PREAMBLE
We, the people of the State of Washington, grateful to the
Supreme Ruler of the Universe for our liberties, do ordain this
constitution.
ARTICLE I
DECLARATION OF RIGHTS
SECTION 1 POLITICAL POWER. All political power is inherent in
the people, and governments derive their just powers from the
consent of the governed, and are established to protect and
maintain individual rights.
SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the
United States is the supreme law of the land.
SECTION 3 PERSONAL RIGHTS. No person shall be deprived of life,
liberty, or property, without due process of law.
SECTION 4 RIGHT OF PETITION AND ASSEMBLAGE. The right of
petition and of the people peaceably to assemble for the common
good shall never be abridged.
SECTION 5 FREEDOM OF SPEECH. Every person may freely speak,
write and publish on all subjects, being responsible for the abuse
of that right.
SECTION 6 OATHS - MODE OF ADMINISTERING. The mode of
administering an oath, or affirmation, shall be such as may be most
consistent with and binding upon the conscience of the person to
whom such oath, or affirmation, may be administered.
SECTION 7 INVASION OF PRIVATE AFFAIRS OR HOME PROHIBITED. No
person shall be disturbed in his private affairs, or his home
invaded, without authority of law.
SECTION 8 IRREVOCABLE PRIVILEGE, FRANCHISE OR IMMUNITY
PROHIBITED. No law granting irrevocably any privilege, franchise or
immunity, shall be passed by the legislature.
SECTION 9 RIGHTS OF ACCUSED PERSONS. No person shall be
compelled in any criminal case to give evidence against himself, or
be twice put in jeopardy for the same offense.
SECTION 10 ADMINISTRATION OF JUSTICE. Justice in all cases shall
be administered openly, and without unnecessary delay.
SECTION 11 RELIGIOUS FREEDOM. Absolute freedom of conscience in
all matters of religious sentiment, belief and worship, shall be
guaranteed to every individual, and no one shall be molested or
disturbed in person or property on account of religion; but the
liberty of conscience hereby secured shall not be so construed as
to excuse acts of licentiousness or justify practices inconsistent
with the peace and safety of the state. No public money or
property shall be appropriated for or applied to any religious
worship, exercise or instruction, or the support of any religious
establishment: PROVIDED, HOWEVER, That this article shall not be so
construed as to forbid the employment by the state of a chaplain
for such of the state custodial, correctional, and mental
institutions, or by a county's or public hospital district's
hospital, health care facility, or hospice, as in the discretion of
the legislature may seem justified. No religious qualification
shall be required for any public office or employment, nor shall
any person be incompetent as a witness or juror, in consequence of
his opinion on matters of religion, nor be questioned in any court
of justice touching his religious belief to affect the weight of
his testimony. [AMENDMENT 88, 1993 House Joint Resolution No. 4200,
p 3062. Approved November 2, 1993.]
Amendment 34 (1957) - Art. 1 Section 11 RELIGIOUS FREEDOM - Absolute freedom
of conscience in all matters of religious sentiment, belief and worship, shall
be guaranteed to every individual, and no one shall be molested or disturbed in
person or property on account of religion; but the liberty of conscience hereby
secured shall not be so construed as to excuse acts of licentiousness or justify
practices inconsistent with the peace and safety of the state. No public money
or property shall be appropriated for or applied to any religious worship,
exercise or instruction, or the support of any religious establishment:
Provided, however, That this article shall not be so construed as to forbid the
employment by the state of a chaplain for such of the state custodial,
correctional and mental institutions as in the discretion of the legislature may
seem justified. No religious qualification shall be required for any public
office or employment, nor shall any person be incompetent as a witness or juror,
in consequence of his opinion on matters of religion, nor be questioned in any
court of justice touching his religious belief to affect the weight of his
testimony. [AMENDMENT 34, 1957 Senate Joint Resolution No. 14, p 1299. Approved
November 4, 1958.]
Amendment 4 (1904) - Art. 1 Section 11 RELIGIOUS FREEDOM - Absolute freedom
of conscience in all matters of religious sentiment, belief and worship, shall
be guaranteed to every individual, and no one shall be molested or disturbed in
person or property on account of religion; but the liberty of conscience hereby
secured shall not be so construed as to excuse acts of licentiousness or justify
practices inconsistent with the peace and safety of the state. No public money
or property shall be appropriated for or applied to any religious worship,
exercise or instruction, or the support of any religious establishment.
Provided, however, That this article shall not be so construed as to forbid the
employment by the state of a chaplain for the state penitentiary, and for such
of the state reformatories as in the discretion of the legislature may seem
justified. No religious qualification shall be required for any public office
or employment, nor shall any person be incompetent as a witness or juror, in
consequence of his opinion on matters of religion, nor be questioned in any court
of justice touching his religious belief to affect the weight of his testimony.
[AMENDMENT 4, 1903 p 283 Section 1. Approved November, 1904.]
Original text - Art. 1 Section 11 RELIGIOUS FREEDOM - Absolute freedom of
conscience in all matters of religious sentiment, belief, and worship, shall be
guaranteed to every individual, and no one shall be molested or disturbed in
person, or property, on account of religion; but the liberty of conscience hereby
secured shall not be so construed as to excuse acts of licentiousness, or justify
practices inconsistent with the peace and safety of the state. No public money
or property shall be appropriated for, or applied to any religious worship,
exercise or instruction, or the support of any religious establishment. No
religious qualification shall be required for any public office, or employment,
nor shall any person be incompetent as a witness, or juror, in consequence of his
opinion on matters of religion, nor be questioned in any court of justice
touching his religious belief to affect the weight of his testimony.
SECTION 12 SPECIAL PRIVILEGES AND IMMUNITIES PROHIBITED. No law
shall be passed granting to any citizen, class of citizens, or
corporation other than municipal, privileges or immunities which
upon the same terms shall not equally belong to all citizens, or
corporations.
SECTION 13 HABEAS CORPUS. The privilege of the writ of habeas
corpus shall not be suspended, unless in case of rebellion or
invasion the public safety requires it.
SECTION 14 EXCESSIVE BAIL, FINES AND PUNISHMENTS. Excessive bail
shall not be required, excessive fines imposed, nor cruel
punishment inflicted.
SECTION 15 CONVICTIONS, EFFECT OF. No conviction shall work
corruption of blood, nor forfeiture of estate.
SECTION 16 EMINENT DOMAIN. Private property shall not be taken
for private use, except for private ways of necessity, and for
drains, flumes, or ditches on or across the lands of others for
agricultural, domestic, or sanitary purposes. No private property
shall be taken or damaged for public or private use without just
compensation having been first made, or paid into court for the
owner, and no right-of-way shall be appropriated to the use of any
corporation other than municipal until full compensation therefor
be first made in money, or ascertained and paid into court for the
owner, irrespective of any benefit from any improvement proposed by
such corporation, which compensation shall be ascertained by a
jury, unless a jury be waived, as in other civil cases in courts of
record, in the manner prescribed by law. Whenever an attempt is
made to take private property for a use alleged to be public, the
question whether the contemplated use be really public shall be a
judicial question, and determined as such, without regard to any
legislative assertion that the use is public: Provided, That the
taking of private property by the state for land reclamation and
settlement purposes is hereby declared to be for public
use.[AMENDMENT 9, 1919 p 385 Section 1. Approved November, 1920.]
Original text - Art. 1 Section 16 EMINENT DOMAIN - Private property shall not
be taken for private use, except for private ways of necessity, and for drains,
flumes or ditches on or across the lands of others for agricultural, domestic or
sanitary purposes. No private property shall be taken or damaged for public or
private use without just compensation having first been made, or paid into court
for the owner, and no right of way shall be appropriated to the use of any
corporation other than municipal, until full compensation therefor be first made
in money, or ascertained and paid into the court for the owner, irrespective of
any benefit from any improvement proposed by such corporation, which compensation
shall be ascertained by a jury, unless a jury be waived as in other civil cases
in courts of record, in the manner prescribed by law. Whenever an attempt is
made to take private property for a use alleged to be public, the question
whether the contemplated use be really public shall be a judicial question, and
determined as such without regard to any legislative assertion that the use is
public.
SECTION 17 IMPRISONMENT FOR DEBT. There shall be no imprisonment
for debt, except in cases of absconding debtors.
SECTION 18 MILITARY POWER, LIMITATION OF. The military shall be
in strict subordination to the civil power.
SECTION 19 FREEDOM OF ELECTIONS. All Elections shall be free and
equal, and no power, civil or military, shall at any time interfere
to prevent the free exercise of the right of suffrage.
SECTION 20 BAIL, WHEN AUTHORIZED. All persons charged with crime
shall be bailable by sufficient sureties, except for capital
offenses when the proof is evident, or the presumption great.
SECTION 21 TRIAL BY JURY. The right of trial by jury shall
remain inviolate, but the legislature may provide for a jury of any
number less than twelve in courts not of record, and for a verdict
by nine or more jurors in civil cases in any court of record, and
for waiving of the jury in civil cases where the consent of the
parties interested is given thereto.
SECTION 22 RIGHTS OF THE ACCUSED. In criminal prosecutions the
accused shall have the right to appear and defend in person, or by
counsel, to demand the nature and cause of the accusation against
him, to have a copy thereof, to testify in his own behalf, to meet
the witnesses against him face to face, to have compulsory process
to compel the attendance of witnesses in his own behalf, to have a
speedy public trial by an impartial jury of the county in which the
offense is charged to have been committed and the right to appeal
in all cases: Provided, The route traversed by any railway coach,
train or public conveyance, and the water traversed by any boat
shall be criminal districts; and the jurisdiction of all public
offenses committed on any such railway car, coach, train, boat or
other public conveyance, or at any station or depot upon such
route, shall be in any county through which the said car, coach,
train, boat or other public conveyance may pass during the trip or
voyage, or in which the trip or voyage may begin or terminate. In
no instance shall any accused person before final judgment be
compelled to advance money or fees to secure the rights herein
guaranteed. [AMENDMENT 10, 1921 p 79 Section 1. Approved
November, 1922.]
Original text - Art. 1 Section 22 RIGHTS OF ACCUSED PERSONS - In criminal
prosecution, the accused shall have the right to appear and defend in person, and
by counsel, to demand the nature and cause of the accusation against him, to have
a copy thereof, to testify in his own behalf, to meet the witnesses against him
face to face, to have compulsory process to compel the attendance of witnesses
in his own behalf, to have a speedy public trial by an impartial jury of the
county in which the offense is alleged to have been committed, and the right to
appeal in all cases; and, in no instance, shall any accused person before final
judgment be compelled to advance money or fees to secure the rights herein
guaranteed.
SECTION 23 BILL OF ATTAINDER, EX POST FACTO LAW, ETC. No bill of
attainder, ex post facto law, or law impairing the obligations of
contracts shall ever be passed.
SECTION 24 RIGHT TO BEAR ARMS. The right of the individual
citizen to bear arms in defense of himself, or the state, shall not
be impaired, but nothing in this section shall be construed as
authorizing individuals or corporations to organize, maintain or
employ an armed body of men.
SECTION 25 PROSECUTION BY INFORMATION. Offenses heretofore
required to be prosecuted by indictment may be prosecuted by
information, or by indictment, as shall be prescribed by law.
SECTION 26 GRAND JURY. No grand jury shall be drawn or summoned
in any county, except the superior judge thereof shall so order.
SECTION 27 TREASON, DEFINED, ETC. Treason against the state
shall consist only in levying war against the state, or adhering to
its enemies, or in giving them aid and comfort. No person shall be
convicted of treason unless on the testimony of two witnesses to
the same overt act, or confession in open court.
SECTION 28 HEREDITARY PRIVILEGES ABOLISHED. No hereditary
emoluments, privileges, or powers, shall be granted or conferred in
this state.
SECTION 29 CONSTITUTION MANDATORY. The provisions of this
Constitution are mandatory, unless by express words they are
declared to be otherwise.
SECTION 30 RIGHTS RESERVED. The enumeration in this Constitution
of certain rights shall not be construed to deny others retained by
the people.
SECTION 31 STANDING ARMY. No standing army shall be kept up by
this state in time of peace, and no soldier shall in time of peace
be quartered in any house without the consent of its owner, nor in
time of war except in the manner prescribed by law.
SECTION 32 FUNDAMENTAL PRINCIPLES. A frequent recurrence to
fundamental principles is essential to the security of individual
right and the perpetuity of free government.
SECTION 33 RECALL OF ELECTIVE OFFICERS. Every elective public
officer of the state of Washington expect [except] judges of courts
of record is subject to recall and discharge by the legal voters of
the state, or of the political subdivision of the state, from which
he was elected whenever a petition demanding his recall, reciting
that such officer has committed some act or acts of malfeasance or
misfeasance while in office, or who has violated his oath of
office, stating the matters complained of, signed by the
percentages of the qualified electors thereof, hereinafter
provided, the percentage required to be computed from the total
number of votes cast for all candidates for his said office to
which he was elected at the preceding election, is filed with the
officer with whom a petition for nomination, or certificate for
nomination, to such office must be filed under the laws of this
state, and the same officer shall call a special election as
provided by the general election laws of this state, and the result
determined as therein provided. [AMENDMENT 8, 1911 p 504 Section 1.
Approved November, 1912.]
SECTION 34 SAME. The legislature shall pass the necessary laws
to carry out the provisions of section thirty-three (33) of this
article, and to facilitate its operation and effect without delay:
Provided, That the authority hereby conferred upon the legislature
shall not be construed to grant to the legislature any exclusive
power of lawmaking nor in any way limit the initiative and
referendum powers reserved by the people. The percentages required
shall be, state officers, other than judges, senators and
representatives, city officers of cities of the first class, school
district boards in cities of the first class; county officers of
counties of the first, second and third classes, twenty-five per
cent. Officers of all other political subdivisions, cities, towns,
townships, precincts and school districts not herein mentioned, and
state senators and representatives, thirty-five per cent.
[AMENDMENT 8, 1911 p 504 Section 1. Approved November, 1912.]
SECTION 35 VICTIMS OF CRIMES - RIGHTS. Effective law enforcement
depends on cooperation from victims of crime. To ensure victims a
meaningful role in the criminal justice system and to accord them
due dignity and respect, victims of crime are hereby granted the
following basic and fundamental rights.
Upon notifying the prosecuting attorney, a victim of a crime
charged as a felony shall have the right to be informed of and,
subject to the discretion of the individual presiding over the
trial or court proceedings, attend trial and all other court
proceedings the defendant has the right to attend, and to make a
statement at sentencing and at any proceeding where the defendant's
release is considered, subject to the same rules of procedure which
govern the defendant's rights. In the event the victim is
deceased, incompetent, a minor, or otherwise unavailable, the
prosecuting attorney may identify a representative to appear to
exercise the victim's rights. This provision shall not constitute
a basis for error in favor of a defendant in a criminal proceeding
nor a basis for providing a victim or the victim's representative
with court appointed counsel. [AMENDMENT 84, 1989 Senate Joint
Resolution No. 8200, p 2999. Approved November 7, 1989.]
ARTICLE II
LEGISLATIVE DEPARTMENT
SECTION 1 LEGISLATIVE POWERS, WHERE VESTED. The legislative
authority of the state of Washington shall be vested in the
legislature, consisting of a senate and house of representatives,
which shall be called the legislature of the state of Washington,
but the people reserve to themselves the power to propose bills,
laws, and to enact or reject the same at the polls, independent of
the legislature, and also reserve power, at their own option, to
approve or reject at the polls any act, item, section, or part of
any bill, act, or law passed by the legislature.
(a) Initiative: The first power reserved by the people is the
initiative. Every such petition shall include the full text of the
measure so proposed. In the case of initiatives to the legislature
and initiatives to the people, the number of valid signatures of
legal voters required shall be equal to eight percent of the votes
cast for the office of governor at the last gubernatorial election
preceding the initial filing of the text of the initiative measure
with the secretary of state.
Initiative petitions shall be filed with the secretary of state
not less than four months before the election at which they are to
be voted upon, or not less than ten days before any regular session
of the legislature. If filed at least four months before the
election at which they are to be voted upon, he shall submit the
same to the vote of the people at the said election. If such
petitions are filed not less than ten days before any regular
session of the legislature, he shall certify the results within
forty days of the filing. If certification is not complete by the
date that the legislature convenes, he shall provisionally certify
the measure pending final certification of the measure. Such
initiative measures, whether certified or provisionally certified,
shall take precedence over all other measures in the legislature
except appropriation bills and shall be either enacted or rejected
without change or amendment by the legislature before the end of
such regular session. If any such initiative measures shall be
enacted by the legislature it shall be subject to the referendum
petition, or it may be enacted and referred by the legislature to
the people for approval or rejection at the next regular election.
If it is rejected or if no action is taken upon it by the
legislature before the end of such regular session, the secretary
of state shall submit it to the people for approval or rejection at
the next ensuing regular general election. The legislature may
reject any measure so proposed by initiative petition and propose
a different one dealing with the same subject, and in such event
both measures shall be submitted by the secretary of state to the
people for approval or rejection at the next ensuing regular
general election. When conflicting measures are submitted to the
people the ballots shall be so printed that a voter can express
separately by making one cross (X) for each, two preferences,
first, as between either measure and neither, and secondly, as
between one and the other. If the majority of those voting on the
first issue is for neither, both fail, but in that case the votes
on the second issue shall nevertheless be carefully counted and
made public. If a majority voting on the first issue is for
either, then the measure receiving a majority of the votes on the
second issue shall be law.
(b) Referendum. The second power reserved by the people is the
referendum, and it may be ordered on any act, bill, law, or any
part thereof passed by the legislature, except such laws as may be
necessary for the immediate preservation of the public peace,
health or safety, support of the state government and its existing
public institutions, either by petition signed by the required
percentage of the legal voters, or by the legislature as other
bills are enacted: Provided, That the legislature may not order a
referendum on any initiative measure enacted by the legislature
under the foregoing subsection (a). The number of valid signatures
of registered voters required on a petition for referendum of an
act of the legislature or any part thereof, shall be 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.
(c) No act, law, or bill subject to referendum shall take effect
until ninety days after the adjournment of the session at which it
was enacted. No act, law, or bill approved by a majority of the
electors voting thereon shall be amended or repealed by the
legislature within a period of two years following such enactment:
Provided, That any such act, law, or bill may be amended within
two years after such enactment at any regular or special session of
the legislature by a vote of two-thirds of all the members elected
to each house with full compliance with section 12, Article III, of
the Washington Constitution, and no amendatory law adopted in
accordance with this provision shall be subject to referendum. But
such enactment may be amended or repealed at any general regular or
special election by direct vote of the people thereon.
