SENATE BILL REPORT

SJR 8211

BYSenators Halsan, DeJarnatt and Kreidler; by request of Office of the Governor

Authorizing reorganization of the executive branch.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 12, 1987; March 4, 1987

Majority Report:  That Substitute Senate Joint Resolution No. 8211 be substituted therefor, and the substitute resolution do pass.

      Signed by Halsan, Chairman; DeJarnatt, McCaslin, Zimmerman.

Minority Report:  Do not pass.

      Signed by Senators Garrett, Vice Chairman; Talmadge.

Senate Staff:Barbara Howard (786-7410); Eugene Green (786-7405)

                  March 5, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 4, 1987

BACKGROUND:

CONSTITUTIONAL AUTHORITY - AMENDING THE CONSTITUTION

Article II of the Washington State Constitution states that the legislative authority of the state is to be vested in the Legislature.  Article III of the Constitution declares that the responsibility for seeing that laws are faithfully executed is vested in the Governor.  Article XXIII sets forth the process required for amending the Constitution. An amendment to the Constitution may be proposed in either house of the Legislature.  The amendment must be approved by two-thirds of the members of each house before it can be submitted to the voters of the state for approval and ratification at the next general election.  If a majority of the state's voters approve the amendment, it becomes part of the Constitution of the State of Washington.

The Legislature is required to give the people of Washington notice of such amendments by publishing a notice at least four times during the four weeks preceding the general election in every legal newspaper in the state.  Additionally, if more than one amendment is to be submitted to the people, voters must be given the opportunity to vote separately on each amendment.

CURRENT EXECUTIVE REORGANIZATION POWERS

Legislation.  The Governor may request that a member of the Legislature recommend legislation to reorganize state government.  Like any other legislation, such a proposal requires the approval of both houses of the Legislature and the Governor.

Executive Authority to Reorganize.  Currently, the Governor's power to reorganize state government is limited by statutory constraints.  In short, the Governor may not contravene or supersede a statute; instead, he or she must work within the statutory framework that governs a particular agency.  The statutes governing various agencies differ in detail, and the Governor's power to reorganize is directly dependent upon this detail.  Unless limited by statute, the Governor may create new divisions or new programs within an agency.  It should be noted, however, that the Governor must follow any statutory procedures which may exist for establishing and organizing new divisions or programs.

Many statutes grant the Governor discretionary power to create programs, advisory councils, boards, commissions, and other units.  Additionally, some statutes give the Governor the discretion to decide what agency will be responsible for the distribution of certain federal money.  Programs such as these which are created at the Governor's discretion -- usually by Executive Order -- may be abolished at the Governor's will, unless they have subsequently been established by statute.

Budgetary Constraints.  The Governor's power to reorganize state government is also limited by budgetary constraints.  Although the Governor has the power to create many types of groups and programs, he or she must find funding to support them.  The Governor may create study groups and interagency advisory groups for special purposes, place these special units within an agency, and fund them with emergency funds, federal funds, or discretionary funds.  Similarly, the Governor may create an office within the Governor's Office and fund it in the same way.  The Governor may also create a program, place it within an agency or division, and require that agency to use its appropriations to fund the program, but only if the purpose of that program fits within the purpose specified for the appropriation.

SUMMARY:

The Constitution is amended by a new executive article which allows the Governor to submit executive reorganization proposals to both houses of the Legislature.  Such a proposal must in the form of a bill, and may not diminish the powers or duties of state-wide executive officials other than the Governor.  Reorganization proposals must be submitted within the first 15 calendar days of a regular session, and the Governor may modify or withdraw any proposal under provisions of implementing statutes.

The Legislature may disapprove but may not amend a reorganization proposal.  Disapproval takes the form of a resolution by a constitutional majority of the members of either house; if such a resolution is passed, the proposal does not take effect.  In contrast, if a reorganization proposal is not disapproved by the Senate or the House of Representatives by the end of the regular session, it takes effect and is subject to initiative or referendum petition, but is not subject to referendum.

Additional procedures and requirements concerning the Governor's power of proposing reorganization may be prescribed by law.  Any reorganization proposal which takes effect through this process is codified and considered enacted law.  Such laws may be amended or repealed in the manner provided elsewhere in the Constitution.

Nothing in the amendment limits or alters the Legislature's current authority to reorganize the executive branch by statute.

Fiscal Note:      requested

Effective Date:Subject to ratification by vote of a majority of the people at the general election in November, 1987.

EFFECT OF PROPOSED SUBSTITUTE:

A reorganization proposal by the Governor must be submitted at the same time as the biennial budget or a supplemental budget, as required by law. The proposal must be accompanied by a statement reflecting the anticipated fiscal impact if it takes effect.

The following schedule is added for action on a proposal: (1) the Governor may withdraw it any time until 40 days before the end of a session by notifying the Legislature; (2) no later than 30 days before the end of the session, either house of the Legislature may notify the Governor of proposed amendments; (3) no later than 20 days before the end of the session, the Governor may submit an amended proposal; and (4) no later than 10 days before the end of the session, the appropriate standing committee of each house must report the bill out with its recommendation.

Senate Committee - Testified: Fred Hellberg, Governor's Office; Bill Baarsma, Governor's Reorganization Task Force; Chuck Sauvage, Common Cause