A PUBLICATION OF THE EVERGREEN FREEDOM FOUNDATION
Where’s the Emergency? Elected officials fail to protect citizens’ right of referendum; abuse of emergency clause continues. By Jonathan Bechtle
Where’s the Emergency? The word “emergency” usually brings to mind earthquakes, Mount Rainier blowing its top or local rivers flooding their banks on Election Day. Based on this year’s legislative session, however, several less obvious scenarios should be included. Dangers like a lack of horse race broadcasts (SB 5389), unorganized genetic cross-breeding of canola seeds (HB 1888) and an outdoor recreation committee that needs a new name (HB “An emergency clause is used when 1813). immediate enactment of the bill
is necessary to preserve the public peace, health, or safety or when it is necessary for the support of state government. It should be used sparingly because its application has the effect of limiting citizens’ right to referendum.”
Legislators attached an “emergency clause” to bills addressing these three issues, declaring these acts were “necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its exist–Governor Christine Gregoire, in her veto ing public institutions.” message on HB 1000, Section 2 Using this constitutionally-created declaration means the bill goes into effect immediately, preventing citizens from exercising their constitutional right to run a referendum on the bill. Horse racing and seed genetics weren’t the only threats to the public peace this year. Out of 524
bills passed this session, seventythree bills were sent to Governor Gregoire’s desk with emergency clauses attached, or thirteen percent. That’s seventy-three occasions when legislators decided a bill was so important to the preservation of public welfare that it justified prohibiting the right of citizens to take a vote on the new law. Most of these decisions were unjustified, however, signaling a real emergency: the constitutional right of referendum is under attack, and all three branches of government are failing to defend it.
Nullifying the right of referendum Too often it appears legislators merely wanted their bills to be implemented quickly, or more concerning, want to preempt citizen interference in a controversial law. Several apparent attempts to do the latter in the past have come
Nothing in this publication should be construed as an attempt to aid or hinder the passage of any legislation or ballot measure.
up before the state supreme court, including bills to fund Safeco Field and to gut the spending cap in Initiative 601. Both times the court reneged on its duty to check power abuses by the legislature, holding that “emergency” means whatever the legislature wants it to. Unsurprisingly, this interpretation hasn’t led to legislative restraint. At least nine of the “emergency” bills this session were highly controversial, reflected by close roll call votes. These include measures like: o HB 1569—establishing health insurance partnerships; o HB 2079—determining how unions can use agency shop fees; o HB 2391—eliminating retirement system gain-sharing; o SB 5627—providing for development of a new basic education funding system o SSB 5659—providing paid family medical leave; and o SSB 6023—delaying math and science WASL requirements.
A fix proposed… and ignored A possible solution to the problem was introduced by Representative Barbara Bailey in the form of a
constitutional amendment requiring a supermajority vote for any bill with an emergency clause attached, except for appropriation bills (necessary for the support of state government). This would correct the most egregious part of the abuse by keeping emergency clauses off the type of policy bills citizens would most likely want “If we are to hold the people’s to have a say on: those that trust, we need to justify the need pass with only a majority vote. Requiring 60 percent for these emergency clauses.” of the legislature to agree on something would not be a –Representative Barbara Bailey problem if there was a real emergency. Representative Sam Hunt, the chair of the House Committee on State Government and Tribal Affairs, allowed Bailey’s amendment to have a public hearing, but would not bring it to a vote.
