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Legislative Department
ARTICLE II
LEGISLATIVE DEPARTMENT
SECTION 1 LEGISLATIVE POWERS, WHERE VESTED.
The
legislative authority of the state of Washington shall be vested in the
legislature, consisting of a senate and house of representatives, which
shall be called the legislature of the state of Washington, but the
people reserve to themselves the power to propose bills, laws, and to
enact or reject the same at the polls, independent of the legislature,
and also reserve power, at their own option, to approve or reject at
the polls any act, item, Section, or part of any bill, act, or law
passed by the legislature.
- Initiative: The first power
reserved by the people is the initiative. Every such petition shall
include the full text of the measure so proposed. In the case of
initiatives to the legislature and initiatives to the people, the
number of valid signatures of legal voters required shall be equal to
eight percent of the votes cast for the office of governor at the last
gubernatorial election preceding the initial filing of the text of the
initiative measure with the secretary of state. Initiative petitions
shall be filed with the secretary of state not less than four months
before the election at which they are to be voted upon, or not less
than ten days before any regular session of the legislature. If filed
at least four months before the election at which they are to be voted
upon, he shall submit the same to the vote of the people at the said
election. If such petitions are filed not less than ten days before any
regular session of the legislature, he shall certify the results within
forty days of the filing. If certification is not complete by the date
that the legislature convenes, he shall provisionally certify the
measure pending final certification of the measure. Such initiative
measures, whether certified or provisionally certified, shall take
precedence over all other measures in the legislature except
appropriation bills and shall be either enacted or rejected without
change or amendment by the legislature before the end of such regular
session. If any such initiative measures shall be enacted by the
legislature it shall be subject to the referendum petition, or it may
be enacted and referred by the legislature to the people for approval
or rejection at the next regular election. If it is rejected or if no
action is taken upon it by the legislature before the end of such
regular session, the secretary of state shall submit it to the people
for approval or rejection at the next ensuing regular general election.
The legislature may reject any measure so proposed by initiative
petition and propose a different one dealing with the same subject, and
in such event both measures shall be submitted by the secretary of
state to the people for approval or rejection at the next ensuing
regular general election. When conflicting measures are submitted to
the people the ballots shall be so printed that a voter can express
separately by making one cross (X) for each, two preferences, first, as
between either measure and neither, and secondly, as between one and
the other. If the majority of those voting on the first issue is for
neither, both fail, but in that case the votes on the second issue
shall nevertheless be carefully counted and made public. If a majority
voting on the first issue is for either, then the measure receiving a
majority of the votes on the second issue shall be law.
- Referendum.
The second power reserved by the people is the referendum, and it may
be ordered on any act, bill, law, or any part thereof passed by the
legislature, except such laws as may be necessary for the immediate
preservation of the public peace, health or safety, support of the
state government and its existing public institutions, either by
petition signed by the required percentage of the legal voters, or by
the legislature as other bills are enacted: Provided, That the
legislature may not order a referendum on any initiative measure
enacted by the legislature under the foregoing sub Section (a). The
number of valid signatures of registered voters required on a petition
for referendum of an act of the legislature or any part thereof, shall
be equal to or exceeding four percent of the votes cast for the office
of governor at the last gubernatorial election preceding the filing of
the text of the referendum measure with the secretary of state.
- No
act, law, or bill subject to referendum shall take effect until ninety
days after the adjournment of the session at which it was enacted. No
act, law, or bill approved by a majority of the electors voting thereon
shall be amended or repealed by the legislature within a period of two
years following such enactment: Provided, That any such act, law, or
bill may be amended within two years after such enactment at any
regular or special session of the legislature by a vote of two-thirds
of all the members elected to each house with full compliance with
Section 12, Article III, of the Washington Constitution, and no
amendatory law adopted in accordance with this provision shall be
subject to referendum. But such enactment may be amended or repealed at
any general regular or special election by direct vote of the people
thereon.
- The filing of a referendum petition against one or
more items, Sections, or parts of any act, law, or bill shall not delay
the remainder of the measure from becoming operative. Referendum
petitions against measures passed by the legislature shall be filed
with the secretary of state not later than ninety days after the final
adjournment of the session of the legislature which passed the measure
on which the referendum is demanded. The veto power of the governor
shall not extend to measures initiated by or referred to the people.
All elections on measures referred to the people of the state shall be
had at the next succeeding regular general election following the
filing of the measure with the secretary of state, except when the
legislature shall order a special election. Any measure initiated by
the people or referred to the people as herein provided shall take
effect and become the law if it is approved by a majority of the votes
cast thereon: Provided, That the vote cast upon such question or
measure shall equal one-third of the total votes cast at such election
and not otherwise. Such measure shall be in operation on and after the
thirtieth day after the election at which it is approved. The style of
all bills proposed by initiative petition shall be: "Be it enacted by
the people of the State of Washington." This Section shall not be
construed to deprive any member of the legislature of the right to
introduce any measure. All such petitions shall be filed with the
secretary of state, who shall be guided by the general laws in
submitting the same to the people until additional legislation shall
especially provide therefor. This Section is self-executing, but
legislation may be enacted especially to facilitate its operation.
- The
legislature shall provide methods of publicity of all laws or parts of
laws, and amendments to the Constitution referred to the people with
arguments for and against the laws and amendments so referred. The
secretary of state shall send one copy of the publication to each
individual place of residence in the state and shall make such
additional distribution as he shall determine necessary to reasonably
assure that each voter will have an opportunity to study the measures
prior to election. [AMENDMENT 72, 1981 Substitute Senate Joint
Resolution No. 133, p 1796. Approved November 3, 1981.]
