S-1334               _______________________________________________

 

                                         SENATE JOINT RESOLUTION NO. 8213

                        _______________________________________________

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By Senators Zimmerman and Bailey

 

 

Read first time 2/5/87 and referred to Committee on Governmental Operations.

 

         


BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:

          THAT, At the next general election to be held in this state there shall be submitted to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article III of the Constitution of the State of Washington by amending section 12 thereof and by adding a new section 26 thereto to read as follows:

Article III, section 26.          Changes in the organization of the executive branch, or in the assignment of then existing functions among its units, that contravene a statute may be proposed by the governor through submittal to the legislature of a reorganization plan or plans.

          (1) A reorganization plan or plans may be submitted by the governor during any regular session of the legislature.  Each reorganization plan submitted shall be in the form of a bill, and shall be submitted to both houses of the legislature within the first five calendar days of a regular session.  Such a reorganization plan shall not:

          (a) Diminish the powers of the state-wide elected offices, other than of the governor, nor the duties or functions constitutionally or statutorily assigned to those offices;

          (b) Affect any entity that directly serves the legislative or judicial branches of state government including but not limited to:  (i) A committee the majority of whose members are members of either the judicial or legislative branch; or (ii) an entity whose administrator is appointed by an officer of or members of either such branch;

          (c) Continue any agency, function, or term of office beyond the limitation otherwise established by law without the plan; or

          (d) Authorize state government to perform any function that is not otherwise authorized by law without the plan.

          (2) Unless modified by law, the following procedures apply for withdrawal, amendment, and resubmittal by the governor of a reorganization plan:  The governor may withdraw a plan at any time during the first forty days of a session by notifying the legislature thereof.  By the thirtieth day of the session, either house of the legislature may notify the governor of proposed amendments to a plan.  By the fortieth day of the session, the governor may submit to both houses of the legislature an amended plan containing the proposed amendments from either house which the governor accepts.  If the governor does not accept any amendment proposed by either house, the governor may by the fortieth day of the session resubmit the original plan or notify the legislature that the plan is withdrawn; otherwise, the plan shall be deemed withdrawn.

          (3) The legislature may disapprove but may not amend a plan submitted or resubmitted by the governor.  Disapproval shall be by a resolution concurred in by a majority of the elected members of either house.

          (4) If a plan is disapproved or withdrawn, it shall not take effect.  If, by the end of the regular session, a plan is neither disapproved nor withdrawn, it shall take effect and shall be subject to the initiative and referendum petition; however, such a plan may not be referred to the people by the legislature.

          (5) Additional procedures and requirements regarding the submittal, amendment, or withdrawal by the governor of reorganization plans may be prescribed by the legislature.

          (6) Any plan which takes effect through the procedures of this section shall be codified and considered in all respects as enacted law.

          (7) Nothing contained in this section may be construed to limit or alter the legislative authority to reorganize the executive branch.  The legislature may propose other bills regarding executive branch reorganization which will not be considered amendments to a governor's plan.  Laws amending or repealing any or all provisions of any plan or plans that take effect under the provisions of this section may be enacted in the manner provided in other sections of this Constitution.

 

Article III, section 12.          Every act which shall have passed the legislature shall be, before it becomes a law, presented to the governor.  If he approves, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, which house shall enter the objections at large upon the journal and proceed to reconsider.  If, after such reconsideration, two-thirds of the members present shall agree to pass the bill it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present, it shall become a law; but in all such cases the vote of both houses shall be determined by the yeas and nays, and the names of the members voting for or against the bill shall be entered upon the journal of each house respectively.  If any bill shall not be returned by the governor within five days, Sundays excepted, after it shall be presented to him, it shall become a law without his signature, unless the general adjournment shall prevent its return, in which case it shall become a law unless the governor, within twenty days next after the adjournment, Sundays excepted, shall file such bill with his objections thereto, in the office of secretary of state, who shall lay the same before the legislature at its next session in like manner as if it had been returned by the governor:  PROVIDED, That within forty-five days next after the adjournment, Sundays excepted, the legislature may, upon petition by a two-thirds majority or more of the membership of each house, reconvene in extraordinary session, not to exceed five days duration, solely to reconsider any bills vetoed.  If any bill presented to the governor contains several ((sections or)) appropriation items, he may object to one or more ((sections or)) appropriation items while approving other portions of the bill((:  PROVIDED, That he may not object to less than an entire section, except that if the section contain one or more appropriation items he may object to any such appropriation item or items)).  In case of objection he shall append to the bill, at the time of signing it, a statement of the ((section or sections,)) appropriation item or items to which he objects and the reasons therefor; and the ((section or sections,)) appropriation item or items so objected to shall not take effect unless passed over the governor's objection, as hereinbefore provided.  The provisions of Article II, section 12 insofar as they are inconsistent herewith are hereby repealed.

          BE IT FURTHER RESOLVED, That the foregoing amendment shall be construed as a single amendment within the meaning of Article XXIII, section 1 of the state Constitution.

          The legislature finds that the changes contained in the foregoing amendment constitute a single integrated plan for modifying the legislative powers of the governor.  If the foregoing amendment is held to be separate amendments, this joint resolution shall be void in its entirety and shall be of no further force and effect; and

          BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of the foregoing constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.