READ FIRST TIME 03/07/05.   

     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, and 40.06.050; 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 secretary of state through the state library must 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((. 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 copies of each publication)) to provide copies of materials that are not available in electronic format to state depository libraries;
     (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.
     (2))) "Electronic repository" means a collection of publicly accessible electronic publications stored in a secure digital environment with redundant backup to preserve the collection.
     (2) "Format" includes any media used in the publication of state information including electronic, print, audio, visual, and microfilm.
     (3) "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))) (4) "State publication" means information published by state agencies, regardless of format, intended for distribution to state government or the public. 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 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, regardless of 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 ((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))) submit to the state library copies of published information that are state publications.
     (a) For state publications available only in print format, each state agency shall deposit, at a minimum, two copies of each of its publications with the state library. For the purposes of broad public access, state agencies may deposit additional copies with the state library for distribution to additional depository libraries.
     (b) For state publications available only in electronic format, each state agency shall deposit one copy of each of its publications with the state library.
     (c) For state publications available in both print and electronic format, each state agency shall deposit two print copies and one electronic copy of the publication with the state library.
     (2) Annually, each state agency shall provide the state library with a listing of all its publications made available to state government and the public during the preceding year, including those published in electronic form. The secretary of state shall, by rule, establish the annual date by which state agencies must provide the list of its publications to the state library.
     (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) Upon consent of the issuing state agency, such state publications as are printed by the public printer shall be delivered directly to the center.

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.