HOUSE BILL REPORT

                  HB 2238

             As Reported By House Committee On:

                      State Government

Title:  An act relating to repealing provisions requiring public entities to purchase fuels mined or produced in Washington state.

Brief Description:  Eliminating provisions requiring public entities to purchase fuel mined or produced in Washington state.

Sponsors:  Representatives B. Thomas, Dorn, Padden, Bray, Casada, Anderson, Horn, Chappell, Brumsickle and Dyer.

Brief History:

  Reported by House Committee on:

State Government, February 2, 1994, DPS.

HOUSE COMMITTEE ON STATE GOVERNMENT

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 9 members:  Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.

Staff:  Bonnie Austin (786-7135).

Background:  In 1933 and 1937, the Legislature passed a series of laws requiring that state, local governments and school districts purchase fuel "wholly mined or produced within the state" unless the costs of using such fuel is over 5 percent greater than the costs of using out-of-state fuel.  In 1938, and again in 1989, the state Supreme Court held that these statutes are unconstitutional.

Summary of Substitute Bill:  The statutes requiring that the state, local governments and school districts purchase fuel produced within the state are repealed.

Substitute Bill Compared to Original Bill:  All three sections of law held to be unconstitutional are repealed.

Fiscal Note:  Not requested.

Effective Date of Substitute Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  These provisions have been held to be unconstitutional two times.  It's time to take them off the books.

Testimony Against:  None.

Witnesses:  Representative Brian C. Thomas, prime sponsor (pro).