Governor provides hope… then shows hypocrisy An early veto of an emergency clause by Governor Gregoire gave hope that she would provide needed restraint to the legislature. In her veto message (on HB 1000), she proclaimed that the clause “should be used sparingly because its application has the effect of limiting citizens’ right to
“Since the Mariner case a decade ago, in which the Legislature declared that a baseball stadium was “necessary for the immediate preservation of the public peace, health or safety” in Seattle, our highest court has accepted every emergency presented to it, no matter how farfetched.” –Seattle Times editorial board, printed Feb. 13, 2007
referendum.” While that particular bill wasn’t controversial, she also vetoed the emergency clause off nearly a dozen more bills, including the controversial WASL bill, explaining she was “on the lookout for unneeded emergency clauses.” These hopes for restraint were dashed, however, when the governor signed HB 2079 with the emergency clause intact. The legislative floor debate made it clear this bill was purely for the benefit of unions, with absolutely no public need, much less emergency. It was the
“This is an outright abuse of the emergency clause statutes in this state…there is nothing in the bill that constitutes an emergency.” –Senator Don Benton, arguing on the Senate floor for removal of the emergency clause from House Bill 2079
perfect example of using an emergency clause to prevent a citizen referendum. Governor Gregoire’s decision to sign it reveals her hypocrisy on this issue, and demonstrates she cannot be trusted to guard the citizens’ right of referendum. The continued abuse by the legislature, the governor’s hypocrisy and the abdication of responsibility by the Supreme Court leave no recourse for voters, except a constitutional fix that should be high on the agenda of the 2008 Legislature.
“There is a bit of an emergency…we know of some labor organizations in this state who have been legally harassed year after year, every time you turn around there’s another court filing, another complaint… funded by some out-of-state deep pockets who harass a certain labor organization.” –Senator Karen Keiser, arguing for retention of the emergency clause on House Bill 2079
By the numbers - Eleven percent of all bills introduced in 2007 included an emergency clause (451 out of 3,800) - Thirteen percent of the bills sent to the governor included an emergency clause (73 out of 524) - Six of the seventy-three bills would have failed to pass had Representative Bailey’s amendment requiring a supermajority been law (all six are listed on the second page of this report) - Ten emergency clauses were vetoed by Governor Gregoire
“Any perceived intimidation or threats from one group to another is not a public emergency.” –Senator Tim Sheldon, in response to Senator Keiser
*The attached table details all 73 bills with their sponsors, floor votes and final disposition (as of 5/15/07)
Evergreen Freedom Foundation PO Box 552 Olympia, WA 98507 www.effwa.org P: 360.956.3482 F: 360.352.1874
Bill Title
Description
HB 1000:
AN ACT Relating to adding porphyria to the list of disabilities for special parking privileges
HB 1002:
Governor's Action Veto of emergency clause
AN ACT Relating to the sales and use taxation of vessels Signed
HB 1025:
AN ACT Relating to authorization for projects recommended by the public works board
Signed
HB 1050:
AN ACT Relating to allowing certain students with disabilities to participate in graduation ceremonies