(d) The filing of a referendum petition against one or more
items, sections, or parts of any act, law, or bill shall not delay
the remainder of the measure from becoming operative. Referendum
petitions against measures passed by the legislature shall be filed
with the secretary of state not later than ninety days after the
final adjournment of the session of the legislature which passed
the measure on which the referendum is demanded. The veto power of
the governor shall not extend to measures initiated by or referred
to the people. All elections on measures referred to the people of
the state shall be had at the next succeeding regular general
election following the filing of the measure with the secretary of
state, except when the legislature shall order a special election.
Any measure initiated by the people or referred to the people as
herein provided shall take effect and become the law if it is
approved by a majority of the votes cast thereon: Provided, That
the vote cast upon such question or measure shall equal one-third
of the total votes cast at such election and not otherwise. Such
measure shall be in operation on and after the thirtieth day after
the election at which it is approved. The style of all bills
proposed by initiative petition shall be: "Be it enacted by the
people of the State of Washington." This section shall not be
construed to deprive any member of the legislature of the right to
introduce any measure. All such petitions shall be filed with the
secretary of state, who shall be guided by the general laws in
submitting the same to the people until additional legislation
shall especially provide therefor. This section is self-executing,
but legislation may be enacted especially to facilitate its
operation.
(e) The legislature shall provide methods of publicity of all
laws or parts of laws, and amendments to the Constitution referred
to the people with arguments for and against the laws and
amendments so referred. The secretary of state shall send one copy
of the publication to each individual place of residence in the
state and shall make such additional distribution as he shall
determine necessary to reasonably assure that each voter will have
an opportunity to study the measures prior to election. [AMENDMENT
72, 1981 Substitute Senate Joint Resolution No. 133, p 1796.
Approved November 3, 1981.]
Referendum procedures regarding salaries: Art. 28 Section 1.
Amendment 7 (1911) - Art. 2 Section 1 Legislative Powers, Where Vested - The
legislative authority of the state of Washington shall be vested in the
legislature, consisting of a senate and house of representatives, which shall be
called the legislature of the state of Washington, but the people reserve to
themselves the power to propose bills, laws, and to enact or reject the same at
the polls, independent of the legislature, and also reserve power, at their own
option, to approve or reject at the polls any act, item, section or part of any
bill, act or law passed by the legislature.
(a) Initiative: The first power reserved by the people is the initiative.
Ten per centum, but in no case more than fifty thousand, of the legal voters
shall be required to propose any measure by such petition, and every such
petition shall include the full text of the measure so proposed. [Note:
Signature requirements were superseded by Art. 2 Sec. 1(a), AMENDMENT 30.]
Initiative petitions shall be filed with the secretary of state not less than
four months before the election at which they are to be voted upon, or not less
than ten days before any regular session of the legislature. If filed at least
four months before the election at which they are to be voted upon, he shall
submit the same to the vote of the people at the said election. If such
petitions are filed not less than ten days before any regular session of the
legislature, he shall transmit the same to the legislature as soon as it convenes
and organizes. Such initiative measure shall take precedence over all other
measures in the legislature except appropriation bills and shall be either
enacted or rejected without change or amendment by the legislature before the end
of such regular session. If any such initiative measures shall be enacted by the
legislature it shall be subject to the referendum petition, or it may be enacted
and referred by the legislature to the people for approval or rejection at the
next regular election. If it is rejected or if no action is taken upon it by the
legislature before the end of such regular session, the secretary of state shall
submit it to the people for approval or rejection at the next ensuing regular
general election. The legislature may reject any measure so proposed by
initiative petition and propose a different one dealing with the same subject,
and in such event both measures shall be submitted by the secretary of state to
the people for approval or rejection at the next ensuing regular general
election. When conflicting measures are submitted to the people the ballots
shall be so printed that a voter can express separately by making one cross (X)
for each, two preferences, first, as between either measure and neither, and
secondly, as between one and the other. If the majority of those voting on the
first issue is for neither, both fail, but in that case the votes on the second
issue shall nevertheless be carefully counted and made public. If a majority
voting on the first issue is for either, then the measure receiving a majority
of the votes on the second issue shall be law.
(b) Referendum. The second power reserved by the people is the referendum,
and it may be ordered on any act, bill, law, or any part thereof passed by the
legislature, except such laws as may be necessary for the immediate preservation
of the public peace, health or safety, support of the state government and its
existing public institutions, either by petition signed by the required
percentage of the legal voters, or by the legislature as other bills are enacted.
Six per centum, but in no case more than thirty thousand, of the legal voters
shall be required to sign and make a valid referendum petition. [Note:
Signature requirements were superseded by Art. 2 Sec. 1(a), AMENDMENT 30.]
(c) No act, law, or bill subject to referendum shall take effect until
ninety days after the adjournment of the session at which it was enacted. No
act, law, or bill approved by a majority of the electors voting thereon shall be
amended or repealed by the legislature within a period of two years following
such enactment. But such enactment may be amended or repealed at any general
regular or special election by direct vote of the people thereon. [Note:
Subsection (c) was expressly superseded by Art. 2 Sec. 41, AMENDMENT 26.]
(d) The filing of a referendum petition against one or more items, sections
or parts of any act, law or bill shall not delay the remainder of the measure
from becoming operative. Referendum petitions against measures passed by the
legislature shall be filed with the secretary of state not later than ninety days
after the final adjournment of the session of the legislature which passed the
measure on which the referendum is demanded. The veto power of the governor
shall not extend to measures initiated by or referred to the people. All
elections on measures referred to the people of the state shall be had at the
biennial regular elections, except when the legislature shall order a special
election. Any measure initiated by the people or referred to the people as
herein provided shall take effect and become the law if it is approved by a
majority of the votes cast thereon: Provided, That the vote cast upon such
question or measure shall equal one-third of the total votes cast at such
election and not otherwise. Such measure shall be in operation on and after the
thirtieth day after the election at which it is approved. The style of all bills
proposed by initiative petition shall be: "Be it enacted by the people of the
State of Washington." This section shall not be construed to deprive any member
of the legislature of the right to introduce any measure. The whole number of
electors who voted for governor at the regular gubernatorial election last
preceding the filing of any petition for the initiative or for the referendum
shall be the basis on which the number of legal voters necessary to sign such
petition shall be counted. [Note: Cf. Art. 2 Sec. 1(a), AMENDMENT 30.] All such
petitions shall be filed with the secretary of state, who shall be guided by the
general laws in submitting the same to the people until additional legislation
shall especially provide therefor. This section is self-executing, but
legislation may be enacted especially to facilitate its operation.
The legislature shall provide methods of publicity of all laws or parts of
laws, and amendments to the Constitution referred to the people with arguments
for and against the laws and amendments so referred, so that each voter of the
state shall receive the publication at least fifty days before the election at
which they are to be voted upon. [Note: This paragraph was expressly superseded
by subsection (e) of this section, which was added by AMENDMENT 36.]
(e) The legislature shall provide methods of publicity of all laws or parts
of laws, and amendments to the Constitution referred to the people with arguments
for and against the laws and amendments so referred. The secretary of state
shall send one copy of the publication to each individual place of residence in
the state and shall make such additional distribution as he shall determine
necessary to reasonably assure that each voter will have an opportunity to study
the measures prior to election. These provisions supersede the provisions set
forth in the last paragraph of section 1 of this article as amended by the
seventh amendment to the Constitution of this state. [AMENDMENT 7, 1911 House
Bill No. 153 p 136. Approved November, 1912; Subsection (e) added by AMENDMENT
36, 1961 Senate Joint Resolution No. 9, p 2751. Approved November, 1962.]
Original text - Art. 2 Section 1 LEGISLATIVE POWERS, WHERE VESTED -The
legislative powers shall be vested in a senate and house of representatives,
which shall be called the legislature of the State of Washington.
Note: Art. 2 Sec. 31 was also stricken by AMENDMENT 7.
SECTION 1(a) INITIATIVE AND REFERENDUM, SIGNATURES REQUIRED.
[Stricken by AMENDMENT 72, 1981 Substitute Senate Joint Resolution
No. 133, p 1796. Approved November 3, 1981.]
Amendment 30 (1956) - Art. 2 Section 1(a) INITIATIVE AND REFERENDUM,
SIGNATURES REQUIRED - Hereafter, the number of valid signatures of legal voters
required upon a petition for an initiative measure shall be equal to eight per
centum of the number of voters registered and voting for the office of governor
at the last preceding regular gubernatorial election. Hereafter, the number of
valid signatures of legal voters required upon a petition for a referendum of an
act of the legislature or any part thereof, shall be equal to four per centum of
the number of voters registered and voting for the office of governor at the last
preceding regular gubernatorial election. These provisions supersede the
requirements specified in section 1 of this article as amended by the seventh
amendment to the Constitution of this state. [AMENDMENT 30, 1955 Senate Joint
Resolution No. 4, p 1860. Approved November 6, 1956.]
SECTION 2 HOUSE OF REPRESENTATIVES AND SENATE. The house of
representatives shall be composed of not less than sixty-three nor
more than ninety-nine members. The number of senators shall not be
more than one-half nor less than one-third of the number of members
of the house of representatives. The first legislature shall be
composed of seventy members of the house of representatives, and
thirty-five senators.
SECTION 3 THE CENSUS. [Repealed by AMENDMENT 74, 1983
Substitute Senate Joint Resolution No. 103, p 2202. Approved
November 8, 1983.]
Original text - Art. 2 Section 3 THE CENSUS - The legislature shall provide
by law for an enumeration of the inhabitants of the state in the year one
thousand eight hundred and ninety-five and every ten years thereafter; and at the
first session after such enumeration, and also after each enumeration made by the
authority of the United States, the legislature shall apportion and district anew
the members of the senate and house of representatives, according to the number
of inhabitants, excluding Indians not taxed, soldiers, sailors and officers of
the United States army and navy in active service.
SECTION 4 ELECTION OF REPRESENTATIVES AND TERM OF OFFICE.
Members of the house of representatives shall be elected in the
year eighteen hundred and eighty-nine at the time and in the manner
provided by this Constitution, and shall hold their offices for the
term of one year and until their successors shall be elected.
SECTION 5 ELECTIONS, WHEN TO BE HELD. The next election of the
members of the house of representatives after the adoption of this
Constitution shall be on the first Tuesday after the first Monday
of November, eighteen hundred and ninety, and thereafter, members
of the house of representatives shall be elected biennially and
their term of office shall be two years; and each election shall be
on the first Tuesday after the first Monday in November, unless
otherwise changed by law.
SECTION 6 ELECTION AND TERM OF OFFICE OF SENATORS. After the
first election the senators shall be elected by single districts of
convenient and contiguous territory, at the same time and in the
same manner as members of the house of representatives are required
to be elected; and no representative district shall be divided in
the formation of a senatorial district. They shall be elected for
the term of four years, one-half of their number retiring every two
years. The senatorial districts shall be numbered consecutively,
and the senators chosen at the first election had by virtue of this
Constitution, in odd numbered districts, shall go out of office at
the end of the first year; and the senators, elected in the even
numbered districts, shall go out of office at the end of the third
year.
SECTION 7 QUALIFICATIONS OF LEGISLATORS. No person shall be
eligible to the legislature who shall not be a citizen of the
United States and a qualified voter in the district for which he is
chosen.
SECTION 8 JUDGES OF THEIR OWN ELECTION AND QUALIFICATION -
QUORUM. Each house shall be the judge of the election, returns and
qualifications of its own members, and a majority of each house
shall constitute a quorum to do business; but a smaller number may
adjourn from day to day and may compel the attendance of absent
members, in such manner and under such penalties as each house may
provide.
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 9 RULES OF PROCEDURE. Each house may determine the rules
of its own proceedings, punish for contempt and disorderly
behavior, and, with the concurrence of two-thirds of all the
members elected, expel a member, but no member shall be expelled a
second time for the same offense.
SECTION 10 ELECTION OF OFFICERS. Each house shall elect its own
officers; and when the lieutenant governor shall not attend as
president, or shall act as governor, the senate shall choose a
temporary president. When presiding, the lieutenant governor shall
have the deciding vote in case of an equal division of the senate.
SECTION 11 JOURNAL, PUBLICITY OF MEETINGS - ADJOURNMENTS. Each
house shall keep a journal of its proceedings and publish the same,
except such parts as require secrecy. The doors of each house
shall be kept open, except when the public welfare shall require
secrecy. Neither house shall adjourn for more than three days, nor
to any place other than that in which they may be sitting, without
the consent of the other.
SECTION 12 SESSIONS, WHEN - DURATION. (1) Regular Sessions. A
regular session of the legislature shall be convened each year.
Regular sessions shall convene on such day and at such time as the
legislature shall determine by statute. During each odd-numbered
year, the regular session shall not be more than one hundred five
consecutive days. During each even-numbered year, the regular
session shall not be more than sixty consecutive days.
(2) Special Legislative Sessions. Special legislative sessions
may be convened for a period of not more than thirty consecutive
days by proclamation of the governor pursuant to Article III,
section 7 of this Constitution. Special legislative sessions may
also be convened for a period of not more than thirty consecutive
days by resolution of the legislature upon the affirmative vote in
each house of two-thirds of the members elected or appointed
thereto, which vote may be taken and resolution executed either
while the legislature is in session or during any interim between
sessions in accordance with such procedures as the legislature may
provide by law or resolution. The resolution convening the
legislature shall specify a purpose or purposes for the convening
of a special session, and any special session convened by the
resolution shall consider only measures germane to the purpose or
purposes expressed in the resolution, unless by resolution adopted
during the session upon the affirmative vote in each house of
two-thirds of the members elected or appointed thereto, an
additional purpose or purposes are expressed. The specification of
purpose by the governor pursuant to Article III, section 7 of this
Constitution shall be considered by the legislature but shall not
be mandatory.
(3) Committees of the Legislature. Standing and special
committees of the legislature shall meet and conduct official
business pursuant to such rules as the legislature may adopt.
[AMENDMENT 68, 1979 Substitute Senate Joint Resolution No. 110, p
2286. Approved November 6, 1979.]
Extraordinary sessions to reconsider vetoes: Art. 3 Section 12.
Sessions to convene on the second Monday in January: RCW 44.04.010.
Original text - Art. 2 Section 12 SESSIONS, WHEN - DURATION - The first
legislature shall meet on the first Wednesday after the first Monday in November,
A. D., 1889. The second legislature shall meet on the first Wednesday after the
first Monday in January, A. D., 1891, and sessions of the legislature shall be
held biennially thereafter, unless specially convened by the governor, but the
times of meeting of subsequent sessions may be changed by the legislature. After
the first legislature the sessions shall not be more than sixty days.
SECTION 13 LIMITATION ON MEMBERS HOLDING OFFICE IN THE STATE.
No member of the legislature, during the term for which he is
elected, shall be appointed or elected to any civil office in the
state, which shall have been created during the term for which he
was elected. Any member of the legislature who is appointed or
elected to any civil office in the state, the emoluments of which
have been increased during his legislative term of office, shall be
compensated for the initial term of the civil office at the level
designated prior to the increase in emoluments. [AMENDMENT 69,
1979 Senate Joint Resolution No. 112, p 2287. Approved November 6,
1979.]
Original text - Art 2 Section 13 LIMITATION ON MEMBERS HOLDING OFFICE IN THE
STATE - No member of the legislature, during the term for which he is elected,
shall be appointed or elected to any civil office in the state, which shall have
been created, or the emoluments of which shall have been increased, during the
term for which he was elected.
SECTION 14 SAME, FEDERAL OR OTHER OFFICE. No person, being a
member of congress, or holding any civil or military office under
the United States or any other power, shall be eligible to be a
member of the legislature; and if any person after his election as
a member of the legislature, shall be elected to congress or be
appointed to any other office, civil or military, under the
government of the United States, or any other power, his acceptance
thereof shall vacate his seat, provided, that officers in the
militia of the state who receive no annual salary, local officers
and postmasters, whose compensation does not exceed three hundred
dollars per annum, shall not be ineligible.
SECTION 15 VACANCIES IN LEGISLATURE AND IN PARTISAN COUNTY
ELECTIVE OFFICE. Such vacancies as may occur in either house of the
legislature or in any partisan county elective office shall be
filled by appointment by the board of county commissioners of the
county in which the vacancy occurs: Provided, That the person
appointed to fill the vacancy must be from the same legislative
district, county or county commissioner district and the same
political party as the legislator or partisan county elective
officer whose office has been vacated, and shall be one of three
persons who shall be nominated by the county central committee of
that party, and in case a majority of said county commissioners do
not agree upon the appointment within sixty days after the vacancy
occurs, the governor shall within thirty days thereafter, and from
the list of nominees provided for herein, appoint a person who
shall be from the same legislative district, county or county
commissioner district and of the same political party as the
legislator or partisan county elective officer whose office has
been vacated, and the person so appointed shall hold office until
his successor is elected at the next general election, and shall
have qualified: Provided, That in case of a vacancy occurring in
the office of joint senator, or joint representative, the vacancy
shall be filled from a list of three nominees selected by the state
central committee, by appointment by the joint action of the boards
of county commissioners of the counties composing the joint
senatorial or joint representative district, the person appointed
to fill the vacancy must be from the same legislative district and
of the same political party as the legislator whose office has been
vacated, and in case a majority of said county commissioners do not
agree upon the appointment within sixty days after the vacancy
occurs, the governor shall within thirty days thereafter, and from
the list of nominees provided for herein, appoint a person who
shall be from the same legislative district and of the same
political party as the legislator whose office has been vacated.
[AMENDMENT 52, part, 1967 Senate Joint Resolution No. 24, part; see
1969 p 2976. Approved November 5, 1968.]
Governmental continuity during emergency periods: Art. 2 Section 42.
Vacancies in county, etc., offices, how filled: Art. 11 Section 6.
