[atlas:bill]

AN ACT Relating to a state library; amending RCW 27.04.010, 27.04.045, 27.04.055, 40.06.020, and 40.06.040; adding a new section to chapter 27.04 RCW; repealing RCW 27.04.020 and 27.04.030; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 27.04 RCW to read as follows:

(1) The state library commission is hereby abolished and its powers, duties, and functions are hereby transferred to the office of the secretary of state. All references to the state library commission in the Revised Code of Washington shall be construed to mean the secretary of state or the office of the secretary of state.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state library commission or the state library shall be delivered to the custody of the office of the secretary of state. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state library commission or the state library shall be made available to the office of the secretary of state. All funds, credits, or other assets held by the state library commission or the state library shall be assigned to the office of the secretary of state.

(b) Any appropriations made to the state library commission or the state library shall, on the effective date of this section, be transferred and credited to the office of the secretary of state.

(c) If 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 state library commission and the state library are transferred to the jurisdiction of the office of the secretary of state. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of the secretary of state 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 state library commission or the state library shall be continued and acted upon by the office of the secretary of state. All existing contracts and obligations shall remain in full force and shall be performed by the office of the secretary of state.

(5) The transfer of the powers, duties, functions, and personnel of the state library commission and the state library 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 personnel resources board as provided by law.

(8) Subsequent to the merger of the state library into the office of the secretary of state, any reduction-in-force actions that occur on or before June 30, 2005, with respect to positions within the boundaries of the individual agency as the agencies existed on June 30, 2002, shall afford lay-off rights only to those positions that were within the boundaries of the respective individual agency as the agencies existed on June 30, 2002.

Sec. 2. RCW 27.04.010 and 1999 c 123 s 1 are each amended to read as follows:

(1) There shall be a state library((~~, with a state library commission to serve as the library's governing board~~)) within the office of the secretary of state, and a state librarian to serve as its chief executive officer.

(2) The secretary of state may make such rules under chapter 34.05 RCW as necessary and proper to carry out the purposes of this chapter.

(3) The secretary of state shall appoint a state librarian who shall serve at the pleasure of the secretary of state.

Sec. 3. RCW 27.04.045 and 1999 c 123 s 5 are each amended to read as follows:

The state librarian shall be responsible and accountable for the following functions:

(1) ((~~Advising the commission and implementing policies, directions, and delegated authority set by the commission~~)) Establishing content-related standards for common formats and agency indexes for state agency-produced information. In developing these standards, the state librarian is encouraged to seek involvement of, and comments from, public and private entities with an interest in such standards;

(2) Managing and administering the state library;

(3) Exerting leadership in information access and the development of library services;

(4) Acquiring library materials, equipment, and supplies by purchase, exchange, gift, or otherwise; and, as appropriate, assisting the legislature, other state agencies, and other libraries in the cost-effective purchase of information resources;

(5) Employing and terminating personnel in accordance with chapter 41.06 RCW as may be necessary to implement the purposes of this chapter;

(6) Entering into agreements with other public or private entities as a means of implementing the mission, goals, and objectives of the state library and the entity with which it enters such agreements. In agreements for services between the library and other state agencies, the library may negotiate an exchange of services in lieu of monetary reimbursement for the library's indirect or overhead costs, when such an arrangement facilitates the delivery of library services;

(7) 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;

(8) 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;

(9) Promoting and facilitating electronic access to public information and services, including providing, or providing for, a service that identifies, describes, and provides location information for government information through electronic means, and that assists government agencies in making their information more readily available to the public;

(10) Collecting and distributing copies of state publications, as defined in RCW 40.06.010, prepared by any state agency for distribution. The state library shall maintain the state publications distribution center, as provided in chapter 40.06 RCW. The office of the secretary of 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 each publication;

(11) Providing for the sale of library material in accordance with RCW 27.12.305;

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

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

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

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

(16) 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; ((~~and~~))

(17) Serving as an interlibrary loan, information, reference, and referral resource for all libraries in the state. The state library may charge lending fees to other libraries ((~~who [that]~~)) that charge the state library for similar services. Money paid as fees shall be retained by the state library as a recovery of costs; and

(18) Accepting and expending in accordance with the terms thereof grants of federal, state, local, or private funds. For the purpose of qualifying to receive such grants, the state librarian is authorized to make applications and reports required by the grantor.

Sec. 4. RCW 27.04.055 and 1999 c 123 s 4 are each amended to read as follows:

No library serving a community having over four thousand population, nor any library operated by the state or under its authority, may have in its employ, in the position of librarian or in any other full-time professional library position, a person who does not hold a librarian's certificate issued by the ((~~commission~~)) state librarian or its predecessor. A full-time professional library position, is one that requires, in the opinion of the ((~~commission~~)) state librarian, a knowledge of information resources and library/information service delivery equivalent to that required for graduation from an accredited library education program. This section does not apply to the state law library or to county law libraries. The state ((~~library commission~~)) librarian shall:

(1) Establish rules for, and prescribe and hold examinations to test, the qualifications of those seeking certificates as librarians;

(2) Grant librarians' certificates without examination to applicants who are graduates of library schools programs accredited or otherwise officially recognized by the American library association for general library training, and grant certificates to other applicants when it has satisfied itself by examination that the applicant has attainments and abilities equivalent to those of a graduate of a library school program accredited or otherwise officially recognized by the American library association; and

(3) Charge a fee to recover the costs associated with the application to be paid by each applicant for a librarian's certificate. Money paid as fees shall be retained by the state library as a recovery of costs.

Sec. 5. RCW 40.06.020 and 1977 ex.s. c 232 s 9 are each amended to read as follows:

There is hereby created as a division of the state library, and under the direction of the state librarian, a state publications distribution center. The center shall utilize the depository library system to permit citizens economical and convenient access to state publications. To this end the secretary of state ((~~library commission~~)) shall make such rules ((~~and regulations~~)) as may be deemed necessary to carry out the provisions of this chapter.

Sec. 6. RCW 40.06.040 and 1981 c 260 s 8 are each amended to read as follows:

To provide economical public access to state publications, the center may enter into depository contracts with any free public library, The Evergreen State College, regional university, or state university library, or, if needed, the library of any privately incorporated college or university in this state. The requirements for eligibility to contract as a depository library shall be established by the secretary of state ((~~library commission~~)) upon recommendations of the state librarian. The standards shall include and take into consideration the type of library, available housing and space for the publications, the number and qualifications of personnel, and availability for public use. The center may also contract with public, out-of-state libraries for the exchange of state and other publications on a reciprocal basis. Any state publication to be distributed to the public and the legislature shall be mailed at the lowest available postal rate.

NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

(1) RCW 27.04.020 (Library commission) and 1999 c 123 s 2, 1984 c 287 s 58, 1975-'76 2nd ex.s. c 34 s 66, 1967 c 198 s 1, 1963 c 202 s 1, 1961 c 45 s 1, & 1941 c 5 s 1; and

(2) RCW 27.04.030 (Duties of commission) and 1999 c 123 s 3, 1987 c 330 s 401, 1986 c 79 s 1, 1984 c 152 s 1, 1943 c 207 s 2, & 1941 c 5 s 2.

NEW SECTION. Sec. 8. This act takes effect July 1, 2002.