Signed
HB 1052:
HB 1073:
HB 1092:
HB 1094:
AN ACT Relating to modifying the legislative youth advisory council AN ACT Relating to emergency workers
AN ACT Relating to the capital budget AN ACT Relating to transportation funding and appropriations
Original Sponsor Kessler, Kagi, Wallace, Moeller, B. Sullivan, Wood, Warnick, Ormsby O'Brien, Orcutt, Kessler, Condotta, McIntire, Sommers, Kenney, McDonald, Haler, Simpson, Wallace, Warnick Rolfes, Newhouse, Lovick, Armstrong, Dunshee, Eickmeyer, Ericks, Blake, Morrell, Kenney, P. Sullivan, Wallace, Moeller, Warnick, Chase, Miloscia Upthegrove, Quall, Kagi, Pedersen, Morrell, Kenney, P. Sullivan, Jarrett, Simpson, Wallace, Cody, McDermott, Linville, Moeller, Morris, Springer, Wood, Santos, Schual-Berke, Williams, Ormsby, Hasegawa
Signed
Upthegrove, Hudgins, Pedersen, P. Sullivan, Wallace, Morris Schual-Berke, O'Brien, Anderson, Hudgins, Appleton, Green, Rodne, Ormsby, Cody, Dickerson, Morrell, Kenney, Pearson
Partial veto (emergency clause retained
Fromhold, McDonald, Ormsby, Blake, Moeller, Wallace
Partial veto (emergency clause retained
Clibborn, Jarrett, O'Brien
Signed
House Senate Vote Vote
97-0
47-0
95-3
45-0
94-0
48-0
94-0
44-0
90-5
44-4
95-0
47-0
96-1
46-0
76-21
46-3
HB 1097:
HB 1128:
HB 1137:
HB 1138:
AN ACT Relating to protecting frail elders and vulnerable adults and persons with developmental disabilities from perpetrators who commit their crimes while providing transportation, within the course of their employment, to frail elders and vulnerable adults and persons with developmental disabilities AN ACT Relating to fiscal matters
Signed
Miloscia, Priest, Chase, Green, Ormsby, B. Sullivan, O'Brien, Morrell, Kenney, Moeller, Wallace, McCune, Simpson
Partial veto (emergency clause retained
Sommers
Signed
Fromhold, McDonald, Ormsby, Moeller, Haler
AN ACT Relating to creating the water quality capital account AN ACT Relating to state general obligation bonds and related accounts
Signed
HB 1168:
AN ACT Relating to disorderly conduct
HB 1185:
AN ACT Relating to extending the expiration date for reporting requirements on timber purchases Signed AN ACT Relating to contribution rates in the Washington state patrol retirement system
Signed
HB 1260:
Signed
96-0
45-0
60-36
31-17
95-0
49-0
93-4
46-0
89-5
42-1
VanDeWege, Kristiansen, Kretz, Blake, Orcutt, Kessler, Haigh
95-0
49-0
Conway, Crouse, Fromhold, Kenney, Ericks, Ormsby, Simpson, Moeller
98-0
48-0
Fromhold, McDonald, Ormsby, Moeller Roach, Hurst, Newhouse, Santos, Orcutt, Pettigrew, Moeller, Morrell, Priest, Armstrong, Curtis, Haler, Condotta, Buri, Kristiansen, Alexander, Warnick, Strow, Ericksen, Dunshee, Kirby, Chase, Bailey, Springer, McDonald, Ross, Blake, Kenney, Lovick, Appleton, Darneille, McCoy, O'Brien, Sells, Takko, Williams, VanDeWege, Hunter, Ormsby, SchualBerke, Pearson, Fromhold, Hinkle, Simpson, Clibborn, Lantz, Linville, Campbell, Kelley, Green, Eddy, McCune
HB 1287:
HB 1289:
HB 1303:
AN ACT Relating to compliance with the federal safe and timely interstate placement of foster children AN ACT Relating to the issuance of enhanced drivers' licenses and identicards to facilitate crossing the Canadian border AN ACT Relating to providing for the means to encourage the use of cleaner energy thereby providing for healthier communities by reducing emissions
Partial veto (emergency clause retained)
AN ACT Relating to commercial motor vehicle carriers
HB 1312:
