BILL REQ. #:  H-4133.1 

Read first time 01/22/2004.   Referred to Committee on State Government.

     AN ACT Relating to the governor's powers during an emergency; and amending RCW 43.06.010.

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

Sec. 1   RCW 43.06.010 and 1994 c 223 s 3 are each amended to read as follows:
     In addition to those prescribed by the Constitution, the governor may exercise the powers and perform the duties prescribed in this and the following sections:
     (1) The governor shall supervise the conduct of all executive and ministerial offices;
     (2) The governor shall see that all offices are filled, including as provided in RCW 42.12.070, and the duties thereof performed, or in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session;
     (3) The governor shall make the appointments and supply the vacancies mentioned in this title;
     (4) The governor is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States;
     (5) Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, the governor may direct the attorney general to appear on behalf of the state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;
     (6) The governor may require the attorney general or any prosecuting attorney to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in this state, and report the same to the governor, or to any grand jury designated by the governor, or to the legislature when next in session;
     (7) The governor may require the attorney general to aid any prosecuting attorney in the discharge of the prosecutor's duties;
     (8) The governor may offer rewards, not exceeding one thousand dollars in each case, payable out of the state treasury, for information leading to the apprehension of any person convicted of a felony who has escaped from a state correctional institution or for information leading to the arrest of any person who has committed or is charged with the commission of a felony;
     (9) The governor shall perform such duties respecting fugitives from justice as are prescribed by law;
     (10) The governor shall issue and transmit election proclamations as prescribed by law;
     (11) The governor may require any officer or board to make, upon demand, special reports to the governor, in writing;
     (12) The governor may, after finding that a public disorder, disaster, energy emergency, or riot exists within this state or any part thereof which affects life, health, property, or the public peace, proclaim a state of emergency in the area affected((, and)). The powers granted the governor during a state of emergency ((shall be)) are effective only within the area described in the proclamation. In addition to all other emergency powers, the governor may, at his or her discretion, order any state executive agency or individual agency office to cease operation until the governor declares that order has been restored;
     (13) The governor may, after finding that there exists within this state an imminent danger of infestation of plant pests as defined in RCW 17.24.007 or plant diseases which seriously endangers the agricultural or horticultural industries of the state of Washington, or which seriously threatens life, health, or economic well-being, order emergency measures to prevent or abate the infestation or disease situation, which measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides;
     (14) On all compacts forwarded to the governor pursuant to RCW 9.46.360(6), the governor is authorized and empowered to execute on behalf of the state compacts with federally recognized Indian tribes in the state of Washington pursuant to the federal Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq., for conducting class III gaming, as defined in the Act, on Indian lands.