec. 2. Section 2, chapter 31, Laws of 1975-'76 2nd ex. sess. as amended by section 1, chapter 21, Laws of 1985 and RCW 27.26.010 are each amended to read as follows:

As used in this chapter, unless otherwise required by the context, the following definitions shall apply:

(1) "Western library network computer system" means the communication facilities, computers, and peripheral computer devices supporting the automated library system developed by the state of Washington;

(2) "Network" means the western library network which is an organization of autonomous, geographically dispersed participants using the western library network computer system, telecommunications systems, interlibrary systems, and reference and referral systems;

(3) "Resources" are library materials which include but are not limited to print, nonprint (e.g., audiovisual, realia, etc.), and microform formats; network resources such as software, hardware, and equipment; electronic and magnetic records; data bases; communication technology; facilities; and human expertise;

(4) "Telecommunications" includes any point to point transmission, emission, or reception of signs, signals, writing, images, and sounds or intelligence of any nature by wire, radio, microwave radio, optical, or other electromagnetic system, including any intervening processing and storage serving a point to point system;

(5) "Interlibrary loan system" means the accepted procedures among libraries by which library materials are made available in some format to users of another library;

(6) "Reference and referral system" pertains to procedures among libraries whereby subject or fact-oriented queries may be referred to another institution when the answering resource or subject expertise is unavailable in the institution originally queried;

(7) "Successor organization" means a private, nonprofit corporation created specifically to assume responsibility for providing the services now being provided by the western library network under this chapter. Any such private, nonprofit corporation shall qualify as a tax-exempt, nonprofit corporation under section 501(C) of the federal internal revenue code; shall include on its board of directors a majority of representation by public sector libraries or other public agencies; and shall agree to provide access to a bibliographic database and related service to network users. If no such corporation exists, which is capable, in the commission's opinion, of adequately assuming the networks' operations, then another governmental entity, an organization created under the interlocal cooperation act, chapter 39.34 RCW, or a corporation currently providing automated bibliographic, telecommunications, computer network, or equivalent services to libraries in the state of Washington shall be the successor organization;

(8) "Commission" means the Washington state library commission.

NEW SECTION. Sec. 3. (1) The commission may cooperate with other agencies both inside and outside the state of Washington to establish a private, nonprofit corporation for the purpose of providing automated bibliographic, computer-based telecommunications, interlibrary, reference, and referral systems, computer network services, and related library services that are equivalent to the services provided by the western library network on June 1, 1989. The commission may adopt policies and rules consistent with the purposes and provisions of sections 3 through 5, 9, and 11 of this act and RCW 42.18.221 pursuant to the administrative procedure act.

(2) The commission may terminate the services provided by the western library network before June 30, 1997, if a successor organization agrees to assume full responsibility for providing services that are equivalent to the services provided by the western library network on June 1, 1989, to the state library, other agencies of state and local government, and other users of the western library network. The commission may not terminate western library network services within six months after the effective date of this act. The commission may not enter into a contract with a successor organization for the delivery of network services after five and one-half years from the effective date of this act.

NEW SECTION. Sec. 4. In order to accomplish the establishment of a successor organization, the commission may take all necessary and proper steps, including:

(1) Transfer any equipment, software, database, other assets, or contracts for services to the successor organization under appropriate terms and conditions, including reasonable compensation deemed appropriate by the commission. However, the commission shall retain the right to repossess any such property transferred for a period of up to five years, in the event that the successor organization becomes bankrupt, insolvent, or is otherwise unable to provide network services that are satisfactory to a majority of the network users, or if the successor organization fails to comply with the provisions of any contract with the commission during the five-year period. In the event that the commission exercises its right to repossess under this section, any such property returned to the commission shall become the property of the state of Washington and shall be administered by the commission. If such a repossession occurs, the commission may provide western library network services;

