VETO MESSAGE ON SB 6499-S2

                   May 2, 2000

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

     I am returning herewith, without my approval as to section 1, Engrossed Second Substitute Senate Bill No. 6499 entitled:

"AN ACT Relating to transportation funding and appropriations;"

     The Constitution of the State of Washington, Article III, Section 12, makes clear that every act passed by the legislature shall be presented for consideration by the governor.  That constitutional section further provides that the governor may veto less than an entire bill.  The phrase "enacted in a form passed by the legislature" as defined in section 1 of E2SSB 6499 effectively makes such presentment conditional upon the governor's approval of the entire referenced bill, and incorporates substantive legislation into an appropriations bill.  This violates several constitutional principles, including the doctrine of separation of powers.  It improperly restricts the governor's constitutional veto power, and sets a bad precedent.

     For these reasons, I have vetoed section 1 of Engrossed Second Substitute Senate Bill No. 6499.

     With the exception of section 1, Engrossed Second Substitute Senate Bill No. 6499 is approved.

                   Respectfully submitted,

                   Gary Locke

                   Governor