EmergencyClause

Where’s the Emergency?Elected officials fail to protect citizens’ right of referendum; abuse of emergency clause continues.By Jonathan Bechtle

A P U B L I C A T I O N O F T H E E V E R G R E E N F R E E D O M F O U N D A T I O N

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 1813).

Legislators attached an “emergency clause” to bills addressing these three issues, declaring these acts were “neces-sary for the immediate preservation of the public peace, health, or safety, or support of the state government and its exist-ing public institutions.” Using this constitution-ally-created declaration

means the bill goes into effect im-mediately, 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, seventy-three bills were sent to Governor Gregoire’s desk with emergency clauses attached, or thirteen per-cent. That’s seventy-three occasions when legislators decided a bill was so important to the preservation of public welfare that it justified pro-hibiting the right of citizens to take a vote on the new law.

Most of these decisions were un-justified, 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 referendumToo 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

“An emergency clause is used when 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.”

–Governor Christine Gregoire, in her veto message on HB 1000, Section 2

Nothing in this publication should be construed as an attempt to aid or hinder the passage of any legislation or ballot measure.

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.

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 contro-versial, 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 retire-ment system gain-sharing;

o SB 5627—providing for devel-opment of a new basic education funding system

o SSB 5659—providing paid fam-ily medical leave; and

o SSB 6023—delaying math and science WASL requirements.

A fix proposed…and ignoredA 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 citi-zens would most likely want to have a say on: those that pass with only a majority vote. Requiring 60 percent of the legislature to agree on something would not be a problem if there was a real emergency. Representative Sam Hunt, the chair of the House Committee on State Govern-ment 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 hypocrisyAn early veto of an emer-gency 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

“If we are to hold the people’s trust, we need to justify the need for these emergency clauses.”

–Representative Barbara Bailey

“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, includ-ing the controversial WASL bill, explaining she was “on the lookout for unneeded emergency clauses.”

These hopes for restraint were dashed, however, when the gover-nor signed HB 2079 with the emer-gency 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

“Any perceived intimidation or threats from one group to another is not a public emergency.”

–Senator Tim Sheldon, in response to Senator Keiser

perfect example of using an emer-gency clause to prevent a citizen referendum. Governor Gregoire’s decision to sign it reveals her hypocrisy on this issue, and dem-onstrates she cannot be trusted to guard the citizens’ right of referen-dum.

The continued abuse by the legisla-ture, the governor’s hypocrisy and the abdication of responsibility by the Supreme Court leave no re-course for voters, except a constitu-tional fix that should be high on the agenda of the 2008 Legislature.

“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

“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 intro-

duced in 2007 included an emer-gency 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 amend-ment requiring a supermajority been law (all six are listed on the second page of this report)

- Ten emergency clauses were vetoed by Governor Gregoire

*The attached table details all 73 bills

with their sponsors, floor votes and final

disposition (as of 5/15/07)

Evergreen Freedom FoundationPO Box 552

Olympia, WA 98507

www.effwa.orgP: 360.956.3482F: 360.352.1874

Bill Title Description Governor's

Action Original Sponsor

House Vote

Senate Vote

HB 1000: AN ACT Relating to adding porphyria to the list of disabilities for special parking privileges Veto of

emergency clause

Kessler, Kagi, Wallace, Moeller, B. Sullivan, Wood, Warnick, Ormsby 97-0 47-0

HB 1002: AN ACT Relating to the sales and use taxation of vessels

Signed

O'Brien, Orcutt, Kessler, Condotta, McIntire, Sommers, Kenney, McDonald, Haler, Simpson, Wallace, Warnick 95-3 45-0

HB 1025: AN ACT Relating to authorization for projects recommended by the public works board

Signed

Rolfes, Newhouse, Lovick, Armstrong, Dunshee, Eickmeyer, Ericks, Blake, Morrell, Kenney, P. Sullivan, Wallace, Moeller, Warnick, Chase, Miloscia 94-0 48-0

HB 1050: AN ACT Relating to allowing certain students with disabilities to participate in graduation ceremonies

Signed

Upthegrove, Quall, Kagi, Pedersen, Morrell, Kenney, P. Sullivan, Jarrett, Simpson, Wallace, Cody, McDermott, Linville, Moeller, Morris, Springer, Wood, Santos, Schual-Berke, Williams, Ormsby, Hasegawa 94-0 44-0

