BILL REQ. #:  H-3751.1 

Read first time 01/10/2006.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to expanding the continuity of government act; amending RCW 42.14.010, 42.14.030, and 42.14.035; creating a new section; and providing an expiration date.

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

Sec. 1   RCW 42.14.010 and 1963 c 203 s 2 are each amended to read as follows:
     Unless otherwise clearly required by the context, the ((following)) definitions ((apply:)) in this section apply throughout this chapter.
     (1) "Unavailable" means either that a vacancy in the office exists or that the lawful incumbent of the office is absent or unable to exercise the powers and discharge the duties of the office following an attack and a declaration of existing emergency by the governor or his successor.
     (2) "Attack" means any acts of warfare taken by an enemy of the United States causing substantial damage or injury to persons or property in the United States and in the state of Washington.
     (3) "Extraordinary disaster" means an event or series of events that occur in or affect the state of Washington, of a scale that disrupts the ability of the legislature to assemble at its usual meeting place due to destruction, significant damage, or quarantine, and may include earthquake, volcanic eruption, meteor or comet strike, tsunami, pandemic disease, or other catastrophic events if any such disaster rises to the level of an extraordinary disaster.

Sec. 2   RCW 42.14.030 and 1963 c 203 s 4 are each amended to read as follows:
     In the event enemy attack or an extraordinary disaster reduces the number of legislators available for duty, then those legislators available for duty shall constitute the legislature and shall have full power to act in separate or joint assembly by majority vote of those present. In the event of an attack or an extraordinary disaster, (1) quorum requirements for the legislature shall be suspended, and (2) where the affirmative vote of a specified proportion of members for approval of a bill, resolution or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient. In the event of an attack or an extraordinary disaster, the governor shall call the legislature into session as soon as practicable, and in any case within thirty days following the inception of the attack or extraordinary disaster. If the governor fails to issue such call, the legislature shall, on the thirtieth day from the date of inception of the attack or extraordinary disaster, automatically convene at the place where the governor then has his or her office. Each legislator shall proceed to the place of session as expeditiously as practicable. At such session or at any session in operation at the inception of the attack or extraordinary disaster, and at any subsequent sessions, limitations on the length of session and on the subjects which may be acted upon shall be suspended.

Sec. 3   RCW 42.14.035 and 1969 ex.s. c 106 s 1 are each amended to read as follows:
     Whenever, in the judgment of the governor, it becomes impracticable, due to an emergency resulting from enemy attack or ((natural)) extraordinary disaster, to convene the legislature in the usual seat of government at Olympia, the governor may call the legislature into emergency session in any location within this or an adjoining state. If it is or becomes impracticable or unsafe for members of the legislature to convene in person, the governor may authorize the legislature to convene by teleconference or any other reasonable means. The first order of business of any legislature so convened shall be the establishment of temporary emergency seats of government for the state. After any emergency relocation, the affairs of state government shall be lawfully conducted at such emergency temporary location or locations for the duration of the emergency.

NEW SECTION.  Sec. 4   (1)(a) A legislative task force is established to study and prepare recommendations related to the legislature's ability to convene by teleconference or other means in the event of an attack or extraordinary disaster, with members as provided for as follows:
     (i) The four members of the joint legislative systems committee, as provided for in RCW 44.68.020;
     (ii) The legislative systems coordinator, as provided for in RCW 44.68.040;
     (iii) The director of senate committee services;
     (iv) The director of the house of representatives office of program research;
     (v) The director of the emergency management division of the military department, or the director's designee;
     (vi) The chief of the state patrol, or the chief's designee;
     (vii) The secretary of health, or the secretary's designee; and
     (viii) A representative of the department of general administration.
     (b) The task force shall choose its chair from among its legislative membership. The presiding officer of the joint legislative systems committee shall convene the initial meeting of the task force.
     (2) The task force shall review the following issues:
     (a) The technology and facilities available or needed to convene the legislature by teleconference or other means if the legislature is unable to meet in its usual place;
     (b) The need for statutory changes in order to facilitate a continuity of government plan for the legislature;
     (c) The need for changes to senate or house of representatives rules in order to facilitate a continuity of government plan for the legislature; and
     (d) The need for capital investments in order to implement a continuity of government plan for the legislature.
     (3) Staff support for the task force shall be provided by senate committee services, the house of representatives office of program research, and the legislative service center.
     (4) Legislative members of the task force shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (5) The expenses of the task force shall be paid jointly by the senate and the house of representatives. Task force expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or the successor committees.
     (6) The task force, where appropriate, may consult with individuals from the public and private sector or ask such individuals to establish an advisory committee. Members of such an advisory committee are not entitled to reimbursement of expenses.
     (7) The task force shall report its findings and recommendations to the senate facilities and operations committee, the house of representatives executive rules committee, and other appropriate committees of the legislature by October 1, 2006.
     (8) This section expires January 1, 2007.