H-3739              _______________________________________________

                                           HOUSE JOINT RESOLUTION NO. 54

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Hankins, Belcher, Isaacson, Brough, B. Williams, Miller, Peery, Silver, Prince, Allen, Nealey, van Dyke, Tilly, Walker, Unsoeld, Winsley and Long

Read first time 1/17/86 and referred to Committee on State Government.

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 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.

          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.