Legislative History: Federal and Washington

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Legislative HistoryFederal and Washington

• Bridge the Legal Research Gap 2006
• Ann Hemmens
• University of Washington Law Library

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What is Legislative History?

• The progress of a bill through the legislative
  process
• The documents created during that process
• versions of bills and amendments, committee
  reports, debates, and hearings

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Why does it matter?

• Courts look to legislative history (LH) to
  interpret unclear statutory language determine
  intent of Congress
• Stephen Breyer, On the Uses of Legislative
  History in Interpreting Statutes, 65 S. Cal. L.
  Rev. 845 (1992).
• Reasonable uses of LH
• avoid an absurd result
• correct a drafting error
• recognize specialized meanings of words (e.g.,
  standing)
• identify reasonable purpose of phrase
• choose among reasonable interpretations on
  politically controversial issue
• Argue against use of LH
• Plain meaning rule (look to the language of the
  statute)

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Washington Court of Appeals uses Legislative
History

• When a statute is ambiguous, we apply principles
  of statutory construction, legislative history,
  and relevant case law, giving effect to the
  Legislature's intent.
• State v. Manro, 125 Wash.App. 165, 173 (2005)
• West Digest Topic Statutes Key Number
  217.2
• 361k217.2 k. Legislative History of Act.

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U.S. Supreme Court looks to Legislative History

• As for the propriety of using legislative
  history at all, common sense suggests that
  inquiry benefits from reviewing additional
  information rather than ignoring it. . . Our
  precedents demonstrate that the Court's practice
  of utilizing legislative history reaches well
  into its past. See, e.g., Wallace v. Parker, 6
  Pet. 680, 687-690, 8 L.Ed. 543 (1832). We suspect
  that the practice will likewise reach well into
  the future.
• Wisconsin Public Intervenor v. Mortier, 501 U.S.
  597, 610 (1991)

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Questions Answered in Legislative History

• Who sponsored this legislation and why? What did
  he or she say about it during debates?
• How did the language of the law change in various
  versions of the bill?
• What did the Committee recommend in their Report?

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Most important legislative history materials, in
order

• Committee Reports (contain analysis
  recommendations)
• Bills (including different versions amendments)
• Sponsor remarks made on House or Senate floor
  (debates)
• Committee hearings (public hearings held by
  committees considering bills)

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Federal Legislative History

• Research Guide http//lib.law.washington.edu/ref/f
  edlegishist.html
• Remember
• CIS Index / LexisNexis Congressional
• THOMAS http//thomas.loc.gov/
• USCCAN (United States Code Congressional and
  Administrative News)

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Step 1Look for Compiled Legislative History

• Sources of Compiled Legislative Histories A
  Bibliography of Government Documents, Periodical
  Articles, and Books, 1st Congress-105th Congress
  (by Nancy P. Johnson)
• Hein Online database contains a Legislative
  History Library with 15 compiled legislative
  histories.
• USA Patriot Act
• Americans with Disabilities Act of 1990

• Search Library Catalogs
• USA PATRIOT Act A Legislative History
• Federal Estate, Gift, And Generation-Skipping
  Taxes A Legislative History

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Step 2 Identify LH Documents

• CIS Index Legislative Histories
• Print
• Online
• LexisNexis Congressional (available at UW)
  http//lib.law.washington.edu/research/dbind.html
• Lexis (Legal gt Federal Legal - U.S. gt Legislative
  Histories Materials gt US - CIS Legislative
  Histories)
• THOMAS website

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CIS Index (LexisNexis Congressional) Search for
Legislative Histories by keyword or Public Law or
Bill Number.
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Antiterrorism and Effective Death Penalty Act of
1996, Pub.L. No. 104-132
LexisNexis Congressional Link to Bills, Debates,
Reports, Hearings etc.
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Thomas http//thomas.loc.gov/

• Free website
• Reliable (Library of Congress)
• Contains public laws, committee reports, bills,
  debates, hearings
• Example
• Partial Birth Abortion Ban Act of 2003 (108th
  Congress)

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Search by keyword across multiple
Congresses (1989 current)
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Search for Bills by keyword (1989-present)
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THOMAS Bill Summary and Status
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Partial Birth Abortion Ban Act of 2003 on THOMAS
THOMAS Links to Reports, Debates, Votes,
Public Laws etc.
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Step 3 Locate the Documents

• Committee Reports Public Laws
• United States Code Congressional and
  Administrative News (USCCAN), 1941-date.
• Print OR Westlaw (USCCAN)
• Westlaw Graphical Statutes
• CIS Legislative Histories online (LexisNexis
  Congressional or Lexis)
• THOMAS (http//thomas.loc.gov)

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Sample Documents

• Partial Birth Abortion Ban Act of 2003
• Pub.L. No. 108-105 (Public Law)
• H. REP. NO. 108-288 (House Report)

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Use Adobes SEARCH function
Public Law cite to 18 U.S.C. 1531 found in
margin
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Westlaw Graphical Statutes
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Westlaw GRAPHICAL STATUTES Link to Public Law,
Bills, Reports, Debates, Hearings from
the statute (U.S.C.)
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USCCAN Contains Public Laws Committee Reports
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View Public Law link to Legislative History Docu
ments
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Step 3 Locate the Documents Committee Hearings

• GPO Access
• covers 1997-date, selective.
• http//www.gpoaccess.gov/chearings/index.html
• only online source of official published hearings
  (other sources are testimony transcripts only).
• Partial Birth Abortion Ban Act of 2003.

