LEGISLATIVE ETHICS BOARD - LEGISLATURE - CODE REVISER
Jurisdiction of Legislative Ethics Board over Code Reviser employees for purposes of RCW 42.52 For purposes of the Ethics in Government Act, RCW 42.52, the Code Reviser’s Office is an agency of the legislative branch of state government, and the Code Reviser’s employees are subject to the jurisdiction of the Legislative Ethics Board.
LEGISLATURE - STATE BUDGET - PUGET SOUND ACTION TEAM
Status of certain funds appropriated by the 2005 Legislature for clean up of Hood Canal Section 116(2) of the 2005-07 biennial operating budget sets certain amounts aside for corrective actions to clean up Hood Canal as described in a Conservation & Recovery Plan; the budget does not expressly require that these funds be “co-managed” as described in RCW 90.88, also enacted in 2005.
LEGISLATURE - DISTRICTS - ONE MAN ONE VOTE - REFERENDUM - GUIDELINES FOR CONGRESSIONAL AND LEGISLATIVE REDISTRICTING
LEGISLATURE - DISTRICTS - ONE MAN ONE VOTE - REFERENDUM - GUIDELINES FOR CONGRESSIONAL AND LEGISLATIVE REDISTRICTING Congressional and legislative redistricting plans to be completed prior to 1972 general election; may be enacted by referendum bill; continuation of 99 member house of representatives may be justified; some house districts may be multi-member while others are single member, where rational pattern is followed; population deviations not allowable on a "de minimis" basis; burden upon legislature to justify population variations; the ability of the legislature to draw lines which adhere to county boundaries appears to be very limited; redistricting of military bases related to registered voters.
INITIATIVE AND REFERENDUM - LEGISLATURE - AMENDING INITIATIVE ENACTED BY THE LEGISLATURE - SUBMISSION OF ALTERNATIVE PROPOSAL
INITIATIVE AND REFERENDUM ‑- LEGISLATURE ‑- AMENDING INITIATIVE ENACTED BY THE LEGISLATURE ‑- SUBMISSION OF ALTERNATIVE PROPOSAL Consideration of various alternatives which are available to the legislature under Article II, § 1 (Amendments 7 and 30) and Article II, § 41 (Amendment 26) of the Washington Constitution upon certification and transmittal to it of an initiative to the legislature; adoption and amendment; rejection and submission of alternative proposal to voters; time for certification of initiative to legislature.
COURTS - SUPERIOR - LEGISLATURE
INITIATIVE NO. 62 ‑- FUNDING NEW SUPERIOR COURT JUDGESHIPS In the event that the state legislature, during its current (1980) session, increases the number of superior court judgeships within a given county, the state will be required by § 6(1) of Initiative No. 62 to reimburse that county for its added costs arising by reason of those new judgeships.
APPOINTMENT - RESIGNATION - OFFICES AND OFFICERS - DEPARTMENT OF WILDLIFE - GOVERNOR - LEGISLATURE
APPOINTMENT ‑- RESIGNATION ‑- OFFICES AND OFFICERS ‑- DEPARTMENT OF WILDLIFE ‑- GOVERNOR ‑- LEGISLATURE 1. When the Governor appoints a Director of Wildlife pursuant to RCW 43.17.020, to serve at the pleasure of the Governor, and notifies the Senate as required by RCW 43.06.030, the Governor has exercised the power of appointment. The appointment is complete and effective unless the Senate rejects the appointment pursuant to RCW 43.06.092. 2. If there is a vacancy in the office of Director of Wildlife, RCW 43.17.040 allows the Governor to make a temporary appointment by either leaving the chief assistant in charge of the department or appointing an acting director. RCW 43.17.020 prohibits the Governor from leaving such a temporary appointee in charge of the Department of Wildlife for more than one year. 3. If a Director of Wildlife, who is not a temporary director and has not been rejected by the Senate, resigns the office, the Governor may immediately reappoint the same individual to that office.
LEGISLATURE - CONSTITUTIONALITY OF LAW AUTHORIZING CITIES TO IMPOSE SALES TAX ON UTILITY SERVICES - USE OF FUNDS TO SUBSIDIZE CITY TRANSIT SYSTEMS
LEGISLATURE ‑- CONSTITUTIONALITY OF LAW AUTHORIZING CITIES TO IMPOSE SALES TAX ON UTILITY SERVICES. USE OF FUNDS TO SUBSIDIZE CITY TRANSIT SYSTEMS (1) Legislation would be constitutional which would authorize cities owning transit systems to impose a sales tax on sales of city-furnished utility services (water and electricity); the tax to be collected with the utility charge by the utility and placed in the proper fund to be used to subsidize the city transit.(2) Where the city divided its utility charge into two parts, one a basic minimum charge and one a surcharge based upon the quantity of service used over the stated minimum, a sales tax would be constitutional which was imposed only on the basic minimum utility charge.
LEGISLATURE - AUTHORITY TO APPROPRIATE MONIES FROM CAPITOL BUILDING CONSTRUCTION ACCOUNT TO REMODEL LEGISLATIVE BUILDING
LEGISLATURE ‑- AUTHORITY TO APPROPRIATE MONIES FROM CAPITOL BUILDING CONSTRUCTION ACCOUNT TO REMODEL LEGISLATIVE BUILDING The legislature may appropriate monies from the general fund-capitol building construction account for the purpose of remodeling and renovating the legislative building.
TAXATION - LEGISLATURE - AUTHORITY TO VEST CITIES AND TOWNS WITH ASSESSMENT POWER AND THEIR LEGISLATIVE BODIES TO SERVE AS EQUALIZATION BOARDS
TAXATION ‑- LEGISLATURE ‑- AUTHORITY TO VEST CITIES AND TOWNS WITH ASSESSMENT POWER AND THEIR LEGISLATIVE BODIES TO SERVE AS EQUALIZATION BOARDS (1) The legislature by statute may vest cities and towns with the power to make their own property assessments for the purpose of determining the base for tax levies and bond issues, and also provide that any city may contract with the county assessor to make such assessments for the city.(2) The legislature may empower cities and towns to authorize their legislative bodies to serve as the equalization board in regard to property assessments made for city purposes, such equalization board to replace the county equalization board which now so functions for cities and other taxing units.
