S-3892.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 6106

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senate Committee on State & Local Government (originally sponsored by Senators McCaslin and Patterson)

Read first time 1/25/00.

Providing a procedure to fill temporary vacancies in the legislature due to incapacity.

    AN ACT Relating to incapacity of members of the legislature; and adding a new section to chapter 44.04 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 44.04 RCW to read as follows:

    (1) The legislature recognizes the need to provide a means for interim appointments in the case of mental or physical incapacities that render any member of the legislature temporarily unable to perform his or her legislative duties.

    (2) Whenever a member of the legislature transmits to the appropriate office, the secretary of the senate in the case of a senator or the chief clerk of the house of representatives in the case of a representative, his or her written declaration that he or she is unable to discharge the powers and duties of his or her office and until he or she transmits to the secretary of the senate or to the chief clerk of the house of representatives, as appropriate, a written declaration to the contrary, such powers and duties shall be discharged by an interim appointee.

    (3) The interim appointment shall be made in the manner set forth in Article II, section 15, of the state Constitution.

    (4) If the position becomes vacant due to death or resignation of the member, or removal of the member pursuant to RCW 42.12.010, then the interim appointee shall immediately relinquish the position, and the vacancy shall be filled in the manner set forth in Article II, section 15 of the state Constitution.

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