Other Languages1. 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.
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).
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.
(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.
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.
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.
(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.
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.
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.
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.