Loading in 2 Seconds...
Loading in 2 Seconds...
WASHINGTON STATE LEGISLATIVE HISTORY and ADMINISTRATIVE LAW RESEARCH. Bridge the Legal Research Gap 2008 Mary Whisner & Cheryl Nyberg. What’s coming …. Exposure to Washington legislative history and administrative law research Why not all the details? Tedious, time-consuming
WASHINGTON STATE LEGISLATIVE HISTORYandADMINISTRATIVE LAW RESEARCH Bridge the Legal Research Gap 2008 Mary Whisner & Cheryl Nyberg
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
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
How a Bill Becomes Law • Introduced (House or Senate)– first reading • Referred to committee • Committee holds hearings • Committee recommends action • Referred to Rules Committee
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)
Elements of Legislative History • Language of session law • Committee reports • Debate on House and Senate floor • Sequential versions of the bill • Hearings
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?
Internet Sources • Find This Law: • Start with RCW section • Read session law (ch. 112) • Bill information for 2001 SB 5942
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
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!
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
Final Legislative Report Full pages here.
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.”).
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
A Two-Headed Beast • Rules & regulations are quasi-legislative • Decisions & orders arequasi-judicial
Rules & Regulations • Issued by executive branch & independent agencies • Under statutory authority (specific or general) • Have the force of law
Sources • Washington State Register • Chronological • Proposed& final regulations • Washington Administrative Code (WAC) • In-force regulations • Arranged by agency
Commercial Services LexisNexis • WASH;WAADMN, current • WASH;WAREGS, WAC and State Register combined Westlaw • WA-ADC
History of a Regulation • Noted at the end of each section • Refer back to the State Register
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
Availability • Internet • LexisNexis or Westlaw • Print
Tips & Shortcuts • Agency websites • Practice materials • CLEs
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."