BP BHEAD INT H

TO THE PRESIDENT OF THE COUNCIL OF STATE GOVERNMENTS, GOVERNOR E. BENJAMIN NELSON, AND THE CHAIR OF THE COUNCIL OF STATE GOVERNMENTS, REPRESENTATIVE ROBERT C. HUNTER, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:

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 United States Constitution established a balanced compound system of governance and through the Tenth Amendment reserved all nondelegated and nonprohibited powers to the States or to the people; and

WHEREAS, Over many years, the Federal government has dramatically expanded the scope of its power and preempted state government authority and increasingly has treated States as administrative subdivisions or as special interest groups, rather than coequal partners; and

WHEREAS, The number of Federal unfunded mandates has grown exponentially during the last thirty years and has profoundly distorted State budgets, thereby handcuffing the ability of State leaders to provide appropriate and needed services to their constituencies; and

WHEREAS, Since 1990, the Federal government has enacted at least forty-two major statutes imposing burdensome and expensive regulations and requirements on States and Localities, which is nearly equal to all those enacted in the prior two decades combined; and

WHEREAS, Recent decisions of the United States Supreme Court give only slight hope for judicial restrictions on Federal usurpation of state authority;

NOW, THEREFORE, Your Memorialists respectfully pray that the following be adopted:

(1) A delegation of five voting persons from the State of Washington shall be appointed to represent the State of Washington at a Conference of the States for the purposes described in Paragraph (2) to be convened as provided in paragraph (3). The delegation shall consist of five voting persons as follows: (a) The governor or, if the governor does not wish to be a member of the delegation then a constitutional officer selected by the governor; and (b) four legislators, two from each house selected by the presiding officer of that house. No more than two of the four legislators may be from the same political party. Each presiding officer may designate two alternate legislator delegates, one from each party, who have voting privileges in the absence of the primary delegates.

(2) The delegates of the Conference of the States will propose, debate, and vote on elements of an action plan to restore checks and balances between States and the national government. Measures agreed upon will be formalized in an instrument called a States' Petition and returned to the delegation's State for consideration by the entire legislature.

(3) The Conference of the States shall be convened under the section 501(c)3 auspices of the Council of State Governments in cooperation with the National Governors' Association and the National Conference of State Legislatures no later than two hundred seventy days after at least twenty-six legislatures adopt this resolution without amendment.

(4) Prior to the official convening of the Conference of the States the steering committee will draft:

(a) The governance structure and procedural rules for the Conference;

(b) The process for receiving rebalancing proposals; and

(c) The financial and administrative functions of the Conference, including the Council of State Governments as fiscal agent.

(5) The bylaws shall:

(a) Conform to the provisions of this resolution;

(b) Specify that each state delegation shall have one vote at the Conference; and

(6) Upon the official convening of the Conference of the States, the State delegations will vote upon and approve the Conference governing structure, operating rules, and bylaws.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to Governor E. Benjamin Nelson, the President of the Council of State Governments, Representative Robert C. Hunter, Chair of the Council of State Governments, and to each member of the Senate and House of Representatives of the United States.