AN ACT Relating to the regulation of transportation providers AN ACT Relating to a single ballot proposition for regional transportation investment districts and regional transit authorities at the 2007 general election AN ACT Relating to the University of Washington's and Washington State University's local borrowing authority AN ACT Relating to funding the administration of Title 50 RCW, unemployment compensation AN ACT Relating to charter licenses AN ACT Relating to alternative public works
HB 1396:
HB 1398:
HB 1407:
HB 1476: HB 1506:
94-0
47-0
94-2
43-3
79-19
44-4
82-11
42-4
Signed
Clibborn, Campbell, VanDeWege, Dickerson, Moeller, Morrell Dickerson, B. Sullivan, Jarrett, Linville, Priest, Appleton, Pedersen, Kenney, Sells, Morrell, Lantz, O'Brien, Chase, Eickmeyer, McCoy, Haigh, Rolfes, Hurst, Eddy, Springer, Schual-Berke, Fromhold, Moeller, Hunt, Goodman, Williams, Darneille, Kagi, Lovick, Campbell, Dunshee, Sommers, Simpson, Hunter, Roberts, Miloscia Kagi, Clibborn, Jarrett, Flannigan, McCoy, Darneille, Lovick, Campbell, Schual-Berke, Kenney, Morrell, Roberts
Signed
Hudgins, Hankins
97-0
47-0
Signed
Flannigan, Jarrett, B. Sullivan, Upthegrove, Rodne, Eddy, Kagi, Chase, Schual-Berke
96-1
44-4
Signed
Fromhold, Wallace, Anderson, McDonald, Pedersen, Chase
93-1
45-0
Signed
Conway, Wood, Green
95-0
47-0
Signed
Blake, Kretz
91-7
48-0
Signed
Haigh, Armstrong, Hunt, Ormsby
98-0
47-0
Signed
Partial veto (emergency clause retained)
HB 1304:
Kagi, Hinkle, Walsh, Haler, Appleton, Simpson, Moeller, Kenney
HB 1513:
AN ACT Relating to the excise taxation of forest products businesses
HB 1569:
AN ACT Relating to improving health insurance coverage by establishing a health insurance partnership for the purchase of small employer health insurance coverage, evaluating the inclusion of additional health insurance markets in the health insurance partnership, and studying the impact of health insurance mandates AN ACT Relating to extending the authority of nurse practitioners to examine, diagnose, and treat injured workers covered by industrial insurance AN ACT Relating to authorizing the governor to enter into a cigarette tax contract with the Spokane Tribe AN ACT Relating to physician assistants executing certain certificates and other forms for labor and industries AN ACT Relating to the installation of automatic sprinkler systems in nightclubs AN ACT Relating to changing the name of the interagency committee for outdoor recreation
HB 1666:
HB 1674:
HB 1722:
HB 1811:
HB 1813:
HB 1826:
AN ACT Relating to medical benefits
HB 1883:
AN ACT Relating to modification of the higher education coordinating board
HB 1888:
AN ACT Relating to “Brassica� seed production
Signed
Kessler, Orcutt, Grant, Alexander, Blake, VanDeWege, Kretz, Takko, Linville, Ericks
98-0
46-0
Veto of emergency clause
Cody, Campbell, Morrell, Linville, Moeller, Green, Seaquist, Conway, Dickerson, Appleton, McIntire, McCoy, Kagi, Pedersen, Kenney, Lantz, Santos, Wood, Ormsby
61-34
28-20
Signed
Green, Conway, Morrell, Cody, Ormsby, SchualBerke, Moeller, Simpson
97-0
49-0
Signed
Hunter, Conway, Dunn, Ormsby, Wood
97-1
45-1
Signed
Conway, Curtis, Moeller, Darneille, Wood, Simpson
98-0
49-0
Pedersen, Simpson, Wood, Moeller, Quall
98-0
47-0
91-3
42-4
97-0
48-0
93-1
46-0
97-0
48-0
Veto of emergency clause Signed/partial veto (retained emergency clause) Signed
Veto of emergency clause Signed
Kelley, Priest, Hunt, Dunshee, Hinkle, Condotta, Fromhold, Linville Seaquist, Hinkle, Morrell, Moeller, Ormsby Wallace, Anderson, Chase, Jarrett, Moeller, McDermott, Priest, Haigh, Kagi, Roberts, Kenney, Conway Linville, Newhouse, Grant, Hailey, B. Sullivan
