Washington State Legislative History Legal Research I

1. Washington State Legislative HistoryLegal Research I Mary Whisner, Gallagher Law Library Nov. 2010

2. Why? • Aid in interpreting statutes • Can be cited to court (if statute ambiguous) • History, policy • Future arguments to legislators Nov. 2010

3. A Bill’s Life • Introduced (House or Senate)– first reading • Referred to committee • Committee holds hearings • Committee recommends action • Referred to Rules Committee Nov. 2010

4. 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) • More Nov. 2010

5. Elements of Legislative History • Language of session law • Committee reports • Debate on House and Senate floor • Sequential versions of the bill • Hearings Nov. 2010

6. Example: Online • Layla’s Law provides penalties for harassment of a guide dog. • Why was it enacted? • Why is it called Layla’s law? • What groups supported or opposed it? Nov. 2010

7. RCW 9.91.170 [2003 c 53 § 52; 2001 c 112 § 2.] Bill information for SB 5942 (path) Nov. 2010

8. Read Committee Reports • House and Senate Journals (floor action) • Committee hearings on TVW Nov. 2010

9. News Sources • Who was Layla? • http://seattletimes.nwsource.com Nov. 2010

10. Example: Print • RCW § 4.84.010 • [2009 c 240 § 1; 2007 c 121 § 1; 1993 c 48 § 1; 1984 c 258 § 92; 1983 1st ex.s. c 45 § 7; Code 1881 § 505; 1877 p 108 § 509; 1869 p 123 § 459; 1854 p 201 § 367; RRS § 474.] Nov. 2010

11. Final Legislative Report Nov. 2010

12. Legis. Digest & Hist. of Bills Nov. 2010

13. Senate Journal Nov. 2010

14. Polygon Northwest Co., 143 Wash.App. 753 (2008) • 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. See SENATE JOURNAL * * * (“* * * They would not get reasonable attorneys' fees.”). Nov. 2010

15. Initiatives and Referendums Wa. Const. Art. II sec. 1: LEGISLATIVE POWERS, WHERE VESTED. The legislative authority of the state of Washington shall be vested in the legislature, consisting of a senate and house of representatives, which shall be called the legislature of the state of Washington, Nov. 2010

16. but the people reserve to themselves the power to propose bills, laws, and to enact or reject the same at the polls, independent of the legislature, and also reserve power, at their own option, to approve or reject at the polls any act, item, section, or part of any bill, act, or law passed by the legislature. Nov. 2010

17. Initiatives and Referendums • Elections and Voting • Initiative 841 • Initiative to the People • summary, text • voters pamphlet • What else would you want to know? Nov. 2010

18. Beth Williams, Researching Washington State Initiatives and Referendums, 26 (3-4) Legal Reference Servs. Q. 309 (2008) Nov. 2010

19. Legislative History 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 Nov. 2010

20. Questions? Nov. 2010

21. 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 and presentations used by other libraries, librarians, and legal researchers. • Before copying or adapting one of our works, please contact Cheryl Nyberg (cnyberg at uw.edu) to obtain permission. Then give appropriate attribution, such as: "Adapted from a guide by Mary Whisner at the Gallagher Law Library website."  Nov. 2010