(2) Unless otherwise provided by agreement, assign any membership agreements, software contracts, and other duties and responsibilities to the successor organization that are related to the western library network;

(3) Provide for personnel services by western library network employees, or other necessary support services to the successor organization under contract for up to a two-year period after the effective date of a contract between a successor organization and the commission for delivery of network services. The successor organization shall provide full reimbursement for all costs of services contracted for under this provision;

(4) Pay an annual membership fee to the successor organization not to exceed the value of services received; and

(5) Designate one or more persons to serve in the capacity of a member of the board of directors of a successor organization. The state shall not be liable for either the actions of the director in that capacity, nor for the actions of the successor organization.

NEW SECTION. Sec. 5. At the time western library network services are terminated by the commission pursuant to section 3(2) of this act:

(1) Any supplies, equipment, or other property, whether tangible or intangible, not transferred to the successor organization shall remain the property of the state of Washington and shall be administered by the commission;

(2) Any funds remaining in the western library network computer system revolving fund shall be used by the commission to meet outstanding obligations of the network not transferred to the successor organization. At such time as all such obligations have been fulfilled, any remaining funds shall be transferred to the general fund;

(3) Any contracts or other obligations of the western library network not transferred to the successor organization shall be the obligation of the Washington state library.

Sec. 6. Section 4, chapter 426, Laws of 1987 and RCW 42.18.221 are each amended to read as follows:

(1) No former state employee may at any time subsequent to his or her state employment assist another person, whether or not for compensation, in any transaction involving the state in which the former state employee at any time participated during state employment. This subsection shall not be construed to prohibit any employee or officer of a state employee organization from rendering assistance to state employees in the course of employee organization business.

(2) No former state employee may share in any compensation received by another person for assistance that the former state employee is prohibited from rendering under subsection (1) of this section. This subsection shall not apply to former state employees who were required by statute to have been active members of the state bar association and subject to the code of professional responsibility.

(3) No former state employee may, within a period of one year from the date of termination of state employment, accept employment or receive compensation from any private business if (a) the state employee, during the two years immediately preceding termination of state employment, was engaged in the negotiation or administration on behalf of the state or agency of one or more contracts with that private business and was in a position to make discretionary decisions affecting the outcome of such negotiation or the nature of such administration, (b) such a contract or contracts have a total value of more than ten thousand dollars, and (c) the duties of the employment by the private business or the activities for which the compensation would be received from the private business include fulfilling or implementing, in whole or in part, the provisions of such a contract or contracts or include the supervision or control of actions taken to fulfill or implement, in whole or in part, the provisions of such a contract or contracts. This subsection shall not be construed to prevent a state employee from accepting employment with a state employee organization.

(4) No former state employee may accept an offer of employment or receive compensation from any private business if the state employee knows or has reason to believe that the offer of employment or compensation was intended, in whole or in part, directly or indirectly, as compensation or reward for the performance or nonperformance of a duty by the state employee during the course of state employment.

(5) For the purposes of this section, the term "private business" includes any natural person, partnership, association, or corporation of any kind or description that is engaged in business activity in this state or elsewhere. If any natural person, closely associated or related group of natural persons, partnership, or corporation owns or controls two or more businesses, all of the businesses owned or controlled shall be defined as a single private business for the purposes of this section. The term "private business," for purposes of this section, does not include a "successor organization" as defined under RCW 27.26.010.

(6) This section shall not be construed to prevent a former state employee from rendering assistance to others if the assistance is provided without compensation in any form and is limited to one or more of the following:

(a) Providing the names, addresses, and telephone numbers of state agencies or state employees;

(b) Providing free transportation to another for the purpose of conducting business with a state agency;

(c) Assisting a natural person or nonprofit corporation in obtaining or completing application forms or other forms required by a state agency for the conduct of a state business; or

(d) Providing assistance to the poor and infirm.

(7) The permitted exceptions applicable to state employees under RCW 42.18.180 shall also be applicable to former state employees under this section, subject to conditions or limitations set forth in regulations issued pursuant to RCW 42.18.240.

