SB 5557-S - DIGEST

(DIGEST AS ENACTED)

      Revises requirements for recording of surveys which are a retracement of boundaries of property.

VETO MESSAGE ON SB 5557-S

                        March 31, 1992

To the Honorable, the Senate

  of the State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval as to section 2, Substitute Senate Bill No. 5557 entitled:

"AN ACT Relating to recording of surveys."

      Section 1 of Substitute Senate Bill No. 5557 amends the Survey Recording Act of 1973 (RCW 58.09) by clearly specifying when a record of survey is not required.  Section 2 requires the Department of Natural Resources to adopt rules and regulations limiting the exemptions when the public interest will be served.

      I support the legislature's desire to protect the public interest in matters related to land surveys.  I am concerned, however, that section 2 authorizes the Department of Natural Resources to override policies established in statute by the adoption of rules.  This provision not only creates the potential for confusion among the surveying community, but also raises questions about the appropriateness of requiring a state agency to adopt rules which negate statutory exemptions to land survey recording requirements.  I am satisfied that the public interest is sufficiently protected through the provisions of section 1.

      For this reason, I have vetoed section 2 of Substitute Senate Bill No. 5557.

      With the exception of section 2, Substitute Senate Bill No. 5557 is approved.

                        Respectfully submitted,

                        Booth Gardner

                        Governor