HB 1052: AN ACT Relating to modifying the legislative youth advisory council Signed

Upthegrove, Hudgins, Pedersen, P. Sullivan, Wallace, Morris 90-5 44-4

HB 1073: AN ACT Relating to emergency workers

Signed

Schual-Berke, O'Brien, Anderson, Hudgins, Appleton, Green, Rodne, Ormsby, Cody, Dickerson, Morrell, Kenney, Pearson 95-0 47-0

HB 1092: AN ACT Relating to the capital budget Partial veto

(emergency clause retained

Fromhold, McDonald, Ormsby, Blake, Moeller, Wallace 96-1 46-0

HB 1094: AN ACT Relating to transportation funding and appropriations

Partial veto (emergency clause retained

Clibborn, Jarrett, O'Brien 76-21 46-3

HB 1097: 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 Signed

Miloscia, Priest, Chase, Green, Ormsby, B. Sullivan, O'Brien, Morrell, Kenney, Moeller, Wallace, McCune, Simpson 96-0 45-0

HB 1128: AN ACT Relating to fiscal matters Partial veto (emergency clause retained Sommers 60-36 31-17

HB 1137: AN ACT Relating to creating the water quality capital account

Signed

Fromhold, McDonald, Ormsby, Moeller, Haler 95-0 49-0

HB 1138: AN ACT Relating to state general obligation bonds and related accounts Signed

Fromhold, McDonald, Ormsby, Moeller 93-4 46-0

HB 1168: AN ACT Relating to disorderly conduct

Signed

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, Schual-Berke, Pearson, Fromhold, Hinkle, Simpson, Clibborn, Lantz, Linville, Campbell, Kelley, Green, Eddy, McCune 89-5 42-1

HB 1185: AN ACT Relating to extending the expiration date for reporting requirements on timber purchases Signed

VanDeWege, Kristiansen, Kretz, Blake, Orcutt, Kessler, Haigh 95-0 49-0

HB 1260: AN ACT Relating to contribution rates in the Washington state patrol retirement system

Signed

Conway, Crouse, Fromhold, Kenney, Ericks, Ormsby, Simpson, Moeller 98-0 48-0

HB 1287: AN ACT Relating to compliance with the federal safe and timely interstate placement of foster children

Partial veto (emergency clause retained)

Kagi, Hinkle, Walsh, Haler, Appleton, Simpson, Moeller, Kenney 94-0 47-0

HB 1289: AN ACT Relating to the issuance of enhanced drivers' licenses and identicards to facilitate crossing the Canadian border Signed

Clibborn, Campbell, VanDeWege, Dickerson, Moeller, Morrell 94-2 43-3

HB 1303: AN ACT Relating to providing for the means to encourage the use of cleaner energy thereby providing for healthier communities by reducing emissions


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 79-19 44-4

HB 1304: AN ACT Relating to commercial motor vehicle carriers

Signed

Kagi, Clibborn, Jarrett, Flannigan, McCoy, Darneille, Lovick, Campbell, Schual-Berke, Kenney, Morrell, Roberts 82-11 42-4

HB 1312: AN ACT Relating to the regulation of transportation providers Signed Hudgins, Hankins 97-0 47-0

HB 1396: AN ACT Relating to a single ballot proposition for regional transportation investment districts and regional transit authorities at the 2007 general election Signed

Flannigan, Jarrett, B. Sullivan, Upthegrove, Rodne, Eddy, Kagi, Chase, Schual-Berke 96-1 44-4

HB 1398: AN ACT Relating to the University of Washington's and Washington State University's local borrowing authority Signed

Fromhold, Wallace, Anderson, McDonald, Pedersen, Chase 93-1 45-0

HB 1407: AN ACT Relating to funding the administration of Title 50 RCW, unemployment compensation Signed

Conway, Wood, Green 95-0 47-0

HB 1476: AN ACT Relating to charter licenses Signed Blake, Kretz 91-7 48-0

HB 1506: AN ACT Relating to alternative public works Signed

Haigh, Armstrong, Hunt, Ormsby 98-0 47-0

HB 1513: AN ACT Relating to the excise taxation of forest products businesses

Signed

Kessler, Orcutt, Grant, Alexander, Blake, VanDeWege, Kretz, Takko, Linville, Ericks 98-0 46-0