LEGISLATURE - GAMBLING COMMISSION - BUDGET AND APPROPRIATION ACTS - GOVERNOR - APPROPRIATIONS
Extent to which gambling revolving fund is subject to allotment procedures under RCW 43.88 The gambling revolving fund is subject to the allotment process described in RCW 43.88, but for the purpose of assuring that the fund does not incur a cash deficit or that money in the fund is not spent contrary to law.
OFFICES AND OFFICERS - LEGISLATURE - MEMBERS - VACANCY
APPOINTMENT AND ELECTION OF SUCCESSOR UNDER REDISCTRCTING ACT In view of the enactment of a legislative redistricting plan by chapter 288, Laws of 1981, a certain legislative vacancy resulting from the resignation of an encumbent on May 1, 1981, is first to be filled by appointment, under Article II, § 15 (Amendment 52) of the state constitution, on the basis of the "old" district represented by the vacating encumbent; however, when a successor is elected at the November, 1981 state general election, the basis for that election will be the "new" district to which the vacating legislator was assigned under the redistricting act.
LEGISLATURE - JOINT LEGISLATIVE ARTS COMMITTEE - DEPARTMENT OF GENERAL ADMINISTRATION - ART
RESPONSIBILITY FOR WORKS OF ART IN LEGISLATIVE BUILDING Identification of the respective powers and responsibilities of the Joint Legislative Arts Committee, the State Capitol Committee, the Department of General Administration and the respective houses for the selection, acquisition and subsequent control over works of art in the Legislative Building.
LEGISLATURE - ADJOURNMENT - REFERENDUM - EFFECTIVE DATE OF ACTS SUBJECT TO REFERENDUM
LEGISLATURE ‑- ADJOURNMENT ‑- REFERENDUM ‑- EFFECTIVE DATE OF ACTS SUBJECT TO REFERENDUM Under Article II, § 41 (Amendment 26) of the Washington Constitution an act of the legislature which is subject to referendum does not take effect until ninety days after the final adjournment, sine die, of the session at which it was enacted; a temporary adjournment of each of the two houses with the consent of the other for a set time period agreed to between them under Article II, § 11 of the Constitution will not cause this time period thereby to begin to run as to bills subject to referendum which have theretofore been enacted.
INITIATIVE AND REFERENDUM - LEGISLATURE - CONSTITUTIONAL CONVENTION
USE OF INITIATIVE TO CALL FOR FEDERAL CONSTITUTIONAL CONVENTION An initiative, under Article II, § 1 of the Washington Constitution, may be used for the purpose of applying to the federal Congress to call a convention for proposing amendments to the United States Constitution in accordance with Article V thereof.
FUNDS - AGRICULTURE - APPROPRIATIONS - LEGISLATURE
USE OF GRAIN AND HAY INSPECTION REVOLVING FUND (1) The Grain and Hay Inspection Revolving Fund, established pursuant to RCW 22.09.500(1), may not be used for expenses not directly incurred by the Department of Agriculture's Division of Grain and Agricultural Chemicals (other than the five percent specifically authorized by statute for use in research and promotional work). (2) A provision of the State's biennial operating budget, or supporting documents such as budget notes, may not authorize use of the Grain and Hay Inspection Revolving Fund in a manner inconsistent with the provisions of RCW 22.09.500.
INITIATIVE NO. 276 - SCHOOL DISTRICTS - USE OF SCHOOL FACILITIES FOR PRESENTATION OF PROGRAMS - LEGISLATURE - ELECTIONS
INITIATIVE NO. 276 ‑- SCHOOL DISTRICTS ‑- USE OF SCHOOL FACILITIES FOR PRESENTATION OF PROGRAMS ‑- LEGISLATURE ‑- ELECTIONS It is not a violation of § 13 of Initiative No. 276 (RCW 42.17.130 for the board of directors of a school district to allow the facilities of that district to be used by others on a nondiscriminatory basis for the conduct of meetings at which members of the legislature, or others, appear and speak either in favor of, or in opposition to pending ballot proposals or candidates for election to public office.
OFFICES AND OFFICERS - STATE - LEGISLATURE - LEGISLATIVE COUNCIL - INVESTIGATION AND PUBLIC HEARING - PRIOR APPROVAL REQUIRED
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATURE ‑- LEGISLATIVE COUNCIL ‑- INVESTIGATION AND PUBLIC HEARING ‑- PRIOR APPROVAL REQUIRED The prior approval of two-thirds of the membership of the legislative council is required before the council has the authority to conduct any public hearings or investigations under RCW 44.24.020 (3).
LEGISLATURE - LEGISLATIVE BUDGET COMMITTEE - AUTHORITY TO AUDIT WASHINGTON PUBLIC POWER SUPPLY SYSTEM
LEGISLATURE ‑- LEGISLATIVE BUDGET COMMITTEE ‑- AUTHORITY TO AUDIT WASHINGTON PUBLIC POWER SUPPLY SYSTEM The Legislative Budget Committee is authorized, under RCW 44.28.085 and related statutes, to conduct ". . . a management survey, program review, and/or a performance audit . . ." of the Washington Public Power Supply System or any other such entity established pursuant to chapter 43.52 RCW.
LEGISLATURE - CONSTITUTIONALITY OF PROPOSED LAW REQUIRING OUT-OF-STATE APPLES AND FRUITS TO MEET WASHINGTON STATE STANDARDS - POLICE POWER
LEGISLATURE ‑- CONSTITUTIONALITY OF PROPOSED LAW REQUIRING OUT-OF-STATE APPLES AND FRUITS TO MEET WASHINGTON STATE STANDARDS ‑- POLICE POWER (1) The legislature of the state of Washington may enact a law in the exercise of its police power requiring all apples and other fruit being shipped into the state to meet state grades notwithstanding the grades, if any, of the state of origin, providing that the fruit was not being shipped into Washington according to federal grades. Any legislation would be inoperative if any of the state grades adopted were in direct conflict with any federal grades being used pursuant to any act of Congress which would allow the interstate shipment of fruit according to federal grades.(2) Same: Such a law could be enforced by various means including "stop-sale orders," "embargoes," "seizures" and criminal sanctions.
