FINAL BILL REPORT

SB 5016

PARTIAL VETO

                                  C 202 L 88

BYSenators Newhouse, Talmadge, Halsan and West; by request of Statute Law Committee

Revising terminology resulting from the Rules of Appellate Procedure.

Senate Committee on Judiciary

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

There are statutory provisions which purport to govern all or part of the procedures for seeking review of a judicial proceeding.  Virtually all of these statutes were enacted prior to 1976, the year the Supreme Court adopted the Rules of Appellate Procedure.

Statutes generally use the term "appeal" as a generic term to describe the process by which appellate review may be obtained, both as a matter of right and in the discretion of the reviewing court.  Under Rule of Appellate Procedure 2.1, however, the word "appeal" is used only in situations where review is accorded as a matter of right.  The term "review," on the other hand, covers both appeals and review by permission of the reviewing court, also known as "discretionary review."  The statute's use of the term "appeal" in the generic sense to describe all forms of appellate review is therefore technically inaccurate and may lead to an inaccurate conclusion as to the extent of a party's right to seek review of a particular decision.

SUMMARY:

Statutes explicitly superseded by the Rules of Appellate Procedure are repealed.  Terminology and substantive provisions in other statutes are conformed to the language and provisions of the Rules of Appellate Procedure.

The most common change deletes from the RCW phrases such as "appeals may be taken" and substitutes language such as "appellate review may be sought."  References to "appeal" are repealed and the term "appellate review" is substituted.

VOTES ON FINAL PASSAGE:

      Senate    44     0

      House 96   0 (House amended)

      Senate    42     0 (Senate concurred)

EFFECTIVE:June 9, 1988

Partial Veto Summary:  The veto makes technical corrections by eliminating two sections which were repealed by other legislation enacted during the 1988 session.  (See VETO MESSAGE)