ESHB 1741 -
By Committee on Government Operations & Elections
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 Washington has developed an impressive oral
history program of recording and documenting the recollections of
public officials and citizens who have contributed to the rich
political history surrounding the legislature. Schools, museums,
historians, state agencies, and interested citizens have benefited from
the availability of these educational materials. The purpose of this
act is to enhance this resource by reinforcing the decision-making role
of the legislature.
NEW SECTION. Sec. 2 A new section is added to chapter 42.52 RCW
to read as follows:
This chapter does not prohibit the secretary of the senate, the
chief clerk of the house of representatives, or their designee from
soliciting and accepting contributions to the legislative oral history
account created in section 9 of this act.
Sec. 3 RCW 43.07.380 and 2003 c 164 s 2 are each amended to read
as follows:
The oral history, state library, and archives account is created in
the custody of the state treasurer. All moneys received under RCW
43.07.370 must be deposited in the account. Expenditures from the
account may be made only for the purposes of the ((oral history program
under RCW 43.07.220,)) archives program under RCW 40.14.020, ((and))
the state library program under chapter 27.04 RCW, and for conducting
oral histories under section 11 of this act. Only the secretary of
state or the secretary of state's designee may authorize expenditures
from the account. An appropriation is not required for expenditures,
but the account is subject to allotment procedures under chapter 43.88
RCW.
Sec. 4 RCW 43.07.220 and 1991 c 237 s 1 are each amended to read
as follows:
(1) The secretary of ((state)) the senate and the chief clerk of
the house of representatives, at the direction of the oral history
advisory committee, shall administer and conduct a program to record
and document oral histories of current and former members and staff of
the Washington state legislature, ((current and former state government
officials and personnel,)) and other citizens who have participated in
the political history of the Washington state legislature. The
secretary of ((state shall)) the senate and the chief clerk of the
house of representatives may contract with independent oral historians
((and through)) or the history departments of the state universities to
interview and record oral histories. The ((tapes and tape
transcripts)) manuscripts and publications shall be ((indexed and))
made available for research and reference through the state archives.
The ((transcripts)) manuscripts, together with current and historical
photographs, may be published for distribution to libraries and ((for
sale to)) the general public, and posted on the legislative oral
history web site.
(2) The oral history of a person who occupied positions, or was
staff to a person who occupied positions, in more than one branch of
government, shall be conducted by the entity authorized to conduct oral
histories of persons in the position last held by the person who is the
subject of the oral history. However, the person being interviewed may
select the entity he or she wishes to prepare his or her oral history.
Sec. 5 RCW 43.07.230 and 1991 c 237 s 2 are each amended to read
as follows:
An oral history advisory committee is created, which shall consist
of the following individuals:
(1) Four members of the house of representatives, two from each of
the two largest caucuses of the house, appointed by the speaker of the
house of representatives;
(2) Four members of the senate, two from each of the two largest
caucuses of the senate, appointed by the president of the senate;
(3) The chief clerk of the house of representatives;
(4) The secretary of the senate; and
(5) The secretary of state.
Ex officio members may be appointed by a majority vote of the
committee's members. The chair of the committee shall be elected by a
majority vote of the committee members.
Sec. 6 RCW 43.07.240 and 1991 c 237 s 3 are each amended to read
as follows:
The oral history advisory committee shall have the following
responsibilities:
(1) To select appropriate oral history interview candidates and
subjects;
(2) To select transcripts or portions of transcripts, and related
historical material, for publication;
(3) To advise the secretary of state, the secretary of the senate,
and the chief clerk of the house of representatives on the format and
length of individual interview series and on appropriate issues and
subjects for related series of interviews;
(4) To advise the secretary of state, the secretary of the senate,
and the chief clerk of the house of representatives on the appropriate
subjects, format, and length of interviews and on the process for
conducting oral history interviews ((with subjects currently serving in
the Washington state legislature));
(5) To advise the secretary of ((state)) the senate and the chief
clerk of the house of representatives on joint programs and activities
with state universities, colleges, museums, and other groups conducting
oral histories; and
(6) To advise the secretary of ((state)) the senate and the chief
clerk of the house of representatives on other aspects of the
administration of the oral history program and on the conduct of
individual interview projects.
NEW SECTION. Sec. 7 A new section is added to chapter 44.04 RCW
to read as follows:
The secretary of the senate and the chief clerk of the house of
representatives may fund oral history activities through donations as
provided in section 8 of this act. The activities may include, but not
be limited to, conducting interviews, preparing and indexing
transcripts, publishing transcripts and photographs, and presenting
displays and programs. Donations that do not meet the criteria of the
legislative oral history program may not be accepted. The secretary of
the senate and the chief clerk of the house of representatives shall
adopt joint rules necessary to implement this section.
NEW SECTION. Sec. 8 A new section is added to chapter 44.04 RCW
to read as follows:
(1) The secretary of the senate and the chief clerk of the house of
representatives may solicit and accept gifts, grants, conveyances,
bequests, and devises of real or personal property, or both, in trust
or otherwise, and sell, lease, exchange, invest, or expend these
donations or the proceeds, rents, profits, and income from the
donations except as limited by the donor's terms.