LEGISLATURE - PERMANENT SCHOOL FUND - USE OF PRINCIPAL AND/OR INCOME AS BASE FOR SCHOOL CONSTRUCTION BOND ISSUE - CONSTITUTIONALITY
LEGISLATURE ‑- PERMANENT SCHOOL FUND ‑- USE OF PRINCIPAL AND/OR INCOME AS BASE FOR SCHOOL CONSTRUCTION BOND ISSUE ‑- CONSTITUTIONALITY A legislative enactment providing for the use of the principal and/or income of the state common school fund as a base for a school construction bond issue would be unconstitutional.
COUNTIES - CITIES AND TOWNS - MUNICIPAL CORPORATIONS - LEGISLATURE - EXPENDITURES OF COUNTY, CITY OR OTHER MUNICIPAL FUNDS FOR LOBBYING
COUNTIES ‑- CITIES AND TOWNS ‑- MUNICIPAL CORPORATIONS ‑- LEGISLATURE ‑- EXPENDITURES OF COUNTY, CITY OR OTHER MUNICIPAL FUNDS FOR LOBBYING (1) Neither the state public disclosure law (chapter 42.17 RCW) nor any other statute prohibits or restricts a municipal corporation or political subdivision from employing a lobbyist to be registered as such in accordance with RCW 42.17.150; however, such a person may only be employed pursuant to specific legal authority to expend municipal funds for lobbying purposes ‑ either in the form of a state statute or, in the case of a first class or other charter city, code city or charter county, appropriate local legislation. (2) Only a municipal corporation or political subdivision which is thus authorized to expend its funds for lobbying purposes may, in turn, authorize its officers or employees to appear and testify at municipal expense before a committee of the legislature in support of or opposition to proposed or pending legislation. (3) Nothing in the state public disclosure law (chapter 42.17 RCW) purports to restrict the ability of any committee or member of the state legislature to seek information or opinions from officers or employees of a municipal corporation or political subdivision.
GOVERNOR - EXECUTIVE ORDER - LEGISLATURE - WETLANDS
AUTHORITY OF GOVERNOR TO ISSUE EXECUTIVE ORDER HAVING THE FORCE AND EFFECT OF LAW The legislative authority of the State of Washington is vested in the Legislature. In absence of a statute or constitutional provision that serves as a source of authority authorizing the Governor to act, the Governor cannot create obligations, responsibilities, conditions or processes having the force and effect of law by the issuance of an executive order.
OFFICES AND OFFICERS - STATE - LEGISLATURE - EXTENSION OF TERMS OF MUNICIPAL OFFICES - ELIGIBILITY OF LEGISLATOR TO BE CANDIDATE
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATURE ‑- EXTENSION OF TERMS OF MUNICIPAL OFFICES ‑- ELIGIBILITY OF LEGISLATOR TO BE CANDIDATE Article II, § 13, of the state constitution does not bar a member of the 1963 legislature from being a candidate for election to a city office the term of which was extended by § 4, chapter 200, Laws of 1963, from three to four years.
TAXATION - STATE - LEGISLATURE - REIMPOSITION OF TIMBER EXCISE TAX
TAXATION—STATE—LEGISLATURE—REIMPOSITION OF TIMBER EXCISE TAX Given
that the timber excise tax imposed by RCW 82.04.291 will expire on
December 31, 1978, under existing legislation, if the legislature were
to reimpose the tax during its next (1979) regular session, effective
January 1, 1979, such an enactment would be constitutionally valid;
moreover, this would be so even if the rate of the tax as reimposed were
to be different than the present rate; however, in order to strengthen
the defensibility of any such legislation it is recommended that it be
enacted into law and signed by the governor on or before March 1, 1979.
OFFICES AND OFFICERS - STATE - HUMAN RIGHTS COMMISSION - LEGISLATURE - GOVERNOR
TENURE OF HUMAN RIGHTS COMMISSION CHAIRPERSON Under the provisions of RCW 49.60.050 the Governor may designate as chairperson of the Washington State Human Rights Commission any member thereof, notwithstanding a previous Governor's designation of a different sitting commissioner as chairperson.
LEGISLATURE - CONSTITUTION - EQUAL PROTECTION
Constitutionality of House of Representatives' rule requiring consent of both House co-speakers to bring a matter before the House for business The Courts are unlikely to find unconstitutional a temporary rule of the House of Representatives which requires consent of both co-speakers to bring a matter before the House for business. Such a rule appears to be consistent with the equal protection provisions of both the United States and Washington Constitutions, and with constitutional provisions governing the rights and duties of legislators, especially where the House provides alternative methods for bringing matters before the House or provides ways by which a majority of the House could repeal or amend the House rules.
OFFICES AND OFFICERS - LEGISLATURE - SALARIES OF MEMBERS - INCREASE EFFECTIVE FOR NEXT TERM OF OFFICE - ELIGIBILITY TO RUN FOR RE‑ELECTION [[REELECTION]]
OFFICES AND OFFICERS ‑- LEGISLATURE ‑- SALARIES OF MEMBERS ‑- INCREASE EFFECTIVE FOR NEXT TERM OF OFFICE ‑- ELIGIBILITY TO RUN FOR RE‑ELECTION [[REELECTION]] If the legislature at its present session were to enact a law increasing the salaries of legislators effective for the terms commencing in January, 1967, the passage of such a law would not render the members of the legislature ineligible to seek re‑election [[reelection]].
LEGISLATURE - SPECIAL SESSION - PROCEDURAL RULES - AUTHORITY OF EACH HOUSE TO ADOPT - RESOLUTION - REINTRODUCTION IN HOUSE WHEREIN THEY ORIGINATED OF BILLS, MEMORIALS AND RESOLUTIONS INTRODUCED AT REGULAR SESSION
LEGISLATURE ‑- SPECIAL SESSION ‑- PROCEDURAL RULES ‑- AUTHORITY OF EACH HOUSE TO ADOPT ‑- RESOLUTION ‑- REINTRODUCTION IN HOUSE WHEREIN THEY ORIGINATED OF BILLS, MEMORIALS AND RESOLUTIONS... While the constitution provides that bills may originate in either house of the legislature, the manner or method governing the introduction of bills, memorials or resolutions and the procedure to be followed prior to final passage or adoption thereof are subject to the express constitutional rule‑making power of each house. Therefore, since there is no limitation or restriction in the constitution, the house and/or senate may in the exercise of its discretion adopt a resolution at a special session providing that all bills, memorials and resolutions introduced but not enacted or adopted during the regular session shall be reintroduced at the special session in the house wherein they originated; to retain the same number; to be placed in the same committee; or to otherwise hold their same position in the special session as was held during the regular session prior to final passage in that house.