Amendment 32 (1956) - Art. 2 Section 15 VACANCIES IN LEGISLATURE AND IN
PARTISAN COUNTY ELECTIVE OFFICE - Such vacancies as may occur in either house of
the legislature or in any partisan county elective office shall be filled by
appointment by the board of county commissioners of the county in which the
vacancy occurs: Provided, That the person appointed to fill the vacancy must be
from the same legislative district and the same political party as the legislator
whose office has been vacated, and shall be one of three persons who shall be
nominated by the county central committee of that party, and the person so
appointed shall hold office until his successor is elected at the next general
election, and shall have qualified: Provided, That in case of a vacancy
occurring in the office of joint senator, or joint representative, the vacancy
shall be filled from a list of three nominees selected by the state central
committee, by appointment by the joint action of the boards of county
commissioners of the counties composing the joint senatorial or joint
representative district, the person appointed to fill the vacancy must be from
the same legislative district and of the same political party as the legislator
whose office has been vacated, and in case a majority of said county
commissioners do not agree upon the appointment within sixty days after the
vacancy occurs, the governor shall within thirty days thereafter, and from the
list of nominees provided for herein, appoint a person who shall be from the same
legislative district and of the same political party as the legislator whose
office has been vacated. [AMENDMENT 32, 1955 Senate Joint Resolution No. 14, p
1862. Approved November 6, 1956.]
Amendment 13 (1930)--Art. 2 Section 15 VACANCIES IN LEGISLATURE - Such
vacancies as may occur in either house of the legislature shall be filled by
appointment by the board of county commissioners of the county in which the
vacancy occurs, and the person so appointed shall hold office until his successor
is elected at the next general election, and shall have qualified: Provided,
That in case of a vacancy occurring in the office of joint senator, the vacancy
shall be filled by appointment by the joint action of the boards of county
commissioners of the counties composing the joint senatorial district. [AMENDMENT
13, 1929 p 690. Approved November, 1930.]
Original text - Art. 2 Section 15 WRITS OF ELECTION TO FILL VACANCIES - The
governor shall issue writs of election to fill such vacancies as may occur in
either house of the legislature.
SECTION 16 PRIVILEGES FROM ARREST. Members of the legislature
shall be privileged from arrest in all cases except treason, felony
and breach of the peace; they shall not be subject to any civil
process during the session of the legislature, nor for fifteen days
next before the commencement of each session.
SECTION 17 FREEDOM OF DEBATE. No member of the legislature shall
be liable in any civil action or criminal prosecution whatever, for
words spoken in debate.
SECTION 18 STYLE OF LAWS. The style of the laws of the state
shall be: "Be it enacted by the Legislature of the State of
Washington." And no laws shall be enacted except by bill.
SECTION 19 BILL TO CONTAIN ONE SUBJECT. No bill shall embrace
more than one subject, and that shall be expressed in the title.
SECTION 20 ORIGIN AND AMENDMENT OF BILLS. Any bill may originate
in either house of the legislature, and a bill passed by one house
may be amended in the other.
SECTION 21 YEAS AND NAYS. The yeas and nays of the members of
either house shall be entered on the journal, on the demand of
one-sixth of the members present.
SECTION 22 PASSAGE OF BILLS. No bill shall become a law unless
on its final passage the vote be taken by yeas and nays, the names
of the members voting for and against the same be entered on the
journal of each house, and a majority of the members elected to
each house be recorded thereon as voting in its favor.
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 23 COMPENSATION OF MEMBERS. Each member of the
legislature shall receive for his services five dollars for each
day's attendance during the session, and ten cents for every mile
he shall travel in going to and returning from the place of meeting
of the legislature, on the most usual route.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 24 LOTTERIES AND DIVORCE. The legislature shall never
grant any divorce. Lotteries shall be prohibited except as
specifically authorized upon the affirmative vote of sixty percent
of the members of each house of the legislature or, notwithstanding
any other provision of this Constitution, by referendum or
initiative approved by a sixty percent affirmative vote of the
electors voting thereon. [AMENDMENT 56, 1971 Senate Joint
Resolution No. 5, p 1828. Approved November 7, 1972.]
Original text - Art. 2 Section 24 LOTTERIES AND DIVORCE - The legislature
shall never authorize any lottery or grant any divorce.
SECTION 25 EXTRA COMPENSATION PROHIBITED. The legislature shall
never grant any extra compensation to any public officer, agent,
employee, servant, or contractor, after the services shall have
been rendered, or the contract entered into, nor shall the
compensation of any public officer be increased or diminished
during his term of office. Nothing in this section shall be deemed
to prevent increases in pensions after such pensions shall have
been granted. [AMENDMENT 35, 1957 Senate Joint Resolution No. 18,
p 1301. Approved November 4, 1958.]
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1.
Increase during term of certain officers, authorized: Art. 30 Section 1.
Increase or diminution of compensation during term of office prohibited.
county, city, town or municipal officers: Art. 11 Section 8.
judicial officers: Art. 4 Section 13.
state officers: Art. 3 Section 25.
Original text - Art. 2 Section 25 EXTRA COMPENSATION, PROHIBITED - The
legislature shall never grant any extra compensation to any public officer,
agent, servant, or contractor, after the services shall have been rendered, or
the contract entered into, nor shall the compensation of any public officer be
increased or diminished during his term of office.
SECTION 26 SUITS AGAINST THE STATE. The legislature shall direct
by law, in what manner, and in what courts, suits may be brought
against the state.
SECTION 27 ELECTIONS - VIVA VOCE VOTE. In all elections by the
legislature the members shall vote viva voce, and their votes shall
be entered on the journal.
SECTION 28 SPECIAL LEGISLATION. The legislature is prohibited
from enacting any private or special laws in the following cases:
1. For changing the names of persons, or constituting one person
the heir at law of another.
2. For laying out, opening or altering highways, except in cases
of state roads extending into more than one county, and military
roads to aid in the construction of which lands shall have been or
may be granted by congress.
3. For authorizing persons to keep ferries wholly within this
state.
4. For authorizing the sale or mortgage of real or personal
property of minors, or others under disability.
5. For assessment or collection of taxes, or for extending the
time for collection thereof.
6. For granting corporate powers or privileges.
7. For authorizing the apportionment of any part of the school
fund.
8. For incorporating any town or village or to amend the charter
thereof.
9. From giving effect to invalid deeds, wills or other
instruments.
10. Releasing or extinguishing in whole or in part, the
indebtedness, liability or other obligation, of any person, or
corporation to this state, or to any municipal corporation therein.
11. Declaring any person of age or authorizing any minor to sell,
lease, or encumber his or her property.
12. Legalizing, except as against the state, the unauthorized or
invalid act of any officer.
13. Regulating the rates of interest on money.
14. Remitting fines, penalties or forfeitures.
15. Providing for the management of common schools.
16. Authorizing the adoption of children.
17. For limitation of civil or criminal actions.
18. Changing county lines, locating or changing county seats,
provided, this shall not be construed to apply to the creation of
new counties.
Corporations for municipal purposes shall not be created by special laws: Art.
11 Section 10.
SECTION 29 CONVICT LABOR. After the first day of January
eighteen hundred and ninety the labor of convicts of this state
shall not be let out by contract to any person, copartnership,
company or corporation, and the legislature shall by law provide
for the working of convicts for the benefit of the state.
SECTION 30 BRIBERY OR CORRUPT SOLICITATION. The offense of
corrupt solicitation of members of the legislature, or of public
officers of the state or any municipal division thereof, and any
occupation or practice of solicitation of such members or officers
to influence their official action, shall be defined by law, and
shall be punished by fine and imprisonment. Any person may be
compelled to testify in any lawful investigation or judicial
proceeding against any person who may be charged with having
committed the offense of bribery or corrupt solicitation, or
practice of solicitation, and shall not be permitted to withhold
his testimony on the ground that it may criminate himself or
subject him to public infamy, but such testimony shall not
afterwards be used against him in any judicial proceeding - except
for perjury in giving such testimony - and any person convicted of
either of the offenses aforesaid, shall as part of the punishment
therefor, be disqualified from ever holding any position of honor,
trust or profit in this state. A member who has a private interest
in any bill or measure proposed or pending before the legislature,
shall disclose the fact to the house of which he is a member, and
shall not vote thereon.
SECTION 31 LAWS, WHEN TO TAKE EFFECT. [This section stricken by
AMENDMENT 7, 1911 House Bill No. 153, p 136. Approved November,
1912.]
Original text - Art. 2 Section 31 LAWS, WHEN TO TAKE EFFECT - No law, except
appropriation bills, shall take effect until ninety days after the adjournment
of the session at which it was enacted, unless in case of an emergency (which
emergency must be expressed in the preamble or in the body of the act) the
legislature shall otherwise direct by a vote of two-thirds of all the members
elected to each house; said vote to be taken by yeas and nays and entered on the
journals.
Effective dates of laws: Art. 2 Sections 1 and 41.
SECTION 32 LAWS, HOW SIGNED. No bill shall become a law until
the same shall have been signed by the presiding officer of each of
the two houses in open session, and under such rules as the
legislature shall prescribe.
SECTION 33 ALIEN OWNERSHIP. [Repealed by AMENDMENT 42, 1965
ex.s. Senate Joint Resolution No. 20, p 2816. Approved November 8,
1966.]
Amendment 29 (1954) - Art. 2 Section 33 ALIEN OWNERSHIP - The ownership of
lands by aliens, other than those who in good faith have declared their intention
to become citizens of the United States, is prohibited in this state, except
where acquired by inheritance, under mortgage or in good faith in the ordinary
course of justice in the collection of debts; and all conveyances of lands
hereafter made to any alien directly, or in trust for such alien, shall be void:
Provided, That the provisions of this section shall not apply to lands containing
valuable deposits of minerals, metals, iron, coal, or fire clay, and the
necessary land for mills and machinery to be used in the development thereof and
the manufacture of the products therefrom: And provided further, That the
provisions of this section shall not apply to the citizens of such of the
Provinces of the Dominion of Canada as do not expressly or by implication
prohibit ownership of provincial lands by citizens of this state. [AMENDMENT 29,
1953 House Joint Resolution No. 16, p 853. Approved November 2, 1954.]
Amendment 24 (1950) - Art. 2 Section 33 ALIEN OWNERSHIP - The ownership of
lands by aliens, other than those who in good faith have declared their intention
to become citizens of the United States, is prohibited in this state, except
where acquired by inheritance, under mortgage or in good faith in the ordinary
course of justice in the collection of debts; and all conveyances of lands
hereafter made to any alien directly, or in trust for such alien, shall be void:
Provided, That the provisions of this section shall not apply to lands containing
valuable deposits of minerals, metals, iron, coal, or fire clay, and the
necessary land for mills and machinery to be used in the development thereof and
the manufacture of the products therefrom: And provided further, That the
provisions of this section shall not apply to the citizens of such of the
Provinces of the Dominion of Canada as do not expressly or by implication
prohibit ownership of provincial lands by citizens of this state. Every
corporation, the majority of the capital stock of which is owned by aliens, shall
be considered an alien for the purposes of this prohibition. [AMENDMENT 24, 1949
Senate Joint Resolution No. 9, p 999. Approved November, 1950.]
Original text - Art. 2 Section 33 OWNERSHIP OF LANDS BY ALIENS, PROHIBITED -
Exceptions - The ownership of lands by aliens, other than those who in good
faith have declared their intention to become citizens of the United States, is
prohibited in this state, except where acquired by inheritance, under mortgage
or in good faith in the ordinary course of justice in the collection of debts;
and all conveyances of lands hereafter made to any alien directly or in trust for
such alien shall be void: Provided, That the provisions of this section shall
not apply to lands containing valuable deposits of minerals, metals, iron, coal,
or fire-clay, and the necessary land for mills and machinery to be used in the
development thereof and the manufacture of the products therefrom. Every
corporation, the majority of the capital stock of which is owned by aliens, shall
be considered on alien for the purposes of this prohibition.
SECTION 34 BUREAU OF STATISTICS, AGRICULTURE AND IMMIGRATION.
There shall be established in the office of the secretary of state,
a bureau of statistics, agriculture and immigration, under such
regulations as the legislature may provide.
SECTION 35 PROTECTION OF EMPLOYEES. The legislature shall pass
necessary laws for the protection of persons working in mines,
factories and other employments dangerous to life or deleterious to
health; and fix pains and penalties for the enforcement of the
same.
SECTION 36 WHEN BILLS MUST BE INTRODUCED. No bill shall be
considered in either house unless the time of its introduction
shall have been at least ten days before the final adjournment of
the legislature, unless the legislature shall otherwise direct by
a vote of two-thirds of all the members elected to each house, said
vote to be taken by yeas and nays and entered upon the journal, or
unless the same be at a special session.
SECTION 37 REVISION OR AMENDMENT. No act shall ever be revised
or amended by mere reference to its title, but the act revised or
the section amended shall be set forth at full length.
SECTION 38 LIMITATION ON AMENDMENTS. No amendment to any bill
shall be allowed which shall change the scope and object of the
bill.
SECTION 39 FREE TRANSPORTATION TO PUBLIC OFFICER PROHIBITED. It
shall not be lawful for any person holding public office in this
state to accept or use a pass or to purchase transportation from
any railroad or other corporation, other than as the same may be
purchased by the general public, and the legislature shall pass
laws to enforce this provision.
SECTION 40 HIGHWAY FUNDS. All fees collected by the State of
Washington as license fees for motor vehicles and all excise taxes
collected by the State of Washington on the sale, distribution or
use of motor vehicle fuel and all other state revenue intended to
be used for highway purposes, shall be paid into the state treasury
and placed in a special fund to be used exclusively for highway
purposes. Such highway purposes shall be construed to include the
following:
(a) The necessary operating, engineering and legal expenses
connected with the administration of public highways, county roads
and city streets;
(b) The construction, reconstruction, maintenance, repair, and
betterment of public highways, county roads, bridges and city
streets; including the cost and expense of (1) acquisition of
rights-of-way, (2) installing, maintaining and operating traffic
signs and signal lights, (3) policing by the state of public
highways, (4) operation of movable span bridges, (5) operation of
ferries which are a part of any public highway, county road, or
city street;
(c) The payment or refunding of any obligation of the State of
Washington, or any political subdivision thereof, for which any of
the revenues described in section 1 may have been legally pledged
prior to the effective date of this act;
(d) Refunds authorized by law for taxes paid on motor vehicle
fuels;
(e) The cost of collection of any revenues described in this
section:
Provided, That this section shall not be construed to include
revenue from general or special taxes or excises not levied
primarily for highway purposes, or apply to vehicle operator's
license fees or any excise tax imposed on motor vehicles or the use
thereof in lieu of a property tax thereon, or fees for certificates
of ownership of motor vehicles. [AMENDMENT 18, 1943 House Joint
Resolution No. 4, p 938. Approved November, 1944.]
SECTION 41 LAWS, EFFECTIVE DATE, INITIATIVE, REFERENDUM -
AMENDMENT OR REPEAL. No act, law, or bill subject to referendum
shall take effect until ninety days after the adjournment of the
session at which it was enacted. No act, law or bill approved by
a majority of the electors voting thereon shall be amended or
repealed by the legislature within a period of two years following
such enactment: Provided, That any such act, law or bill may be
amended within two years after such enactment at any regular or
special session of the legislature by a vote of two-thirds of all
the members elected to each house with full compliance with section
12, Article III, of the Washington Constitution, and no amendatory
law adopted in accordance with this provision shall be subject to
referendum. But such enactment may be amended or repealed at any
general regular or special election by direct vote of the people
thereon. These provisions supersede the provisions of subsection
(c) of section 1 of this article as amended by the seventh
amendment to the Constitution of this state. [AMENDMENT 26, 1951
Substitute Senate Joint Resolution No. 7, p 959. Approved November
4, 1952.]
Reviser's note: (1) In third sentence, comma between "general" and "regular"
omitted in conformity with enrolled resolution.
(2) Subsection (c) of section 1 of this article was amended by Amendment 72,
approved November 3, 1981.
SECTION 42 GOVERNMENTAL CONTINUITY DURING EMERGENCY PERIODS. The
legislature, in order to insure continuity of state and local
governmental operations in periods of emergency resulting from
enemy attack, shall have the power and the duty, immediately upon
and after adoption of this amendment, to enact legislation
providing for prompt and temporary succession to the powers and
duties of public offices of whatever nature and whether filled by
election or appointment, the incumbents and legal successors of
which may become unavailable for carrying on the powers and duties
of such offices; the legislature shall likewise enact such other
measures as may be necessary and proper for insuring the continuity
of governmental operations during such emergencies. Legislation
enacted under the powers conferred by this amendment shall in all
respects conform to the remainder of the Constitution: Provided,
That if, in the judgment of the legislature at the time of
disaster, conformance to the provisions of the Constitution would
be impracticable or would admit of undue delay, such legislation
may depart during the period of emergency caused by enemy attack
only, from the following sections of the Constitution:
Article 14, Sections 1 and 2, Seat of Government;
Article 2, Sections 8, 15 (Amendments 13 and 32), and 22,
Membership, Quorum of Legislature and Passage of Bills;
Article 3, Section 10 (Amendment 6), Succession to Governorship:
Provided, That the legislature shall not depart from Section 10,
Article III, as amended by Amendment 6, of the state Constitution
relating to the Governor's office so long as any successor therein
named is available and capable of assuming the powers and duties of
such office as therein prescribed;
Article 3, Section 13, Vacancies in State Offices;
Article 11, Section 6, Vacancies in County Offices;
Article 11, Section 2, Seat of County Government;
Article 3, Section 24, State Records. [AMENDMENT 39, 1961 House
Joint Resolution No. 9, p 2758. Approved November, 1962.]
Continuity of government act: Chapter 42.14 RCW.
SECTION 43 REDISTRICTING. (1) In January of each year ending in
one, a commission shall be established to provide for the
redistricting of state legislative and congressional districts.
(2) The commission shall be composed of five members to be
selected as follows: The legislative leader of the two largest
political parties in each house of the legislature shall appoint
one voting member to the commission by January 15th of each year
ending in one. By January 31st of each year ending in one, the
four appointed members, by an affirmative vote of at least three,
shall appoint the remaining member. The fifth member of the
commission, who shall be nonvoting, shall act as its chairperson.
If any appointing authority fails to make the required appointment
by the date established by this subsection, within five days after
that date the supreme court shall make the required appointment.
(3) No elected official and no person elected to legislative
district, county, or state political party office may serve on the
commission. A commission member shall not have been an elected
official and shall not have been an elected legislative district,
county, or state political party officer within two years of his or
her appointment to the commission. The provisions of this
subsection do not apply to the office of precinct committee person.
(4) The legislature shall enact laws providing for the
implementation of this section, to include additional
qualifications for commissioners and additional standards to govern
the commission. The legislature shall appropriate funds to enable
the commission to carry out its duties.
