BILL REQ. #:  Z-0601.1 

Read first time 02/18/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to state publication preservation by state library services within the office of the secretary of state; amending RCW 27.04.045, 40.06.010, 40.06.020, 40.06.030, 40.06.040, 40.06.050, 40.07.020, and 40.07.030; and creating a new section.

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

NEW SECTION.  Sec. 1   The state of Washington recognizes that an informed citizenry is indispensable to the proper functioning of a democratic society. It is the basic right of citizens to know about the activities of their government, to benefit from the information developed at public expense, and to have permanent access to the information published by state agencies.
     The state library within the office of the secretary of state should ensure permanent public access to public state government publications, regardless of the format, and prescribe the conditions for use of state publications in depository libraries.

Sec. 2   RCW 27.04.045 and 2002 c 342 s 3 are each amended to read as follows:
     The state librarian shall be responsible and accountable for the following functions:
     (1) 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 to provide copies of materials that are not available in electronic format to state depository libraries. The office of the secretary of state, on recommendation of the state librarian, may provide by rule for deposit with the state library of up to ((three)) two 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;
     (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 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. 3   RCW 40.06.010 and 1977 ex.s. c 232 s 8 are each amended to read as follows:
     As used in this chapter:
     (1) (("Print" includes all forms of reproducing multiple copies, with the exception of typewritten correspondence and interoffice memoranda.)) "Format" includes any media used in the publication of state information including electronic, print, audio, visual, and microfilm.
     (2) "State agency" includes every state office, officer, department, division, bureau, board, commission and agency of the state, and, where applicable, all subdivisions of each.
     (3) "State publication" means information published by state agencies intended for distribution to state government or the public, including publications issued electronically or in other formats. Examples may include((s)) annual, biennial, and special reports required by law, state agency newsletters, periodicals, and magazines, ((books, pamphlets, leaflets, and all other materials, other than news releases sent exclusively to the news media, typewritten correspondence and interoffice memoranda, issued in print by the state, the legislature, constitutional officers, or any state department, committee, or other state agency supported wholly or in part by state funds)) and other printed informational material intended for general dissemination to state agencies, the public, or the legislature.

Sec. 4   RCW 40.06.020 and 2002 c 342 s 5 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 in any format. To this end the secretary of state shall make such rules as may be deemed necessary to carry out the provisions of this chapter.

Sec. 5   RCW 40.06.030 and 1977 ex.s. c 232 s 10 are each amended to read as follows:
     (1) Every state agency shall promptly and electronically submit to the state library copies of published information that are state publications and that conform to state library and the office of financial management standards of any electronic or print publication. For publications not electronically available, each state agency shall deposit copies of each of its state publications with the state library in quantities as certified by the state librarian as required to meet the needs of the depository library system. Upon consent of the issuing state agency such state publications as are printed by the public printer shall be delivered directly to the center.
     (2) For print publications, in addition to the electronic files, each state agency shall deposit copies of each of its state publications with the state library in quantities as certified by the state librarian as required to meet the needs of the depository library system. Other materials that are state publications shall be deposited with the state library in the appropriate format as a public record.
     (3) In the interest of economy and efficiency, the state librarian may specifically or by general rule exempt a given state publication or class of publications from the requirements of this section in full or in part.
     (4) Each issuing state agency shall make available by March 15th each year to the state library an annual listing of all its publications, including those produced in electronic form, made available to state government and the public during the preceding year.

Sec. 6   RCW 40.06.040 and 2002 c 342 s 6 are each amended to read as follows:
     (1) 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 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.
     (2) The office of the secretary of state through the state librarian shall preserve and make accessible state agency electronic publications deposited with the state library through an electronic repository.

Sec. 7   RCW 40.06.050 and 1963 c 233 s 5 are each amended to read as follows:
     The center shall publish and distribute regularly a list of available state publications, and may publish and distribute such other descriptive ((printed)) matter as will facilitate the distribution of and access to state publications.

