Nov. 2010

Washington State Legislative History

Legal Research IMary Whisner, Gallagher Law Library

Nov. 2010

Why?

• Aid in interpreting statutes• Can be cited to court (if statute

ambiguous)

• History, policy• Future arguments to legislators

Nov. 2010

A Bill’s Life• Introduced (House or Senate)– first

reading• Referred to committee• Committee holds hearings• Committee recommends action• Referred to Rules Committee

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• 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

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Elements of Legislative History

• Language of session law• Committee reports• Debate on House and Senate floor• Sequential versions of the bill• Hearings

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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?

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

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• Read Committee Reports• House and Senate Journals (floor action)• Committee hearings on TVW

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News Sources• Who was Layla?– http://seattletimes.nwsource.com

Nov. 2010

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

Final Legislative Report

Nov. 2010

Legis. Digest & Hist. of Bills

Nov. 2010

Senate Journal

Nov. 2010

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

Initiatives and ReferendumsWa. 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

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

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

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

Nov. 2010

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

Questions?

Nov. 2010

Gallagher Law LibraryUniversity of Washington School of LawBox 353025Seattle WA 98195-3025http://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."