Sec. 7. Section 2, chapter 152, Laws of 1984 and RCW 27.04.045 are each amended to read as follows:

The state library commission shall be responsible for the following functions:

(1) Maintaining a library at the state capitol grounds to effectively provide library and information services to members of the legislature, state officials, and state employees in connection with their official duties;

(2) Acquiring and making available information, publications, and source materials that pertain to the history of the state;

(3) Serving as the depository for newspapers published in the state of Washington thus providing a central location for a valuable historical record for scholarly, personal, and commercial reference and circulation;

(4) Collecting and distributing copies of state publications by ensuring that:

(a) The state library collects and makes available as part of its collection copies of any state publication, as defined in RCW 40.06.010, prepared by any state agency whenever fifteen or more copies are prepared for distribution. The state library commission, on recommendation of the state librarian, may provide by rule for deposit with the state library of up to three copies of such publication; and

(b) The state library maintains a division to serve as state publications distribution center, as provided in chapter 40.06 RCW;

(5) Providing advisory services to state agencies regarding their information needs;

(6) Providing for library and information service to residents and staff of state-supported residential institutions;

(7) Providing for library and information services to persons throughout the state who are blind and/or physically handicapped;

(8) Assisting individuals and groups such as libraries, library boards, governing bodies, and citizens throughout the state toward the establishment and development of library services;

(9) Making studies and surveys of library needs in order to provide, expand, enlarge, and otherwise improve access to library facilities and services throughout the state;

(10) Serving as a primary interlibrary loan, information, reference, and referral center for all libraries in the state;

(11) Assisting in the provision of direct library and information services to individuals;

(12) Overseeing of the Washington library network in accordance with chapters 27.26 and 43.105 RCW. This subsection shall expire on June 30, 1997.

Sec. 8. Section 1, chapter 11, Laws of 1972 ex. sess. as last amended by section 2, chapter 389, Laws of 1987 and RCW 41.06.070 are each amended to read as follows:

The provisions of this chapter do not apply to:

(1) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, legislative budget committee, statute law committee, and any interim committee of the legislature;

(2) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

(3) Officers, academic personnel, and employees of state institutions of higher education, the state board for community college education, and the higher education personnel board;

(4) The officers of the Washington state patrol;

(5) Elective officers of the state;

(6) The chief executive officer of each agency;

(7) In the departments of employment security, fisheries, social and health services, the director and his confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his confidential secretary, and his statutory assistant directors;

(8) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

(a) All members of such boards, commissions, or committees;

(b) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: (i) The secretary of the board, commission, or committee; (ii) the chief executive officer of the board, commission, or committee; and (iii) the confidential secretary of the chief executive officer of the board, commission, or committee;

(c) If the members of the board, commission, or committee serve on a full-time basis: (i) The chief executive officer or administrative officer as designated by the board, commission, or committee; and (ii) a confidential secretary to the chairman of the board, commission, or committee;

(d) If all members of the board, commission, or committee serve ex officio: (i) The chief executive officer; and (ii) the confidential secretary of such chief executive officer;

(9) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

(10) Assistant attorneys general;

(11) Commissioned and enlisted personnel in the military service of the state;

(12) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the state personnel board or the board having jurisdiction;

(13) The public printer or to any employees of or positions in the state printing plant;

(14) Officers and employees of the Washington state fruit commission;

(15) Officers and employees of the Washington state apple advertising commission;

(16) Officers and employees of the Washington state dairy products commission;

(17) Officers and employees of the Washington tree fruit research commission;

(18) Officers and employees of the Washington state beef commission;

(19) Officers and employees of any commission formed under the provisions of chapter 191, Laws of 1955, and chapter 15.66 RCW;

(20) Officers and employees of the state wheat commission formed under the provisions of chapter 87, Laws of 1961 (chapter 15.63 RCW);