Sec. 8   RCW 40.07.020 and 1989 c 175 s 86 are each amended to read as follows:
     The terms defined in this section shall have the meanings indicated when used in this chapter.
     (1) "Director" means the director of financial management.
     (2) "Electronic repository" is a collection of electronic publications kept in a secure environment with adequate backup to protect the collection.
     (3) "Format" has the definition in RCW 40.06.010.
     (4) "State agency" includes every state office, department, division, bureau, board, commission, committee, higher education institution, community college, and agency of the state and all subordinate subdivisions of such agencies in the executive branch financed in whole or in part from funds held in the state treasury, but does not include the offices of executive officials elected on a statewide basis, agricultural commodity commissions, the legislature, the judiciary, or agencies of the legislative or judicial branches of state government.
     (((3))) (5)(a) "State publication" means ((publications of state agencies and shall)) information published by state agencies intended for distribution to state government or the public, including publications issued electronically or in other formats. Examples may include any annual and biennial reports, any special report required by law, state agency newsletters, periodicals and magazines, and other printed informational material intended for general dissemination to the public or to the legislature.
     (b) "State publication" may include such other state agency ((printed)) informational material as the director may prescribe by rule or regulation, in the interest of economy and efficiency, after consultation with the governor, the state librarian, and any state agencies affected.
     (c) "State publication" does not include:
     (i) Business forms, preliminary draft reports, working papers, or copies of testimony and related exhibit material prepared solely for purposes of a presentation to a committee of the state legislature;
     (ii) Typewritten correspondence and interoffice memoranda, and staff memoranda and similar material prepared exclusively as testimony or exhibits in any proceeding in the courts of this state, the United States, or before any administrative entity;
     (iii) Any notices of intention to adopt rules under RCW 34.05.320;
     (iv) Publications relating to a multistate program financed by more than one state or by federal funds or private subscriptions; or
     (v) News releases sent exclusively to the news media.
     (((4) "Print" includes all forms of reproducing multiple copies with the exception of typewritten correspondence and interoffice memoranda.))

Sec. 9   RCW 40.07.030 and 1977 ex.s. c 232 s 3 are each amended to read as follows:
     (1) Any annual, biennial, or special report required to be made by any state officer, board, agency, department, commissioner, regents, trustees, or institution to the governor or to the legislature may be typewritten and a copy shall be filed with the governor, or the governor's designee, and the legislature as the law may require. ((An additional copy shall be filed with the state library as a public record.))
     (2) Each state agency shall promptly and electronically submit to the state library each of the agency's state publications in a manner that conforms to state library and the office of financial management standards.
     (3) For print publications, in addition to the electronic files, each state agency shall deposit copies of each of its state publications with the state library in quantities as certified by the state librarian as required to meet the needs of the depository library system. Other state publications shall be deposited with the state library in the appropriate format as a public record.
     (4) Each agency shall assign a designee as a contact for the state librarian regarding agency publications and shall notify the state library of the assigned designee.
     (5) The agency director or the agency's director's designee may selectively review state publications in order to determine if specific state publications are economically and effectively contributing to the accomplishment of state agency program objectives. The agency director or the agency director's designee shall provide general guidelines as to the number of copies to be printed for use or distribution by the issuing agency and any public or other distribution under chapter 40.06 RCW as now or hereafter amended, or other applicable directives.
     (((3))) (6) No agency head shall recommend a state publication for printing and distribution, other than those required by law, unless the benefits from the publication and distribution thereof to the citizens and taxpayers of this state clearly exceed the costs of preparation, printing, and distribution.
     (((4))) (7) The agency director, after consultation with affected agencies, shall prepare and publish guidelines for use by state agencies in determining and evaluating the benefits and costs of current and proposed state publications. All state agencies shall evaluate each new state publication they propose and shall annually evaluate each continuing state publication they produce in accordance with the guidelines published by the director.
     (((5))) (8) The agency director shall, after consultation with affected state agencies, also provide by general rules ((and regulations)) for overall control of the quality of the printing of state publications. Necessary publications are to be prepared and printed in the most economic manner consistent with effectiveness and achievement of program objectives.