Referendum procedures regarding salaries: Art. 28 Section 1.
Amendment
7 (1911) - Art. 2 Section 1 Legislative Powers, Where Vested - The
legislative authority of the state of Washington shall be vested in the
legislature, consisting of a senate and house of representatives, which
shall be called the legislature of the state of Washington, but the
people reserve to themselves the power to propose bills, laws, and to
enact or reject the same at the polls, independent of the legislature,
and also reserve power, at their own option, to approve or reject at
the polls any act, item, Section or part of any bill, act or law passed
by the legislature.
- Initiative: The first power reserved by
the people is the initiative. Ten per centum, but in no case more than
fifty thousand, of the legal voters shall be required to propose any
measure by such petition, and every such petition shall include the
full text of the measure so proposed. [Note: Signature requirements
were superseded by Art. 2 Sec. 1(a), AMENDMENT 30.] Initiative
petitions shall be filed with the secretary of state not less than four
months before the election at which they are to be voted upon, or not
less than ten days before any regular session of the legislature. If
filed at least four months before the election at which they are to be
voted upon, he shall submit the same to the vote of the people at the
said election. If such petitions are filed not less than ten days
before any regular session of the legislature, he shall transmit the
same to the legislature as soon as it convenes and organizes. Such
initiative measure shall take precedence over all other measures in the
legislature except appropriation bills and shall be either enacted or
rejected without change or amendment by the legislature before the end
of such regular session. If any such initiative measures shall be
enacted by the legislature it shall be subject to the referendum
petition, or it may be enacted and referred by the legislature to the
people for approval or rejection at the next regular election. If it is
rejected or if no action is taken upon it by the legislature before the
end of such regular session, the secretary of state shall submit it to
the people for approval or rejection at the next ensuing regular
general election. The legislature may reject any measure so proposed by
initiative petition and propose a different one dealing with the same
subject, and in such event both measures shall be submitted by the
secretary of state to the people for approval or rejection at the next
ensuing regular general election. When conflicting measures are
submitted to the people the ballots shall be so printed that a voter
can express separately by making one cross (X) for each, two
preferences, first, as between either measure and neither, and
secondly, as between one and the other. If the majority of those voting
on the first issue is for neither, both fail, but in that case the
votes on the second issue shall nevertheless be carefully counted and
made public. If a majority voting on the first issue is for either,
then the measure receiving a majority of the votes on the second issue
shall be law.
- Referendum. The second power reserved by the
people is the referendum, and it may be ordered on any act, bill, law,
or any part thereof passed by the legislature, except such laws as may
be necessary for the immediate preservation of the public peace, health
or safety, support of the state government and its existing public
institutions, either by petition signed by the required percentage of
the legal voters, or by the legislature as other bills are enacted. Six
per centum, but in no case more than thirty thousand, of the legal
voters shall be required to sign and make a valid referendum petition.
[Note: Signature requirements were superseded by Art. 2 Sec. 1(a),
AMENDMENT 30.] (c) No act, law, or bill subject to referendum shall
take effect until ninety days after the adjournment of the session at
which it was enacted. No act, law, or bill approved by a majority of
the electors voting thereon shall be amended or repealed by the
legislature within a period of two years following such enactment. But
such enactment may be amended or repealed at any general regular or
special election by direct vote of the people thereon. [Note: Sub
Section (c) was expressly superseded by Art. 2 Sec. 41, AMENDMENT 26.]
(d) The filing of a referendum petition against one or more items,
Sections or parts of any act, law or bill shall not delay the remainder
of the measure from becoming operative. Referendum petitions against
measures passed by the legislature shall be filed with the secretary of
state not later than ninety days after the final adjournment of the
session of the legislature which passed the measure on which the
referendum is demanded. The veto power of the governor shall not extend
to measures initiated by or referred to the people. All elections on
measures referred to the people of the state shall be had at the
biennial regular elections, except when the legislature shall order a
special election. Any measure initiated by the people or referred to
the people as herein provided shall take effect and become the law if
it is approved by a majority of the votes cast thereon: Provided, That
the vote cast upon such question or measure shall equal one-third of
the total votes cast at such election and not otherwise. Such measure
shall be in operation on and after the thirtieth day after the election
at which it is approved. The style of all bills proposed by initiative
petition shall be: "Be it enacted by the people of the State of
Washington." This Section shall not be construed to deprive any member
of the legislature of the right to introduce any measure. The whole
number of electors who voted for governor at the regular gubernatorial
election last preceding the filing of any petition for the initiative
or for the referendum shall be the basis on which the number of legal
voters necessary to sign such petition shall be counted. [Note: Cf.