(5) Each district shall contain a population, excluding
nonresident military personnel, as nearly equal as practicable to
the population of any other district. To the extent reasonable,
each district shall contain contiguous territory, shall be compact
and convenient, and shall be separated from adjoining districts by
natural geographic barriers, artificial barriers, or political
subdivision boundaries. The commission's plan shall not provide
for a number of legislative districts different than that
established by the legislature. The commission's plan shall not
be drawn purposely to favor or discriminate against any political
party or group.
(6) The commission shall complete redistricting as soon as
possible following the federal decennial census, but no later than
January 1st of each year ending in two. At least three of the
voting members shall approve such a redistricting plan. If three
of the voting members of the commission fail to approve a plan
within the time limitations provided in this subsection, the
supreme court shall adopt a plan by April 30th of the year ending
in two in conformance with the standards set forth in subsection
(5) of this section.
(7) The legislature may amend the redistricting plan but must do
so by a two-thirds vote of the legislators elected or appointed to
each house of the legislature. Any amendment must have passed both
houses by the end of the thirtieth day of the first session
convened after the commission has submitted its plan to the
legislature. After that day, the plan, with any legislative
amendments, constitutes the state districting law.
(8) The legislature shall enact laws providing for the
reconvening of a commission for the purpose of modifying a
districting law adopted under this section. Such reconvening
requires a two-thirds vote of the legislators elected or appointed
to each house of the legislature. The commission shall conform to
the standards prescribed under subsection (5) of this section and
any other standards or procedures that the legislature may provide
by law. At least three of the voting members shall approve such a
modification. Any modification adopted by the commission may be
amended by a two-thirds vote of the legislators elected and
appointed to each house of the legislature. The state districting
law shall include the modifications with amendments, if any.
(9) The legislature shall prescribe by law the terms of
commission members and the method of filling vacancies on the
commission.
(10) The supreme court has original jurisdiction to hear and
decide all cases involving congressional and legislative
redistricting.
(11) Legislative and congressional districts may not be changed
or established except pursuant to this section. A districting plan
and any legislative amendments to the plan are not subject to
Article III, section 12 of this Constitution. [AMENDMENT 74, 1983
Substitute Senate Joint Resolution No. 103, p 2202. Approved
November 8, 1983.]
ARTICLE III
THE EXECUTIVE
SECTION 1 EXECUTIVE DEPARTMENT. The executive department shall
consist of a governor, lieutenant governor, secretary of state,
treasurer, auditor, attorney general, superintendent of public
instruction, and a commissioner of public lands, who shall be
severally chosen by the qualified electors of the state at the same
time and place of voting as for the members of the legislature.
SECTION 2 GOVERNOR, TERM OF OFFICE. The supreme executive power
of this state shall be vested in a governor, who shall hold his
office for a term of four years, and until his successor is elected
and qualified.
SECTION 3 OTHER EXECUTIVE OFFICERS, TERMS OF OFFICE. The
lieutenant governor, secretary of state, treasurer, auditor,
attorney general, superintendent of public instruction, and
commissioner of public lands, shall hold their offices for four
years respectively, and until their successors are elected and
qualified.
SECTION 4 RETURNS OF ELECTIONS, CANVASS, ETC. The returns of
every election for the officers named in the first section of this
article shall be sealed up and transmitted to the seat of
government by the returning officers, directed to the secretary of
state, who shall deliver the same to the speaker of the house of
representatives at the first meeting of the house thereafter, who
shall open, publish and declare the result thereof in the presence
of a majority of the members of both houses. The person having the
highest number of votes shall be declared duly elected, and a
certificate thereof shall be given to such person, signed by the
presiding officers of both houses; but if any two or more shall be
highest and equal in votes for the same office, one of them shall
be chosen by the joint vote of both houses. Contested elections
for such officers shall be decided by the legislature in such
manner as shall be determined by law. The terms of all officers
named in section one of this article shall commence on the second
Monday in January after their election until otherwise provided by
law.
SECTION 5 GENERAL DUTIES OF GOVERNOR. The governor may require
information in writing from the officers of the state upon any
subject relating to the duties of their respective offices, and
shall see that the laws are faithfully executed.
SECTION 6 MESSAGES. He shall communicate at every session by
message to the legislature the condition of the affairs of the
state, and recommend such measures as he shall deem expedient for
their action.
SECTION 7 EXTRA LEGISLATIVE SESSIONS. He may, on extraordinary
occasions, convene the legislature by proclamation, in which shall
be stated the purposes for which the legislature is convened.
Extraordinary sessions to reconsider vetoes: Art. 3 Section 12.
SECTION 8 COMMANDER-IN-CHIEF. He shall be commander-in-chief of
the military in the state except when they shall be called into the
service of the United States.
SECTION 9 PARDONING POWER. The pardoning power shall be vested
in the governor under such regulations and restrictions as may be
prescribed by law.
SECTION 10 VACANCY IN OFFICE OF GOVERNOR. In case of the
removal, resignation, death or disability of the governor, the
duties of the office shall devolve upon the lieutenant governor;
and in case of a vacancy in both the offices of governor and
lieutenant governor, the duties of the governor shall devolve upon
the secretary of state. In addition to the line of succession to
the office and duties of governor as hereinabove indicated, if the
necessity shall arise, in order to fill the vacancy in the office
of governor, the following state officers shall succeed to the
duties of governor and in the order named, viz.: Treasurer,
auditor, attorney general, superintendent of public instruction and
commissioner of public lands. In case of the death, disability,
failure or refusal of the person regularly elected to the office of
governor to qualify at the time provided by law, the duties of the
office shall devolve upon the person regularly elected to and
qualified for the office of lieutenant governor, who shall act as
governor until the disability be removed, or a governor be elected;
and in case of the death, disability, failure or refusal of both
the governor and the lieutenant governor elect to qualify, the
duties of the governor shall devolve upon the secretary of state;
and in addition to the line of succession to the office and duties
of governor as hereinabove indicated, if there shall be the failure
or refusal of any officer named above to qualify, and if the
necessity shall arise by reason thereof, then in that event in
order to fill the vacancy in the office of governor, the following
state officers shall succeed to the duties of governor in the order
named, viz: Treasurer, auditor, attorney general, superintendent
of public instruction and commissioner of public lands. Any person
succeeding to the office of governor as in this section provided,
shall perform the duties of such office only until the disability
be removed, or a governor be elected and qualified; and if a
vacancy occur more than thirty days before the next general
election occurring within two years after the commencement of the
term, a person shall be elected at such election to fill the office
of governor for the remainder of the unexpired term. [AMENDMENT 6,
1909 p 642 Section 1. Approved November, 1910.]
Governmental continuity during emergency periods: Art. 2 Section 42.
Original text - Art. 3 Section 10 VACANCY IN - In case of the removal,
resignation, death, or disability of the governor, the duties of the office shall
devolve upon the lieutenant governor, and in case of a vacancy in both the
offices of governor and lieutenant governor, the duties of governor shall devolve
upon the secretary of state, who shall act as governor until the disability be
removed or a governor elected.
SECTION 11 REMISSION OF FINES AND FORFEITURES. The governor
shall have power to remit fines and forfeitures, under such
regulations as may be prescribed by law, and shall report to the
legislature at its next meeting each case of reprieve, commutation
or pardon granted, and the reasons for granting the same, and also
the names of all persons in whose favor remission of fines and
forfeitures shall have been made, and the several amounts remitted
and the reasons for the remission.
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.]
Veto power withheld from initiated and referred measures: Art. 2 Section 1.
Original text - Art. 3 Section 12 VETO POWER - 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 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 ten 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. If any bill presented to the governor contain several sections or
items, he may object to one or more sections or items while approving other
portions of the bill. In such case he shall append to the bill, at the time of
signing it, a statement of the section, or sections; item or items to which he
objects and the reasons therefor, and the section or sections, item or items so
objected to, shall not take effect unless passed over the governor's objection,
as hereinbefore provided.
Veto power does not extend to initiated or referred measures: Art. 2 Section
1(d).
SECTION 13 VACANCY IN APPOINTIVE OFFICE. When, during a recess
of the legislature, a vacancy shall happen in any office, the
appointment to which is vested in the legislature, or when at any
time a vacancy shall have occurred in any other state office, for
the filling of which vacancy no provision is made elsewhere in this
Constitution, the governor shall fill such vacancy by appointment,
which shall expire when a successor shall have been elected and
qualified.
Appointment of governing boards of educational, reformatory and penal
institutions: Art. 13 Section 1.
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 14 SALARY. The governor shall receive an annual salary
of four thousand dollars, which may be increased by law, but shall
never exceed six thousand dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 15 COMMISSIONS, HOW ISSUED. All commissions shall issue
in the name of the state, shall be signed by the governor, sealed
with the seal of the state, and attested by the secretary of state.
SECTION 16 LIEUTENANT GOVERNOR, DUTIES AND SALARY. The
lieutenant governor shall be presiding officer of the state senate,
and shall discharge such other duties as may be prescribed by law.
He shall receive an annual salary of one thousand dollars, which
may be increased by the legislature, but shall never exceed three
thousand dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 17 SECRETARY OF STATE, DUTIES AND SALARY. The secretary
of state shall keep a record of the official acts of the
legislature, and executive department of the state, and shall, when
required, lay the same, and all matters relative thereto, before
either branch of the legislature, and shall perform such other
duties as shall be assigned him by law. He shall receive an annual
salary of twenty-five hundred dollars, which may be increased by
the legislature, but shall never exceed three thousand dollars per
annum.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 18 SEAL. There shall be a seal of the state kept by the
secretary of state for official purposes, which shall be called,
"The Seal of the State of Washington."
Design of the Seal: Art. 18 Section 1.
State seal: RCW 1.20.080.
SECTION 19 STATE TREASURER, DUTIES AND SALARY. The treasurer
shall perform such duties as shall be prescribed by law. He shall
receive an annual salary of two thousand dollars, which may be
increased by the legislature, but shall never exceed four thousand
dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 20 STATE AUDITOR, DUTIES AND SALARY. The auditor shall
be auditor of public accounts, and shall have such powers and
perform such duties in connection therewith as may be prescribed by
law. He shall receive an annual salary of two thousand dollars,
which may be increased by the legislature, but shall never exceed
three thousand dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 21 ATTORNEY GENERAL, DUTIES AND SALARY. The attorney
general shall be the legal adviser of the state officers, and shall
perform such other duties as may be prescribed by law. He shall
receive an annual salary of two thousand dollars, which may be
increased by the legislature, but shall never exceed thirty-five
hundred dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 22 SUPERINTENDENT OF PUBLIC INSTRUCTION, DUTIES AND
SALARY. The superintendent of public instruction shall have
supervision over all matters pertaining to public schools, and
shall perform such specific duties as may be prescribed by law. He
shall receive an annual salary of twenty-five hundred dollars,
which may be increased by law, but shall never exceed four thousand
dollars per annum.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1, Art. 30.
SECTION 23 COMMISSIONER OF PUBLIC LANDS - COMPENSATION. The
commissioner of public lands shall perform such duties and receive
such compensation as the legislature may direct.
SECTION 24 RECORDS, WHERE KEPT, ETC. The governor, secretary of
state, treasurer, auditor, superintendent of public instruction,
commissioner of public lands and attorney general shall severally
keep the public records, books and papers relating to their
respective offices, at the seat of government, at which place also
the governor, secretary of state, treasurer and auditor shall
reside.
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 25 QUALIFICATIONS, COMPENSATION, OFFICES WHICH MAY BE
ABOLISHED. No person, except a citizen of the United States and a
qualified elector of this state, shall be eligible to hold any
state office. The compensation for state officers shall not be
increased or diminished during the term for which they shall have
been elected. The legislature may in its discretion abolish the
offices of the lieutenant governor, auditor and commissioner of
public lands. [AMENDMENT 31, 1955 Senate Joint Resolution No. 6, p
1861. Approved November 6, 1956.]
Authorizing compensation increase during term: Art. 30 Section 1.
Increase or diminution of compensation during term of office prohibited.
county, city, town or municipal officers: Art. 11 Section 8.
judicial officers: Art. 4 Section 3.
public officers: Art. 2 Section 5.
Original text - Art. 3 Section 25 QUALIFICATIONS - No person, except a
citizen of the United States and a qualified elector of this state, shall be
eligible to hold any state office, and the state treasurer shall be ineligible
for the term succeeding that for which he was elected. The compensation for
state officers shall not be increased or diminished during the term for which
they shall have been elected. The legislature may in its discretion abolish the
offices of the lieutenant governor, auditor and commissioner of public lands.
ARTICLE IV
THE JUDICIARY
SECTION 1 JUDICIAL POWER, WHERE VESTED. The judicial power of
the state shall be vested in a supreme court, superior courts,
justices of the peace, and such inferior courts as the legislature
may provide.
Court of appeals: Art. 4 Section 29.
SECTION 2 SUPREME COURT. The supreme court shall consist of five
judges, a majority of whom shall be necessary to form a quorum, and
pronounce a decision. The said court shall always be open for the
transaction of business except on nonjudicial days. In the
determination of causes all decisions of the court shall be given
in writing and the grounds of the decision shall be stated. The
legislature may increase the number of judges of the supreme court
from time to time and may provide for separate departments of said
court.
SECTION 2(a) TEMPORARY PERFORMANCE OF JUDICIAL DUTIES. When
necessary for the prompt and orderly administration of justice a
majority of the Supreme Court is empowered to authorize judges or
retired judges of courts of record of this state, to perform,
temporarily, judicial duties in the Supreme Court, and to authorize
any superior court judge to perform judicial duties in any superior
court of this state. [AMENDMENT 38, 1961 House Joint Resolution No.
6, p 2757. Approved November, 1962.]
SECTION 3 ELECTION AND TERMS OF SUPREME COURT JUDGES. The judges
of the supreme court shall be elected by the qualified electors of
the state at large at the general state election at the times and
places at which state officers are elected, unless some other time
be provided by the legislature. The first election of judges of
the supreme court shall be at the election which shall be held upon
the adoption of this Constitution and the judges elected thereat
shall be classified by lot, so that two shall hold their office for
the term of three years, two for the term of five years, and one
for the term of seven years. The lot shall be drawn by the judges
who shall for that purpose assemble at the seat of government, and
they shall cause the result thereof to be certified to the
secretary of state, and filed in his office. The supreme court
shall select a chief justice from its own membership to serve for
a four-year term at the pleasure of a majority of the court as
prescribed by supreme court rule. The chief justice shall preside
at all sessions of the supreme court. In case of the absence of
the chief justice, the majority of the remaining court shall select
one of their members to serve as acting chief justice. After the
first election the terms of judges elected shall be six years from
and after the second Monday in January next succeeding their
election. If a vacancy occur in the office of a judge of the
supreme court the governor shall only appoint a person to ensure
the number of judges as specified by the legislature, to hold the
office until the election and qualification of a judge to fill the
vacancy, which election shall take place at the next succeeding
general election, and the judge so elected shall hold the office
for the remainder of the unexpired term. The term of office of the
judges of the supreme court, first elected, shall commence as soon
as the state shall have been admitted into the Union, and continue
for the term herein provided, and until their successors are
elected and qualified. The sessions of the supreme court shall be
held at the seat of government until otherwise provided by law.
[AMENDMENT 89, 1995 Substitute Senate Joint Resolution No. 8210, p
2905. Approved November 7, 1995.]
Original text - Art. 4 Section 3 ELECTION AND TERMS OF SUPREME COURT JUDGES -
The judges of the supreme court shall be elected by the qualified electors of the
state at large at the general state election at the times and places at which
state officers are elected, unless some other time be provided by the
legislature. The first election of judges of the supreme court shall be at the
election which shall be held upon the adoption of this Constitution and the
judges elected thereat shall be classified by lot, so that two shall hold their
office for the term of three years, two for the term of five years, and one for
the term of seven years. The lot shall be drawn by the judges who shall for that
purpose assemble at the seat of government, and they shall cause the result
thereof to be certified to the secretary of state, and filed in his office. The
judge having the shortest term to serve not holding his office by appointment or
election to fill a vacancy, shall be the chief justice, and shall preside at all
sessions of the supreme court, and in case there shall be two judges having in
like manner the same short term, the other judges of the supreme court shall
determine which of them shall be chief justice. In case of the absence of the
chief justice, the judge having in like manner the shortest or next shortest term
to serve shall preside. After the first election the terms of judges elected
shall be six years from and after the second Monday in January next succeeding
their election. If a vacancy occur in the office of a judge of the supreme court
the governor shall appoint a person to hold the office until the election and
qualification of a judge to fill the vacancy, which election shall take place at
the next succeeding general election, and the judge so elected shall hold the
office for the remainder of the unexpired term. The term of office of the judges
of the supreme court, first elected, shall commence as soon as the state shall
have been admitted into the Union, and continue for the term herein provided, and
until their successors are elected and qualified. The sessions of the supreme
court shall be held at the seat of government until otherwise provided by law.
SECTION 3(a) RETIREMENT OF SUPREME COURT AND SUPERIOR COURT
JUDGES. A judge of the supreme court or the superior court shall
retire from judicial office at the end of the calendar year in
which he attains the age of seventy-five years. The legislature
may, from time to time, fix a lesser age for mandatory retirement,
not earlier than the end of the calendar year in which any such
judge attains the age of seventy years, as the legislature deems
proper. This provision shall not affect the term to which any such
judge shall have been elected or appointed prior to, or at the time
of, approval and ratification of this provision. Notwithstanding
the limitations of this section, the legislature may by general law
authorize or require the retirement of judges for physical or
mental disability, or any cause rendering judges incapable of
performing their judicial duties. [AMENDMENT 25, 1951 House Joint
Resolution No. 6, p 960. Approved November 4, 1952.]
SECTION 4 JURISDICTION. The supreme court shall have original
jurisdiction in habeas corpus, and quo warranto and mandamus as to
all state officers, and appellate jurisdiction in all actions and
proceedings, excepting that its appellate jurisdiction shall not
extend to civil actions at law for the recovery of money or
personal property when the original amount in controversy, or the
value of the property does not exceed the sum of two hundred
dollars ($200) unless the action involves the legality of a tax,
impost, assessment, toll, municipal fine, or the validity of a
statute. The supreme court shall also have power to issue writs of
mandamus, review, prohibition, habeas corpus, certiorari and all
other writs necessary and proper to the complete exercise of its
appellate and revisory jurisdiction. Each of the judges shall have
power to issue writs of habeas corpus to any part of the state upon
petition by or on behalf of any person held in actual custody, and
may make such writs returnable before himself, or before the
supreme court, or before any superior court of the state or any
judge thereof.