HB 1906:
HB 1910:
HB 1980:
HB 2032:
HB 2070: HB 2079: HB 2118:
HB 2130:
HB 2147:
Signed
Hunter, Anderson, Wallace, Seaquist, Eddy, P. Sullivan, McDermott, Ormsby, McIntire, Pedersen, Rolfes, Barlow, Goodman, Rodne, O'Brien, Kenney, McDonald, Morrell, Newhouse, Hurst, Skinner, Wood, Bailey
96-2
37-12
Veto of emergency clause
Ormsby, Fromhold, Miloscia, Dunshee, Kenney, Appleton, Darneille, Hasegawa, Morrell
63-31
41-2
Signed
Kelley, Santos, Ormsby, Roach, Morrell
95-0
45-0
Signed
Takko, Hinkle
98-0
47-1
Signed
O'Brien, Goodman, Pearson
97-0
47-0
Signed
McDermott, Ormsby, Williams, Simpson, Hunt
55-42
29-20
Veto of emergency clause
Conway, Wood, Ormsby
95-2
42-3
96-0
48-0
97-0
48-0
AN ACT Relating to improving mathematics and science education
AN ACT Relating to tax incentives for certain multiple-unit dwellings in urban centers that provide affordable housing AN ACT Relating to the financial literacy public-private partnership AN ACT Relating to the application process for the fruit and vegetable processing and storage tax deferral AN ACT Relating to exceptional sentences AN ACT Relating to use of agency shop fees AN ACT Relating to transferring responsibilities related to mobile and manufactured home installation from the department of community, trade, and economic development to the department of labor and industries AN ACT Relating to providing a means to determine "prior offenses" to implement chapter 73, Laws of 2006, regarding driving under the influence AN ACT Relating to vocational rehabilitation services for volunteer firefighters and reserve officers
Signed
Signed
Goodman, Lantz, Moeller, Rodne Kristiansen, Ericks, Chandler, Blake, Curtis, Morrell, Roberts, Hurst, Pearson, McCune, Moeller, B. Sullivan, Simpson, Santos, Ormsby, Newhouse, Kelley
HB 2164:
HB 2284:
HB 2378:
HB 2391:
HB 2395:
AN ACT Relating to property tax exemptions for multiple-unit housing in urban centers within the boundaries of the campus facilities master plan of any state institution of higher education Signed AN ACT Relating to the training of and collective bargaining over the training of care providers
AN ACT Relating to construction of new vessels for Washington state ferries AN ACT Relating to retirement system gain-sharing and alternate benefits AN ACT Relating to leasing state lands and development rights on state lands to public agencies
Signed
Dunshee, Morrell, Moeller, Ormsby Green, Ericksen, Sells, Strow, Seaquist, Hinkle, Wallace, Priest, Hasegawa, Fromhold, P. Sullivan, Conway, Miloscia, Linville, Kenney, O'Brien, Simpson, Hunt
Signed
Flannigan, Jarrett, Clibborn, Eddy, Seaquist, Roberts
74-22
42-3
93-4
45-2
91-6
48-0
52-45
26-21
Fromhold, McDonald, Morrell
93-0
47-0
Signed
Haugen, Hatfield, Poulsen, Sheldon, Holmquist, Rasmussen, Schoesler, Kline, Shin
97-0
43-1
Partial veto (emergency clause retained)
Haugen, Rasmussen, Jacobsen, Shin, Spanel, Swecker, Brandland, Hatfield, Parlette
95-3
46-3
Rockefeller, Swecker
97-0
49-0
Pridemore, Schoesler, Fraser, Fairley, McAuliffe, Shin, Jacobsen, Prentice, Franklin, Rasmussen
97-0
43-0
Jacobsen, Rockefeller, Kilmer
97-0
44-0
Signed Veto of emergency clause
Fromhold, Conway, Moeller
Senate Bills SB 5009:
AN ACT Relating to exempting biodiesel fuel used for farm use from sales and use taxation
SSB 5108: AN ACT Relating to farmland preservation
