SENATE BILL REPORT

SJR 8211

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of January 27, 2014

Brief Description: Amending the state Constitution to provide continuity of state and local government during emergencies and disasters.

Sponsors: Senators Roach, Chase, Bailey, Rivers, Conway, Schoesler, Shin, Hobbs, Darneille and Benton; by request of Washington Military Department and State Auditor.

Brief History:

Committee Activity: Governmental Operations: 1/27/14.

SENATE COMMITTEE ON GOVERNMENTAL OPERATIONS

Staff: Karen Epps (786-7424)

Background: Article II section 42 of the Washington State Constitution provides that the Legislature has the power to enact legislation, in order to ensure continuity of state and local governmental operations during a period of an emergency attack, that provides for prompt and temporary succession to the powers and duties of public offices when the incumbents and legal successors may become unavailable for carrying on the powers and duties of the offices.

Washington's Continuity of Government Act provides direction for the continuity of government and operations in the event of an attack taken against the United States in the state of Washington. An attack means any act of warfare taken by an enemy of the United States causing substantial damage or injury to persons or property in the United States and the state of Washington.

Summary of Bill: The bill as referred to committee not considered.

Summary of Bill (Proposed Substitute): An amendment is proposed to Article II section 42 of the state Constitution that would authorize the Legislature, in order to ensure continuity of state and local government, to enact legislation providing for prompt and temporary succession to the powers and duties of public offices, and enact other measures as may be necessary during periods of enemy attack, whether foreign or domestic.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: OTHER: The constitutional provisions on the continuity of government in the underlying statutes, including, for example, reduced quorums, need further revisions. The Military Department plans to work with stakeholders over the interim on this issue.

Persons Testifying: OTHER: Nancy Bickford, WA Military Dept.