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WASHINGTON STATE LEGISLATIVE HISTORY

WASHINGTON STATE LEGISLATIVE HISTORY. Professor Penny A. Hazelton Bridge the Legal Research Gap June 23, 2004. Legislative History Defined. Drafting and Introduction of a Bill, its Sequential History Towards Enactment Extrinsic Aid to Determine Legislative Intent.

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WASHINGTON STATE LEGISLATIVE HISTORY

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  1. WASHINGTON STATE LEGISLATIVE HISTORY Professor Penny A. Hazelton Bridge the Legal Research Gap June 23, 2004

  2. Legislative History Defined • Drafting and Introduction of a Bill, its Sequential History Towards Enactment • Extrinsic Aid to Determine Legislative Intent

  3. Legislative History Can Be Cited in Washington • Howlett v. Cheetham (1897)(bill drafts) • Scouten v. Whatcom (1903)(explicit approval) • Statute Must Be Ambiguous • See Wang article, 7 UPS Law Review 571 (1984)

  4. How a Bill Becomes Law • Introduced – 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 • To Governor

  5. Elements of Legislative History • Language of Session Law • Committee Reports • Debate on House and Senate Floor • Sequential Versions of the Bill • Hearings

  6. Legal Research Guide • Gallagher Law Library • http://lib.law.washington.edu/ref/washleghis.html • Regularly Revised by Experts • Checked for Link Rot

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

  8. Compile From Internet Sources • Find This Law: • Start with RCW section http://search.leg.wa.gov/basic/textsearch/default.asp • Bill information for 2001 • http://www.leg.wa.gov/wsladm/billinfo01_02/bills.cfm • Read session law (ch. 112) • Note bill number (ESSB 5942) • Locate Complete History of ESSB 5942 • Choose Bill Information link

  9. Compile from Internet (cont.) • Read Committee Reports • House and Senate Journals (floor action) • Not online; in print • Call Olympia – see Gallagher Guide • Who was Layla? How can we find out? • http://seattletimes.nwsource.com

  10. Problem: • We need to understand the underlying language of the original enactment of Megan’s Law in Washington. This is the law that requires sexual offenders to register.

  11. Compile From Print Sources • Search RCW http://search.leg.wa.gov/basic/textsearch/default.asp • RCW Sec. 9A.44.130 • Note the Session Law (1990 ch. 3 §402) • Laws of Washington • Note the bill number (SSSB 6259) • Final Legislative Report • Legislative Digest and History of Bills • Journal of House and Journal of Senate

  12. Wash. Rev. Code Ann.

  13. Laws of Washington, 1990

  14. Laws of Washington, 1990

  15. Laws of Washington, 1990

  16. Final Legislative Report, 1990

  17. Final Legislative Report, 1990

  18. Final Legislative Report, 1990

  19. Legislative Digest, 1990 Regular

  20. Washington Senate Journal, 1990

  21. Washington Senate Journal, 1990

  22. Legislative History Research -Tips • Find an Article, Book Chapter, Court Opinion, Brief That Refers to the Legislative History Materials • Plan Ahead – Print or Electronic? • Determine Time to Spend on Project • Weigh the Likelihood of Success • Check the Gallagher Research Guide for Material in Olympia

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