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)


“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)
 Search Library Catalogs
•
USA PATRIOT Act: A
Legislative History
•
Federal Estate, Gift, And
Generation-Skipping Taxes:
A Legislative History
 Hein Online database contains a Legislative History Library with 15 compiled legislative histories.
•
USA Patriot Act
•
Americans with Disabilities Act of
1990

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 (108 th
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 .

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).

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
•
Mid1970’s forward
Committee Meeting audiotapes
•
Mid-1970s forward (not transcribed).
Research Section of the WA State Archives in Olympia
•
(360-586-1492) Research@secstate.wa.gov
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).

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