CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE SENATE BILL 5287
Chapter 456, Laws of 2019
(partial veto)
66TH LEGISLATURE
2019 REGULAR SESSION
REDISTRICTING--INDIVIDUALS IN STATE CUSTODY
EFFECTIVE DATE: July 28, 2019
Passed by the Senate April 23, 2019 Yeas 27 Nays 19 CYRUS HABIB
President of the Senate Passed by the House April 16, 2019 Yeas 57 Nays 39 FRANK CHOPP
Speaker of the House of Representatives | CERTIFICATE I, Brad Hendrickson, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE SENATE BILL 5287 as passed by the Senate and the House of Representatives on the dates hereon set forth. BRAD HENDRICKSON
Secretary Secretary |
Approved May 21, 2019 2:24 PM with the exception of section 3, which is vetoed. | FILED May 21, 2019 |
JAY INSLEE
Governor of the State of Washington | Secretary of State State of Washington |
SECOND SUBSTITUTE SENATE BILL 5287
AS AMENDED BY THE HOUSE
Passed Legislature - 2019 Regular Session
State of Washington | 66th Legislature | 2019 Regular Session |
BySenate Ways & Means (originally sponsored by Senators Darneille and Hunt)
READ FIRST TIME 03/01/19.
AN ACT Relating to ensuring accurate redistricting by counting individuals in state custody as residents of their last known place of residence; amending RCW
44.05.090; adding a new section to chapter
44.05 RCW; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter
44.05 RCW to read as follows:
(1) After April 1st of each year ending in zero, and by July 1st of each year ending in zero, the department of corrections shall furnish to the redistricting commission the following information regarding the last known place of residence of each inmate incarcerated in a state adult correctional facility:
(a) A unique identifier, other than the inmate's department of corrections number; and
(b) Last known place of residence information sufficiently specific to determine the congressional and state legislative districts in which the inmate's last known place of residence is located.
(2) After April 1st of each year ending in zero, and by July 1st of each year ending in zero, the department of social and health services shall furnish to the redistricting commission the following information regarding the last known place of residence of each person committed to receive involuntary behavioral health treatment under chapter
71.05 RCW:
(a) A unique identifier, other than the person's patient identification number; and
(b) Last known place of residence information sufficiently specific to determine the congressional and state legislative districts in which the resident's last known place of residence is located.
(3) After April 1st of each year ending in zero, and by July 1st of each year ending in zero, the department of children, youth, and families shall furnish to the redistricting commission the following information regarding the last known place of residence of each person residing or placed in a juvenile justice facility:
(a) A unique identifier, other than the person's patient identification number; and
(b) Last known place of residence information sufficiently specific to determine the congressional and state legislative districts in which the resident's last known place of residence is located.
(4) The redistricting commission shall:
(a) Deem each inmate incarcerated in a state adult correctional facility and person residing or placed in a juvenile justice facility or committed to receive involuntary behavioral health treatment under chapter
71.05 RCW as residing at his or her last known place of residence, rather than at the institution of his or her incarceration, residence, or placement;
(b) Regardless of the form in which the information is furnished, refrain from publishing any information regarding a specific inmate's or resident's last known place of residence;
(c) Deem an inmate or resident in state custody in Washington whose last known place of residence is outside of Washington or whose last known place of residence cannot be determined to reside at the location of the facility in which the inmate or resident is incarcerated, placed, or committed; and
(d) Adjust race and ethnicity data in districts, wards, and precincts in a manner that reflects the inclusion of inmates and residents in the population count of the district, ward, or precinct of their last known place of residence.
(5) For purposes of this section:
(a) "Inmate incarcerated in a state adult correctional facility" includes an inmate who has been transferred to a facility outside of Washington to complete his or her term of incarceration.
(b) "Last known place of residence" means the address at which the inmate or resident was last domiciled prior to his or her placement or current term of incarceration, as reported by the inmate or resident.
(c) "Person residing or placed in a juvenile justice facility" and "person committed to receive involuntary behavioral health treatment under chapter
71.05 RCW" include a person who has been transferred to a facility outside of Washington.
(d) "Resident" means persons residing or placed in a juvenile justice facility or committed to receive involuntary behavioral health treatment under chapter
71.05 RCW.
Sec. 2. RCW
44.05.090 and 1990 c 126 s 1 are each amended to read as follows:
In the redistricting plan:
(1) Districts shall have a population as nearly equal as is practicable, excluding nonresident military personnel, based on the population reported in the federal decennial census as adjusted by section 1 of this act.
(2) To the extent consistent with subsection (1) of this section the commission plan should, insofar as practical, accomplish the following:
(a) District lines should be drawn so as to coincide with the boundaries of local political subdivisions and areas recognized as communities of interest. The number of counties and municipalities divided among more than one district should be as small as possible;
(b) Districts should be composed of convenient, contiguous, and compact territory. Land areas may be deemed contiguous if they share a common land border or are connected by a ferry, highway, bridge, or tunnel. Areas separated by geographical boundaries or artificial barriers that prevent transportation within a district should not be deemed contiguous; and
(c) Whenever practicable, a precinct shall be wholly within a single legislative district.
(3) The commission's plan and any plan adopted by the supreme court under RCW
44.05.100(4) shall provide for forty-nine legislative districts.
(4) The house of representatives shall consist of ninety-eight members, two of whom shall be elected from and run at large within each legislative district. The senate shall consist of forty-nine members, one of whom shall be elected from each legislative district.
(5) The commission shall exercise its powers to provide fair and effective representation and to encourage electoral competition. The commission's plan shall not be drawn purposely to favor or discriminate against any political party or group.
*NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019.
*Sec. 3 was vetoed. See message at end of chapter.Passed by the Senate April 23, 2019.
Passed by the House April 16, 2019.
Approved by the Governor May 21, 2019, with the exception of certain items that were vetoed.
Filed in Office of Secretary of State May 21, 2019.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to Section 3, Second Substitute Senate Bill No. 5287 entitled:
"AN ACT Relating to ensuring accurate redistricting by counting individuals in state custody as residents of their last known place of residence."
Section 3 is an unnecessary emergency clause. Under the bill, the Department of Children, Youth, and Families; Department of Corrections; and Department of Social and Health Services must perform a residence determination process between April 1 and July 1 of each year ending in zero. Without the emergency clause, this bill will take effect under the standard enactment period, which is well before the first deadline of April 1, 2020. This veto will not disturb the substantive provisions of this bill and will provide the impacted agencies with adequate time to determine the last known place of residence for those persons who are in state custody.
For these reasons I have vetoed Section 3 of Second Substitute Senate Bill No. 5287.
With the exception of Section 3, Second Substitute Senate Bill No. 5287 is approved."
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