S-2968.1  _______________________________________________

                         SENATE BILL 6106

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators McCaslin and Patterson

Read first time 04/25/1999.  Referred to Committee on State & Local Government.

Providing a procedure to fill temporary vacancies in the legislature due to incapacity.

    AN ACT Relating to incapacity of members of the legislature; and adding a new section to chapter 44.04 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 44.04 RCW to read as follows:

    (1) The legislature recognizes the need to provide a means for interim appointments in the case of mental or physical incapacities that render any member of the legislature temporarily unable to perform his or her legislative duties.

    (2) For purposes of this section, "incapacity" means a physical or mental incapacity that in the opinion of two qualified medical professionals renders a member of the legislature unable to perform his or her legislative duties for an indeterminate period of time.

    (3) If a member of the legislature is incapacitated, then his or her position shall be filled on an interim basis in the manner set forth in Article II, section 15, of the state Constitution.

    (4) If a member of the legislature recovers from his or her incapacity, then the member shall immediately resume his or her position, and the appointee shall immediately relinquish the position.  If the position becomes vacant due to death or resignation of the member, or removal of the member pursuant to RCW 42.12.010, then the interim appointee shall immediately relinquish the position, and the vacancy shall be filled in the manner set forth in Article II, section 15 of the state Constitution.

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