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

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

HB 1666: AN ACT Relating to extending the authority of nurse practitioners to examine, diagnose, and treat injured workers covered by industrial insurance Signed

Green, Conway, Morrell, Cody, Ormsby, Schual-Berke, Moeller, Simpson 97-0 49-0

HB 1674: AN ACT Relating to authorizing the governor to enter into a cigarette tax contract with the Spokane Tribe Signed

Hunter, Conway, Dunn, Ormsby, Wood 97-1 45-1

HB 1722: AN ACT Relating to physician assistants executing certain certificates and other forms for labor and industries Signed

Conway, Curtis, Moeller, Darneille, Wood, Simpson 98-0 49-0

HB 1811: AN ACT Relating to the installation of automatic sprinkler systems in nightclubs


Pedersen, Simpson, Wood, Moeller, Quall 98-0 47-0

HB 1813: AN ACT Relating to changing the name of the interagency committee for outdoor recreation

Signed/partial veto (retained emergency clause)

Kelley, Priest, Hunt, Dunshee, Hinkle, Condotta, Fromhold, Linville 91-3 42-4

HB 1826: AN ACT Relating to medical benefits Signed

Seaquist, Hinkle, Morrell, Moeller, Ormsby 97-0 48-0

HB 1883: AN ACT Relating to modification of the higher education coordinating board Veto of

emergency clause

Wallace, Anderson, Chase, Jarrett, Moeller, McDermott, Priest, Haigh, Kagi, Roberts, Kenney, Conway 93-1 46-0

HB 1888: AN ACT Relating to “Brassica” seed production Signed

Linville, Newhouse, Grant, Hailey, B. Sullivan 97-0 48-0

HB 1906: AN ACT Relating to improving mathematics and science education

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

HB 1910: AN ACT Relating to tax incentives for certain multiple-unit dwellings in urban centers that provide affordable housing


Ormsby, Fromhold, Miloscia, Dunshee, Kenney, Appleton, Darneille, Hasegawa, Morrell 63-31 41-2

HB 1980: AN ACT Relating to the financial literacy public-private partnership

Signed

Kelley, Santos, Ormsby, Roach, Morrell 95-0 45-0

HB 2032: AN ACT Relating to the application process for the fruit and vegetable processing and storage tax deferral Signed Takko, Hinkle 98-0 47-1

HB 2070: AN ACT Relating to exceptional sentences Signed

O'Brien, Goodman, Pearson 97-0 47-0

HB 2079: AN ACT Relating to use of agency shop fees Signed

McDermott, Ormsby, Williams, Simpson, Hunt 55-42 29-20

HB 2118: 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


Conway, Wood, Ormsby 95-2 42-3

HB 2130: AN ACT Relating to providing a means to determine "prior offenses" to implement chapter 73, Laws of 2006, regarding driving under the influence Signed

Goodman, Lantz, Moeller, Rodne 96-0 48-0

HB 2147: AN ACT Relating to vocational rehabilitation services for volunteer firefighters and reserve officers

Signed

Kristiansen, Ericks, Chandler, Blake, Curtis, Morrell, Roberts, Hurst, Pearson, McCune, Moeller, B. Sullivan, Simpson, Santos, Ormsby, Newhouse, Kelley 97-0 48-0

HB 2164: 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

Dunshee, Morrell, Moeller, Ormsby 74-22 42-3

HB 2284: AN ACT Relating to the training of and collective bargaining over the training of care providers

Signed

Green, Ericksen, Sells, Strow, Seaquist, Hinkle, Wallace, Priest, Hasegawa, Fromhold, P. Sullivan, Conway, Miloscia, Linville, Kenney, O'Brien, Simpson, Hunt 93-4 45-2

HB 2378: AN ACT Relating to construction of new vessels for Washington state ferries Signed

Flannigan, Jarrett, Clibborn, Eddy, Seaquist, Roberts 91-6 48-0

HB 2391: AN ACT Relating to retirement system gain-sharing and alternate benefits Signed

Fromhold, Conway, Moeller 52-45 26-21

HB 2395: AN ACT Relating to leasing state lands and development rights on state lands to public agencies


Fromhold, McDonald, Morrell 93-0 47-0

Senate Bills

SB 5009: AN ACT Relating to exempting biodiesel fuel used for farm use from sales and use taxation

