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Committee hears Bailey's emergency clause bill,
fails to vote
Bill would restrict use, prevent abuse of
emergency clause
During its final meeting
before an important legislative deadline for passage of bills, the House
State Government and Tribal Affairs Committee took testimony today on
legislation sponsored by
Rep.
Barbara Bailey that would restrict the use of emergency clauses.
"Our state constitution
allows bills to become effective immediately if 'necessary for the
immediate preservation of public peace, health or safety, support of
state government and its existing public institutions.' In other
words, if there's a real emergency," said Bailey, R-Oak Harbor. "But when an emergency
clause is attached to a bill, it prevents the people of the state from
exercising their constitutional right to refer the bill to themselves
for their approval or rejection. Any attempt by this Legislature to deny
the citizens the power of referenda should be severely restrained."
House Joint Resolution 4218 would amend the state constitution to
require that 60 percent of the Legislature agree before an emergency
clause could be added to a bill.
"Sixty percent of the
members of the House and the Senate would have to agree that a real
emergency exists before adding an emergency clause. Budget bills would
be exempt," Bailey told the committee. "If this measure is approved, it
would be placed on the November ballot for the approval of the people
since this is a constitutional amendment."
In the last two years,
lawmakers have attached emergency clauses to 447 bills. Bailey says
that's far too many and she worries that the clause is being
used not for emergencies, but to intentionally circumvent voters' ability
to challenge a law through the referendum process.
"This is an important
issue to the people and it is a matter of public trust. Over the last
few years, the public has seen a proliferation of the emergency clause
being unnecessarily added to many bills. In some cases, the governor has
removed those clauses," noted Bailey. "By passing this resolution and
letting the people vote on this issue, I believe it will help restore trust
in government."
Although Rep. Gary
Alexander, R-Olympia, and Evergreen Freedom Foundation Economic Policy
Director Jason Mercier testified in favor of the measure, and no one
testified in opposition, the committee took no action on the resolution.
Afterward, Bailey said she
appreciated the public hearing, but is disappointed that the chairman of
the committee did not allow a vote.
"This is very significant
because we are only one day away from the cutoff for policy bills -- the
day bills must pass from their respective committees or they are
considered dead for the session. This issue is too important to let go,"
said Bailey.
"As I said in committee,
it is a matter of public trust. How can we call funding of a new Sonics
stadium or a new NASCAR race track an emergency? Yet the emergency
clause has been attached to both of these bills, not for an emergency,
but most likely for the sole purpose of circumventing the cherished
right of people to put these issues on the ballot for a public vote,"
added Bailey. "When government powers are abused, all citizens suffer.
Although I'm very disappointed this bill did not get a vote, I will
continue working to restore integrity to the
emergency clause."
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For more information, contact: John
Sattgast, Information Officer: (360) 786-7257
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