Art. 2 Sec. 1(a), AMENDMENT 30.] All such petitions shall be filed with
the secretary of state, who shall be guided by the general laws in
submitting the same to the people until additional legislation shall
especially provide therefor. This Section is self-executing, but
legislation may be enacted especially to facilitate its operation. The
legislature shall provide methods of publicity of all laws or parts of
laws, and amendments to the Constitution referred to the people with
arguments for and against the laws and amendments so referred, so that
each voter of the state shall receive the publication at least fifty
days before the election at which they are to be voted upon. [Note:
This paragraph was expressly superseded by sub Section (e) of this
Section, which was added by AMENDMENT 36.] (e) The legislature shall
provide methods of publicity of all laws or parts of laws, and
amendments to the Constitution referred to the people with arguments
for and against the laws and amendments so referred. The secretary of
state shall send one copy of the publication to each individual place
of residence in the state and shall make such additional distribution
as he shall determine necessary to reasonably assure that each voter
will have an opportunity to study the measures prior to election. These
provisions supersede the provisions set forth in the last paragraph of
Section 1 of this article as amended by the seventh amendment to the
Constitution of this state. [AMENDMENT 7, 1911 House Bill No. 153 p
136. Approved November, 1912; Sub Section (e) added by AMENDMENT 36,
1961 Senate Joint Resolution No. 9, p 2751. Approved November, 1962.]
Original
text - Art. 2 Section 1 LEGISLATIVE POWERS, WHERE VESTED -The
legislative powers shall be vested in a senate and house of
representatives, which shall be called the legislature of the State of
Washington.
Note: Art. 2 Sec. 31 was also stricken by AMENDMENT 7.
SECTION 1(a) INITIATIVE AND REFERENDUM, SIGNATURES REQUIRED.
[Stricken by AMENDMENT 72, 1981 Substitute Senate Joint Resolution No. 133, p 1796. Approved November 3, 1981.]
Amendment
30 (1956) - Art. 2 Section 1(a) INITIATIVE AND REFERENDUM, SIGNATURES
REQUIRED - Hereafter, the number of valid signatures of legal voters
required upon a petition for an initiative measure shall be equal to
eight per centum of the number of voters registered and voting for the
office of governor at the last preceding regular gubernatorial
election. Hereafter, the number of valid signatures of legal voters
required upon a petition for a referendum of an act of the legislature
or any part thereof, shall be equal to four per centum of the number of
voters registered and voting for the office of governor at the last
preceding regular gubernatorial election. These provisions supersede
the requirements specified in Section 1 of this article as amended by
the seventh amendment to the Constitution of this state. [AMENDMENT 30,
1955 Senate Joint Resolution No. 4, p 1860. Approved November 6, 1956.]
SECTION 2 HOUSE OF REPRESENTATIVES AND SENATE.
The
house of representatives shall be composed of not less than sixty-three
nor more than ninety-nine members. The number of senators shall not be
more than one-half nor less than one-third of the number of members of
the house of representatives. The first legislature shall be composed
of seventy members of the house of representatives, and thirty-five
senators.
SECTION 3 THE CENSUS.
[Repealed by AMENDMENT 74, 1983 Substitute Senate Joint Resolution No. 103, p 2202. Approved November 8, 1983.]
Original
text - Art. 2 Section 3 THE CENSUS - The legislature shall provide by
law for an enumeration of the inhabitants of the state in the year one
thousand eight hundred and ninety-five and every ten years thereafter;
and at the first session after such enumeration, and also after each
enumeration made by the authority of the United States, the legislature
shall apportion and district anew the members of the senate and house
of representatives, according to the number of inhabitants, excluding
Indians not taxed, soldiers, sailors and officers of the United States
army and navy in active service.
SECTION 4 ELECTION OF REPRESENTATIVES AND TERM OF OFFICE.
Members
of the house of representatives shall be elected in the year eighteen
hundred and eighty-nine at the time and in the manner provided by this
Constitution, and shall hold their offices for the term of one year and
until their successors shall be elected.
SECTION 5 ELECTIONS, WHEN TO BE HELD.
The
next election of the members of the house of representatives after the
adoption of this Constitution shall be on the first Tuesday after the
first Monday of November, eighteen hundred and ninety, and thereafter,
members of the house of representatives shall be elected biennially and
their term of office shall be two years; and each election shall be on
the first Tuesday after the first Monday in November, unless otherwise
changed by law.
SECTION 6 ELECTION AND TERM OF OFFICE OF SENATORS.
After
the first election the senators shall be elected by single districts of
convenient and contiguous territory, at the same time and in the same
manner as members of the house of representatives are required to be
elected; and no representative district shall be divided in the
formation of a senatorial district. They shall be elected for the term
of four years, one-half of their number retiring every two years. The
senatorial districts shall be numbered consecutively, and the senators
chosen at the first election had by virtue of this Constitution, in odd
numbered districts, shall go out of office at the end of the first
year; and the senators, elected in the even numbered districts, shall
go out of office at the end of the third year.
SECTION 7 QUALIFICATIONS OF LEGISLATORS.
No
person shall be eligible to the legislature who shall not be a citizen
of the United States and a qualified voter in the district for which he
is chosen.
SECTION 8 JUDGES OF THEIR OWN ELECTION AND QUALIFICATION - QUORUM.
Each
house shall be the judge of the election, returns and qualifications of
its own members, and a majority of each house shall constitute a quorum
to do business; but a smaller number may adjourn from day to day and
may compel the attendance of absent members, in such manner and under
such penalties as each house may provide.
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 9 RULES OF PROCEDURE.
Each
house may determine the rules of its own proceedings, punish for
contempt and disorderly behavior, and, with the concurrence of
two-thirds of all the members elected, expel a member, but no member
shall be expelled a second time for the same offense.
SECTION 10 ELECTION OF OFFICERS.
Each
house shall elect its own officers; and when the lieutenant governor
shall not attend as president, or shall act as governor, the senate
shall choose a temporary president. When presiding, the lieutenant
governor shall have the deciding vote in case of an equal division of
the senate.
SECTION 11 JOURNAL, PUBLICITY OF MEETINGS - ADJOURNMENTS.
