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.
