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Thread: Help Interpreting legal terminology

  1. #1
    Regular Member Whitney's Avatar
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    I must profess my ignorance with regard to interpreting the fine print often contained in the footer of the RCW or WAC. Would someone help me interpret the following.
    >>>>>>>>>>>>&g t;>>>>>>>>>>>> >>>>>>>>>>>>&g t;>>>>>>>>>

    I do not understand the lower case "c" or the "[size=§".]
    42.17.318 Information on concealed pistol licenses exempt.
    [1988 c 219 § 2.]
    Repealed by 2005 c 274 § 429, effective July 1, 2006.



    Any assistance is greatly appreciated
    -Whitney






    The problem with America is stupidity.
    I'm not saying there should be capital punishment for stupidity, but why don't we just take the safety labels off of everything and let the problem solve itself?

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    http://apps.leg.wa.gov/RCW/default.aspx?cite=1.08.015

    IANAL

    I believe it stands for "Chapter" and "Section"



    In the footnotes the year a law was passed and subsequent "Chapter" and "Section" you can reference it.

    Please note I am not a lawyer.
    Young Kim, NRA Endowment Member
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    Regular Member Lammo's Avatar
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    oldkim wrote:
    http://apps.leg.wa.gov/RCW/default.aspx?cite=1.08.015

    IANAL

    I believe it stands for "Chapter" and "Section"



    In the footnotes the year a law was passed and subsequent "Chapter" and "Section" you can reference it.

    Please note I am not a lawyer.
    IAAL and you got it correct. In the question above the first reference is to the Laws of 1988, Chapter 219, Section 2and the second reference is to the Laws of 2005, Chapter 274, Section 429. Little known fact - - the RCWs arenot the official laws of the state of Washington,the Session Laws are. There are instances when the Code Reviser has goofed in translating a Session Law into an RCW.
    IAALBIAAFTDPASNIPHCBCALA
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  4. #4
    Regular Member Whitney's Avatar
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    Damn it the more I look the more complicated it gets. Is there a way to understand the law as it was previously written in 1988 and then the repealed law of 2005?

    I cant seem to make the two click. I am trying to combine the title 41 with chapter 219 section 2 or title 42 chapter 274 section 429. Even with the advanced search function of the wa.gov site I am unable to review the law as it was previously written. I am trying to understand why the information on the CPL was exempt from public disclosure and subsequently repealed in 2005. Now there are some new caveats instituted in Jan 2010.

    Can I retrieve the previously written laws from Olympia with a FOIA request?

    My end goal with this endeavor is to build a graphic representation of Washington CPL holders by county and voting district. This would be used to compare publicly available demographics with the same data.

    -Whitney


    The problem with America is stupidity.
    I'm not saying there should be capital punishment for stupidity, but why don't we just take the safety labels off of everything and let the problem solve itself?

  5. #5
    Regular Member Lammo's Avatar
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    Whitney wrote:
    Damn it the more I look the more complicated it gets. Is there a way to understand the law as it was previously written in 1988 and then the repealed law of 2005?

    I cant seem to make the two click. I am trying to combine the title 41 with chapter 219 section 2 or title 42 chapter 274 section 429. Even with the advanced search function of the wa.gov site I am unable to review the law as it was previously written. I am trying to understand why the information on the CPL was exempt from public disclosure and subsequently repealed in 2005. Now there are some new caveats instituted in Jan 2010.

    Can I retrieve the previously written laws from Olympia with a FOIA request?

    My end goal with this endeavor is to build a graphic representation of Washington CPL holders by county and voting district. This would be used to compare publicly available demographics with the same data.

    -Whitney

    It doesn't really work that way. The Code Reviser takes the Laws and distributes them into the Titles/Chapters of the RCW. There is no correlation between the Session Law numbers and the RCW numbers. I don't believe there is an online source for older session laws, at least not one that is accessible to the public for free (it may be available through Lexis or WestLaw). You'll need to go to a library and look through the dusty old books They will certainly have them at the law school libraries (UW or Seattle U.) and possibly at a county law library. Don't know if Kitsap Co. has much of a law library. You may have to go to Tacoma or Olympia.

    The actual original law will be found in the 1988 Session Laws. The 2005 Session Laws will contain the repeal. As you look through the Session Laws you can see that amendments to existing law are made by means of strikethrough deletion and/or ((parenthetical addition)). New laws are clearly identified as "New Section". Hope this helps. If you can't find the older Session Law books anywhere nearby let me know. I know we have them at my office and I can track this down fairly quickly next week.
    IAALBIAAFTDPASNIPHCBCALA
    Don't be so open minded that your brains fall out. (John Corapi, The Black Sheep Dog)
    Outside of a dog, a book is a man's best friend. Inside of a dog it's too dark to read. (Groucho Marx)

  6. #6
    Regular Member Whitney's Avatar
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    The 2005 Session Laws will contain the repeal. As you look through the Session Laws you can see that amendments to existing law are made by means of strikethrough deletion and/or ((parenthetical addition)). New laws are clearly identified as "New Section".
    Found it. I read this to mean the previously exempt information was repealed in the 2005 session. Am I out of whack here? This is new research for me so anything constructive is appreciated.

    -Whitney





    Passed Legislature - 2005 Regular Session






    State of Washington




    59th Legislature


    2005 Regular Session



    By House Committee on State Government Operations & Accountability (originally sponsored by Representatives Nixon, Haigh and Shabro)

    READ FIRST TIME 02/15/05.