SECTION 5 SUPERIOR COURT - ELECTION OF JUDGES, TERMS OF, ETC.
There shall be in each of the organized counties of this state a
superior court for which at least one judge shall be elected by the
qualified electors of the county at the general state election:
Provided, That until otherwise directed by the legislature one
judge only shall be elected for the counties of Spokane and
Stevens; one judge for the county of Whitman; one judge for the
counties of Lincoln, Okanogan, Douglas and Adams; one judge for the
counties of Walla Walla and Franklin; one judge for the counties of
Columbia, Garfield and Asotin; one judge for the counties of
Kittitas, Yakima and Klickitat; one judge for the counties of
Clarke, Skamania, Pacific, Cowlitz and Wahkiakum; one judge for the
counties of Thurston, Chehalis, Mason and Lewis; one judge for the
county of Pierce; one judge for the county of King; one judge for
the counties of Jefferson, Island, Kitsap, San Juan and Clallam;
and one judge for the counties of Whatcom, Skagit and Snohomish.
In any county where there shall be more than one superior judge,
there may be as many sessions of the superior court at the same
time as there are judges thereof, and whenever the governor shall
direct a superior judge to hold court in any county other than that
for which he has been elected, there may be as many sessions of the
superior court in said county at the same time as there are judges
therein or assigned to duty therein by the governor, and the
business of the court shall be so distributed and assigned by law
or in the absence of legislation therefor, by such rules and orders
of court as shall best promote and secure the convenient and
expeditious transaction thereof. The judgments, decrees, orders
and proceedings of any session of the superior court held by any
one or more of the judges of such court shall be equally effectual
as if all the judges of said court presided at such session. The
first superior judges elected under this Constitution shall hold
their offices for the period of three years, and until their
successors shall be elected and qualified, and thereafter the term
of office of all superior judges in this state shall be for four
years from the second Monday in January next succeeding their
election and until their successors are elected and qualified. The
first election of judges of the superior court shall be at the
election held for the adoption of this Constitution. If a vacancy
occurs in the office of judge of the superior court, the governor
shall appoint a person to hold the office until the election and
qualification of a judge to fill the vacancy, which election shall
be at the next succeeding general election, and the judge so
elected shall hold office for the remainder of the unexpired term.
Supreme court may authorize superior court judge to perform judicial duties in
any superior court: Art. 4 Section 2(a).
SECTION 6 JURISDICTION OF SUPERIOR COURTS. Superior courts and
district courts have concurrent jurisdiction in cases in equity.
The superior court shall have original jurisdiction in all cases at
law which involve the title or possession of real property, or the
legality of any tax, impost, assessment, toll, or municipal fine,
and in all other cases in which the demand or the value of the
property in controversy amounts to three thousand dollars or as
otherwise determined by law, or a lesser sum in excess of the
jurisdiction granted to justices of the peace and other inferior
courts, and in all criminal cases amounting to felony, and in all
cases of misdemeanor not otherwise provided for by law; of actions
of forcible entry and detainer; of proceedings in insolvency; of
actions to prevent or abate a nuisance; of all matters of probate,
of divorce, and for annulment of marriage; and for such special
cases and proceedings as are not otherwise provided for. The
superior court shall also have original jurisdiction in all cases
and of all proceedings in which jurisdiction shall not have been by
law vested exclusively in some other court; and said court shall
have the power of naturalization and to issue papers therefor.
They shall have such appellate jurisdiction in cases arising in
justices' and other inferior courts in their respective counties as
may be prescribed by law. They shall always be open, except on
nonjudicial days, and their process shall extend to all parts of
the state. Said courts and their judges shall have power to issue
writs of mandamus, quo warranto, review, certiorari, prohibition,
and writs of habeas corpus, on petition by or on behalf of any
person in actual custody in their respective counties. Injunctions
and writs of prohibition and of habeas corpus may be issued and
served on legal holidays and nonjudicial days. [AMENDMENT 87, 1993
House Joint Resolution No. 4201, p 3063. Approved November 2,
1993.]
Amendment 65, part (1977) - Art. 4 Section 6 Jurisdiction of Superior Courts
- The superior court shall have original jurisdiction in all cases in equity and
in all cases at law which involve the title or possession of real property, or
the legality of any tax, impost, assessment, toll, or municipal fine, and in all
other cases in which the demand or the value of the property in controversy
amounts to three thousand dollars or as otherwise determined by law, or a lesser
sum in excess of the jurisdiction granted to justices of the peace and other
inferior courts, and in all criminal cases amounting to felony, and in all cases
of misdemeanor not otherwise provided for by law; of actions of forcible entry
and detainer; of proceedings in insolvency; of actions to prevent or abate a
nuisance; of all matters of probate, of divorce, and for annulment of marriage;
and for such special cases and proceedings as are not otherwise provided for.
The superior court shall also have original jurisdiction in all cases and of all
proceedings in which jurisdiction shall not have been by law vested exclusively
in some other court; and said court shall have the power of naturalization and
to issue papers therefor. They shall have such appellate jurisdiction in cases
arising in justices' and other inferior courts in their respective counties as
may be prescribed by law. They shall always be open, except on nonjudicial days,
and their process shall extend to all parts of the state. Said courts and their
judges shall have power to issue writs of mandamus, quo warranto, review,
certiorari, prohibition, and writs of habeas corpus, on petition by or on behalf
of any person in actual custody in their respective counties. Injunctions and
writs of prohibition and of habeas corpus may be issued and served on legal
holidays and nonjudicial days. [AMENDMENT 65, part, 1977 Senate Joint Resolution
No. 113, p 1714. Approved November 8, 1977.]
Amendment 65 also amended Art. 4 Section 10.
Amendment 28, part (1952) - Art. 4 Section 6 JURISDICTION OF SUPERIOR COURTS
- The superior court shall have original jurisdiction in all cases in equity and
in all cases at law which involve the title or possession of real property, or
the legality of any tax, impost, assessment, toll, or municipal fine, and in all
other cases in which the demand or the value of the property in controversy
amounts to one thousand dollars, or a lesser sum in excess of the jurisdiction
granted to justices of the peace and other inferior courts, and in all criminal
cases amounting to felony, and in all cases of misdemeanor not otherwise provided
for by law; of actions of forcible entry and detainer; of proceedings in
insolvency; of actions to prevent or abate a nuisance; of all matters of probate,
of divorce, and for annulment of marriage; and for such special cases and
proceedings as are not otherwise provided for. The superior court shall also
have original jurisdiction in all cases and of all proceedings in which
jurisdiction shall not have been by law vested exclusively in some other court;
and said court shall have the power of naturalization and to issue papers
therefor. They shall have such appellate jurisdiction in cases arising in
justices' and other inferior courts in their respective counties as may be
prescribed by law. They shall always be open, except on nonjudicial days, and
their process shall extend to all parts of the state. Said courts and their
judges shall have power to issue writs of mandamus, quo warranto, review,
certiorari, prohibition, and writs of habeas corpus, on petition by or on behalf
of any person in actual custody in their respective counties. Injunctions and
writs of prohibition and of habeas corpus may be issued and served on legal
holidays and nonjudicial days. [AMENDMENT 28, part, 1951 Substitute House Joint
Resolution No. 13, p 962. Approved November 4, 1952.]
Note: Amendment 28 also amended Art. 4 Section 10.
ORIGINAL TEXT - ART. 4 Section 6 JURISDICTION OF SUPERIOR COURTS - The
superior court shall have original jurisdiction in all cases in equity, and in
all cases at law which involve the title or possession of real property, or the
legality of any tax, impost, assessment, toll or municipal fine, and in all other
cases in which the demand, or the value of the property in controversy amounts
to one hundred dollars, and in all criminal cases amounting to felony, and in all
cases of misdemeanor not otherwise provided for by law; of actions of forcible
entry and detainer; of proceedings in insolvency; of actions to prevent or abate
a nuisance; of all matters of probate, of divorce, and for annulment of marriage;
and for such special cases and proceedings as are not otherwise provided for.
The superior court shall also have original jurisdiction in all cases and of all
proceedings in which jurisdiction shall not have been by law vested exclusively
in some other court; and said court shall have the power of naturalization, and
to issue papers therefor. They shall have such appellate jurisdiction in cases
arising in justice's and other inferior courts in their respective counties as
may be prescribed by law. They shall be always open except on non-judicial days,
and their process shall extend to all parts of the state. Said courts and their
judges shall have power to issue writs of mandamus, quo warranto, review,
certiorari, prohibition, and writs of habeas corpus on petition by or on behalf
of any person in actual custody in their respective counties. Injunctions and
writs of prohibition and of habeas corpus may be issued and served on legal
holidays and non-judicial days.
SECTION 7 EXCHANGE OF JUDGES - JUDGE PRO TEMPORE. The judge of
any superior court may hold a superior court in any county at the
request of the judge of the superior court thereof, and upon the
request of the governor it shall be his or her duty to do so. A
case in the superior court may be tried by a judge pro tempore
either with the agreement of the parties if the judge pro tempore
is a member of the bar, is agreed upon in writing by the parties
litigant or their attorneys of record, and is approved by the court
and sworn to try the case; or without the agreement of the parties
if the judge pro tempore is a sitting elected judge and is acting
as a judge pro tempore pursuant to supreme court rule. The supreme
court rule must require assignments of judges pro tempore based on
the judges' experience and must provide for the right, exercisable
once during a case, to a change of judge pro tempore. Such right
shall be in addition to any other right provided by law. However,
if a previously elected judge of the superior court retires leaving
a pending case in which the judge has made discretionary rulings,
the judge is entitled to hear the pending case as a judge pro
tempore without any written agreement. [AMENDMENT 94, 2001
Engrossed Senate Joint Resolution No. 8208, p 2327. Approved
November 6, 2001.]
Amendment 80 - Art. 4 Section 7 EXCHANGE OF JUDGES - JUDGE PRO TEMPORE - The
judge of any superior court may hold a superior court in any county at the
request of the judge of the superior court thereof, and upon the request of the
governor it shall be his duty to do so. A case in the superior court may be
tried by a judge, pro tempore, who must be a member of the bar, agreed upon in
writing by the parties litigant, or their attorneys of record, approved by the
court and sworn to try the case. However, if a previously elected judge of the
superior court retires leaving a pending case in which the judge has made
discretionary rulings, the judge is entitled to hear the pending case as a judge
pro tempore without any written agreement. [Amendment 80, 1987 Senate Joint
Resolution No. 8207, p 2815. Approved November 3, 1987.]
ORIGINAL TEXT - ART. 4 Section 7 EXCHANGE OF JUDGES - JUDGE PRO TEMPORE - The
judge of any superior court may hold a superior court in any county at the
request of the judge of the superior court thereof, and upon the request of the
governor it shall be his duty to do so. A case in the superior court may be
tried by a judge, pro tempore, who must be a member of the bar, agreed upon in
writing by the parties litigant, or their attorneys of record, approved by the
court and sworn to try the case.
SECTION 8 ABSENCE OF JUDICIAL OFFICER. Any judicial officer who
shall absent himself from the state for more than sixty consecutive
days shall be deemed to have forfeited his office: Provided, That
in cases of extreme necessity the governor may extend the leave of
absence such time as the necessity therefor shall exist.
SECTION 9 REMOVAL OF JUDGES, ATTORNEY GENERAL, ETC. Any judge of
any court of record, the attorney general, or any prosecuting
attorney may be removed from office by joint resolution of the
legislature, in which three-fourths of the members elected to each
house shall concur, for incompetency, corruption, malfeasance, or
delinquency in office, or other sufficient cause stated in such
resolution. But no removal shall be made unless the officer
complained of shall have been served with a copy of the charges
against him as the ground of removal, and shall have an opportunity
of being heard in his defense. Such resolution shall be entered at
length on the journal of both houses and on the question of removal
the ayes and nays shall also be entered on the journal.
Removal, censure, suspension, or retirement of judges or justices: Art. 4
Section 31.
SECTION 10 JUSTICES OF THE PEACE. The legislature shall
determine the number of justices of the peace to be elected and
shall prescribe by law the powers, duties and jurisdiction of
justices of the peace: Provided, That such jurisdiction granted by
the legislature shall not trench upon the jurisdiction of superior
or other courts of record, except that justices of the peace may be
made police justices of incorporated cities and towns. Justices of
the peace shall have original jurisdiction in cases where the
demand or value of the property in controversy is less than three
hundred dollars or such greater sum, not to exceed three thousand
dollars or as otherwise determined by law, as shall be prescribed
by the legislature. In incorporated cities or towns having more
than five thousand inhabitants, the justices of the peace shall
receive such salary as may be provided by law, and shall receive no
fees for their own use. [AMENDMENT 65, part, 1977 Senate Joint
Resolution No. 113, p 1714. Approved November 8, 1977.]
Amendment 65 also amended Art. 4 Section 6.
Amendment 28, part (1952) - Art. 4 Section 10 JUSTICES OF THE PEACE - The
legislature shall determine the number of justices of the peace to be elected and
shall prescribe by law the powers, duties and jurisdiction of justices of the
peace: Provided, That such jurisdiction granted by the legislature shall not
trench upon the jurisdiction of superior or other courts of record, except that
justices of the peace may be made police justices of incorporated cities and
towns. Justices of the peace shall have original jurisdiction in cases where the
demand or value of the property in controversy is less than three hundred dollars
or such greater sum, not to exceed one thousand dollars, as shall be prescribed
by the legislature. In incorporated cities or towns having more than five
thousand inhabitants, the justices of the peace shall receive such salary as may
be provided by law, and shall receive no fees for their own use. [AMENDMENT 28,
part, 1951 Substitute House Joint Resolution No. 13, p 962. Approved November
4, 1952.]
Note: Amendment 28 also amended Art. 4 Section 6.
Original text - Art. 4 Section 10 JUSTICES OF THE PEACE - The legislature
shall determine the number of justices of the peace to be elected in incorporated
cities or towns and in precincts, and shall prescribe by law the powers, duties
and jurisdiction of justices of the peace; Provided, That such jurisdiction
granted by the legislature shall not trench upon the jurisdiction of superior or
other courts of record, except that justices of the peace may be made police
justices of incorporated cities and towns. In incorporated cities or towns
having more than five thousand inhabitants the justices of the peace shall
receive such salary as may be provided by law, and shall receive no fees for
their own use.
SECTION 11 COURTS OF RECORD. The supreme court and the superior
courts shall be courts of record, and the legislature shall have
power to provide that any of the courts of this state, excepting
justices of the peace, shall be courts of record.
SECTION 12 INFERIOR COURTS. The legislature shall prescribe by
law the jurisdiction and powers of any of the inferior courts which
may be established in pursuance of this Constitution.
SECTION 13 SALARIES OF JUDICIAL OFFICERS - HOW PAID, ETC. No
judicial officer, except court commissioners and unsalaried
justices of the peace, shall receive to his own use any fees or
perquisites of office. The judges of the supreme court and judges
of the superior courts shall severally at stated times, during
their continuance in office, receive for their services the
salaries prescribed by law therefor, which shall not be increased
after their election, nor during the term for which they shall have
been elected. The salaries of the judges of the supreme court
shall be paid by the state. One-half of the salary of each of the
superior court judges shall be paid by the state, and the other
one-half by the county or counties for which he is elected. In
cases where a judge is provided for more than one county, that
portion of his salary which is to be paid by the counties shall be
apportioned between or among them according to the assessed value
of their taxable property, to be determined by the assessment next
preceding the time for which such salary is to be paid.
Authorizing compensation increase during term: Art. 30 Section 1.
Increase or diminution of compensation during term of office prohibited
county, city or municipal officers: Art. 11 Section 8.
public officers: Art. 2 Section 25.
state officers: Art. 3 Section 25.
SECTION 14 SALARIES OF SUPREME AND SUPERIOR COURT JUDGES. Each
of the judges of the supreme court shall receive an annual salary
of four thousand dollars ($4,000); each of the superior court
judges shall receive an annual salary of three thousand dollars
($3,000), which said salaries shall be payable quarterly. The
legislature may increase the salaries of judges herein provided.
Compensation of legislators, elected state officials, and judges: Art. 28
Section 1.
SECTION 15 INELIGIBILITY OF JUDGES. The judges of the supreme
court and the judges of the superior court shall be ineligible to
any other office or public employment than a judicial office, or
employment, during the term for which they shall have been elected.
SECTION 16 CHARGING JURIES. Judges shall not charge juries with
respect to matters of fact, nor comment thereon, but shall declare
the law.
SECTION 17 ELIGIBILITY OF JUDGES. No person shall be eligible to
the office of judge of the supreme court, or judge of a superior
court, unless he shall have been admitted to practice in the courts
of record of this state, or of the Territory of Washington.
SECTION 18 SUPREME COURT REPORTER. The judges of the supreme
court shall appoint a reporter for the decisions of that court, who
shall be removable at their pleasure. He shall receive such annual
salary as shall be prescribed by law.
SECTION 19 JUDGES MAY NOT PRACTICE LAW. No judge of a court of
record shall practice law in any court of this state during his
continuance in office.
SECTION 20 DECISIONS, WHEN TO BE MADE. Every cause submitted to
a judge of a superior court for his decision shall be decided by
him within ninety days from the submission thereof; Provided, That
if within said period of ninety days a rehearing shall have been
ordered, then the period within which he is to decide shall
commence at the time the cause is submitted upon such a hearing.
SECTION 21 PUBLICATION OF OPINIONS. The legislature shall
provide for the speedy publication of opinions of the supreme
court, and all opinions shall be free for publication by any
person.
SECTION 22 CLERK OF THE SUPREME COURT. The judges of the supreme
court shall appoint a clerk of that court who shall be removable at
their pleasure, but the legislature may provide for the election of
the clerk of the supreme court, and prescribe the term of his
office. The clerk of the supreme court shall receive such
compensation by salary only as shall be provided by law.
SECTION 23 COURT COMMISSIONERS. There may be appointed in each
county, by the judge of the superior court having jurisdiction
therein, one or more court commissioners, not exceeding three in
number, who shall have authority to perform like duties as a judge
of the superior court at chambers, subject to revision by such
judge, to take depositions and to perform such other business
connected with the administration of justice as may be prescribed
by law.
SECTION 24 RULES FOR SUPERIOR COURTS. The judges of the superior
courts, shall from time to time, establish uniform rules for the
government of the superior courts.