(2) Moneys received under this section may be used only for
conducting oral histories.
(3) Moneys received under this section must be deposited in the
legislative oral history account established in section 9 of this act.
(4) The secretary of the senate and the chief clerk of the house of
representatives shall adopt joint rules to govern and protect the
receipt and expenditure of the proceeds.
NEW SECTION. Sec. 9 A new section is added to chapter 44.04 RCW
to read as follows:
The legislative oral history account is created in the custody of
the state treasurer. All moneys received under section 8 of this act
must be deposited in the account. Expenditures from the account may be
made only for the purposes of the legislative oral history program
under RCW 43.07.220 (as recodified by this act). Only the secretary of
the senate or the chief clerk of the house of representatives or their
designee may authorize expenditures from the account. An appropriation
is not required for expenditures, but the account is subject to
allotment procedures under chapter 43.88 RCW.
NEW SECTION. Sec. 10 (1) All powers, duties, and functions of
the secretary of state pertaining to the oral history program are
transferred to the secretary of the senate and the chief clerk of the
house of representatives. All references to the secretary of state or
the office of the secretary of state in the Revised Code of Washington
shall be construed to mean the secretary of the senate and the chief
clerk of the house of representatives when referring to the functions
transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the secretary of state
pertaining to the powers, functions, and duties transferred shall be
delivered to the custody of the secretary of the senate and the chief
clerk of the house of representatives. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property employed by the
secretary of state in carrying out the powers, functions, and duties
transferred shall be made available to the secretary of the senate and
the chief clerk of the house of representatives. All funds, credits,
or other assets held in connection with the powers, functions, and
duties transferred shall be assigned to the secretary of the senate and
the chief clerk of the house of representatives.
(b) Any appropriations made to the secretary of state for carrying
out the powers, functions, and duties transferred shall, on the
effective date of this section, be transferred and credited to the
Secretary of the senate and the chief clerk of the house of
representatives.
(c) Whenever 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 secretary of state engaged in performing
the powers, functions, and duties transferred are transferred to the
jurisdiction of the secretary of the senate and the chief clerk of the
house of representatives. All employees classified under chapter 41.06
RCW, the state civil service law, are assigned to the secretary of the
senate and the chief clerk of the house of representatives 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 secretary of
state pertaining to the powers, functions, and duties transferred shall
be continued and acted upon by the secretary of the senate and the
chief clerk of the house of representatives. All existing contracts
and obligations shall remain in full force and shall be performed by
the secretary of the senate and the chief clerk of the house of
representatives.
(5) The transfer of the powers, duties, functions, and personnel of
the secretary of state 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 public
employment relations commission as provided by law.
(8) The secretary of the senate and the chief clerk of the house of
representatives will determine location and staff reporting for the
program.
NEW SECTION. Sec. 11 A new section is added to chapter 43.07 RCW
to read as follows:
(1) The secretary of state, in consultation with the oral history
advisory committee in RCW 43.07.230, may administer and conduct a
program to record and document oral histories of current and former
state government officials and personnel, and other citizens who have
participated in the political history of Washington state. The
secretary of state may contract with independent oral historians or the
history departments of the state universities to interview and record
oral histories. The manuscripts and publications shall be indexed and
made available for research and reference through the state archives.
The manuscripts, together with current and historical photographs, may
be published for distribution to libraries and the general public, and
posted on the secretary of state's web site.
(2) The oral history of a person who occupied positions, or was
staff to a person who occupied positions, in more than one branch of
government, shall be conducted by the entity authorized to conduct oral
histories of persons in the position last held by the person who is the
subject of the oral history. However, the person being interviewed may
select the entity he or she wishes to prepare his or her oral history.
Sec. 12 RCW 43.07.037 and 1996 c 253 s 105 are each amended to
read as follows:
The secretary of state ((and the council)) may accept gifts,
grants, conveyances, bequests, and devises, of real or personal
property, or both, in trust or otherwise, and sell, lease, exchange,
invest, or expend these donations or the proceeds, rents, profits, and
income from the donations except as limited by the donor's terms. The
secretary of state shall adopt rules to govern and protect the receipt
and expenditure of the proceeds.
NEW SECTION. Sec. 13 The following are each recodified as
sections in chapter 44.04 RCW:
RCW 43.07.220
RCW 43.07.230
RCW 43.07.240
NEW SECTION. Sec. 14 A new section is added to chapter 42.17 RCW
to read as follows:
The sponsor of a mailed political advertising must, within two
working days after the date of the mailing, file an example of the
mailed political advertising with the secretary of state for inclusion
with the state archives and records under chapter 40.14 RCW."
ESHB 1741 -
By Committee on Government Operations & Elections
On page 1, line 1 of the title, after "program;" strike the remainder of the title and insert "amending RCW 43.07.380, 43.07.220, 43.07.230, 43.07.240, and 43.07.037; adding a new section to chapter 42.52 RCW; adding new sections to chapter 44.04 RCW; adding a new section to chapter 43.07 RCW; adding a new section to chapter 42.17 RCW; creating new sections; and recodifying RCW 43.07.220, 43.07.230, and 43.07.240."