Each
house shall keep a journal of its proceedings and publish the same,
except such parts as require secrecy. The doors of each house shall be
kept open, except when the public welfare shall require secrecy.
Neither house shall adjourn for more than three days, nor to any place
other than that in which they may be sitting, without the consent of
the other.
SECTION 12 SESSIONS, WHEN - DURATION.
- Regular
Sessions. A regular session of the legislature shall be convened each
year. Regular sessions shall convene on such day and at such time as
the legislature shall determine by statute. During each odd-numbered
year, the regular session shall not be more than one hundred five
consecutive days. During each even-numbered year, the regular session
shall not be more than sixty consecutive days.
- Special
Legislative Sessions. Special legislative sessions may be convened for
a period of not more than thirty consecutive days by proclamation of
the governor pursuant to Article III, Section 7 of this Constitution.
Special legislative sessions may also be convened for a period of not
more than thirty consecutive days by resolution of the legislature upon
the affirmative vote in each house of two-thirds of the members elected
or appointed thereto, which vote may be taken and resolution executed
either while the legislature is in session or during any interim
between sessions in accordance with such procedures as the legislature
may provide by law or resolution. The resolution convening the
legislature shall specify a purpose or purposes for the convening of a
special session, and any special session convened by the resolution
shall consider only measures germane to the purpose or purposes
expressed in the resolution, unless by resolution adopted during the
session upon the affirmative vote in each house of two-thirds of the
members elected or appointed thereto, an additional purpose or purposes
are expressed. The specification of purpose by the governor pursuant to
Article III, Section 7 of this Constitution shall be considered by the
legislature but shall not be mandatory.
- Committees of the
Legislature. Standing and special committees of the legislature shall
meet and conduct official business pursuant to such rules as the
legislature may adopt. [AMENDMENT 68, 1979 Substitute Senate Joint
Resolution No. 110, p 2286. Approved November 6, 1979.]
Extraordinary sessions to reconsider vetoes: Art. 3 Section 12.
Sessions to convene on the second Monday in January: RCW 44.04.010.
Original
text - Art. 2 Section 12 SESSIONS, WHEN - DURATION - The first
legislature shall meet on the first Wednesday after the first Monday in
November, A. D., 1889. The second legislature shall meet on the first
Wednesday after the first Monday in January, A. D., 1891, and sessions
of the legislature shall be held biennially thereafter, unless
specially convened by the governor, but the times of meeting of
subsequent sessions may be changed by the legislature. After the first
legislature the sessions shall not be more than sixty days.
SECTION 13 LIMITATION ON MEMBERS HOLDING OFFICE IN THE STATE.
No
member of the legislature, during the term for which he is elected,
shall be appointed or elected to any civil office in the state, which
shall have been created during the term for which he was elected. Any
member of the legislature who is appointed or elected to any civil
office in the state, the emoluments of which have been increased during
his legislative term of office, shall be compensated for the initial
term of the civil office at the level designated prior to the increase
in emoluments. [AMENDMENT 69, 1979 Senate Joint Resolution No. 112, p
2287. Approved November 6, 1979.]
Original text - Art 2 Section 13 LIMITATION ON MEMBERS HOLDING OFFICE IN THE STATE
- No member of the legislature, during the term for which he is
elected, shall be appointed or elected to any civil office in the
state, which shall have been created, or the emoluments of which shall
have been increased, during the term for which he was elected.
SECTION 14 SAME, FEDERAL OR OTHER OFFICE.
No
person, being a member of congress, or holding any civil or military
office under the United States or any other power, shall be eligible to
be a member of the legislature; and if any person after his election as
a member of the legislature, shall be elected to congress or be
appointed to any other office, civil or military, under the government
of the United States, or any other power, his acceptance thereof shall
vacate his seat, provided, that officers in the militia of the state
who receive no annual salary, local officers and postmasters, whose
compensation does not exceed three hundred dollars per annum, shall not
be ineligible.
SECTION 15 VACANCIES IN LEGISLATURE AND IN PARTISAN COUNTY ELECTIVE OFFICE.
Such
vacancies as may occur in either house of the legislature or in any
partisan county elective office shall be filled by appointment by the
board of county commissioners of the county in which the vacancy
occurs: Provided, That the person appointed to fill the vacancy must be
from the same legislative district, county or county commissioner
district and the same political party as the legislator or partisan
county elective officer whose office has been vacated, and shall be one
of three persons who shall be nominated by the county central committee
of that party, and in case a majority of said county commissioners do
not agree upon the appointment within sixty days after the vacancy
occurs, the governor shall within thirty days thereafter, and from the
list of nominees provided for herein, appoint a person who shall be
from the same legislative district, county or county commissioner
district and of the same political party as the legislator or partisan
county elective officer whose office has been vacated, and the person
so appointed shall hold office until his successor is elected at the
next general election, and shall have qualified: Provided, That in case
of a vacancy occurring in the office of joint senator, or joint
representative, the vacancy shall be filled from a list of three
nominees selected by the state central committee, by appointment by the
joint action of the boards of county commissioners of the counties
composing the joint senatorial or joint representative district, the
person appointed to fill the vacancy must be from the same legislative
district and of the same political party as the legislator whose office
has been vacated, and in case a majority of said county commissioners
do not agree upon the appointment within sixty days after the vacancy
occurs, the governor shall within thirty days thereafter, and from the
list of nominees provided for herein, appoint a person who shall be
from the same legislative district and of the same political party as
the legislator whose office has been vacated. [AMENDMENT 52, part, 1967
Senate Joint Resolution No. 24, part; see 1969 p 2976. Approved
November 5, 1968.]