Signed

Haugen, Hatfield, Poulsen, Sheldon, Holmquist, Rasmussen, Schoesler, Kline, Shin 97-0 43-1

SSB 5108: AN ACT Relating to farmland preservation


Haugen, Rasmussen, Jacobsen, Shin, Spanel, Swecker, Brandland, Hatfield, Parlette 95-3 46-3

SSB 5122: AN ACT Relating to preserving the current regulatory assistance program with cost reimbursement changes Signed Rockefeller, Swecker 97-0 49-0

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

Pridemore, Schoesler, Fraser, Fairley, McAuliffe, Shin, Jacobsen, Prentice, Franklin, Rasmussen 97-0 43-0

SSB 5224: AN ACT Relating to the salmon recovery office Signed

Jacobsen, Rockefeller, Kilmer 97-0 44-0

SSB 5228: AN ACT Relating to actions under chapter 19.86 RCW, the consumer protection act Signed

Kline, McCaslin, Weinstein 95-0 47-2

SSB 5248: AN ACT Relating to preserving the viability of agricultural lands

Signed

Hatfield, Schoesler, Rasmussen, Morton, Honeyford, Haugen, Shin, Holmquist 82-15 45-2

SB 5272: AN ACT Relating to the administration of fuel taxes Signed Haugen, Sheldon 88-10 33-2

SSB 5311: AN ACT Relating to a budget stabilization account Signed

Brown, Zarelli, Prentice, Marr, Tom, McAuliffe, Kilmer 75-22 48-0

SB 5313: AN ACT Relating to establishing the retirement age for members of the Washington state patrol retirement system


Haugen, Schoesler, Kilmer, Hatfield, Shin, Rasmussen 95-0 49-0

SSB 5372: AN ACT Relating to the Puget Sound partnership

Signed

Rockefeller, Swecker, Poulsen, Marr, Keiser, Shin, Kline, McAuliffe, Fraser, Kilmer, Murray 86-12 43-4

SB 5389: AN ACT Relating to importing a simulcast race of regional or national interest on horse race days Signed Hewitt 95-0 40-8

SB 5512: AN ACT Relating to financing for hospital benefit zones

Signed

Kilmer, Regala, Hobbs, Eide, Pridemore, Rasmussen 96-0 49-0

SSB 5627: AN ACT Relating to basic education funding

Signed

McAuliffe, Clements, Tom, Weinstein, Rockefeller, Oemig, Kastama, Hobbs, Pridemore, Eide, Franklin, Shin, Regala, Marr, Murray, Spanel, Hargrove, Kline, Kilmer, Haugen, Kohl-Welles, Rasmussen 64-34 27-17

SSB 5659: AN ACT Relating to family and medical leave insurance Signed

Keiser, Kohl-Welles, Fairley, Franklin, Brown, Kline 57-41 26-21

SB 5711: AN ACT Relating to the offender score for offenses concerning the influence of intoxicating liquor or any drug Signed Parlette, Delvin, Shin 96-0 48-0

SSB 5862: AN ACT Relating to passenger-only ferry service Signed

Kilmer, Rockefeller, Poulsen, Kohl-Welles, Kline 96-2 45-3

SB 5926: AN ACT Relating to creating a joint legislative task force to review the underground economy in the construction industry

Signed

Kohl-Welles, Clements, Kastama, Weinstein, Fairley, Keiser, Marr, Tom, Murray, Oemig, Sheldon, Kline 98-0 49-0

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


Keiser, Kohl-Welles, Shin, Rasmussen 63-35 31-17

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 Signed Kohl-Welles 94-0 47-0

SB 6018: AN ACT Relating to detention of persons with a mental disorder or a chemical dependency Signed Brandland 95-0 44-0

SSB 6023: AN ACT Relating to the Washington assessment of student learning


McAuliffe, Rasmussen 56-41 30-18

SSB 6099: AN ACT Relating to the state route number 520 bridge replacement and HOV project Signed Murray 74-23 42-6

SSB 6158: AN ACT Relating to biennial rebasing of nursing facility medicaid payment rates Signed Prentice 94-3 48-1

Evergreen Freedom FoundationPO Box 552

Olympia, WA 98507

www.effwa.orgP: 360.956.3482F: 360.352.1874

EmergencyClause

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