(21) Officers and employees of agricultural commissions formed under the provisions of chapter 256, Laws of 1961 (chapter 15.65 RCW);

(22) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

(23) Liquor vendors appointed by the Washington state liquor control board pursuant to RCW 66.08.050: PROVIDED, HOWEVER, That rules and regulations adopted by the state personnel board pursuant to RCW 41.06.150 regarding the basis for, and procedures to be followed for, the dismissal, suspension, or demotion of an employee, and appeals therefrom shall be fully applicable to liquor vendors except those part time agency vendors employed by the liquor control board when, in addition to the sale of liquor for the state, they sell goods, wares, merchandise, or services as a self-sustaining private retail business;

(24) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

(25) All employees of the marine employees' commission;

(26) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection shall expire on June 30, 1997;

(27) In addition to the exemptions specifically provided by this chapter, the state personnel board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the personnel board stating the reasons for requesting such exemptions. The personnel board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the personnel board shall grant the request and such determination shall be final. The total number of additional exemptions permitted under this subsection shall not exceed one hundred eighty-seven for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The state personnel board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted pursuant to the provisions of this subsection, together with the reasons for such exemptions.

The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (10) through (22) of this section, shall be determined by the state personnel board.

Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary, within four years from the date of appointment to the exempt position. However, (a) upon the prior request of the appointing authority of the exempt position, the personnel board may approve one extension of no more than four years; and (b) if an appointment was accepted prior to July 10, 1982, then the four-year period shall begin on July 10, 1982.

NEW SECTION. Sec. 9. The western library network and its powers and duties shall be terminated on June 30, 1997.

NEW SECTION. Sec. 10. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1997:

(1) Section 2, chapter 31, Laws of 1975-'76 2nd ex. sess., section 1, chapter 21, Laws of 1985, section 2, chapter --, Laws of 1989 (section 2 of this act) and RCW 27.26.010;

(2) Section 1, chapter 31, Laws of 1975-'76 2nd ex. sess., section 2, chapter 21, Laws of 1985, section 13, chapter 504, Laws of 1987 and RCW 27.26.020;

(3) Section 2, chapter 110, Laws of 1975-'76 2nd ex. sess., section 4, chapter 21, Laws of 1985, section 4, chapter 389, Laws of 1987 and RCW 27.26.030;

(4) Section 4, chapter 110, Laws of 1975-'76 2nd ex. sess., section 6, chapter 21, Laws of 1985, section 12, chapter 504, Laws of 1987 and RCW 27.26.040;

(5) Section 7, chapter 21, Laws of 1985 and RCW 27.26.050;

(6) Section 8, chapter 21, Laws of 1985 and RCW 27.26.060;

(7) Section 1, chapter --, Laws of 1989 (section 1 of this act) (uncodified);

(8) Section 3, chapter --, Laws of 1989 (section 3 of this act) and RCW 27.26.---;

(9) Section 4, chapter --, Laws of 1989 (section 4 of this act) and RCW 27.26.---;

(10) Section 6, chapter --, Laws of 1989 (section 6 of this act) and RCW 27.26.---;

(11) Section 9, chapter --, Laws of 1989 (section 9 of this act) and RCW 27.26.---; and

(12) Section 11, chapter --, Laws of 1989 (section 11 of this act) and RCW 27.26.---.

NEW SECTION. Sec. 11. Section 5 of this act shall be decodified effective June 30, 1997.

NEW SECTION. Sec. 12. The commission shall submit an annual report on the status of the establishment of a successor organization to the appropriate committees of the senate and house of representatives, no later than January 1 of each year, with a final report to be submitted no later than January 1, 1998.

NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 14. Sections 3 through 5, 9, and 11 of this act are each added to chapter 27.26 RCW.

NEW SECTION. Sec. 15. Sections 1 through 6 and 9 through 14 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on June 1, 1989.