S-317                 _______________________________________________

                                                   SENATE BILL NO. 3063

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Rasmussen and Metcalf

Read first time 1/15/85 and referred to Committee on Government Operations.

AN ACT Relating to federal regionalism; adding new sections to Title 42 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     (1) The legislature hereby finds and declares that by Executive Order 12407, "Federal Regional Councils", dated 22 February 1983, President Ronald Reagan abolished the ten standard federal regions.

          (2) The legislature hereby finds and declares that the Supreme Court of the United States, Case # 80-1350, "Community Communications Company, Inc., vs. City of Boulder, Colorado", dated 13 January 1982, ruled that "home rule" regional governance is unconstitutional.

          (3) The legislature hereby finds and declares that Executive Order 12314, "Federal Regional Councils," dated 22 July 1981, is void because it is legislative in nature and therefore void under Article I  of the Constitution of the United States which vests all federal legislative power in the congress of the United States, and because neither the states nor the congress have delegated authority to any other branch of government to exercise regional control over the states.  Therefore, any action by the United States, of any agency or instrumentality of the United States that purports to group one or more states into such a so-called region, or which attempts to impose regional control over the states is void in this state.

NEW SECTION. Sec. 2.     (1) No person may enforce Executive Order # 12314 of the President of the United States, adopted 22 July 1981, "Federal Regional Councils," as amended or readopted, or any similar order.

          (2) Whoever violates subsection (1) of this section is guilty of usurpation of regional authority, a gross misdemeanor, for which, upon conviction, a court shall impose a sentence  of imprisonment as specified by chapter 9A.20 RCW.

          (3) Any person injured by a violation of subsection (1) of this section may bring a civil action.  The prevailing party in such an action, as determined by the court, may recover compensatory damages and costs of the action, including reasonable attorneys' fees.

          (4) This section imposes strict criminal liability.

NEW SECTION. Sec. 3.     Any person required to take an oath under section 4 of this act who violates that oath and any person who violates section 2 of this act forfeits his office or employment and is ineligible to hold any other public office or employment for life.  In such a case, if the  person refuses to vacate a public office, the attorney general or prosecuting attorney in the person's county residence shall bring an action in quo warranto.

NEW SECTION. Sec. 4.     (1) Each person chosen or  appointed to an office under the Constitution or laws of this state, and each deputy or clerk of such office, shall take an oath of office before entering upon the discharge of duties.  The failure to take such oath shall not affect liability or the liability of sureties.

          (2) Before entering upon the discharge of duties, each person elected to the senate or house of representatives of the United States from this state shall take an oath of office in the county of residence to support the Constitution of the United States.

NEW SECTION. Sec. 5.     Sections 2 through 4 of this act shall be added to Title 42 RCW.