    AN ACT Relating to creating the public records act by recodifying and making technical changes to existing law; amending RCW 2.64.111, 9.41.097, 9.41.129, 10.29.030, 10.29.090, 10.97.080, 10.97.140, 10.98.200, 10.99.090, 13.40.570, 15.19.080



    PART I
    PUBLIC RECORDS ACT

    NEW SECTION. Sec. 101 The definitions in RCW 42.17.020 apply throughout this chapter.

    NEW SECTION. Sec. 102 This chapter may be known and cited as the public records act.



    PART II
    TECHNICAL CORRECTIONS

    Sec. 201 RCW 2.64.111 and 1989 c 367 s 6 are each amended to read as follows:
    All pleadings, papers, evidence records, and files of the commission, including complaints and the identity of complainants, compiled or obtained during the course of an investigation or initial proceeding involving the discipline or retirement .................................................. .......





    PART III
    PUBLIC DISCLOSURE EXEMPTIONS

    NEW SECTION. Sec. 401 The purpose of sections 402 through 429 of this act is to reorganize the public inspection and copying exemptions in RCW 42.17.310 through 42.17.31921 by creating smaller, discrete code sections organized by subject matter. The legislature does not intend that this act effectuate any substantive change to any public inspection and copying exemption in the Revised Code of Washington.

    NEW SECTION. Sec. 429 The following acts or parts of acts are each repealed:
    (1) ..................


    (2) ..................

    (3) ..................

    (4) ..................

    (5) ..................

    (6) ..................

    (7) RCW 42.17.318 (Information on concealed pistol licenses exempt) and 1988 c 219 s 2;





    PART IV
    MISCELLANEOUS PROVISIONS

    NEW SECTION. Sec. 501 Part headings used in this act are not any part of the law.

    NEW SECTION. Sec. 502 This act takes effect July 1, 2006.

    NEW SECTION. Sec. 503 Sections 1, 101, 102, and 403 through 428 of this act are each added to the new chapter created in section 103 of this act.



    --- END ---




    The problem with America is stupidity.
    I'm not saying there should be capital punishment for stupidity, but why don't we just take the safety labels off of everything and let the problem solve itself?

  7. #7
    Regular Member Lammo's Avatar
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    Whitney wrote:


    The 2005 Session Laws will contain the repeal. As you look through the Session Laws you can see that amendments to existing law are made by means of strikethrough deletion and/or ((parenthetical addition)). New laws are clearly identified as "New Section".
    Found it. I read this to mean the previously exempt information was repealed in the 2005 session. Am I out of whack here? This is new research for me so anything constructive is appreciated.

    -Whitney
    Passed Legislature - 2005 Regular Session
    State of Washington
    59th Legislature
    2005 Regular Session

    By House Committee on State Government Operations & Accountability (originally sponsored by Representatives Nixon, Haigh and Shabro)

    READ FIRST TIME 02/15/05.

    AN ACT Relating to creating the public records act by recodifying and making technical changes to existing law; amending RCW 2.64.111, 9.41.097, 9.41.129, 10.29.030, 10.29.090, 10.97.080, 10.97.140, 10.98.200, 10.99.090, 13.40.570, 15.19.080
    PART I
    PUBLIC RECORDS ACT
    NEW SECTION. Sec. 101 The definitions in RCW 42.17.020 apply throughout this chapter.

    NEW SECTION. Sec. 102 This chapter may be known and cited as the public records act.
    PART II
    TECHNICAL CORRECTIONS
    Sec. 201 RCW 2.64.111 and 1989 c 367 s 6 are each amended to read as follows:
    All pleadings, papers, evidence records, and files of the commission, including complaints and the identity of complainants, compiled or obtained during the course of an investigation or initial proceeding involving the discipline or retirement .................................................. .......
    PART III
    PUBLIC DISCLOSURE EXEMPTIONS
    NEW SECTION. Sec. 401 The purpose of sections 402 through 429 of this act is to reorganize the public inspection and copying exemptions in RCW 42.17.310 through 42.17.31921 by creating smaller, discrete code sections organized by subject matter. The legislature does not intend that this act effectuate any substantive change to any public inspection and copying exemption in the Revised Code of Washington.

    NEW SECTION. Sec. 429 The following acts or parts of acts are each repealed:
    (1) ..................


    (2) ..................

    (3) ..................

    (4) ..................

    (5) ..................

    (6) ..................

    (7) RCW 42.17.318 (Information on concealed pistol licenses exempt) and 1988 c 219 s 2;
    PART IV
    MISCELLANEOUS PROVISIONS
    NEW SECTION. Sec. 501 Part headings used in this act are not any part of the law.

    NEW SECTION. Sec. 502 This act takes effect July 1, 2006.

    NEW SECTION. Sec. 503 Sections 1, 101, 102, and 403 through 428 of this act are each added to the new chapter created in section 103 of this act.
    --- END ---
    OK. I see what they did. It isn't very clear but they collected up a bunch of different disclosure provisions and exemptions that were scattered in various places and put them all together in one place. The exemption from disclosure for CPL information is now located in RCW 42.56.240(4), which can be found here:
    http://apps.leg.wa.gov/RCW/default.aspx?cite=42.56.240

    Usually when they do that there is a clear indication that the provision has been recodified or a notation that it was reenacted with a cross reference to the new statute. Any way, our CPL applications are still exempt from disclosure except for law enforcement.
    IAALBIAAFTDPASNIPHCBCALA
    Don't be so open minded that your brains fall out. (John Corapi, The Black Sheep Dog)
    Outside of a dog, a book is a man's best friend. Inside of a dog it's too dark to read. (Groucho Marx)

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