Transcript Legislative History: Federal and Washington

Legislative History:
Federal and Washington
Bridge the Legal Research Gap 2006
Ann Hemmens
University of Washington Law Library
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
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)
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.
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)
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?
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)
Federal Legislative History

Research Guide
http://lib.law.washington.edu/ref/fedlegishist.html

Remember:
• CIS Index / LexisNexis Congressional
• THOMAS http://thomas.loc.gov/
• USCCAN (United States Code
Congressional and Administrative News)
Step 1:
Look 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
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 > Federal Legal - U.S. > Legislative Histories &
Materials > US - CIS Legislative Histories)

THOMAS website
CIS Index (LexisNexis Congressional):
Search for Legislative Histories
by keyword or
Public Law or Bill Number.
Antiterrorism and Effective Death
Penalty Act of 1996, Pub.L. No. 104-132
LexisNexis Congressional:
Link to Bills,
Debates, Reports,
Hearings etc.
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)
Search by
keyword across
multiple Congresses
(1989 – current)
Search for
Bills by
keyword
(1989-present)
THOMAS:
Bill Summary and Status
Partial Birth Abortion Ban Act of 2003 on
THOMAS
THOMAS:
Links to
Reports, Debates,
Votes, Public
Laws etc.
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)
Sample Documents
Partial Birth Abortion Ban Act of 2003
• Pub.L. No. 108-105 (Public Law)
• H. REP. NO. 108-288 (House Report)
Use Adobe’s
SEARCH
function
Public Law:
cite to 18 U.S.C. 1531
found in margin
Westlaw
Graphical Statutes
Westlaw
GRAPHICAL
STATUTES:
Link to Public
Law, Bills, Reports,
Debates, Hearings
from the
statute (U.S.C.)
USCCAN:
Contains
Public Laws
&
Committee
Reports
View
Public Law
&
link to
Legislative
History
Documents
Step 3: Locate the Documents:
Committee Hearings

GPO Access
• covers 1997-date, selective.
•
•
•
http://www.gpoaccess.go
v/chearings/index.html
only online source of official
published hearings (other
sources are testimony
transcripts only).
Partial Birth Abortion Ban
Act of 2003.
www.gpoaccess.gov
free source
of Congressional
publications (e.g., hearings)
Step 4:
Analyzing 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).
Washington State Legislative
History Research
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).
Basics of WA Legislative History
Research

Materials (mid 1970s-current)
• Available
• in print at law libraries
• WA Legislature’s 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
Washington Legislative History

Research Guide
http://lib.law.washington.edu/ref/washleghis.html

Remember
• Legislature’s website
• State Archives
• TVW website
Step 1: Start with RCW section

RCW § 9.91.170
Interfering with dog guide or service
animal.
• Statutory history in parenthetical
• [2003 c 53 § 52; 2001 c 112 § 2.]

WA Legislature’s RCW page
• http://apps.leg.wa.gov/rcw/
WA Legislature’s website:
•Bill Information (1997-current)
•Laws and Agency Rules (RCW)
Step 1: RCW 9.91.170
Step 2: Look at Session Law to
Get Bill Number

WA Legislature’s 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
What is the
bill number?
Use “Bill to Law
Cross Reference”
Tables
“Bill Information” page:
Search for
legislative documents
by Bill # or keyword
(1997-current)
Step 2: Bill Information Page
Links to
bills, amendments,
reports etc.
Step 3:
Documents 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
Step 4:
WA House & Senate Journals


In print at law libraries (1889-current)
•
online at Legislature’s 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).
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.
Step 6:
Contact WA State Archives





Committee Bill Files
•
Mid-1970’s forward
Committee Meeting audiotapes
•
Mid-1970s forward (not transcribed).
Research Section of the WA State Archives in Olympia
•
•
•
(360-586-1492) [email protected]
http://www.secstate.wa.gov/archives/leg_history.aspx
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).
TVW


Step 7:
WA’s 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
REMEMBER:

Federal LH Research Guide
http://lib.law.washington.edu/ref/fedlegishist.html
• USCCAN (WL Graphical Statutes)
• THOMAS website
• CIS (LN Congressional)

Washington LH Research Guide
http://lib.law.washington.edu/ref/washleghis.html
• Legislature’s website
• State Archives & TV W