SECTION 25 REPORTS OF SUPERIOR COURT JUDGES. Superior judges,
shall on or before the first day of November in each year, report
in writing to the judges of the supreme court such defects and
omissions in the laws as their experience may suggest, and the
judges of the supreme court shall on or before the first day of
January in each year report in writing to the governor such defects
and omissions in the laws as they may believe to exist.
SECTION 26 CLERK OF THE SUPERIOR COURT. The county clerk shall
be by virtue of his office, clerk of the superior court.
SECTION 27 STYLE OF PROCESS. The style of all process shall be,
"The State of Washington," and all prosecutions shall be conducted
in its name and by its authority.
SECTION 28 OATH OF JUDGES. Every judge of the supreme court, and
every judge of a superior court shall, before entering upon the
duties of his office, take and subscribe an oath that he will
support the Constitution of the United States and the Constitution
of the State of Washington, and will faithfully and impartially
discharge the duties of judge to the best of his ability, which
oath shall be filed in the office of the secretary of state.
SECTION 29 ELECTION OF SUPERIOR COURT JUDGES. Notwithstanding
any provision of this Constitution to the contrary, if, after the
last day as provided by law for the withdrawal of declarations of
candidacy has expired, only one candidate has filed for any single
position of superior court judge in any county containing a
population of one hundred thousand or more, no primary or election
shall be held as to such position, and a certificate of election
shall be issued to such candidate. If, after any contested primary
for superior court judge in any county, only one candidate is
entitled to have his name printed on the general election ballot
for any single position, no election shall be held as to such
position, and a certificate of election shall be issued to such
candidate: Provided, That in the event that there is filed with
the county auditor within ten days after the date of the primary,
a petition indicating that a write in campaign will be conducted
for such single position and signed by one hundred registered
voters qualified to vote with respect of the office, then such
single position shall be subject to the general election.
Provisions for the contingency of the death or disqualification of
a sole candidate between the last date for withdrawal and the time
when the election would be held but for the provisions of this
section, and such other provisions as may be deemed necessary to
implement the provisions of this section, may be enacted by the
legislature. [AMENDMENT 41, 1965 ex.s. Substitute Senate Joint
Resolution No. 6, p 2815. Approved November 8, 1966.]
SECTION 30 COURT OF APPEALS. (1) Authorization. In addition to
the courts authorized in section 1 of this article, judicial power
is vested in a court of appeals, which shall be established by
statute.
(2) Jurisdiction. The jurisdiction of the court of appeals
shall be as provided by statute or by rules authorized by statute.
(3) Review of Superior Court. Superior court actions may be
reviewed by the court of appeals or by the supreme court as
provided by statute or by rule authorized by statute.
(4) Judges. The number, manner of election, compensation,
terms of office, removal and retirement of judges of the court of
appeals shall be as provided by statute.
(5) Administration and Procedure. The administration and
procedures of the court of appeals shall be as provided by rules
issued by the supreme court.
(6) Conflicts. The provisions of this section shall supersede
any conflicting provisions in prior sections of this article.
[AMENDMENT 50, 1967 Senate Joint Resolution No. 6; see 1969 p
2975. Approved November 5, 1968.]
Reviser's note: This section which was adopted as Sec. 29 is herein
renumbered Sec. 30 to avoid confusion with Sec. 29, supra.
SECTION 31 COMMISSION ON JUDICIAL CONDUCT. (1) There shall be a
commission on judicial conduct, existing as an independent agency
of the judicial branch, and consisting of a judge selected by and
from the court of appeals judges, a judge selected by and from the
superior court judges, a judge selected by and from the district
court judges, two persons admitted to the practice of law in this
state selected by the state bar association, and six persons who
are not attorneys appointed by the governor.
(2) Whenever the commission receives a complaint against a judge
or justice, or otherwise has reason to believe that a judge or
justice should be admonished, reprimanded, censured, suspended,
removed, or retired, the commission shall first investigate the
complaint or belief and then conduct initial proceedings for the
purpose of determining whether probable cause exists for conducting
a public hearing or hearings to deal with the complaint or belief.
The investigation and initial proceedings shall be confidential.
Upon beginning an initial proceeding, the commission shall notify
the judge or justice of the existence of and basis for the initial
proceeding.
(3) Whenever the commission concludes, based on an initial
proceeding, that there is probable cause to believe that a judge or
justice has violated a rule of judicial conduct or that the judge
or justice suffers from a disability which is permanent or likely
to become permanent and which seriously interferes with the
performance of judicial duties, the commission shall conduct a
public hearing or hearings and shall make public all those records
of the initial proceeding that provide the basis for its
conclusion. If the commission concludes that there is not probable
cause, it shall notify the judge or justice of its conclusion.
(4) Upon the completion of the hearing or hearings, the
commission in open session shall either dismiss the case, or shall
admonish, reprimand, or censure the judge or justice, or shall
censure the judge or justice and recommend to the supreme court the
suspension or removal of the judge or justice, or shall recommend
to the supreme court the retirement of the judge or justice. The
commission may not recommend suspension or removal unless it
censures the judge or justice for the violation serving as the
basis for the recommendation. The commission may recommend
retirement of a judge or justice for a disability which is
permanent or likely to become permanent and which seriously
interferes with the performance of judicial duties.
(5) Upon the recommendation of the commission, the supreme court
may suspend, remove, or retire a judge or justice. The office of
a judge or justice retired or removed by the supreme court becomes
vacant, and that person is ineligible for judicial office until
eligibility is reinstated by the supreme court. The salary of a
removed judge or justice shall cease. The supreme court shall
specify the effect upon salary when it suspends a judge or justice.
The supreme court may not suspend, remove, or retire a judge or
justice until the commission, after notice and hearing, recommends
that action be taken, and the supreme court conducts a hearing,
after notice, to review commission proceedings and findings against
the judge or justice.
(6) Within thirty days after the commission admonishes,
reprimands, or censures a judge or justice, the judge or justice
shall have a right of appeal de novo to the supreme court.
(7) Any matter before the commission or supreme court may be
disposed of by a stipulation entered into in a public proceeding.
The stipulation shall be signed by the judge or justice and the
commission or court. The stipulation may impose any terms and
conditions deemed appropriate by the commission or court. A
stipulation shall set forth all material facts relating to the
proceeding and the conduct of the judge or justice.
(8) Whenever the commission adopts a recommendation that a judge
or justice be removed, the judge or justice shall be suspended
immediately, with salary, from his or her judicial position until
a final determination is made by the supreme court.
(9) The legislature shall provide for commissioners' terms of
office and compensation. The commission shall employ one or more
investigative officers with appropriate professional training and
experience. The investigative officers of the commission shall
report directly to the commission. The commission shall also
employ such administrative or other staff as are necessary to
manage the affairs of the commission.
(10) The commission shall, to the extent that compliance does
not conflict with this section, comply with laws of general
applicability to state agencies with respect to rule-making
procedures, and with respect to public notice of and attendance at
commission proceedings other than initial proceedings. The
commission shall establish rules of procedure for commission
proceedings including due process and confidentiality of
proceedings. [AMENDMENT 85, 1989 Substitute Senate Joint Resolution
No. 8202, p 3000. Approved November 7, 1989.]
Removal by legislature: Art. 4 Section 9.
Amendment 77 (1986) - Art. 4 Section 31 COMMISSION ON JUDICIAL CONDUCT -
REMOVAL, CENSURE, SUSPENSION, OR RETIREMENT OF JUDGES OR JUSTICES - PROCEEDINGS -
There shall be a commission on judicial conduct consisting of a judge selected
by and from the court of appeals judges, a judge selected by and from the
superior court judges, a judge selected by and from the district court judges,
two persons admitted to the practice of law in this state selected by the state
bar association, and four persons who are not attorneys appointed by the governor
and confirmed by the senate.
The supreme court may censure, suspend, or remove a judge or justice for
violating a rule of judicial conduct and may retire a judge or justice for
disability which is permanent or is likely to become permanent and which
seriously interferes with the performance of judicial duties. The office of a
judge or justice retired or removed by the supreme court becomes vacant, and that
person is ineligible for judicial office until eligibility is reinstated by the
supreme court. The salary of a removed judge or justice shall cease.
The supreme court shall specify the effect upon salary when disciplinary
action other than removal is taken. The supreme court may not discipline or
retire a judge or justice until the commission on judicial conduct recommends
after notice and hearing that action be taken and the supreme court conducts a
hearing, after notice, to review commission proceedings and findings against a
judge or justice.
Whenever the commission receives a complaint against a judge or justice, it
shall first conduct proceedings for the purpose of determining whether sufficient
reason exists for conducting a hearing or hearings to deal with the accusations.
These initial proceedings shall be confidential, unless confidentiality is waived
by the judge or justice, but all subsequent hearings conducted by the commission
shall be open to members of the public.
Whenever the commission adopts a recommendation that a judge or justice be
removed, the judge or justice shall be suspended immediately, with salary, from
his or her judicial position until a final determination is made by the supreme
court.
The legislature shall provide for commissioners' terms of office and
compensation. The commission shall establish rules of procedure for commission
proceedings including due process and confidentiality of proceedings. [AMENDMENT
77, 1986 Senate Joint Resolution No. 136, p 1532. Approved November 4, 1986.]
Amendment 71 (1980) - Art. 4 Section 31 JUDICIAL QUALIFICATIONS COMMISSION -
REMOVAL, CENSURE, SUSPENSION, OR RETIREMENT OF JUDGES OR JUSTICES - There shall
be a judicial qualifications commission consisting of a judge selected by and
from the court of appeals judges, a judge selected by and from the superior court
judges, a judge selected by and from the district court judges, two persons
admitted to the practice of law in this state selected by the state bar
association, and two persons who are not attorneys appointed by the governor and
confirmed by the senate.
The supreme court may censure, suspend, or remove a judge or justice for
violating a rule of judicial conduct and may retire a judge or justice for
disability which is permanent or is likely to become permanent and which
seriously interferes with the performance of judicial duties. The office of a
judge or justice retired or removed by the supreme court becomes vacant, and that
person is ineligible for judicial office until eligibility is reinstated by the
supreme court. The salary of a removed judge or justice shall cease.
The supreme court shall specify the effect upon salary when disciplinary
action other than removal is taken. The supreme court may not discipline or
retire a judge or justice until the judicial qualifications commission recommends
after notice and hearing that action be taken and the supreme court conducts a
hearing, after notice, to review commission proceedings and findings against a
judge or justice.
The legislature shall provide for commissioners' terms of office and
compensation. The commission shall establish rules of procedure for commission
proceedings including due process and confidentiality of proceedings. [AMENDMENT
71, 1980 Substitute House Joint Resolution No. 37, p 652. Approved November 4,
1980.]
ARTICLE V
IMPEACHMENT
SECTION 1 IMPEACHMENT - POWER OF AND PROCEDURE. The house of
representatives shall have the sole power of impeachment. The
concurrence of a majority of all the members shall be necessary to
an impeachment. All impeachments shall be tried by the senate,
and, when sitting for that purpose, the senators shall be upon oath
or affirmation to do justice according to law and evidence. When
the governor or lieutenant governor is on trial, the chief justice
of the supreme court shall preside. No person shall be convicted
without a concurrence of two-thirds of the senators elected.
SECTION 2 OFFICERS LIABLE TO. The governor and other state and
judicial officers, except judges and justices of courts not of
record, shall be liable to impeachment for high crimes or
misdemeanors, or malfeasance in office, but judgment in such cases
shall extend only to removal from office and disqualification to
hold any office of honor, trust or profit, in the state. The
party, whether convicted or acquitted, shall, nevertheless, be
liable to prosecution, trial, judgment and punishment according to
law.
SECTION 3 REMOVAL FROM OFFICE. All officers not liable to
impeachment shall be subject to removal for misconduct or
malfeasance in office, in such manner as may be provided by law.
ARTICLE VI
ELECTIONS AND ELECTIVE RIGHTS
SECTION 1 QUALIFICATIONS OF ELECTORS. All persons of the age of
eighteen years or over who are citizens of the United States and
who have lived in the state, county, and precinct thirty days
immediately preceding the election at which they offer to vote,
except those disqualified by Article VI, section 3 of this
Constitution, shall be entitled to vote at all elections.
[AMENDMENT 63, 1974 Senate Joint Resolution No. 143, p 807.
Approved November 5, 1974.]
Amendment 5 (1910) - Art. 6 Section 1 QUALIFICATIONS OF ELECTORS - All
persons of the age of twenty-one years or over, possessing the following
qualifications, shall be entitled to vote at all elections: They shall be
citizens of the United States; they shall have lived in the state one year, and
in the county ninety days, and in the city, town, ward or precinct thirty days
immediately preceding the election at which they offer to vote; they shall be
able to read and speak the English language: Provided, That Indians not taxed
shall never be allowed the elective franchise: And further provided, That this
amendment shall not affect the rights of franchise of any person who is now a
qualified elector of this state. The legislative authority shall enact laws
defining the manner of ascertaining the qualifications of voters as to their
ability to read and speak the English language, and providing for punishment of
persons voting or registering in violation of the provision of this section.
There shall be no denial of the elective franchise at any election on account of
sex. [AMENDMENT 5, 1909 p 26 Section 1. Approved November, 1910.]
Amendment 2 (1896) - Art. 6 Section 1 QUALIFICATIONS OF VOTERS - All male
persons of the age of twenty-one years or over, possessing the following
qualifications, shall be entitled to vote at all elections: They shall be
citizens of the United States; they shall have lived in the state one year, and
in the county ninety days, and in the city, town, ward or precinct thirty days
immediately preceding the election at which they offer to vote; they shall be
able to read and speak the English language: Provided, That Indians not taxed
shall never be allowed the elective franchise: And further provided, That this
amendment shall not effect [affect] the right of franchise of any person who is
now a qualified elector of this state. The legislature shall enact laws defining
the manner of ascertaining the qualifications of voters as to their ability to
read and speak the English language, and providing for punishment of persons
voting or registering in violation of the provisions of this section. [AMENDMENT
2, 1895 p 60 Section 1. Approved November, 1896.]
Original text - Art. 6 Section 1 QUALIFICATIONS OF ELECTORS - All male
persons of the age of twenty-one years or over, possessing the following
qualifications, shall be entitled to vote at all elections: They shall be
citizens of the United States; They shall have lived in the state one year, and
in the county ninety days, and in the city, town, ward or precinct thirty days
immediately preceding the election at which they offer to vote; Provided, that
Indians not taxed shall never be allowed the elective franchise; Provided,
further; that all male persons who at the time of the adoption of this
Constitution are qualified electors of the Territory, shall be electors.
SECTION 1A VOTER QUALIFICATIONS FOR PRESIDENTIAL ELECTIONS. In
consideration of those citizens of the United States who become
residents of the state of Washington during the year of a
presidential election with the intention of making this state their
permanent residence, this section is for the purpose of authorizing
such persons who can meet all qualifications for voting as set
forth in section 1 of this article, except for residence, to vote
for presidential electors or for the office of President and
Vice-President of the United States, as the case may be, but no
other: Provided, That such persons have resided in the state at
least sixty days immediately preceding the presidential election
concerned.
The legislature shall establish the time, manner and place for
such persons to cast such presidential ballots. [AMENDMENT 46, 1965
ex.s. Substitute House Joint Resolution No. 4, p 2820. Approved
November 8, 1966.]
SECTION 2 SCHOOL ELECTIONS - FRANCHISE, HOW EXTENDED. [This
section stricken by AMENDMENT 5, see Art. 6 Section 1.]
Original text - Art. 6 Section 2 SCHOOL ELECTIONS - FRANCHISE, HOW EXTENDED -
The legislature may provide that there shall be no denial of the elective
franchise at any school election on account of sex.
SECTION 3 WHO DISQUALIFIED. All persons convicted of infamous
crime unless restored to their civil rights and all persons while
they are judicially declared mentally incompetent are excluded from
the elective franchise. [AMENDMENT 83, 1988 House Joint Resolution
No. 4231, p 1553. Approved November 8, 1988.]
Original text - Art. 6 Section 3 WHO DISQUALIFIED - All idiots, insane
persons, and persons convicted of infamous crime unless restored to their civil
rights are excluded from the elective franchise.
SECTION 4 RESIDENCE, CONTINGENCIES AFFECTING. For the purpose of
voting and eligibility to office no person shall be deemed to have
gained a residence by reason of his presence or lost it by reason
of his absence, while in the civil or military service of the state
or of the United States, nor while a student at any institution of
learning, nor while kept at public expense at any poor-house or
other asylum, nor while confined in public prison, nor while
engaged in the navigation of the waters of this state or of the
United States, or of the high seas.
SECTION 5 VOTER - WHEN PRIVILEGED FROM ARREST. Voters shall in
all cases except treason, felony, and breach of the peace be
privileged from arrest during their attendance at elections and in
going to, and returning therefrom. No elector shall be required to
do military duty on the day of any election except in time of war
or public danger.
SECTION 6 BALLOT. All elections shall be by ballot. The
legislature shall provide for such method of voting as will secure
to every elector absolute secrecy in preparing and depositing his
ballot.
SECTION 7 REGISTRATION. The legislature shall enact a
registration law, and shall require a compliance with such law
before any elector shall be allowed to vote; Provided, that this
provision is not compulsory upon the legislature except as to
cities and towns having a population of over five hundred
inhabitants. In all other cases the legislature may or may not
require registration as a pre-requisite to the right to vote, and
the same system of registration need not be adopted for both
classes.
SECTION 8 ELECTIONS, TIME OF HOLDING. The first election of
county and district officers not otherwise provided for in this
Constitution shall be on the Tuesday next after the first Monday in
November 1890, and thereafter all elections for such officers shall
be held bi-ennially on the Tuesday next succeeding the first Monday
in November. The first election of all state officers not
otherwise provided for in this Constitution, after the election
held for the adoption of this Constitution, shall be on the Tuesday
next after the first Monday in November, 1892, and the elections
for such state officers shall be held in every fourth year
thereafter on the Tuesday succeeding the first Monday in November.
Cf. Art. 27 Section 14.