LEGISLATURE - SPECIAL SESSION - ENACTMENT OF LAWS - VALIDITY - CONSTITUTIONAL REQUIREMENTS - PASSAGE OF BILL BY BOTH HOUSES DURING SESSION
LEGISLATURE - SPECIAL SESSION ‑- ENACTMENT OF LAWS ‑- VALIDITY ‑- CONSTITUTIONAL REQUIREMENTS ‑- PASSAGE OF BILL BY BOTH HOUSES DURING SESSION A special session of the legislature when convened by the governor is a new session and not a continuation of the regular session; therefore, at the special session bills to be constitutionally enacted must be introduced, (Article II, § 20; AGO 65-66 No. 10) passed separately by both houses, (Article II, § 22) be signed by the presiding officers, (Article II, § 32) and be presented to the governor (Article III, § 12).
OFFICES AND OFFICERS - LEGISLATURE - MEMBERS - VACANCY - APPOINTMENT OF PERSON FROM SAME POLITICAL PARTY AND LEGISLATIVE DISTRICT
OFFICES AND OFFICERS ‑- LEGISLATURE ‑- MEMBERS ‑- VACANCY ‑- APPOINTMENT OF PERSON FROM SAME POLITICAL PARTY AND LEGISLATIVE DISTRICT In the event of a vacancy in either house of the Washington state legislature prior to the date of commencement of new legislative terms of office under chapter 6, Laws of 1965, the person appointed to fill the vacancy for the remainder of the unexpired term must be from the same political party as the legislator whose office was vacated and he must reside somewhere within the geographical area which comprised the legislative district from which his predecessor was elected or appointed.
INITIATIVE AND REFERENDUM - LEGISLATURE - REFERRAL OF BILL TO PEOPLE FOR APPROVAL OR REJECTION - GENERAL STATE ELECTION - GUBERNATORIAL VETO NOT APPLICABLE
INITIATIVE AND REFERENDUM ‑- LEGISLATURE ‑- REFERRAL OF BILL TO PEOPLE FOR APPROVAL OR REJECTION ‑- GENERAL STATE ELECTION House Bill No. 714 if passed by both houses of the legislature with the provision for referral to the people for adoption or rejection at the November, 1966, biennial regular election (§ 10), need not be submitted to the governor for his approval or rejection since his veto power does not, under Article II, § 1, Amendment 7, Washington Constitution, extend to such referred measures.
LEGISLATURE - ART - DEPARTMENT OF GENERAL ADMINISTRATION
ABILITY AND AUTHORITY FOR REMOVAL OF ART IN THE WASHINGTON STATE SENATE CHAMBER (1) While the Washington State Senate may request removal of artwork in the Senate Chamber, the actual removal is subject to the approval and cooperation of the Department of General Administration. (2) Minimal risk of financial exposure would exist if the artwork in the Senate Chamber is removed in accordance with the applicable statutory provision. (3) It is the responsibility of the Department of General Administration to determine whether and where the artwork can be hung following removal from the Senate Chamber. (4) We find no basis to support the granting of injunctive relief to prevent removal of the artwork in the Senate Chamber under the contract between the Department of General Administration and the artist.
OFFICES AND OFFICERS - STATE - LEGISLATURE - ELECTIONS - DECLARATION OF CANDIDACY - FILING BY POSITION NUMBERS - WITHDRAWAL OF FIRST DECLARATION AS CONDITION PRECEDENT TO FILING SECOND DECLARATION
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATURE ‑- ELECTIONS ‑- DECLARATION OF CANDIDACY ‑- FILING BY POSITION NUMBERS ‑- WITHDRAWAL OF FIRST DECLARATION AS CONDITION PRECEDENT TO FILING SECOND DECLARATI A person who has filed a declaration of candidacy for state legislative office designated pursuant to RCW 29.18.015 may not file a second declaration of candidacy for another legislative position from the same legislative district without first withdrawing his initial declaration of candidacy as provided for in RCW 29.18.030.
LEGISLATURE - MEMBERS - ELIGIBILITY FOR APPOINTMENT TO CIVIL OFFICE
LEGISLATURE - MEMBERS - ELIGIBILITY FOR APPOINTMENT TO CIVIL OFFICE (1) No member of the 40th legislature is eligible, during his current term of office, to serve as a member of the board of trustees of Southwestern Washington State College or as a member of the Washington State Arts Commission. (2) Members of the 40th legislature are not constitutionally ineligible for appointment, during their present terms of office, to (a) the Education Commission of the States; (b) the Judicial Council; (c) the 1967 World Fair Commission; and (d) the Senate, House, or Joint Boards of Legislative Ethics. (3) In those instances where legislators are constitutionally ineligible to serve, during the remainder of their present terms, in a civil office created by the 40th legislature, the appointing authority may fill the position by appointment of some other person who is eligible to serve in the office instead of the one determined to be ineligible.
VETO - LEGISLATURE - GOVERNOR - AUTHORITY OF LEGISLATURE TO CONSIDER OVERRIDE OF VETO AT NEXT REGULAR SESSION, WHEN A SPECIAL SESSION HAS BEEN HELD SINCE THE VETO OCCURRED
VETO - LEGISLATURE - GOVERNOR - AUTHORITY OF LEGISLATURE TO CONSIDER OVERRIDE OF VETO AT NEXT REGULAR SESSION, WHEN A SPECIAL SESSION HAS BEEN HELD SINCE THE VETO OCCURRED When the governor vetoes a bill after the legislature has adjourned, and transmits the vetoed bill to the secretary of state for delivery to the legislature at its next session pursuant to the constitution, and the legislature next meets in a special session, the legislature may choose to act on overriding the veto during the special session, but its failure to consider an override during the special session does not preclude taking the matter up at the next ensuing regular legislative session.