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www.gpoaccess.gov free source of
Congressional publications (e.g., hearings)
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Step 4Analyzing the Documents

• Norman J. Singer, Statutes and Statutory
  Construction (6th ed.).
• also known as Sutherland on Statutory
  Construction
• Ronald Benton Brown et al., Statutory
  Interpretation The Search for Legislative Intent
  (2002).

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Washington State Legislative History Research
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Basics of WA Legislative History Research

• In 1897, WA Supreme Court looked at sequential
  drafts of a bill to determine legislative intent.
• Howlett v. Cheetham, 17 Wash. 626 (1897).

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Basics of WA Legislative History Research

• Materials (mid 1970s-current)
• Available
• in print at law libraries
• WA Legislatures website, TVW website, Westlaw
  LexisNexis.
• Types of Materials?
• Bill Files, Committee Reports, versions of bills,
  House Senate Journals (audiotapes of debates),
  Committee Meetings (audiotapes)
• Contact People
• WA State Archives -- request copies of Bill
  File
• House Senate Journal Clerks audiotape of
  Debates

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Washington Legislative History

• Research Guide http//lib.law.washington.edu/ref/
  washleghis.html
• Remember
• Legislatures website
• State Archives
• TVW website

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Step 1 Start with RCW section

• RCW 9.91.170Interfering with dog guide or
  service animal.
• Statutory history in parenthetical
• 2003 c 53 52 2001 c 112 2.
• WA Legislatures RCW page
• http//apps.leg.wa.gov/rcw/

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• WA Legislatures website
• Bill Information (1997-current)
• Laws and Agency Rules (RCW)

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Step 1 RCW 9.91.170
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Step 2 Look at Session Law to Get Bill Number

• WA Legislatures Bill Information page,
  http//apps.leg.wa.gov/billinfo/
• Legislative documents
• bills amendments, session laws, committee
  reports (1997 current)
• How to find Bill Number?
• Chapter to Bill Table, RCW to Bill Table, Topical
  Index
• Example Use Session Law to Bill Table
• (2001, c.112 2) ? Senate Bill 5942 Increasing
  penalties for crimes against dog guides and
  service animals

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What is the bill number? Use Bill to Law Cross
Reference Tables
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Bill Information page Search for legislative
documents by Bill or keyword (1997-current)
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Step 2 Bill Information Page
Links to bills, amendments, reports etc.
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Step 3Documents Available Online(1997-current)

• House and Senate Committee Reports
• Final Legislative Report (Final Bill Report)
• (in print 1979-current)
• Bills Amendments
• Legislative Digest and History of Bills
  (chronology reporting committee)
• (in print 1970-current)
• Roll Call Votes

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Step 4WA House Senate Journals

• In print at law libraries (1889-current)
• online at Legislatures website (2005-current).
• Includes
• dates of floor action
• amendments
• point of inquiry or debate ensued (debate
  about a bill)
• Debates are not printed in Journal they are
  available on audiotape from House or Senate
  Journal clerks (not transcribed).

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WA Senate Journal Example

• Journal of the Senate (March 12, 2001)
• POINT of INQUIRY
• concerning Engrossed Substitute Senate Bill No.
  5372
• Senator Brown Senator Prentice, is it the
  intent of this legislation to provide only for
  agreements with twelve tribes that own and
  operate smoke shops and not provide a precedent
  for other tribes which have different
  circumstances such as independent smoke shops
  that are licensed by the tribal government, such
  as Puyallup?
• Senator Prentice Yes, this bill represents
  terms and conditions agreed to by only the tribes
  listed in the bill. The state recognizes that
  agreements with other tribes may involve
  alternative rates and conditions.
• Debate ensued.

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Step 6Contact WA State Archives

• Committee Bill Files
• Mid-1970s forward
• Committee Meeting audiotapes
• Mid-1970s forward (not transcribed).
• Research Section of the WA State Archives in
  Olympia
• (360-586-1492) Research_at_secstate.wa.gov
  http//www.secstate.wa.gov/archives/leg_history.as
  px
• They copy and send bill files for reasonable fee.
  
• Open to the public.
• Governor's files on specific bills
• (1951-1955 1965-1984)
• Legislative Council records (1947-1973) and
  personal papers of some legislators (files are
  incomplete).

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Step 7TVW WAs Public Affairs Network

• http//www.tvw.org/media/archives.cfm
• WA House and Senate Committee Hearings and Floor
  Debates
• audio and video
• 1996/97 to current

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REMEMBER

• Federal LH Research Guide http//lib.law.washingto
  n.edu/ref/fedlegishist.html
• USCCAN (WL Graphical Statutes)
• THOMAS website
• CIS (LN Congressional)
• Washington LH Research Guide http//lib.law.washin
  gton.edu/ref/washleghis.html
• Legislatures website
• State Archives TV W