ARTICLE VII
REVENUE AND TAXATION
SECTION 1 TAXATION. The power of taxation shall never be
suspended, surrendered or contracted away. All taxes shall be
uniform upon the same class of property within the territorial
limits of the authority levying the tax and shall be levied and
collected for public purposes only. The word "property" as used
herein shall mean and include everything, whether tangible or
intangible, subject to ownership. All real estate shall constitute
one class: Provided, That the legislature may tax mines and
mineral resources and lands devoted to reforestation by either a
yield tax or an ad valorem tax at such rate as it may fix, or by
both. Such property as the legislature may by general laws provide
shall be exempt from taxation. Property of the United States and of
the state, counties, school districts and other municipal
corporations, and credits secured by property actually taxed in
this state, not exceeding in value the value of such property,
shall be exempt from taxation. The legislature shall have power,
by appropriate legislation, to exempt personal property to the
amount of three thousand ($3,000.00) dollars for each head of a
family liable to assessment and taxation under the provisions of
the laws of this state of which the individual is the actual bona
fide owner. [AMENDMENT 81, 1988 House Joint Resolution No. 4222, p
1551. Approved November 8, 1988.]
Amendment 14 (1930) - ART. 7 Section 1 TAXATION - The power of taxation shall
never be suspended, surrendered or contracted away. All taxes shall be uniform
upon the same class of property within the territorial limits of the authority
levying the tax and shall be levied and collected for public purposes only. The
word "property" as used herein shall mean and include everything, whether
tangible or intangible, subject to ownership. All real estate shall constitute
one class: Provided, That the legislature may tax mines and mineral resources
and lands devoted to reforestation by either a yield tax or an ad valorem tax at
such rate as it may fix, or by both. Such property as the legislature may by
general laws provide shall be exempt from taxation. Property of the United States
and of the state, counties, school districts and other municipal corporations,
and credits secured by property actually taxed in this state, not exceeding in
value the value of such property, shall be exempt from taxation. The legislature
shall have power, by appropriate legislation, to exempt personal property to the
amount of three hundred ($300.00) dollars for each head of a family liable to
assessment and taxation under the provisions of the laws of this state of which
the individual is the actual bona fide owner.[AMENDMENT 14, 1929 p 499 Section
1. Approved November, 1930.]
Reviser's note: Amendment 14 amended Art. 7 by striking all of Sections 1,
2, 3 and 4. Subsequently, Amendment 17 added a new Section 2, and Amendment 19
added a new Section 3.
Original text - Art. 7 Section 1 ANNUAL STATE TAX - All property in the
state, not exempt under the laws of the United States, or under this
Constitution, shall be taxed in proportion to its value, to be ascertained as
provided by law. The legislature shall provide by law for an annual tax
sufficient, with other sources of revenue to defray the estimated ordinary
expenses of the state for each fiscal year. And for the purpose of paying the
state debt, if there be any, the legislature shall provide for levying a tax
annually, sufficient to pay the annual interest and principal of such debt within
twenty years from the final passage of the law creating the debt.
Amendment 3 (1900) - Art. 7 Section 2, was amended by adding the following
proviso: "And provided further, That the legislature shall have power, by
appropriate legislation, to exempt personal property to the amount of three
hundred dollars ($300) for each head of a family liable to assessment and
taxation under the provisions of the laws of this state of which the individual
is the actual and bona fide owner." [AMENDMENT 3, 1899 p 121 Section 1. Approved
November, 1900.]
Original text - Art. 7 Section 2 TAXATION - UNIFORMITY AND EQUALITY -
EXEMPTION - The legislature shall provide by law a uniform and equal rate of
assessment and taxation on all property in the state, according to its value in
money, and shall prescribe such regulations by general law as shall secure a just
valuation for taxation of all property, so that every person and corporation
shall pay a tax in proportion to the value of his, her, or its property;
Provided, that a deduction of debts from credits may be authorized: Provided,
further, that the property of the United States and of the state, counties,
school districts and other municipal corporations, and such other property as the
legislature may by general laws provide, shall be exempt from taxation.
Original text - Art. 7 Section 3 ASSESSMENT OF CORPORATE PROPERTY - The
legislature shall provide by general law for the assessing and levying of taxes
on all corporation property as near as may be by the same methods as are provided
for the assessing and levying of taxes on individual property.
Original text - Art. 7 Section 4 NO SURRENDER OF POWER OR SUSPENSION OF TAX
ON CORPORATE PROPERTY - The power to tax corporations and corporate property
shall not be surrendered or suspended by any contract or grant to which the state
shall be a party.
SECTION 2 LIMITATION ON LEVIES. Except as hereinafter provided
and notwithstanding any other provision of this Constitution, the
aggregate of all tax levies upon real and personal property by the
state and all taxing districts now existing or hereafter created,
shall not in any year exceed one percent of the true and fair value
of such property in money: Provided, however, That nothing herein
shall prevent levies at the rates now provided by law by or for any
port or public utility district. The term "taxing district" for
the purposes of this section shall mean any political subdivision,
municipal corporation, district, or other governmental agency
authorized by law to levy, or have levied for it, ad valorem taxes
on property, other than a port or public utility district. Such
aggregate limitation or any specific limitation imposed by law in
conformity therewith may be exceeded only as follows:
(a) By any taxing district when specifically authorized so to do
by a majority of at least three-fifths of the voters of the taxing
district voting on the proposition to levy such additional tax
submitted not more than twelve months prior to the date on which
the proposed levy is to be made and not oftener than twice in such
twelve month period, either at a special election or at the regular
election of such taxing district, at which election the number of
voters voting "yes" on the proposition shall constitute
three-fifths of a number equal to forty percent of the total number
of voters voting in such taxing district at the last preceding
general election when the number of voters voting on the
proposition does not exceed forty percent of the total number of
voters voting in such taxing district in the last preceding general
election; or by a majority of at least three-fifths of the voters
of the taxing district voting on the proposition to levy when the
number of voters voting on the proposition exceeds forty percent of
the number of voters voting in such taxing district in the last
preceding general election: Provided, That notwithstanding any
other provision of this Constitution, any proposition pursuant to
this subsection to levy additional tax for the support of the
common schools may provide such support for a period of up to four
years and any proposition to levy an additional tax to support the
construction, modernization, or remodelling of school facilities
may provide such support for a period not exceeding six years;
(b) By any taxing district otherwise authorized by law to issue
general obligation bonds for capital purposes, for the sole purpose
of making the required payments of principal and interest on
general obligation bonds issued solely for capital purposes, other
than the replacement of equipment, when authorized so to do by
majority of at least three-fifths of the voters of the taxing
district voting on the proposition to issue such bonds and to pay
the principal and interest thereon by annual tax levies in excess
of the limitation herein provided during the term of such bonds,
submitted not oftener than twice in any calendar year, at an
election held in the manner provided by law for bond elections in
such taxing district, at which election the total number of voters
voting on the proposition shall constitute not less than forty
percent of the total number of voters voting in such taxing
district at the last preceding general election: Provided, That
any such taxing district shall have the right by vote of its
governing body to refund any general obligation bonds of said
district issued for capital purposes only, and to provide for the
interest thereon and amortization thereof by annual levies in
excess of the tax limitation provided for herein, And provided
further, That the provisions of this section shall also be subject
to the limitations contained in Article VIII, Section 6, of this
Constitution;
(c) By the state or any taxing district for the purpose of
preventing the impairment of the obligation of a contract when
ordered so to do by a court of last resort. [Amendment 90, 1997
House Joint Resolution No. 4208, p 3063. Approved November 4,
1997.]
Prior amendments of Art. 7 Section 2, see Amendments 17, 55, 59, 64, and 79.
Amendment 79 (1986) - Art. 7 Section 2 LIMITATION ON LEVIES - Except as
hereinafter provided and notwithstanding any other provision of this
Constitution, the aggregate of all tax levies upon real and personal property by
the state and all taxing districts now existing or hereafter created, shall not
in any year exceed one per centum of the true and fair value of such property in
money: Provided, however, That nothing herein shall prevent levies at the rates
now provided by law by or for any port or public utility district. The term
"taxing district" for the purposes of this section shall mean any political
subdivision, municipal corporation, district, or other governmental agency
authorized by law to levy, or have levied for it, ad valorem taxes on property,
other than a port or public utility district. Such aggregate limitation or any
specific limitation imposed by law in conformity therewith may be exceeded only
(a) By any taxing district when specifically authorized so to do by a
majority of at least three-fifths of the electors thereof voting on the
proposition to levy such additional tax submitted not more than twelve months
prior to the date on which the proposed levy is to be made and not oftener than
twice in such twelve month period, either at a special election or at the regular
election of such taxing district, at which election the number of persons voting
"yes" on the proposition shall constitute three-fifths of a number equal to forty
per centum of the total votes cast in such taxing district at the last preceding
general election when the number of electors voting on the proposition does not
exceed forty per centum of the total votes cast in such taxing district in the
last preceding general election; or by a majority of at least three-fifths of the
electors thereof voting on the proposition to levy when the number of electors
voting on the proposition exceeds forty percentum of the total votes cast in such
taxing district in the last preceding general election: Provided, That
notwithstanding any other provision of this Constitution, any proposition
pursuant to this subsection to levy additional tax for the support of the common
schools may provide such support for a two year period and any proposition to
levy an additional tax to support the construction, modernization, or remodelling
of school facilities may provide such support for a period not exceeding six
years;
(b) By any taxing district otherwise authorized by law to issue general
obligation bonds for capital purposes, for the sole purpose of making the
required payments of principal and interest on general obligation bonds issued
solely for capital purposes, other than the replacement of equipment, when
authorized so to do by majority of at least three-fifths of the electors thereof
voting on the proposition to issue such bonds and to pay the principal and
interest thereon by an annual tax levy in excess of the limitation herein
provided during the term of such bonds, submitted not oftener than twice in any
calendar year, at an election held in the manner provided by law for bond
elections in such taxing district, at which election the total number of persons
voting on the proposition shall constitute not less than forty per centum of the
total number of votes cast in such taxing district at the last preceding general
election: Provided, That any such taxing district shall have the right by vote
of its governing body to refund any general obligation bonds of said district
issued for capital purposes only, and to provide for the interest thereon and
amortization thereof by annual levies in excess of the tax limitation provided
for herein, And provided further, That the provisions of this section shall also
be subject to the limitations contained in Article VIII, Section 6, of this
Constitution;
(c) By the state or any taxing district for the purpose of paying the
principal or interest on general obligation bonds outstanding on December 6,
1934; or for the purpose of preventing the impairment of the obligation of a
contract when ordered so to do by a court of last resort. [AMENDMENT 79, 1986
House Joint Resolution No. 55, p 1530. Approved November 4, 1986.]
Amendment 64 (1976) - Art. 7 Section 2 LIMITATION ON LEVIES - Except as
hereinafter provided and notwithstanding any other provision of this
Constitution, the aggregate of all tax levies upon real and personal property by
the state and all taxing districts now existing or hereafter created, shall not
in any year exceed one per centum of the true and fair value of such property in
money: Provided, however, That nothing herein shall prevent levies at the rates
now provided by law by or for any port or public utility district. The term
"taxing district" for the purposes of this section shall mean any political
subdivision, municipal corporation, district, or other governmental agency
authorized by law to levy, or have levied for it, ad valorem taxes on property,
other than a port or public utility district. Such aggregate limitation or any
specific limitation imposed by law in conformity therewith may be exceeded only
(a) By any taxing district when specifically authorized so to do by a
majority of at least three-fifths of the electors thereof voting on the
proposition to levy such additional tax submitted not more than twelve months
prior to the date on which the proposed levy is to be made and not oftener than
twice in such twelve month period, either at a special election or at the regular
election of such taxing district, at which election the number of persons voting
"yes" on the proposition shall constitute three-fifths of a number equal to forty
per centum of the total votes cast in such taxing district at the last preceding
general election when the number of electors voting on the proposition does not
exceed forty per centum of the total votes cast in such taxing district in the
last preceding general election; or by a majority of at least three-fifths of the
electors thereof voting on the proposition to levy when the number of electors
voting on the proposition exceeds forty percentum of the total votes cast in such
taxing district in the last preceding general election: Provided, That
notwithstanding any other provision of this Constitution, any proposition
pursuant to this subsection to levy additional tax for the support of the common
schools may provide such support for a two year period;
(b) By any taxing district otherwise authorized by law to issue general
obligation bonds for capital purposes, for the sole purpose of making the
required payments of principal and interest on general obligation bonds issued
solely for capital purposes, other than the replacement of equipment, when
authorized so to do by majority of at least three-fifths of the electors thereof
voting on the proposition to issue such bonds and to pay the principal and
interest thereon by an annual tax levy in excess of the limitation herein
provided during the term of such bonds, submitted not oftener than twice in any
calendar year, at an election held in the manner provided by law for bond
elections in such taxing district, at which election the total number of persons
voting on the proposition shall constitute not less than forty per centum of the
total number of votes cast in such taxing district at the last preceding general
election: Provided, That any such taxing district shall have the right by vote
of its governing body to refund any general obligation bonds of said district
issued for capital purposes only, and to provide for the interest thereon and
amortization thereof by annual levies in excess of the tax limitation provided
for herein, And provided further, That the provisions of this section shall also
be subject to the limitations contained in Article VIII, Section 6, of this
Constitution;
(c) By the state or any taxing district for the purpose of paying the
principal or interest on general obligation bonds outstanding on December 6,
1934; or for the purpose of preventing the impairment of the obligation of a
contract when ordered so to do by a court of last resort. [AMENDMENT 64, 1975-'76
2nd ex.s. Senate Joint Resolution No. 137, p 518. Approved November 2, 1976.]
Amendment 59 (1972) and Amendment 55 (1972) - Art. 7 Section 2 LIMITATION ON
LEVIES - Except as hereinafter provided and notwithstanding any other provision
of this Constitution, the aggregate of all tax levies upon real and personal
property by the state and all taxing districts now existing or hereafter created,
shall not in any year exceed one per centum of the true and fair value of such
property in money: Provided, however, That nothing herein shall prevent levies
at the rates now provided by law by or for any port or public utility district.
The term "taxing district" for the purposes of this section shall mean any
political subdivision, municipal corporation, district, or other governmental
agency authorized by law to levy, or have levied for it, ad valorem taxes on
property, other than a port or public utility district. Such aggregate
limitation or any specific limitation imposed by law in conformity therewith may
be exceeded only
(a) By any taxing district when specifically authorized so to do by a
majority of at least three-fifths of the electors thereof voting on the
proposition to levy such additional tax submitted not more than twelve months
prior to the date on which the proposed levy is to be made and not oftener than
twice in such twelve month period, either at a special election or at the regular
election of such taxing district, at which election the number of persons voting
"yes" on the proposition shall constitute three-fifths of a number equal to forty
per centum of the total votes cast in such taxing district at the last preceding
general election when the number of electors voting on the proposition does not
exceed forty per centum of the total votes cast in such taxing district in the
last preceding general election; or by a majority of at least three-fifths of the
electors thereof voting on the proposition to levy when the number of electors
voting on the proposition exceeds forty percentum of the total votes cast in such
taxing district in the last preceding general election;
(b) By any taxing district otherwise authorized by law to issue general
obligation bonds for capital purposes, for the sole purpose of making the
required payments of principal and interest on general obligation bonds issued
solely for capital purposes, other than the replacement of equipment, when
authorized so to do by majority of at least three-fifths of the electors thereof
voting on the proposition to issue such bonds and to pay the principal and
interest thereon by an annual tax levy in excess of the limitation herein
provided during the term of such bonds, submitted not oftener than twice in any
calendar year, at an election held in the manner provided by law for bond
elections in such taxing district, at which election the total number of persons
voting on the proposition shall constitute not less than forty per centum of the
total number of votes cast in such taxing district at the last preceding general
election: Provided, That any such taxing district shall have the right by vote
of its governing body to refund any general obligation bonds of said district
issued for capital purposes only, and to provide for the interest thereon and
amortization thereof by annual levies in excess of the tax limitation provided
for herein, And provided further, That the provisions of this section shall also
be subject to the limitations contained in Article VIII, Section 6, of this
Constitution;
(c) By the state or any taxing district for the purpose of paying the
principal or interest on general obligation bonds outstanding on December 6,
1934; or for the purpose of preventing the impairment of the obligation of a
contract when ordered so to do by a court of last resort.[(i) AMENDMENT 59, 1971
House Joint Resolution No. 47, p 1834. Approved November, 1972. (ii) AMENDMENT
55, 1971 Senate Joint Resolution No. 1, p 1827. Approved November, 1972.]
Reviser's note: Article 7 Section 2 was twice amended in different respects
at the November 1972 general election by the ratification of both S.J.R. No. 1.
(AMENDMENT 55) and H.J.R. No. 47. (AMENDMENT 59.) 1971 HJR No. 47 contained the
following paragraph:
"Be It Further Resolved, That the foregoing amendment shall be submitted to
the qualified electors of the state in such a manner that they may vote for or
against it separately from the proposed amendment to Article VII, section 2,
(Amendment 17) of the Constitution of the State of Washington contained in Senate
Joint Resolution No. 1: Provided, That if both proposed amendments are approved
and ratified, both shall become part of the Constitution" [1971 House Joint
Resolution No. 47, part, p 1834]
The section as printed above reflects the content of both amendments.
Amendment 17 (1944) - Art. 7 Section 2 FORTY MILL LIMIT - Except as
hereinafter provided and notwithstanding any other provision of this
Constitution, the aggregate of all tax levies upon real and personal property by
the state and all taxing districts now existing or hereafter created, shall not
in any year exceed forty mills on the dollar of assessed valuation, which
assessed valuation shall be fifty per centum of the true and fair value of such
property in money: Provided, however, That nothing herein shall prevent levies
at the rates now provided by law by or for any port or public utility district.
The term "taxing district" for the purposes of this section shall mean any
political subdivision, municipal corporation, district, or other governmental
agency authorized by law to levy, or have levied for it, ad valorem taxes on
property, other than a port or public utility district. Such aggregate
limitation or any specific limitation imposed by law in conformity therewith may
be exceeded only
(a) By any taxing district when specifically authorized so to do by a
majority of at least three-fifths of the electors thereof voting on the
proposition to levy such additional tax submitted not more than twelve months
prior to the date on which the proposed levy is to be made and not oftener than
twice in such twelve month period, either at a special election or at the regular
election of such taxing district, at which election the number of persons voting
on the proposition shall constitute not less than forty per centum of the total
number of votes cast in such taxing district at the last preceding general
election;
(b) By any taxing district otherwise authorized by law to issue general
obligation bonds for capital purposes, for the sole purpose of making the
required payments of principal and interest on general obligation bonds issued
solely for capital purposes, other than the replacement of equipment, when
authorized so to do by majority of at least three-fifths of the electors thereof
voting on the proposition to issue such bonds and to pay the principal and
interest thereon by an annual tax levy in excess of the limitation herein
provided during the term of such bonds, submitted not oftener than twice in any
calendar year, at an election held in the manner provided by law for bond
elections in such taxing district, at which election the total number of persons
voting on the proposition shall constitute not less than forty per centum of the
total number of votes cast in such taxing district at the last preceding general
election: Provided, That any such taxing district shall have the right by vote
of its governing body to refund any general obligation bonds of said district
issued for capital purposes only, and to provide for the interest thereon and
amortization thereof by annual levies in excess of the tax limitation provided
for herein, and Provided further, That the provisions of this section shall also
be subject to the limitations contained in Article VIII, Section 6, of this
Constitution;
(c) By the state or any taxing district for the purpose of paying the
principal or interest on general obligation bonds outstanding on December 6,
1934; or for the purpose of preventing the impairment of the obligation of a
contract when ordered so to do by a court of last resort. [AMENDMENT 17, 1943
House Joint Resolution No. 1, p 936. Approved November, 1944.]