STATE - LANDS - FOREST LAND - LEGISLATURE - BOARD OF NATURAL RESOURCES - LANDS - COMMISSIONER OF PUBLIC LANDS
State's trust responsibilities with respect to lands granted by the United States or placed in trust through state legislation 1. The Enabling Act facilitating the admission of Washington into the union (25 Stat. 676) is a limitation on state legislative authority and requires that federal grant lands be held in trust; exercises of legislative authority over federal grant lands will be tested by fiduciary principles. 2. Common law trust principles are instructive with respect to the administration of federal trust lands by the State, but the Legislature's management decisions are accorded a deference not granted a private trustee because of the presumption of constitutionality that applies to exercises of state legislative authority. 3. Federal and state laws of general application (such as the Endangered Species Act) apply to federal grant lands administered by the State. 4. The State's duties as trustee of federal grant lands run separately to each trust; joint administration is permissible where it serves the interests of each trust, so long as each trust is separately accounted for. 5. The State must separately account for each federal land grant trust, and maintain separate funds or accounts to that end. 6. The Legislature may lawfully delegate to the Department of Natural Resources and the Commissioner of Public Lands a role in administering forest lands within the State, including federal grant lands, while simultaneously authorizing the same agency and officer to play a role in regulating such lands. 7. In its administration of federal trust lands, the Department of Natural Resources is not subject to chapters 11.98, 11.100, 11.106 or 11.110 RCW. 8. The Department of Natural Resources has the authority to satisfy the requirements of the Endangered Species Act by entering into a long-term management plan, so long as the plan does not violate the Department's common law or statutory duties regarding the federal grant land trusts. 9. The exercise of discretion by the Department of Natural Resources with respect to administration of federal grant lands will be tested against an abuse of discretion standard; as against a trust beneficiary, principles regarding a trustee's exercise of discretion would apply, while as against a non-beneficiary, principles of administrative law would apply.
LEGISLATURE - STATE AUDITOR - STATE AGENCIES - PUBLIC RECORDS - TELEPHONE RECORDS
State Auditor may require Legislature to maintain detailed telephone records for audit 1. The State Auditor's authority to audit the records of agencies, including the Legislature, implies authority to require that records be kept in sufficient detail to satisfy audit needs. 2. The State Auditor has authority to require state agencies, including the Legislature, to maintain records of telephone numbers called from state-owned telephones, for audit purposes. 3. If the State Auditor maintains files containing legislative telephone records, such records are exempt from public disclosure while the audit investigation is pending; thereafter, the records are generally not exempt from disclosure unless someone can make a showing that particular records fall within some recognized exception to the public disclosure laws. 4. The State Auditor's authority to audit the Legislature, including the authority to prescribe the keeping of records for audit purposes, extends to the Legislature itself and to committees created by the Legislature (such as the Legislative Transportation Committee and the Legislative Evaluation and Accountability Program Committee), and to persons or agencies exercising legislative power (such as the State Actuary and the Redistricting Commission).
CONSTITUTIONAL AMENDMENT - LEGISLATURE - WITHDRAWAL OF PROPOSED CONSTITUTIONAL AMENDMENT - SUBMISSION OF TWO AMENDMENTS TO SAME PART OF CONSTITUTION
CONSTITUTIONAL AMENDMENT - LEGISLATURE - WITHDRAWAL OF PROPOSED CONSTITUTIONAL AMENDMENT - SUBMISSION OF TWO AMENDMENTS TO SAME PART OF CONSTITUTION (1) Under the provision of Article XXIII, § 1 (Amendment 37) of the Washington Constitution, once the legislature has considered and agreed to a proposed constitutional amendment by the requisite two-thirds majority of the members of both houses, and has filed the proposed amendment with the secretary of state for the purpose of submission to the voters, the legislature has exhausted its power with respect to the particular constitutional amendment; therefore, the 41st legislature, at a special session held prior to the time of the election thereon, may not withdraw and amend the provisions of the proposed constitutional amendment which it has previously agreed to and filed with the secretary of state. (2) The legislature may, however, propose a second and different amendment to the same portion of the constitution as is the subject of the previously proposed amendment to the end that both amendments would be voted upon by the people at the same general election.
SUPERINTENDENT OF PUBLIC INSTRUCTION - STATE CONSTITUTION - LEGISLATURE - SCHOOLS - EDUCATION
Authority of the Legislature to define powers and duties of the Superintendent of Public Instruction 1. The Legislature has discretion to prescribe the specific duties of the Superintendent of Public Instruction and to create agencies and institutions to administer the state's public education system; however, it must respect the constitutional language granting the Superintendent "supervisory" power over the public school system. 2. The public school system, for purposes of defining the constitutional "supervision" authority of the Superintendent of Public Instruction, includes the common school system of elementary, intermediate, and high schools, and would also include normal schools and technical schools if the Legislature were to create any. 3. The Legislature may not "delegate" to another officer or agency the "supervision" authority of the Superintendent of Public Instruction over the public schools; however, with this restriction, the Legislature has broad discretion to create state and local agencies and institutions to administer the public education system, and to define their respective powers and duties.
STATE LANDS - FOREST LAND - LEGISLATURE - ENABLING ACT - TRUSTS - SCHOOLS - EDUCATION
Authority to invest principal of permanent common school fund The Legislature may by law authorize the investment of moneys in the Permanent Common School Fund, and may define by statute the manner in which such funds may be invested.
LEGISLATURE - AUTHORITY OF LEGISLATIVE BUDGET COMMITTEE TO AUDIT ATTENDANCE RECORDS OF PUBLIC SCHOOLS WHICH RECEIVE STATE MONEYS
LEGISLATURE ‑- AUTHORITY OF LEGISLATIVE BUDGET COMMITTEE TO AUDIT ATTENDANCE RECORDS OF PUBLIC SCHOOLS WHICH RECEIVE STATE MONEYS The legislative budget committee has no statutory authority to audit the attendance records of public schools which receive state moneys.
OFFICES AND OFFICERS - STATE - LEGISLATURE - AUTHORITY TO USE PRINCIPAL ASSETS OF CERTAIN FUNDS FOR CAPITAL OUTLAY OR CURRENT OPERATIONS
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATURE ‑- AUTHORITY TO USE PRINCIPAL ASSETS OF CERTAIN FUNDS FOR CAPITAL OUTLAY OR CURRENT OPERATIONS The legislature may not provide for the use of the principal assets of the permanent common school fund, scientific school permanent fund, university permanent fund, normal school permanent fund, agriculture college permanent fund, Millersylvania Park fund and C. E. P. & R. I. fund for capital outlay or current operations.
Authority to provide that a state general election be held in every odd numbered year at which certain public officers would be elected and constitutional amendments, initiatives and referendums would The legislature can enact legislation providing that a state general election be held on the Tuesday after the first Monday in November of every odd numbered year at which election certain public officers would be elected and all constitutional amendments, initiatives and referendums would be submitted.