Governmental continuity during emergency periods: Art. 2 Section 42.
Vacancies in county, etc., offices, how filled: Art. 11 Section 6.
Amendment
32 (1956) - Art. 2 Section 15 VACANCIES IN LEGISLATURE AND IN PARTISAN
COUNTY ELECTIVE OFFICE - Such vacancies as may occur in either house of
the legislature or in any partisan county elective office shall be
filled by appointment by the board of county commissioners of the
county in which the vacancy occurs: Provided, That the person appointed
to fill the vacancy must be from the same legislative district and the
same political party as the legislator whose office has been vacated,
and shall be one of three persons who shall be nominated by the county
central committee of that party, and the person so appointed shall hold
office until his successor is elected at the next general election, and
shall have qualified: Provided, That in case of a vacancy occurring in
the office of joint senator, or joint representative, the vacancy shall
be filled from a list of three nominees selected by the state central
committee, by appointment by the joint action of the boards of county
commissioners of the counties composing the joint senatorial or joint
representative district, the person appointed to fill the vacancy must
be from the same legislative district and of the same political party
as the legislator whose office has been vacated, and in case a majority
of said county commissioners do not agree upon the appointment within
sixty days after the vacancy occurs, the governor shall within thirty
days thereafter, and from the list of nominees provided for herein,
appoint a person who shall be from the same legislative district and of
the same political party as the legislator whose office has been
vacated. [AMENDMENT 32, 1955 Senate Joint Resolution No. 14, p 1862.
Approved November 6, 1956.]
Amendment 13 (1930)--Art. 2 Section
15 VACANCIES IN LEGISLATURE - Such vacancies as may occur in either
house of the legislature shall be filled by appointment by the board of
county commissioners of the county in which the vacancy occurs, and the
person so appointed shall hold office until his successor is elected at
the next general election, and shall have qualified: Provided, That in
case of a vacancy occurring in the office of joint senator, the vacancy
shall be filled by appointment by the joint action of the boards of
county commissioners of the counties composing the joint senatorial
district. [AMENDMENT 13, 1929 p 690. Approved November, 1930.]
Original
text - Art. 2 Section 15 WRITS OF ELECTION TO FILL VACANCIES - The
governor shall issue writs of election to fill such vacancies as may
occur in either house of the legislature.
SECTION 16 PRIVILEGES FROM ARREST.
Members
of the legislature shall be privileged from arrest in all cases except
treason, felony and breach of the peace; they shall not be subject to
any civil process during the session of the legislature, nor for
fifteen days next before the commencement of each session.
SECTION 17 FREEDOM OF DEBATE No member of the legislature shall be liable in any civil action or criminal prosecution whatever, for words spoken in debate.
SECTION 18 STYLE OF LAWS.
The
style of the laws of the state shall be: "Be it enacted by the
Legislature of the State of Washington." And no laws shall be enacted
except by bill.
SECTION 19 BILL TO CONTAIN ONE SUBJECT.
No bill shall embrace more than one subject, and that shall be expressed in the title.
SECTION 20 ORIGIN AND AMENDMENT OF BILLS.
Any bill may originate in either house of the legislature, and a bill passed by one house may be amended in the other.
SECTION 21 YEAS AND NAYS.
The
yeas and nays of the members of either house shall be entered on the
journal, on the demand of one-sixth of the members present.
SECTION 22 PASSAGE OF BILLS.
No
bill shall become a law unless on its final passage the vote be taken
by yeas and nays, the names of the members voting for and against the
same be entered on the journal of each house, and a majority of the
members elected to each house be recorded thereon as voting in its
favor.
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 23 COMPENSATION OF MEMBERS.
Each
member of the legislature shall receive for his services five dollars
for each day's attendance during the session, and ten cents for every
mile he shall travel in going to and returning from the place of
meeting of the legislature, on the most usual route.
Compensation of legislators, elected state officials, and judges: Art. 28 Section 1, Art. 30.
SECTION 24 LOTTERIES AND DIVORCE.
The
legislature shall never grant any divorce. Lotteries shall be
prohibited except as specifically authorized upon the affirmative vote
of sixty percent of the members of each house of the legislature or,
notwithstanding any other provision of this Constitution, by referendum
or initiative approved by a sixty percent affirmative vote of the
electors voting thereon. [AMENDMENT 56, 1971 Senate Joint Resolution
No. 5, p 1828. Approved November 7, 1972.]
Original text - Art.
2 Section 24 LOTTERIES AND DIVORCE - The legislature shall never
authorize any lottery or grant any divorce.
SECTION 25 EXTRA COMPENSATION PROHIBITED.
The
legislature shall never grant any extra compensation to any public
officer, agent, employee, servant, or contractor, after the services
shall have been rendered, or the contract entered into, nor shall the
compensation of any public officer be increased or diminished during
his term of office. Nothing in this Section shall be deemed to prevent
increases in pensions after such pensions shall have been granted.
[AMENDMENT 35, 1957 Senate Joint Resolution No. 18, p 1301. Approved
November 4, 1958.]
Compensation of legislators, elected state officials, and judges: Art. 28 Section 1.
Increase during term of certain officers, authorized: Art. 30 Section 1.
Increase
or diminution of compensation during term of office prohibited. county,
city, town or municipal officers: Art. 11 Section 8. judicial officers:
Art. 4 Section 13. state officers: Art. 3 Section 25.
