HB 2079 “Delivered to Governor”
Delivered to Governor today. As in the agency shop fees legislation drafted by the Washington Education Association to circumvent an upcoming US Supreme Court ruling I've blogged about HERE. According to the Washington State Constitution, Article III, Section 12 (don't worry: I summarize after the quote):
SECTION 12 VETO POWERS. Every act which shall have passed the legislature shall be, before it becomes a law, presented to the governor. If he approves, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, which house shall enter the objections at large upon the journal and proceed to reconsider. If, after such reconsideration, two-thirds of the members present shall agree to pass the bill it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present, it shall become a law; but in all such cases the vote of both houses shall be determined by the yeas and nays, and the names of the members voting for or against the bill shall be entered upon the journal of each house respectively. If any bill shall not be returned by the governor within five days, Sundays excepted, after it shall be presented to him, it shall become a law without his signature, unless the general adjournment shall prevent its return, in which case it shall become a law unless the governor, within twenty days next after the adjournment, Sundays excepted, shall file such bill with his objections thereto, in the office of secretary of state, who shall lay the same before the legislature at its next session in like manner as if it had been returned by the governor: Provided, That within forty-five days next after the adjournment, Sundays excepted, the legislature may, upon petition by a two-thirds majority or more of the membership of each house, reconvene in extraordinary session, not to exceed five days duration, solely to reconsider any bills vetoed. If any bill presented to the governor contain several sections or appropriation items, he may object to one or more sections or appropriation items while approving other portions of the bill: Provided, That he may not object to less than an entire section, except that if the section contain one or more appropriation items he may object to any such appropriation item or items. In case of objection he shall append to the bill, at the time of signing it, a statement of the section or sections, appropriation item or items to which he objects and the reasons therefor; and the section or sections, appropriation item or items so objected to shall not take effect unless passed over the governor's objection, as hereinbefore provided. The provisions of Article II, section 12 insofar as they are inconsistent herewith are hereby repealed. [AMENDMENT 62, 1974 Senate Joint Resolution No. 140, p 806. Approved November 5, 1974.]
Okay, to make sense of this, here goes:
- The Governor may veto in whole or at least a section of the legislation.
- The state legislature's two chambers can override, if still in session, by a 2/3rds veto. 45 days after the session, "a two-thirds majority or more of the membership of each house" may "reconvene in extraordinary session, not to exceed five days duration, solely to reconsider any bills vetoed."
Considering that the legislation in question has two sections - counting the emergency clause - Gregoire may:
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Sign the legislation
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Cross-out section one with the amendment allowing unions to keep agency fees and keep section two - the emergency clause. Unlikely.
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Cross-out section two and keep section one. This will place a 90-day delay and allow the amendment to be put to referendum. However, a referendum - according to Section II, Article 1 (b) of the Washington State Constitution - would require "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." That would be 112,237 valid signatures.
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Veto the whole bloody thing (hopefully).
There you go is your civics lesson for the weekend.
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