BILL REQ. #:  H-2330.1 

READ FIRST TIME 02/23/07.   

     AN ACT Relating to the oral history program; 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; creating new sections; and recodifying RCW 43.07.220, 43.07.230, and 43.07.240.

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

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 shall be indexed and made available for research and reference through the state archives. The transcripts, 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 a legislator and 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, at the direction of 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 tapes and tape transcripts shall be indexed and made available for research and reference through the state archives. The transcripts, 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