Original
text - Art. 2 Section 25 EXTRA COMPENSATION, PROHIBITED - The
legislature shall never grant any extra compensation to any public
officer, agent, servant, or contractor, after the services shall have
been rendered, or the contract entered into, nor shall the compensation
of any public officer be increased or diminished during his term of
office.
SECTION 26 SUITS AGAINST THE STATE.
The legislature shall direct by law, in what manner, and in what courts, suits may be brought against the state.
SECTION 27 ELECTIONS - VIVA VOCE VOTE.
In all elections by the legislature the members shall vote viva voce, and their votes shall be entered on the journal.
SECTION 28 SPECIAL LEGISLATION.
The legislature is prohibited from enacting any private or special laws in the following cases:
- For changing the names of persons, or constituting one person the heir at law of another.
- For
laying out, opening or altering highways, except in cases of state
roads extending into more than one county, and military roads to aid in
the construction of which lands shall have been or may be granted by
congress.
- For authorizing persons to keep ferries wholly within this state.
- For authorizing the sale or mortgage of real or personal property of minors, or others under disability.
- For assessment or collection of taxes, or for extending the time for collection thereof.
- For granting corporate powers or privileges.
- For authorizing the apportionment of any part of the school fund.
- For incorporating any town or village or to amend the charter thereof.
- From giving effect to invalid deeds, wills or other instruments.
- Releasing
or extinguishing in whole or in part, the indebtedness, liability or
other obligation, of any person, or corporation to this state, or to
any municipal corporation therein.
- Declaring any person of age or authorizing any minor to sell, lease, or encumber his or her property.
- Legalizing, except as against the state, the unauthorized or invalid act of any officer.
- Regulating the rates of interest on money.
- Remitting fines, penalties or forfeitures.
- Providing for the management of common schools.
- Authorizing the adoption of children.
- For limitation of civil or criminal actions.
- Changing
county lines, locating or changing county seats, provided, this shall
not be construed to apply to the creation of new counties.
Corporations for municipal purposes shall not be created by special laws: Art. 11 Section 10.
SECTION 29 CONVICT LABOR.
After
the first day of January eighteen hundred and ninety the labor of
convicts of this state shall not be let out by contract to any person,
copartnership, company or corporation, and the legislature shall by law
provide for the working of convicts for the benefit of the state.
SECTION 30 BRIBERY OR CORRUPT SOLICITATION.
The
offense of corrupt solicitation of members of the legislature, or of
public officers of the state or any municipal division thereof, and any
occupation or practice of solicitation of such members or officers to
influence their official action, shall be defined by law, and shall be
punished by fine and imprisonment. Any person may be compelled to
testify in any lawful investigation or judicial proceeding against any
person who may be charged with having committed the offense of bribery
or corrupt solicitation, or practice of solicitation, and shall not be
permitted to withhold his testimony on the ground that it may criminate
himself or subject him to public infamy, but such testimony shall not
afterwards be used against him in any judicial proceeding - except for
perjury in giving such testimony - and any person convicted of either
of the offenses aforesaid, shall as part of the punishment therefor, be
disqualified from ever holding any position of honor, trust or profit
in this state. A member who has a private interest in any bill or
measure proposed or pending before the legislature, shall disclose the
fact to the house of which he is a member, and shall not vote thereon.
SECTION 31 LAWS, WHEN TO TAKE EFFECT.
[This Section stricken by AMENDMENT 7, 1911 House Bill No. 153, p 136. Approved November, 1912.]
Original
text - Art. 2 Section 31 LAWS, WHEN TO TAKE EFFECT - No law, except
appropriation bills, shall take effect until ninety days after the
adjournment of the session at which it was enacted, unless in case of
an emergency (which emergency must be expressed in the preamble or in
the body of the act) the legislature shall otherwise direct by a vote
of two-thirds of all the members elected to each house; said vote to be
taken by yeas and nays and entered on the journals.
Effective dates of laws: Art. 2 Sections 1 and 41.
SECTION 32 LAWS, HOW SIGNED.
No
bill shall become a law until the same shall have been signed by the
presiding officer of each of the two houses in open session, and under
such rules as the legislature shall prescribe.
SECTION 33 ALIEN OWNERSHIP.
[Repealed by AMENDMENT 42, 1965 ex.s. Senate Joint Resolution No. 20, p 2816. Approved November 8, 1966.]
Amendment
29 (1954) - Art. 2 Section 33 ALIEN OWNERSHIP - The ownership of lands
by aliens, other than those who in good faith have declared their
intention to become citizens of the United States, is prohibited in
this state, except where acquired by inheritance, under mortgage or in
good faith in the ordinary course of justice in the collection of
debts; and all conveyances of lands hereafter made to any alien
directly, or in trust for such alien, shall be void: Provided, That the
provisions of this Section shall not apply to lands containing valuable
deposits of minerals, metals, iron, coal, or fire clay, and the
necessary land for mills and machinery to be used in the development
thereof and the manufacture of the products therefrom: And provided
further, That the provisions of this Section shall not apply to the
citizens of such of the Provinces of the Dominion of Canada as do not
expressly or by implication prohibit ownership of provincial lands by
citizens of this state. [AMENDMENT 29, 1953 House Joint Resolution No.
16, p 853. Approved November 2, 1954.]