TAXATION - REFUND TO PRIVATE TRANSPORTATION SYSTEM OF THE AMOUNT OF MOTOR VEHICLE FUEL TAX PAID ON EACH GALLON OF FUEL USED DOES NOT VIOLATE ARTICLE VII, § 5, OF THE STATE CONSTITUTION - LEGISLATURE - RE‑ENACTMENT [[REENACTMENT]]OF RCW 82.36.275 AUTHORIZING REFUND OF MOTOR VEHICLE FUEL TAX IS NOT A GIVING OF A SUBSIDY BUT MERELY THE EXEMPTION OR EXCLUSION OF SUCH USE OF FUEL FROM THE MOTOR VEHICLE FUEL TAX
TAXATION ‑- REFUND TO PRIVATE TRANSPORTATION SYSTEM OF THE AMOUNT OF MOTOR VEHICLE FUEL TAX PAID ON EACH GALLON OF FUEL USED DOES NOT VIOLATE ARTICLE VII, § 5, OF THE STATE CONSTITUTION... The re‑enactment [[reenactment]] by the legislature of the refund to urban transportation system of motor vehicle fuel tax as provided in RCW 82.36.275 which expires June 30, 1959, would not violate Article VIII, § 5, of the state constitution but constitutes an exception or exclusion from such tax where the refund is paid to private transportation systems.
TAXATION - DEDUCTION OF REFUND OF URBAN TRANSPORTATION SYSTEM OR MOTOR VEHICLE FUEL TAX FROM SUMS CREDITED TO CITIES - CITIES AND TOWNS - DEDUCTION OF SUMS IN MOTOR VEHICLE FUND CREDITED TO CITY WHERE REFUNDED TO URBAN TRANSPORTATION SYSTEM - LEGISLATURE - AUTHORITY TO SPECIFY MEANS OF REFUNDING MOTOR VEHICLE FUEL TAX TO URBAN TRANSPORTATION SYSTEM
TAXATION ‑- DEDUCTION OF REFUND OF URBAN TRANSPORTATION SYSTEM OR MOTOR VEHICLE FUEL TAX FROM SUMS CREDITED TO CITIES -- CITIES AND TOWNS ‑- DEDUCTION OF SUMS IN MOTOR VEHICLE FUND CREDITED TO CITY... Legislature is authorized to provide that refund of urban transportation system of motor vehicle fuel tax collected on fuel used by such system be deducted from the sums in the motor vehicle fund credited to the city wherein the transportation system operates.
LEGISLATURE - INTERIM COMMITTEE EXPENSES
LEGISLATURE ‑- INTERIM COMMITTEE EXPENSES Members of joint fact finding committee on highways, streets and bridges are entitled to reimbursement for expenses plus mileage for days or parts of days spent traveling to and from meetings of the committee.
AUTHORITY TO ENACT LEGISLATION AUTHORIZING USE OF STATE FUNDS FOR SCHOLARSHIPS IN THE FORM OF CASH AWARDS, LOANS OR FREE TUITION AND FEES a
LEGISLATURE - VACANCIES - FILLING - SENATOR - DEATH
LEGISLATURE ‑- VACANCIES ‑- FILLING ‑- SENATOR ‑- DEATH A vacancy created in the legislature by the death of a senator must be filled by appointment if one or part of one regular session of the legislature remains. If there is only an eventuality of a special session then the appointment is to be made upon calling of the special session. The salary of the appointee commences when he has qualified and taken his oath of office.
OFFICERS - LEGISLATURE - EXPENSES - MOTOR VEHICLE FUND
OFFICERS ‑- LEGISLATURE ‑- EXPENSES ‑- MOTOR VEHICLE FUND
Legislator, as member of statutory interstate committee on highway problems, may be reimbursed for expenses from motor vehicle fund.
LEGISLATURE - INTERIM COMMITTEES, POWER OF SUBPOENA
LEGISLATURE ‑- INTERIM COMMITTEES, POWER OF SUBPOENA
Interim committee on fisheries established by Senate Joint Resolution 19 has no power of subpoena.
LEGISLATURE - VACANCY - PROSPECTIVE APPOINTMENT
LEGISLATURE ‑- VACANCY ‑- PROSPECTIVE APPOINTMENT The death of a newly elected member of the House of Representatives subsequent to his election, but prior to this taking of office on the second Monday in January following his election, does not create any vacancy in the office at the time of his death, but the county commissioners may make a prospective appointment now to take effect January 8, 1951, so long as the county commissioners are not interfering with the rights and prerogatives of their successors, should there be any, taking office January 8, 1951.
LEGISLATURE - REDISTRICTING
AUTHORITY OF STATUTORY REDISTRICTING COMMISSION A legislative redistricting plan formulated by a statutorily-created redistricting commission could not become effective without being enacted into law by the legislature in the manner that other laws, generally, are enacted.
OFFICES AND OFFICERS - STATE - GOVERNOR - LEGISLATURE
EFFECT OF ACTION BY SENATE RETURNING ALL UNCONFIRMED APPOINTEES TO THE GOVERNOR Where, at the request of a new governor, the Senate voluntarily returns the names of those unconfirmed appointees then pending before it, the appointees involved are not thereafter entitled to continue in office until the Governor makes new appointments.
LEGISLATURE - SCHOOLS
CONSTITUTIONALITY OF LEGISLATION CLOSING STATE SCHOOLS FOR THE BLIND AND DEAF The provisions of Article XIII, § 1 of the Washington Constitution do not mean that it would be unconstitutional for the legislature to repeal chapters 72.40 through 72.42 RCW which establish, and relate to the operation of, the state schools for the blind and deaf.
LEGISLATURE - AMENDMENT TO EXISTING STATUTE - TAXATION - INHERITANCE
ATTORNEYS' FEES UNDER INHERITANCE TAX LAW (1) While clarification may also have been an object of the passage of § 2, chapter 209, Laws of 1979, 1st Ex. Sess., amending RCW 83.04.013, its passage further evidences a legislative intent to make certain substantive changes in that statute. (2) Prior to the foregoing 1979 amendment to RCW 83.04.013, attorneys' fees incurred in an estate administration other than those attorneys' fees incidental to the preparation of federal and state inheritance tax returns were deductible for inheritance tax purposes.
