5097-SAMHSUMPH1591.1SSB 5097H AMD21By Representative SumpFAILED 02/16/2005 On page 3, beginning on line 29, strike all of section 5 and insertthe following:NEW SECTION.Sec. The legislature finds that this actcodifies executive order 0001 which requires the use of apprentices oncertain public works projects. The legislature further finds thatexecutive order 0001 is currently in full force and effect. The legislature further finds that Article II, section 1(b) of thestate Constitution reserves to the people the power to file areferendum petition against any act, bill, law, or any part thereof,passed by the legislature. There is an exception to the people's powerof referendum, however. When the legislature declares that an act isnecessary for the immediate preservation of the public peace, health orsafety, or the support of the state government and its existing publicinstitutions, the people's right of referendum is set aside, and theact may take effect sooner than ninety days after the adjournment ofthe session at which it was enacted. The legislature notes that the state supreme court has said, "Thiscourt is required to grant considerable deference to the Legislature'sdetermination that an emergency exists, giving it every favorablepresumption and deferring to its judgment unless it is obvious that thedeclaration of emergency is false." CLEAN v. State, 130 Wn.2d 782, 812(1996) (finding the Seattle baseball stadium was an emergency). In hisconcurring opinion in Washington State Labor Council v. Reed, 149 Wn.2d48, 62 (2003) (upholding the people's right to vote on ReferendumMeasure No. 53), Justice Chambers noted, "The critical question iswhether the legislature has encroached upon the constitutionalauthority reserved to the people." The legislature further finds that, under the circumstancessurrounding this act, no reason exists to cause this bill to takeeffect sooner than the normal ninety days after the session ends, in 1 that no benefit will be gained or burden avoided by codifying theexisting apprenticeship program. The apprenticeship program iscurrently in place by virtue of executive order 0001. Codifying anexecutive order to create by statute an identical ongoing program isclearly not an emergency and is not needed to protect public peace,health, or safety, nor is it necessary to support the state governmentand existing public institutions. The only effect of putting anemergency clause on this legislation would be to proscribe the public'sconstitutional power of referendum, and that the legislature should notand must not do. Correct the title.Strikes the section declaring an emergency and providingfor an immediate effective date. Adds a section making findings about the effect of an emergencyclause, including a finding that an immediate effective date isunnecessary, and noting certain state Supreme Court opinions.--- END --- 2