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State Representative Barbara Bailey - 10th Legislative District

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OPINION EDITORIAL

Feb. 13, 2007

 


Save the use of emergency clauses for real emergencies
By
Rep. Barbara Bailey

Download Rep. Barbara Bailey's photo here: http://www.leg.wa.gov/House/bailey_photo_download.htm

When is an emergency an emergency? This is a question legislators should more clearly define when applying emergency clauses to legislation.

Webster’s Dictionary defines “emergency” as “an unforeseen combination of circumstances or the resulting state that calls for immediate action.”

In the Legislature, an emergency clause added to a bill allows the measure to become law immediately after the governor signs it. Other bills signed by the governor but lacking the clause must wait until 90 days after the legislative session ends.

The state constitution defines the use of an emergency clause as legislation “necessary for the immediate preservation of public peace, health or safety, support of state government and its existing public institutions.” In other words, a real EMERGENCY.

An emergency clause also exempts a bill from the referendum process. It is this power that most concerns me because of its potential abuse by lawmakers who may apply the emergency clause to a bill not to respond to an emergency, but to prevent citizens from changing legislation.

During the 2005 and 2006 sessions, lawmakers attached emergency clauses to 447 bills. One which contained an emergency clause was a bill that eliminated, until June 2007, the two-thirds requirement to raise taxes and instead gave lawmakers the ability to raise taxes with only a simple majority. The two-thirds requirement had been contained in Initiative 601 which was a voter-approved measure. Since there was no emergency in 2005, one has to wonder what the real purpose was for attaching the emergency clause to the bill. Was it a way to prevent voters from repealing that legislation?

From those two legislative sessions, 132 bills containing emergency clauses were signed into law. Did so many emergencies really exist? Or were those clauses applied only to prevent citizens from responding to those laws at the ballot box?

Since 1912 Washingtonians have had the cherished right to make and remake their laws through initiatives and referenda. This process guarantees Washington’s electorate the right to legislate. No one, not the governor, the Legislature, nor the Supreme Court should deny this freedom from our citizens. It is a fundamental process of a government of, for and by the people.

When government powers are abused, all citizens suffer. That’s why I have introduced legislation seeking to prevent abuse of the emergency clause. The measure I have proposed, House Joint Resolution 4218, would require 60 percent approval from the Legislature before an emergency clause could be attached to a bill.

Because use of the emergency clause is written into the state’s constitution, it requires a vote of the people to make a change. If approved by the Legislature, Washington’s voters would get the final say this November on strengthening the legitimate use of the emergency clause.

Let’s ensure that emergency clauses are used for EMERGENCIES and not as a means to shut out the will of the people.

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Editor’s Note: Rep. Barbara Bailey, R-Oak Harbor, is serving her third term in the House of Representatives from the 10th Legislative District.

For more information, contact: John Sattgast, Information Officer: (360) 786-7257
 

 
 

House Republican Communications - (360) 786-7031 * 408 John L. O'Brien Bldg. * Olympia, WA 98504-0600