LEGISLATURE - ADMINISTRATIVE LAW - LAW AGAINST DISCRIMINATION
EFFECTIVE DATE OF CHAPTER 259, LAWS OF 1981 (1) The effective date of §§ 2, 3 and 4 of chapter 259, Laws of 1981, relating to the appointment of administrative law judges to hear complaints filed pursuant to the state law against discrimination (chapter 49.60 RCW) is July 1, 1982. (2) The legal authority to appoint such administrative law judges for the Washington State Human Rights Commission is vested in the chief administrative law judge who is appointed by the Governor in accordance with § 12(1), chapter 67, Laws of 1981.
APPROPRIATIONS - LEGISLATURE - LANDS - RECREATION
USE OF LANDS ACQUIRED WITH CERTAIN APPROPRIATION In view of the source of the appropriation involved it would be improper for the state to purchase the Milwaukee Railroad right-of-way and existing bridges from Easton in Kittitas County to Tekoa in Whitman County, in accordance with § 17, chapter 143, Laws of 1981, with the present intent or plan to use the subject property for a purpose other than recreation; however, based upon a material change of circumstances following its acquisition, justifying a corresponding change in use, it would be permissible for the legislature to authorize such an ensuing change in use of the land.
APPROPRIATIONS - STATE - LEGISLATURE - GOVERNOR
CONSTITUTIONALITY OF PROPOSED CAPITAL BUDGET In the event that a special session of the legislature is convened by the Governor sometime during the winter or early spring of 1978, that session of the legislature would not be either constitutionally or statutorily precluded from enacting a bill making appropriations for designated capital projects pursuant to which expenditures for such projects could be made during the period commencing on July 1, 1978 and ending June 30, 1980.
OFFICES AND OFFICERS - STATE - GOVERNOR - LEGISLATURE - VETO
TIME OF PASSAGE OF BILL OVERRIDDING GUBERNATORIAL VETO When an act is vetoed by the governor under Article III, § 12 of the Washington constitution, and is returned with his objections to the house in which it originated during the same session as is provided for therein, the power of the legislature to override the veto is not dependent on that power being exercised during the same legislative session so as to preclude it from overridding the veto unless it does so before the end of the session.
OFFICES AND OFFICERS - STATE - GOVERNOR - LEGISLATURE - VETO
TIME OF PASSAGE OF BILL OVERRIDING GUBERNATORIAL VETO The ability of the first extra special session of the 1975 legislature to override a gubernatorial veto of a bill passed by the legislature prior to 1975 is not clear; accordingly, rather than attempting to cause any such previously vetoed bills to become law by a simple veto override, it is suggested that in order to remove any doubts as to the validity of the resulting laws the legislature should, instead, pass those laws again in the ordinary manner.
LEGISLATURE - APPROPRIATIONS - STATE
CONSTITUTIONALITY OF RELIEF APPROPRIATIONS Discussion of constitutional criteria to be applied under Article VIII, § 5 of the state constitution with respect to appropriations made by the legislature for the relief of certain individuals or organizations for legally unenforceable claims against the state.
TAXATION - COUNTIES - CITIES AND TOWNS - FUNDS - STATE - LEGISLATURE
DIVISION OF CERTAIN LOCAL EXCISE TAX REVENUES Extent to which the 1975 legislature may constitutionally divert proceeds derived from local motor vehicle excise taxes under RCW 35.58.273, et seq., from the taxing municipality for other purposes.
OFFICES AND OFFICERS - STATE - GOVERNOR - LEGISLATURE
POWER OF GOVERNOR TO RECALL LEGISLATURE DURING RECESS When, during a special session of the legislature which has been convened by the governor under Article III, § 7 of the Washington constitution, a concurrent resolution is adopted by which both houses adjourn until a date certain, each with the consent of the other, the governor has the legal authority to convene another special session to be held during the period of such adjournment.
LEGISLATURE - APPROPRIATIONS - CRIMES - FAILURE OF LEGISLATURE TO COMPLY WITH RCW 43.88.080
LEGISLATURE ‑- APPROPRIATIONS ‑- CRIMES ‑- FAILURE OF LEGISLATURE TO COMPLY WITH RCW 43.88.080
A failure by the state legislature to have finally adopted a budget for state government at least 30 calendar days prior to the beginning of the next ensuing biennium, as contemplated by RCW 43.88.080, will not subject the individual members of the two houses to criminal prosecution under RCW 43.88.270.
INITIATIVE AND REFERENDUM - LEGISLATURE - PROCESSING OF INITIATIVE TO THE LEGISLATURE - SUBMISSION OF ALTERNATE PROPOSAL
INITIATIVE AND REFERENDUM ‑- LEGISLATURE ‑- PROCESSING OF INITIATIVE TO THE LEGISLATURE ‑- SUBMISSION OF ALTERNATE PROPOSAL
(1) An initiative to the legislature, if enacted by the legislature, is not subject to gubernatorial veto.
(2) An initiative to the legislature may be rejected either by formal action, by informal inaction prior to the end of the regular session to which the initiative was submitted, or by the passage of an alternative measure to be submitted to the voters along with the initiative at the next ensuing regular general election.
(3) An alternative to an initiative to the legislature need not be passed at the regular session to which the initiative itself was submitted but, to be effective, such an alternative must be passed in time to permit its submission to the voters at the same general election as the one at which the rejected initiative, alone, would be required to be voted upon if an alternative measure had not also been enacted.
MOTOR VEHICLES - TAXATION - LEGISLATURE
CONSTITUTIONALITY OF USING CERTAIN GASOLINE TAX REVENUES FOR OTHER THAN HIGHWAY PURPOSES The legislature may constitutionally authorize counties and cities to impose and collect a license fee on motor vehicles and/or a tax on motor vehicle fuel and to use the revenue collected therefrom for purposes other than "highway purposes" as that term is used and defined in Article II, § 40 (Amendment 18) of the Washington Constitution.
APPROPRIATIONS - LEGISLATURE - STATE AGENCIES - ADOPTION OF BIENNIAL BUDGET
APPROPRIATIONS ‑- LEGISLATURE ‑- STATE AGENCIES ‑- ADOPTION OF BIENNIAL BUDGET Legal consequences of a failure by the legislature to adopt a biennial state budget prior to the commencement of the fiscal period to be covered thereby.
