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HOUSE
JOINT MEMORIAL 4010
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State of Washington 53rd
Legislature 1993 Regular Session
By
Read
first time 02/08/93. Referred to Committee on Transportation.
Expressing opposition to sanctions on federal highway funds.
TO THE HONORABLE MIKE LOWRY, GOVERNOR OF THE
STATE OF WASHINGTON AND TO THE SECRETARY OF TRANSPORTATION OF THE UNITED
STATES:
We, your Memorialists, the Senate and House of
Representatives of the State of Washington, in legislative session assembled,
respectfully represent and petition as follows:
WHEREAS, The Federal Government has enacted
legislation to withhold federal aid to highways in this State beginning October
1, 1993, unless the Legislature and the Governor consider and act upon state
legislation related to the suspension or revocation of the driver's license of
any person convicted of drug offenses; and
WHEREAS, The government of the United States
provided that the Secretary of Transportation may grant an exclusion to any
state if the governor of the state submits to the Secretary of Transportation a
written certification that:
(1) The governor is opposed to the enactment in
his state of a law as described above; and
(2) Each house of the legislature has adopted a
resolution expressing its opposition to a law as described above; and
WHEREAS, The state's action in responding to
this federal requirement must be transmitted to the federal Department of Transportation
before April 1, 1993; and
WHEREAS, The Legislature of the State of
Washington holds that the granting or withholding of driving privileges is and
always has been a prerogative of the states to decide for themselves, not the
federal Government; and
WHEREAS, The Legislature of the State of
Washington holds that the imposition of the above-mentioned revocation or
suspension of a driver's license is unrelated to a violation of laws pertaining
to motor vehicle operation; and
WHEREAS, The Legislature of the State of
Washington takes notice of the fact that the laws of the State of Washington
currently provide substantial criminal and civil penalties for the crime of
operating a motor vehicle while under the influence of any drug, including the
suspension or revocation of the driver's license of a person so convicted; and
WHEREAS, The Governor's Council on Substance
Abuse, at its October 1991 meeting recommended to the Governor that the State
of Washington obtain an exemption from this federal sanction; and
WHEREAS, The National Governors Association
adopted a resolution on February 5, 1991, that stated "NGA opposes
preemption of state policies, practices, and taxation procedures and opposed
the use of sanctions on highway funds to secure state compliance with federal
policies."; and
WHEREAS, The Legislature of the State of
Washington, wishes to make it clear that it is opposed to the passage of such a
law governing the citizens of the State of Washington under such a federal
mandate;
NOW, THEREFORE, Your Memorialists respectfully
pray that the Governor seek an exemption from the requirements of the federal
legislation from the Secretary of Transportation; and
BE IT RESOLVED, That copies of this resolution
be immediately transmitted to the United States Secretary of Transportation.