Amendment 24 (1950) -
Art. 2 Section 33 ALIEN OWNERSHIP - The ownership of lands by aliens,
other than those who in good faith have declared their intention to
become citizens of the United States, is prohibited in this state,
except where acquired by inheritance, under mortgage or in good faith
in the ordinary course of justice in the collection of debts; and all
conveyances of lands hereafter made to any alien directly, or in trust
for such alien, shall be void: Provided, That the provisions of this
Section shall not apply to lands containing valuable deposits of
minerals, metals, iron, coal, or fire clay, and the necessary land for
mills and machinery to be used in the development thereof and the
manufacture of the products therefrom: And provided further, That the
provisions of this Section shall not apply to the citizens of such of
the Provinces of the Dominion of Canada as do not expressly or by
implication prohibit ownership of provincial lands by citizens of this
state. Every corporation, the majority of the capital stock of which is
owned by aliens, shall be considered an alien for the purposes of this
prohibition. [AMENDMENT 24, 1949 Senate Joint Resolution No. 9, p 999.
Approved November, 1950.]
Original text - Art. 2 Section 33
OWNERSHIP OF LANDS BY ALIENS, PROHIBITED - Exceptions - The ownership
of lands by aliens, other than those who in good faith have declared
their intention to become citizens of the United States, is prohibited
in this state, except where acquired by inheritance, under mortgage or
in good faith in the ordinary course of justice in the collection of
debts; and all conveyances of lands hereafter made to any alien
directly or in trust for such alien shall be void: Provided, That the
provisions of this Section shall not apply to lands containing valuable
deposits of minerals, metals, iron, coal, or fire-clay, and the
necessary land for mills and machinery to be used in the development
thereof and the manufacture of the products therefrom. Every
corporation, the majority of the capital stock of which is owned by
aliens, shall be considered on alien for the purposes of this
prohibition.
SECTION 34 BUREAU OF STATISTICS, AGRICULTURE AND IMMIGRATION.
There
shall be established in the office of the secretary of state, a bureau
of statistics, agriculture and immigration, under such regulations as
the legislature may provide.
SECTION 35 PROTECTION OF EMPLOYEES.
The
legislature shall pass necessary laws for the protection of persons
working in mines, factories and other employments dangerous to life or
deleterious to health; and fix pains and penalties for the enforcement
of the same.
SECTION 36 WHEN BILLS MUST BE INTRODUCED
No bill shall be considered in either house unless the time of its
introduction shall have been at least ten days before the final
adjournment of the legislature, unless the legislature shall otherwise
direct by a vote of two-thirds of all the members elected to each
house, said vote to be taken by yeas and nays and entered upon the
journal, or unless the same be at a special session.
SECTION 37 REVISION OR AMENDMENT.
No
act shall ever be revised or amended by mere reference to its title,
but the act revised or the Section amended shall be set forth at full
length.
SECTION 38 LIMITATION ON AMENDMENTS.
No amendment to any bill shall be allowed which shall change the scope and object of the bill.
SECTION 39 FREE TRANSPORTATION TO PUBLIC OFFICER PROHIBITED.
It
shall not be lawful for any person holding public office in this state
to accept or use a pass or to purchase transportation from any railroad
or other corporation, other than as the same may be purchased by the
general public, and the legislature shall pass laws to enforce this
provision.
SECTION 40 HIGHWAY FUNDS.
All
fees collected by the State of Washington as license fees for motor
vehicles and all excise taxes collected by the State of Washington on
the sale, distribution or use of motor vehicle fuel and all other state
revenue intended to be used for highway purposes, shall be paid into
the state treasury and placed in a special fund to be used exclusively
for highway purposes. Such highway purposes shall be construed to
include the following:
- The necessary operating,
engineering and legal expenses connected with the administration of
public highways, county roads and city streets;
- The
construction, reconstruction, maintenance, repair, and betterment of
public highways, county roads, bridges and city streets; including the
cost and expense of
- acquisition of rights-of-way,
- installing, maintaining and operating traffic signs and signal lights,
- policing by the state of public highways,
- operation of movable span bridges,
- operation of ferries which are a part of any public highway, county road, or city street;
- The
payment or refunding of any obligation of the State of Washington, or
any political subdivision thereof, for which any of the revenues
described in Section 1 may have been legally pledged prior to the
effective date of this act;
- Refunds authorized by law for taxes paid on motor vehicle fuels;
- The
cost of collection of any revenues described in this Section: Provided,
That this Section shall not be construed to include revenue from
general or special taxes or excises not levied primarily for highway
purposes, or apply to vehicle operator's license fees or any excise tax
imposed on motor vehicles or the use thereof in lieu of a property tax
thereon, or fees for certificates of ownership of motor vehicles.
[AMENDMENT 18, 1943 House Joint Resolution No. 4, p 938. Approved
November, 1944.]
SECTION 41 LAWS, EFFECTIVE DATE, INITIATIVE, REFERENDUM - AMENDMENT OR REPEAL
No act, law, or bill subject to referendum shall take effect until
ninety days after the adjournment of the session at which it was
enacted. No act, law or bill approved by a majority of the electors
voting thereon shall be amended or repealed by the legislature within a
period of two years following such enactment: Provided, That any such
act, law or bill may be amended within two years after such enactment
at any regular or special session of the legislature by a vote of
two-thirds of all the members elected to each house with full
compliance with Section 12, Article III, of the Washington
Constitution, and no amendatory law adopted in accordance with this
provision shall be subject to referendum. But such enactment may be
amended or repealed at any general regular or special election by
direct vote of the people thereon. These provisions supersede the
provisions of sub Section (c) of Section 1 of this article as amended
by the seventh amendment to the Constitution of this state. [AMENDMENT
26, 1951 Substitute Senate Joint Resolution No. 7, p 959. Approved
November 4, 1952.]