CONSTITUTIONAL AMENDMENTS - LEGISLATURE - COURTS
SUBMISSION OF JUDICIAL ARTICLE AS SINGLE AMENDMENT Senate Joint Resolution No. 113, proposing a new judicial article to the state Constitution, may be submitted to the voters as a single amendment to the state Constitution.
OFFICES AND OFFICERS - STATE - GOVERNOR - LEGISLATURE - SECRETARY OF STATE - VETO
EFFECTIVE DATE OF BILL PARTIALLY VETOED BY GOVERNOR DURING LEGISLATIVE SESSION Where during a legislative session and prior to the general adjournment thereof a bill not subject to referendum and bearing an immediate effective date is partially vetoed by the governor, the remainder of the bill takes effect immediately and the secretary of state is required to record it and assign it a chapter number under RCW 44.20.020.
INITIATIVE NO. 276 - LEGISLATURE - BUDGET
SUBMISSION OF BUDGET REQUEST TO LEGISLATURE (1) When requested by a committee or member of the legislature, a state agency may disclose to that committee or member information relating to programming, revenue, spending or other fiscal matters involving that agency. (2) The authorized means for state agencies to communicate their budget requests to the legislature in the absence of such a request by a committee or member of the legislature is through certain procedures set forth in the state budget and accounting act.
INITIATIVE AND REFERENDUM - LEGISLATURE - ALTERNATIVE MEASURE 43-B - (1973) - SHORELINE MANAGEMENT ACT OF 1971
INITIATIVE AND REFERENDUM ‑- LEGISLATURE ‑- ALTERNATIVE MEASURE 43-B ‑- (1973) ‑- SHORELINE MANAGEMENT ACT OF 1971 In order to amend the provisions of Alternative Measure 43-B, the "Shoreline Management Act of 1971," during the current (1973) legislative session, it will be necessary that any such amendment have the approval of a two-thirds majority of the members of each house of the legislature, unless the amendments are contained in a referendum bill.
LEGISLATURE - LEGISLATORS - MAY STATE LEGISLATOR ALSO BE A STATE EMPLOYEE
LEGISLATURE ‑- LEGISLATORS ‑- MAY STATE LEGISLATOR ALSO BE A STATE EMPLOYEE Consideration of the eligibility of a member of the legislature to be employed by a state agency during the period of time the state legislature is not in session; applicability of Washington Constitution Article II, § 13; impact of federal Hatch Act and/or RCW 41.06.250 upon the applicability of such a legislator to campaign for reelection while serving as an employee of a state agency.
LEGISLATURE - INITIATIVE AND REFERENDUM - EFFECTIVE DATE OF BILLS SUBJECT TO REFERENDUM
LEGISLATURE ‑- INITIATIVE AND REFERENDUM ‑- EFFECTIVE DATE OF BILLS SUBJECT TO REFERENDUM All bills subject to referendum which were passed by the 1973 first extraordinary session of the legislature will become effective at midnight on Sunday, July 15, 1973, unless a later effective date is specified therein.
LEGISLATURE - GOVERNOR - VETO POWER
LEGISLATURE ‑- GOVERNOR ‑- VETO POWER When a single bill is returned with more than one section or item vetoes, the legislature is constitutionally empowered to reconsider each veto separately.
LEGISLATURE - LOTTERIES - GAMBLING
INITIATIVE AND REFERENDUM While the ultimate approval of sixty percent of the voters will be required to pass a referendum bill authorizing lotteries under Article II, § 24 of the state Constitution, the legislature may pass and order a referendum on such a bill by a simple majority vote of the members of both houses.
INITIATIVE NO. 276 - LEGISLATURE - LOBBYING
ACTIVITIES OF CITIZENS ADVISORY COMMITTEE The members of a citizens advisory committee will only be required to register and report as lobbyists under Initiative No. 276 if (1) their activities are such as to constitute "lobbying" as defined in RCW 42.17.020(16), and (2) they are compensated in connection with those activities in a manner other than as employees of the legislature.
LEGISLATURE - VACANCIES - PRECINCT COMMITTEEMEN
NECESSITY FOR CONSTITUTIONAL AMENDMENT RELATIVE TO LEGISLATIVE VACANCIES A proposal to require political party county central committees to nominate persons to fill legislative vacacies from a list submitted by the precinct committeemen of a legislative district involved will require a constitutional amendment.
PENSIONS - RETIREMENT - PERS - STATE TEACHERS' RETIREMENT SYSTEM - LEGISLATURE - CONTRACTS - AUTHORITY OF LEGISLATURE TO MODIFY EMPLOYEES' PENSION PLANS
PENSIONS ‑- RETIREMENT ‑- PERS ‑- STATE TEACHERS' RETIREMENT SYSTEM ‑- LEGISLATURE ‑- CONTRACTS ‑- AUTHORITY OF LEGISLATURE TO MODIFY EMPLOYEES' PENSION PLANS Unless accompanied by correlative new benefits and/or a demonstrable showing of necessity for the purpose of maintaining the integrity of the applicable pension system, a legislative act amending the statutes governing the computation of retirement allowances for members of the teachers' retirement system and the public employees' retirement system so as to (1) exclude from consideration any pay increases received by current active members of these two retirement systems after the effective date of such amendments or (2) reduce the levels of retirement allowances ultimately to be received by such members in all cases where the amounts payable to those members from the federal social security program are correspondingly increased, would be unconstitutional.
ELECTIONS - LEGISLATURE - FILING FEES
COMPUTATION OF LEGISLATORS' FILING FEES FOR 1974 ELECTIONS The filing fee to be paid by candidates for election to the state legislature at the November, 1974, state general election for terms commencing in January, 1975, is $38.00.
CITIES AND TOWNS - FIRST CLASS - LEGISLATURE
POWER OF FIRST CLASS CITIES TO PERFORM VARIOUS HUMAN RESOURCE FUNCTIONS Subject to constitutional or stautory limitations, cities of the first class may, by appropriate action of their own legislative authorities, engage in certain "human resource functions" such as would be provided for by Substitute House Bill No. 1455.
COURTS, SUPERIOR - COUNTIES - LEGISLATURE
Authority Of County Legislative Authority To Eliminate A Superior Court Position Upon Occurrence Of A Vacancy
The state constitution vests authority in the legislature to direct the number of judges of the superior court. A county legislative authority wishing to reduce the number of existing judgeships may work with the legislature to accomplish that result.