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 –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 sectionRCW section –Read session law (ch. 112)ch. 112  Bill information for 2001 SB 5942SB 5942

Internet (cont.)  Read Committee Reports  House and Senate Journals (floor action) –Not online before ‘05; in print  Committee hearings on TVWTVW  Who was Layla? How can we find out? –

Paper  The legislature’s online materials only go back to  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.here

Legislative Digest and History of Bills

Legis. Digest cont.

Senate Journal

Polygon NW Co., 2008 WL (Wash. App.) Our costs statute, RCW , * * * 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.”).RCW

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

Administrative Law

A Two-Headed Beast 1. Rules & regulations are quasi-legislative 2. Decisions & orders are quasi-judicial

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

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

Free Online

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

Commercial Services

Tips & Shortcuts Agency websites Practice materials CLEs

Gallagher Law Library University of Washington School of Law Box Seattle WA  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."