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.
