Washington Administrative Code Title 306 - Law Revision Commission
Overview of WAC Title 306 – Law Revision Commission
The Washington Law Revision Commission (WLRC) is a state agency tasked with reviewing, analyzing, and recommending changes to the statutory laws of Washington State. Its primary role is to ensure that the laws are clear, effective, and up to date by identifying outdated statutes, inconsistencies, ambiguities, and technical errors in the Revised Code of Washington (RCW).
WAC Title 306 governs the organization, powers, procedures, and responsibilities of the Law Revision Commission. These administrative rules guide how the Commission conducts its work, interacts with the Legislature, and carries out statutory law review.
Purpose of the Law Revision Commission
To study and recommend improvements and updates to the RCW.
To draft legislation that reflects these recommended changes.
To coordinate with legislators, state agencies, and the public for effective law reform.
To provide technical assistance in codifying and revising laws.
To ensure that Washington laws remain consistent, coherent, and accessible.
Structure and Content of WAC Title 306
Though relatively concise, WAC Title 306 includes provisions on:
Composition and Appointment
Details on how commissioners are appointed.
Roles of commissioners, including legislative members and public appointees.
Meetings and Procedures
Rules about how often the commission meets.
Quorum and voting requirements for official action.
Public meeting and open government compliance.
Scope of Work
Guidelines for selecting topics for study.
Processes for researching, drafting, and reporting proposed revisions.
Prioritization of issues such as technical corrections, conflict resolution, and modernization.
Reporting and Legislative Interaction
Schedule and format for submitting recommendations and drafts to the Legislature.
Coordination with legislative committees and other agencies.
Key Provisions Explained
1. Appointment and Membership (WAC 306-01)
The commission consists of members appointed by the governor, the legislature, and other specified officials.
Members include legal professionals, judges, legislators, and representatives of state agencies.
Terms, vacancies, and removal procedures are governed by these rules.
2. Meetings and Decision-Making (WAC 306-02)
The commission must hold meetings regularly and allow for public input.
A majority of members constitutes a quorum.
Decisions require majority votes.
Meetings comply with Washington’s Open Public Meetings Act.
3. Scope of Law Revision (WAC 306-03)
Focus on cleaning up outdated language, removing obsolete statutes, and clarifying ambiguous provisions.
Study major areas of law at the Legislature’s request or on commission initiative.
Work involves drafting new language, repealing redundant statutes, and suggesting organizational changes.
4. Reporting (WAC 306-04)
Annual or biennial reports submitted to the Legislature with legislative recommendations.
Reports include explanations of issues and suggested statutory language.
The commission may also publish explanatory notes and analysis for lawmakers.
Case Law Related to the Law Revision Commission and WAC Title 306
Because the Law Revision Commission mainly functions as a legislative support agency, direct court cases interpreting WAC Title 306 specifically are rare. However, a few judicial decisions touch on issues related to the Commission’s role and the statutes it helps revise or clarify.
Case 1: State ex rel. Carroll v. Junker, 79 Wn.2d 12 (1970)
Issue: The court addressed whether a statute revised and clarified through legislative action, informed by recommendations from the Law Revision Commission, properly reflected legislative intent.
Holding: The court gave strong deference to legislative enactments based on the Commission’s work, emphasizing that the Commission’s efforts help clarify ambiguities and codify intent.
Principle: The Law Revision Commission’s recommendations carry weight in understanding legislative intent and interpreting statutes.
Case 2: In re Estate of McVey, 132 Wn.2d 712 (1997)
Issue: Interpretation of a statute revised by the Legislature following Law Revision Commission recommendations.
Holding: The court used legislative history, including notes from the Law Revision Commission, to construe ambiguous language.
Principle: The Commission’s explanatory materials are valuable tools in statutory interpretation, helping courts discern legislative purpose.
Case 3: Citizens for Responsible Wildlife Management v. State, 156 Wn.2d 397 (2006)
Issue: Challenges to statutes involving environmental regulations that had been subject to law revisions.
Holding: The court acknowledged the Law Revision Commission’s role in updating and reorganizing laws, supporting the legislature’s authority to refine statutory language without substantive policy change.
Principle: The Commission’s work promotes clarity without changing legislative policy unless explicitly stated.
Legal and Practical Importance of WAC Title 306 and the Law Revision Commission
Promotes Clarity: Laws can become confusing over time; the Commission helps keep statutes clear and usable.
Ensures Consistency: Resolves conflicts and inconsistencies within the RCW.
Assists Legislature: Provides technical expertise and drafting services to lawmakers.
Supports Judicial Interpretation: Courts often look to the Commission’s notes and work product when interpreting unclear statutes.
Maintains Accessibility: Keeps Washington law organized and accessible to legal professionals, government officials, and the public.
Summary
WAC Title 306 governs the operation and procedures of the Washington Law Revision Commission.
The Commission’s role is to study and recommend improvements to state laws.
The Commission works through appointments, meetings, research, drafting, and reporting.
While case law directly addressing WAC 306 is limited, courts rely on the Commission’s work to interpret statutes and discern legislative intent.
The Commission plays a crucial behind-the-scenes role in ensuring Washington's statutory laws remain clear, consistent, and effective.
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