WASHINGTON STATE LEGISLATIVE HISTORY and ADMINISTRATIVE LAW RESEARCH

1. WASHINGTON STATE LEGISLATIVE HISTORYandADMINISTRATIVE LAW RESEARCH Bridge the Legal Research Gap 2008 Mary Whisner & Cheryl Nyberg

2. What’s coming … • Exposure to Washington legislative history and administrative law research • Why not all the details? • Tedious, time-consuming • Will only make sense to you when you’re doing it for real

3. Why? • Legislative history • Important tool of statutory construction • Common assignment for externs and summer associations • Administrative law • Hey it’s the law • Affects many areas

4. How a Bill Becomes Law • Introduced (House or Senate)– first reading • Referred to committee • Committee holds hearings • Committee recommends action • Referred to Rules Committee

5. Second reading – debate on merits • Third reading – roll call vote on final passage • Sent to second house (repeat all the steps above) • To governor (approve, veto, partial veto)

6. Elements of Legislative History • Language of session law • Committee reports • Debate on House and Senate floor • Sequential versions of the bill • Hearings

7. Problem: • A new law in Washington provides penalties for harassment of a guide dog. It is called Layla’s law. Why was it enacted? Why is it called Layla’s law? Why did the National Federation of the Blind oppose this legislation?

8. Internet Sources • Find This Law: • Start with RCW section • Read session law (ch. 112) • Bill information for 2001 SB 5942

9. Internet (cont.) • Read Committee Reports • House and Senate Journals (floor action) • Not online before ‘05; in print • Committee hearings on TVW • Who was Layla? How can we find out? • http://seattletimes.nwsource.com

10. Paper • The legislature’s online materials only go back to 1997. • But you’ll often care about statutes that were enacted before then. • Buck up: it’s not that bad. • Remember: the research guide will help!

11. Print Process: • RCW to session law to bill number • Versions of bill • Final Legislative Report • Legislative Digest and History of Bills • House and Senate Journals • Olympia: archives, tapes

12. Final Legislative Report Full pages here.

13. Legislative Digest and History of Bills

14. Legis. Digest cont.

15. Senate Journal

16. Polygon NW Co., 2008 WL 921390 (Wash. App.) Our costs statute, RCW 4.84.010, * * * does not include an award of reasonable attorney fees. * * * Indeed, the legislative history of that statute indicates that reasonable attorney fees were specifically omitted. SeeSenate Journal * * * (“* * * They would not get reasonable attorneys' fees.”).

17. Legislative History Research -Tips • Find an article, book chapter, court opinion, or brief that cites legislative history • Determine time to spend on project and weigh the likelihood of success • Use legislature’s site, not WL or LN

18. Administrative Law

19. A Two-Headed Beast • Rules & regulations are quasi-legislative • Decisions & orders arequasi-judicial

20. Rules & Regulations • Issued by executive branch & independent agencies • Under statutory authority (specific or general) • Have the force of law

21. Sources • Washington State Register • Chronological • Proposed& final regulations • Washington Administrative Code (WAC) • In-force regulations • Arranged by agency

22. Free Online

23. Commercial Services LexisNexis • WASH;WAADMN, current • WASH;WAREGS, WAC and State Register combined Westlaw • WA-ADC

24. History of a Regulation • Noted at the end of each section • Refer back to the State Register

25. Administrative Decisions • Apply law to specific parties • Professional & occupational licensing • Workers’ compensation • Have the force of law • Subject to further administrative and/or judicial review

26. Availability • Internet • LexisNexis or Westlaw • Print

27. Commercial Services

28. Tips & Shortcuts • Agency websites • Practice materials • CLEs

30. Gallagher Law Library University of Washington School of Law Box 353025 Seattle WA 98195-3025 http://lib.law.washington.edu • We are happy to have our guides used by other libraries, librarians, and legal researchers. • Before copying or adapting one of our guides, please contact Cheryl Nyberg (cnyberg at u.washington.edu) to obtain permission. Then give appropriate attribution, such as: "Adapted from a guide by Mary Whisner at the Gallagher Law Library website."