SSB 5122: AN ACT Relating to preserving the current regulatory assistance program with cost reimbursement changes Signed SB 5175: AN ACT Relating to public employees' retirement system, plan 1 and teachers' retirement system, plan 1 age and retirement requirements for receipt of the annual increase amount Signed SSB 5224: AN ACT Relating to the salmon recovery office Signed
SSB 5228: AN ACT Relating to actions under chapter 19.86 RCW, the consumer protection act SSB 5248: AN ACT Relating to preserving the viability of agricultural lands
AN ACT Relating to the administration of fuel taxes SSB 5311: AN ACT Relating to a budget stabilization account
Signed
Kline, McCaslin, Weinstein
Signed
Hatfield, Schoesler, Rasmussen, Morton, Honeyford, Haugen, Shin, Holmquist
95-0
47-2
82-15
45-2
88-10
33-2
75-22
48-0
95-0
49-0
86-12
43-4
95-0
40-8
96-0
49-0
64-34
27-17
57-41
26-21
96-0
48-0
96-2
45-3
98-0
49-0
SB 5272:
AN ACT Relating to establishing the retirement age for members of the Washington state patrol retirement system SSB 5372: AN ACT Relating to the Puget Sound partnership
Signed Signed
Haugen, Sheldon Brown, Zarelli, Prentice, Marr, Tom, McAuliffe, Kilmer
SB 5313:
Veto of emergency clause
Signed
SB 5389:
SB 5512:
AN ACT Relating to importing a simulcast race of regional or national interest on horse race days Signed AN ACT Relating to financing for hospital benefit zones
Signed
Signed
Parlette, Delvin, Shin
Signed
Signed
AN ACT Relating to the offender score for offenses concerning the influence of intoxicating liquor or any drug SSB 5862: AN ACT Relating to passengeronly ferry service
Hewitt Kilmer, Regala, Hobbs, Eide, Pridemore, Rasmussen McAuliffe, Clements, Tom, Weinstein, Rockefeller, Oemig, Kastama, Hobbs, Pridemore, Eide, Franklin, Shin, Regala, Marr, Murray, Spanel, Hargrove, Kline, Kilmer, Haugen, Kohl-Welles, Rasmussen Keiser, Kohl-Welles, Fairley, Franklin, Brown, Kline
SSB 5627: AN ACT Relating to basic education funding
SSB 5659: AN ACT Relating to family and medical leave insurance
Haugen, Schoesler, Kilmer, Hatfield, Shin, Rasmussen Rockefeller, Swecker, Poulsen, Marr, Keiser, Shin, Kline, McAuliffe, Fraser, Kilmer, Murray
SB 5711:
SB 5926:
AN ACT Relating to creating a joint legislative task force to review the underground economy in the construction industry
Signed
Signed
Kilmer, Rockefeller, Poulsen, Kohl-Welles, Kline Kohl-Welles, Clements, Kastama, Weinstein, Fairley, Keiser, Marr, Tom, Murray, Oemig, Sheldon, Kline
SSB 5930: AN ACT Relating to providing high quality, affordable health care to Washingtonians based on the recommendations of the blue ribbon commission on health care costs and access SB 5957: AN ACT Relating to administrative practices concerning the information processing and communications systems of the legislature overseen by the joint legislative systems committee SB 6018: AN ACT Relating to detention of persons with a mental disorder or a chemical dependency SSB 6023: AN ACT Relating to the Washington assessment of student learning SSB 6099: AN ACT Relating to the state route number 520 bridge replacement and HOV project SSB 6158: AN ACT Relating to biennial rebasing of nursing facility medicaid payment rates
Veto of emergency clause
Keiser, Kohl-Welles, Shin, Rasmussen
Signed
63-35
31-17
Kohl-Welles
94-0
47-0
Signed
Brandland
95-0
44-0
Veto of emergency clause
McAuliffe, Rasmussen
56-41
30-18
Signed
Murray
74-23
42-6
Signed
Prentice
94-3
48-1
Evergreen Freedom Foundation PO Box 552 Olympia, WA 98507 www.effwa.org P: 360.956.3482 F: 360.352.1874