CERTIFICATION OF ENROLLMENT

THIRD SUBSTITUTE HOUSE BILL 1741

Chapter 222, Laws of 2008

(partial veto)

60th Legislature
2008 Regular Session



ORAL HISTORY PROGRAM



EFFECTIVE DATE: 06/12/08

Passed by the House March 8, 2008
  Yeas 92   Nays 1

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate March 4, 2008
  Yeas 33   Nays 14


BRAD OWEN
________________________________________    
President of the Senate		 
CERTIFICATE

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is THIRD SUBSTITUTE HOUSE BILL 1741 as passed by the House of Representatives and the Senate on the dates hereon set forth.


BARBARA BAKER
________________________________________    
Chief Clerk
Approved March 28, 2008, 10:31 a.m., with the exception of section 16 which is vetoed.







CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington		 
FILED
March 28, 2008







Secretary of State
State of Washington


_____________________________________________ 

THIRD SUBSTITUTE HOUSE BILL 1741
_____________________________________________

AS AMENDED BY THE SENATE

Passed Legislature - 2008 Regular Session
State of Washington60th Legislature2008 Regular Session

By House Appropriations Subcommittee on General Government & Audit Review (originally sponsored by Representatives Hunt, Skinner, and Conway)

READ FIRST TIME 02/07/08.   



     AN ACT Relating to the oral history program; amending RCW 43.07.220, 43.07.230, 43.07.240, 43.07.365, 43.07.370, 43.07.380, and 42.52.802; 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 8 of this act.

Sec. 3   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 legislative 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. 4   RCW 43.07.230 and 1991 c 237 s 2 are each amended to read as follows:
     ((An)) (1) A legislative oral history ((advisory)) committee is created, which shall consist of the following individuals:
     (((1))) (a) 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))) (b) Four members of the senate, two from each of the two largest caucuses of the senate, appointed by the president of the senate;
     (((3))) (c) The chief clerk of the house of representatives; and
     (((4))) (d) The secretary of the senate((; and
     (5) The secretary of state)).
     (2) Ex officio members may be appointed by a majority vote of the committee's members appointed under subsection (1) of this section.
     (3) The chair of the committee shall be elected by a majority vote of the committee members appointed under subsection (1) of this section.

Sec. 5   RCW 43.07.240 and 1991 c 237 s 3 are each amended to read as follows:
     The legislative 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 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 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. 6   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 7 of this act and through funds in the legislative gift center account created in RCW 44.73.020. The activities may include, but not be limited to, conducting interviews, preparing and indexing transcripts, publishing manuscripts 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. 7   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 8 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. 8   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 7 of this act and from the legislative gift center account created in RCW 44.73.020 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. 9   (1) All powers, duties, and functions of the secretary of state pertaining to the legislative 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 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 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.
     (4) 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.
     (5) 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.
     (6) 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.
     (7) 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. 10   A new section is added to chapter 43.07 RCW to read as follows:
     (1) The secretary of state shall administer and conduct a program to record and document oral histories of current and former members and staff of the Washington state executive and judicial branches, the state's congressional delegation, and other citizens who have participated in the political history of Washington state. The program shall be called the Washington state legacy project. The secretary of state may contract with independent oral historians or history departments of the state universities to interview and record oral histories. The manuscripts and publications shall be 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 be posted on the secretary of state's web site.
     (2) The Washington state legacy project may act as a principal repository for oral histories related to community, family, and other various projects.
     (3) 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.
     (4) The secretary of state may create a Washington state legacy project advisory council to provide advice and guidance on matters pertaining to operating the legacy project. The secretary of state may not compensate members of the legacy project advisory council but may provide reimbursement to members for expenses that are incurred in the conduct of their official duties.

Sec. 11   RCW 43.07.365 and 2002 c 358 s 3 are each amended to read as follows:
     The secretary of state may fund ((oral history)) Washington state legacy project activities through donations as provided in RCW 43.07.037. 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 ((oral history program)) Washington state legacy project may not be accepted. The secretary of state shall adopt rules necessary to implement this section.

Sec. 12   RCW 43.07.370 and 2007 c 523 s 3 are each amended to read as follows:
     (1) The secretary of state 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 the following purposes:
     (a) Conducting ((oral histories)) the Washington state legacy project;
     (b) Archival activities;
     (c) Washington state library activities; and
     (d) Development, construction, and operation of the Washington state heritage center.
     (3)(a) Moneys received under subsection (2)(a) through (c) of this section must be deposited in the ((oral history)) Washington state legacy project, state library, and archives account established in RCW 43.07.380.
     (b) Moneys received under subsection (2)(d) of this section must be deposited in the Washington state heritage center account created in RCW 43.07.129.
     (4) The secretary of state shall adopt rules to govern and protect the receipt and expenditure of the proceeds.

Sec. 13   RCW 43.07.380 and 2003 c 164 s 2 are each amended to read as follows:
     The ((oral history)) Washington state legacy project, 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)) Washington state legacy project under section 10 of this act, archives program under RCW 40.14.020, and the state library program under chapter 27.04 RCW. 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. 14   RCW 42.52.802 and 2003 c 164 s 4 are each amended to read as follows:
     This chapter does not prohibit the secretary of state or a designee from soliciting and accepting contributions to the ((oral history)) Washington state legacy project, state library, and archives account created in RCW 43.07.380.

NEW SECTION.  Sec. 15   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. 16   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void.
     *Sec. 16 was vetoed. See message at end of chapter.


         Passed by the House March 8, 2008.
         Passed by the Senate March 4, 2008.
         Approved by the Governor March 28, 2008, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State March 28, 2008.

     Note: Governor's explanation of partial veto is as follows:

"I am returning, without my approval as to Section 16, Third Substitute House Bill 1741 entitled:

     "AN ACT Relating to the oral history program."

Sections 1 through 15 of this bill transfer the legislative portion of the Oral History Program, now called the Legislative Oral History Project, from the Office of the Secretary of State to the Legislature. The Secretary of State will continue to conduct and record histories of the Washington state executive and judicial branches, the state's congressional delegation, and other citizens who have participated in the political history of the state under a new program called the Washington State Legacy Project.

Section 16 would declare this act null and void if funding were not provided specifically for this measure in the omnibus appropriations act. The bill provides for funding for legislative oral history projects to come from proceeds from the Legislative Gift Center. The scope of oral history projects conducted can vary depending upon the resources available.

In order to preserve the policy in the bill, I am vetoing Section 16 to permit the bill to become law even if the money is removed from the budget.

For this reason, I have vetoed Section 16 of Third Substitute House Bill 1741.

With the exception of Section 16, Third Substitute House Bill 1741 is approved."