Reviser's note: (1) In third sentence, comma between "general" and "regular" omitted in conformity with enrolled resolution.
(2) Sub Section (c) of Section 1 of this article was amended by Amendment 72, approved November 3, 1981.
SECTION 42 GOVERNMENTAL CONTINUITY DURING EMERGENCY PERIODS.
The
legislature, in order to insure continuity of state and local
governmental operations in periods of emergency resulting from enemy
attack, shall have the power and the duty, immediately upon and after
adoption of this amendment, to enact legislation providing for prompt
and temporary succession to the powers and duties of public offices of
whatever nature and whether filled by election or appointment, the
incumbents and legal successors of which may become unavailable for
carrying on the powers and duties of such offices; the legislature
shall likewise enact such other measures as may be necessary and proper
for insuring the continuity of governmental operations during such
emergencies. Legislation enacted under the powers conferred by this
amendment shall in all respects conform to the remainder of the
Constitution: Provided, That if, in the judgment of the legislature at
the time of disaster, conformance to the provisions of the Constitution
would be impracticable or would admit of undue delay, such legislation
may depart during the period of emergency caused by enemy attack only,
from the following Sections of the Constitution: Article 14, Sections 1
and 2, Seat of Government; Article 2, Sections 8, 15 (Amendments 13 and
32), and 22, Membership, Quorum of Legislature and Passage of Bills;
Article 3, Section 10 (Amendment 6), Succession to Governorship:
Provided, That the legislature shall not depart from Section 10,
Article III, as amended by Amendment 6, of the state Constitution
relating to the Governor's office so long as any successor therein
named is available and capable of assuming the powers and duties of
such office as therein prescribed; Article 3, Section 13, Vacancies in
State Offices; Article 11, Section 6, Vacancies in County Offices;
Article 11, Section 2, Seat of County Government; Article 3, Section
24, State Records. [AMENDMENT 39, 1961 House Joint Resolution No. 9, p
2758. Approved November, 1962.]
Continuity of government act: Chapter 42.14 RCW.
SECTION 43 REDISTRICTING
(1) In January of each year ending in one, a commission shall be
established to provide for the redistricting of state legislative and
congressional districts.
(2) The commission shall be composed of
five members to be selected as follows: The legislative leader of the
two largest political parties in each house of the legislature shall
appoint one voting member to the commission by January 15th of each
year ending in one. By January 31st of each year ending in one, the
four appointed members, by an affirmative vote of at least three, shall
appoint the remaining member. The fifth member of the commission, who
shall be nonvoting, shall act as its chairperson. If any appointing
authority fails to make the required appointment by the date
established by this sub Section, within five days after that date the
supreme court shall make the required appointment.
(3) No elected
official and no person elected to legislative district, county, or
state political party office may serve on the commission. A commission
member shall not have been an elected official and shall not have been
an elected legislative district, county, or state political party
officer within two years of his or her appointment to the commission.
The provisions of this sub Section do not apply to the office of
precinct committee person.
(4) The legislature shall enact laws
providing for the implementation of this Section, to include additional
qualifications for commissioners and additional standards to govern the
commission. The legislature shall appropriate funds to enable the
commission to carry out its duties.
(5) Each district shall contain
a population, excluding nonresident military personnel, as nearly equal
as practicable to the population of any other district. To the extent
reasonable, each district shall contain contiguous territory, shall be
compact and convenient, and shall be separated from adjoining districts
by natural geographic barriers, artificial barriers, or political
subdivision boundaries. The commission's plan shall not provide for a
number of legislative districts different than that established by the
legislature. The commission's plan shall not be drawn purposely to
favor or discriminate against any political party or group.
(6) The
commission shall complete redistricting as soon as possible following
the federal decennial census, but no later than January 1st of each
year ending in two. At least three of the voting members shall approve
such a redistricting plan. If three of the voting members of the
commission fail to approve a plan within the time limitations provided
in this sub Section, the supreme court shall adopt a plan by April 30th
of the year ending in two in conformance with the standards set forth
in sub Section (5) of this Section.
(7) The legislature may amend
the redistricting plan but must do so by a two-thirds vote of the
legislators elected or appointed to each house of the legislature. Any
amendment must have passed both houses by the end of the thirtieth day
of the first session convened after the commission has submitted its
plan to the legislature. After that day, the plan, with any legislative
amendments, constitutes the state districting law.
(8) The
legislature shall enact laws providing for the reconvening of a
commission for the purpose of modifying a districting law adopted under
this Section. Such reconvening requires a two-thirds vote of the
legislators elected or appointed to each house of the legislature. The
commission shall conform to the standards prescribed under sub Section
(5) of this Section and any other standards or procedures that the
legislature may provide by law. At least three of the voting members
shall approve such a modification. Any modification adopted by the
commission may be amended by a two-thirds vote of the legislators
elected and appointed to each house of the legislature. The state
districting law shall include the modifications with amendments, if any.
(9)
The legislature shall prescribe by law the terms of commission members
and the method of filling vacancies on the commission.
(10) The
supreme court has original jurisdiction to hear and decide all cases
involving congressional and legislative redistricting.
(11)
Legislative and congressional districts may not be changed or
established except pursuant to this Section. A districting plan and any
legislative amendments to the plan are not subject to Article III,
Section 12 of this Constitution. [AMENDMENT 74, 1983 Substitute Senate
Joint Resolution No. 103, p 2202. Approved November 8, 1983.]
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