Reviser's note: Original section 2, as amended by Amendment 3, was stricken
by Amendment 14. The original section and Amendment 3, are set out following
Art. 7, Section 1, above.
SECTION 3 TAXATION OF FEDERAL AGENCIES AND PROPERTY. The United
States and its agencies and instrumentalities, and their property,
may be taxed under any of the tax laws of this state, whenever and
in such manner as such taxation may be authorized or permitted
under the laws of the United States, notwithstanding anything to
the contrary in the Constitution of this state. [AMENDMENT 19, 1945
House Joint Resolution No. 9, p 932. Approved November, 1946.]
Reviser's note: Original section 3 was stricken by Amendment 14. The
original section is set out following Art. 7 Section 1, above.
SECTION 4 NO SURRENDER OF POWER OR SUSPENSION OF TAX ON
CORPORATE PROPERTY.
Reviser's note: Original section 4 was stricken by Amendment 14. It is set
out following Art. 7 Section 1, above.
SECTION 5 TAXES, HOW LEVIED. No tax shall be levied except in
pursuance of law; and every law imposing a tax shall state
distinctly the object of the same to which only it shall be
applied.
SECTION 6 TAXES, HOW PAID. All taxes levied and collected for
state purposes shall be paid in money only into the state treasury.
SECTION 7 ANNUAL STATEMENT. An accurate statement of the
receipts and expenditures of the public moneys shall be published
annually in such manner as the legislature may provide.
SECTION 8 TAX TO COVER DEFICIENCIES. Whenever the expenses of
any fiscal year shall exceed the income, the legislature may
provide for levying a tax for the ensuing fiscal year, sufficient,
with other sources of income, to pay the deficiency, as well as the
estimated expenses of the ensuing fiscal year.
SECTION 9 SPECIAL ASSESSMENTS OR TAXATION FOR LOCAL
IMPROVEMENTS. The legislature may vest the corporate authorities of
cities, towns and villages with power to make local improvements by
special assessment, or by special taxation of property benefited.
For all corporate purposes, all municipal corporations may be
vested with authority to assess and collect taxes and such taxes
shall be uniform in respect to persons and property within the
jurisdiction of the body levying the same.
SECTION 10 RETIRED PERSONS PROPERTY TAX EXEMPTION.
Notwithstanding the provisions of Article 7, section 1 (Amendment
14) and Article 7, section 2 (Amendment 17), the following tax
exemption shall be allowed as to real property:
The legislature shall have the power, by appropriate
legislation, to grant to retired property owners relief from the
property tax on the real property occupied as a residence by those
owners. The legislature may place such restrictions and conditions
upon the granting of such relief as it shall deem proper. Such
restrictions and conditions may include, but are not limited to,
the limiting of the relief to those property owners below a
specific level of income and those fulfilling certain minimum
residential requirements. [AMENDMENT 47, 1965 ex.s. House Joint
Resolution No. 7, p 2821. Approved November 8, 1966.]
SECTION 11 TAXATION BASED ON ACTUAL USE. Nothing in this Article
VII as amended shall prevent the legislature from providing,
subject to such conditions as it may enact, that the true and fair
value in money (a) of farms, agricultural lands, standing timber
and timberlands, and (b) of other open space lands which are used
for recreation or for enjoyment of their scenic or natural beauty
shall be based on the use to which such property is currently
applied, and such values shall be used in computing the assessed
valuation of such property in the same manner as the assessed
valuation is computed for all property. [AMENDMENT 53, 1967 House
Joint Resolution No. 1; see 1969 p 2976. Approved November 5,
1968.]
ARTICLE VIII
STATE, COUNTY, AND MUNICIPAL INDEBTEDNESS
SECTION 1 STATE DEBT. (a) The state may contract debt, the
principal of which shall be paid and discharged within thirty years
from the time of contracting thereof, in the manner set forth
herein.
(b) The aggregate debt contracted by the state shall not exceed
that amount for which payments of principal and interest in any
fiscal year would require the state to expend more than nine
percent of the arithmetic mean of its general state revenues for
the three immediately preceding fiscal years as certified by the
treasurer. The term "fiscal year" means that period of time
commencing July 1 of any year and ending on June 30 of the
following year.
(c) The term "general state revenues" when used in this section,
shall include all state money received in the treasury from each
and every source whatsoever except: (1) Fees and revenues derived
from the ownership or operation of any undertaking, facility, or
project; (2) Moneys received as gifts, grants, donations, aid, or
assistance or otherwise from the United States or any department,
bureau, or corporation thereof, or any person, firm, or
corporation, public or private, when the terms and conditions of
such gift, grant, donation, aid, or assistance require the
application and disbursement of such moneys otherwise than for the
general purposes of the state of Washington; (3) Moneys to be paid
into and received from retirement system funds, and performance
bonds and deposits; (4) Moneys to be paid into and received from
trust funds including but not limited to moneys received from taxes
levied for specific purposes and the several permanent and
irreducible funds of the state and the moneys derived therefrom but
excluding bond redemption funds; (5) Proceeds received from the
sale of bonds or other evidences of indebtedness.
(d) In computing the amount required for payment of principal
and interest on outstanding debt under this section, debt shall be
construed to mean borrowed money represented by bonds, notes, or
other evidences of indebtedness which are secured by the full faith
and credit of the state or are required to be repaid, directly or
indirectly, from general state revenues and which are incurred by
the state, any department, authority, public corporation, or quasi
public corporation of the state, any state university or college,
or any other public agency created by the state but not by
counties, cities, towns, school districts, or other municipal
corporations, but shall not include obligations for the payment of
current expenses of state government, nor shall it include debt
hereafter incurred pursuant to section 3 of this article,
obligations guaranteed as provided for in subsection (g) of this
section, principal of bond anticipation notes or obligations issued
to fund or refund the indebtedness of the Washington state building
authority.
(e) The state may pledge the full faith, credit, and taxing
power of the state to guarantee the voter approved general
obligation debt of school districts in the manner authorized by the
legislature. Any such guarantee does not remove the debt
obligation of the school district and is not state debt.
(f) The state may, without limitation, fund or refund, at or
prior to maturity, the whole or any part of any existing debt or of
any debt hereafter contracted pursuant to section 1, section 2, or
section 3 of this article, including any premium payable with
respect thereto and interest thereon, or fund or refund, at or
prior to maturity, the whole or any part of any indebtedness
incurred or authorized prior to the effective date of this
amendment by any entity of the type described in subsection (h) of
this section, including any premium payable with respect thereto
and any interest thereon. Such funding or refunding shall not be
deemed to be contracting debt by the state.
(g) Notwithstanding the limitation contained in subsection (b)
of this section, the state may pledge its full faith, credit, and
taxing power to guarantee the payment of any obligation payable
from revenues received from any of the following sources: (1) Fees
collected by the state as license fees for motor vehicles; (2)
Excise taxes collected by the state on the sale, distribution or
use of motor vehicle fuel; and (3) Interest on the permanent common
school fund: Provided, That the legislature shall, at all times,
provide sufficient revenues from such sources to pay the principal
and interest due on all obligations for which said source of
revenue is pledged.
(h) No money shall be paid from funds in custody of the
treasurer with respect to any debt contracted after the effective
date of this amendment by the Washington state building authority,
the capitol committee, or any similar entity existing or operating
for similar purposes pursuant to which such entity undertakes to
finance or provide a facility for use or occupancy by the state or
any agency, department, or instrumentality thereof.
(i) The legislature shall prescribe all matters relating to the
contracting, funding or refunding of debt pursuant to this section,
including: The purposes for which debt may be contracted; by a
favorable vote of three-fifths of the members elected to each
house, the amount of debt which may be contracted for any class of
such purposes; the kinds of notes, bonds, or other evidences of
debt which may be issued by the state; and the manner by which the
treasurer shall determine and advise the legislature, any
appropriate agency, officer, or instrumentality of the state as to
the available debt capacity within the limitation set forth in this
section. The legislature may delegate to any state officer,
agency, or instrumentality any of its powers relating to the
contracting, funding or refunding of debt pursuant to this section
except its power to determine the amount and purposes for which
debt may be contracted.
(j) The full faith, credit, and taxing power of the state of
Washington are pledged to the payment of the debt created on behalf
of the state pursuant to this section and the legislature shall
provide by appropriation for the payment of the interest upon and
installments of principal of all such debt as the same falls due,
but in any event, any court of record may compel such payment.
(k) Notwithstanding the limitations contained in subsection (b)
of this section, the state may issue certificates of indebtedness
in such sum or sums as may be necessary to meet temporary
deficiencies of the treasury, to preserve the best interests of the
state in the conduct of the various state institutions,
departments, bureaus, and agencies during each fiscal year; such
certificates may be issued only to provide for appropriations
already made by the legislature and such certificates must be
retired and the debt discharged other than by refunding within
twelve months after the date of incurrence.
(l) Bonds, notes, or other obligations issued and sold by the
state of Washington pursuant to and in conformity with this article
shall not be invalid for any irregularity or defect in the
proceedings of the issuance or sale thereof and shall be
incontestable in the hands of a bona fide purchaser or holder
thereof. [AMENDMENT 92, 1999 Senate Joint Resolution No. 8206, p
2387. Approved November 2, 1999.]
Amendment 60, part, (1972) - Art. 8 Section 1 STATE DEBT - (a) The state may
contract debt, the principal of which shall be paid and discharged within thirty
years from the time of contracting thereof, in the manner set forth herein.
(b) The aggregate debt contracted by the state shall not exceed that amount
for which payments of principal and interest in any fiscal year would require the
state to expend more than nine percent of the arithmetic mean of its general
state revenues for the three immediately preceding fiscal years as certified by
the treasurer. The term "fiscal year" means that period of time commencing July
1 of any year and ending on June 30 of the following year.
(c) The term "general state revenues" when used in this section, shall
include all state money received in the treasury from each and every source
whatsoever except: (1) Fees and revenues derived from the ownership or
operation of any undertaking, facility, or project; (2) Moneys received as
gifts, grants, donations, aid, or assistance or otherwise from the United States
or any department, bureau, or corporation thereof, or any person, firm, or
corporation, public or private, when the terms and conditions of such gift,
grant, donation, aid, or assistance require the application and disbursement of
such moneys otherwise than for the general purposes of the state of Washington;
(3) Moneys to be paid into and received from retirement system funds, and
performance bonds and deposits; (4) Moneys to be paid into and received from
trust funds including but not limited to moneys received from taxes levied for
specific purposes and the several permanent and irreducible funds of the state
and the moneys derived therefrom but excluding bond redemption funds; (5)
Proceeds received from the sale of bonds or other evidences of indebtedness.
(d) In computing the amount required for payment of principal and interest
on outstanding debt under this section, debt shall be construed to mean borrowed
money represented by bonds, notes, or other evidences of indebtedness which are
secured by the full faith and credit of the state or are required to be repaid,
directly or indirectly, from general state revenues and which are incurred by the
state, any department, authority, public corporation, or quasi public corporation
of the state, any state university or college, or any other public agency created
by the state but not by counties, cities, towns, school districts, or other
municipal corporations, but shall not include obligations for the payment of
current expenses of state government, nor shall it include debt hereafter
incurred pursuant to section 3 of this article, obligations guaranteed as
provided for in subsection (f) of this section, principal of bond anticipation
notes or obligations issued to fund or refund the indebtedness of the Washington
state building authority.
(e) The state may, without limitation, fund or refund, at or prior to
maturity, the whole or any part of any existing debt or of any debt hereafter
contracted pursuant to section 1, section 2, or section 3 of this article,
including any premium payable with respect thereto and interest thereon, or fund
or refund, at or prior to maturity, the whole or any part of any indebtedness
incurred or authorized prior to the effective date of this amendment by any
entity of the type described in subsection (g) of this section, including any
premium payable with respect thereto and any interest thereon. Such funding or
refunding shall not be deemed to be contracting debt by the state.
(f) Notwithstanding the limitation contained in subsection (b) of this
section, the state may pledge its full faith, credit, and taxing power to
guarantee the payment of any obligation payable from revenues received from any
of the following sources: (1) Fees collected by the state as license fees for
motor vehicles; (2) Excise taxes collected by the state on the sale,
distribution or use of motor vehicle fuel; and (3) Interest on the permanent
common school fund: Provided, That the legislature shall, at all times, provide
sufficient revenues from such sources to pay the principal and interest due on
all obligations for which said source of revenue is pledged.
(g) No money shall be paid from funds in custody of the treasurer with
respect to any debt contracted after the effective date of this amendment by the
Washington state building authority, the capitol committee, or any similar entity
existing or operating for similar purposes pursuant to which such entity
undertakes to finance or provide a facility for use or occupancy by the state or
any agency, department, or instrumentality thereof.
(h) The legislature shall prescribe all matters relating to the contracting,
funding or refunding of debt pursuant to this section, including: The purposes
for which debt may be contracted; by a favorable vote of three-fifths of the
members elected to each house, the amount of debt which may be contracted for any
class of such purposes; the kinds of notes, bonds, or other evidences of debt
which may be issued by the state; and the manner by which the treasurer shall
determine and advise the legislature, any appropriate agency, officer, or
instrumentality of the state as to the available debt capacity within the
limitation set forth in this section. The legislature may delegate to any state
officer, agency, or instrumentality any of its powers relating to the
contracting, funding or refunding of debt pursuant to this section except its
power to determine the amount and purposes for which debt may be contracted.
(i) The full faith, credit, and taxing power of the state of Washington are
pledged to the payment of the debt created on behalf of the state pursuant to
this section and the legislature shall provide by appropriation for the payment
of the interest upon and installments of principal of all such debt as the same
falls due, but in any event, any court of record may compel such payment.
(j) Notwithstanding the limitations contained in subsection (b) of this
section, the state may issue certificates of indebtedness in such sum or sums as
may be necessary to meet temporary deficiencies of the treasury, to preserve the
best interests of the state in the conduct of the various state institutions,
departments, bureaus, and agencies during each fiscal year; such certificates may
be issued only to provide for appropriations already made by the legislature and
such certificates must be retired and the debt discharged other than by refunding
within twelve months after the date of incurrence.
(k) Bonds, notes, or other obligations issued and sold by the state of
Washington pursuant to and in conformity with this article shall not be invalid
for any irregularity or defect in the proceedings of the issuance or sale thereof
and shall be incontestable in the hands of a bona fide purchaser or holder
thereof. [AMENDMENT 60, part, 1971 House Joint Resolution No. 52, part, p 1836.
Approved November, 1972.]
Original text - Art. 8 Section 1 LIMITATION OF STATE DEBT - The state may
to meet casual deficits or failure in revenues, or for expenses not provided for,
contract debts, but such debts, direct and contingent, singly or in the
aggregate, shall not at any time exceed four hundred thousand dollars ($400,000),
and the moneys arising from the loans creating such debts shall be applied to the
purpose for which they were obtained or to repay the debts so contracted, and to
no other purpose whatever.
SECTION 2 POWERS EXTENDED IN CERTAIN CASES. In addition to the
above limited power to contract debts the state may contract debts
to repel invasion, suppress insurrection, or to defend the state in
war, but the money arising from the contracting of such debts shall
be applied to the purpose for which it was raised and to no other
purpose whatever.
SECTION 3 SPECIAL INDEBTEDNESS, HOW AUTHORIZED. Except the debt
specified in sections one and two of this article, no debts shall
hereafter be contracted by, or on behalf of this state, unless such
debt shall be authorized by law for some single work or object to
be distinctly specified therein. No such law shall take effect
until it shall, at a general election, or a special election called
for that purpose, have been submitted to the people and have
received a majority of all the votes cast for and against it at
such election. [AMENDMENT 60, part, 1971 House Joint Resolution No.
52, part, p 1836. Approved November, 1972.]
Amendment 48 (1966) - Art. 8 Section 3 SPECIAL INDEBTEDNESS, HOW AUTHORIZED -
Except the debt specified in sections one and two of this article, no debts
shall hereafter be contracted by, or on behalf of this state, unless such debt
shall be authorized by law for some single work or object to be distinctly
specified therein, which law shall provide ways and means, exclusive of loans,
for the payment of the interest on such debt as it falls due, and also to pay and
discharge the principal of such debt within twenty years from the time of the
contracting thereof. No such law shall take effect until it shall, at a general
election, have been submitted to the people and have received a majority of all
the votes cast for and against it at such election, and all moneys raised by
authority of such law shall be applied only to the specific object therein
stated, or to the payment of the debt thereby created, and notice that such law
will be submitted to the people shall be published at least four times during the
four weeks next preceding the election in every legal newspaper in the state:
Provided, That failure of any newspaper to publish this notice shall not be
interpreted as affecting the outcome of the election. [AMENDMENT 48, 1965 ex.s.
House Joint Resolution No. 39, p 2822. Approved November 8, 1966.]
Original text - Art. 8 Section 3 SPECIAL INDEBTEDNESS HOW AUTHORIZED - Except
the debt specified in sections one and two of this article, no debts shall
hereafter be contracted by, or on behalf of this state, unless such debt shall
be authorized by law for some single work or object to be distinctly specified
therein, which law shall provide ways and means, exclusive of loans, for the
payment of the interest on such debt as it falls due, and also to pay and
discharge the principal of such debt within twenty years from the time of the
contracting thereof. No such law shall take effect until it shall, at a general
election, have been submitted to the people and have received a majority of all
the votes cast for and against it at such election, and all moneys raised by
authority of such law shall be applied only to the specific object therein
stated, or to the payment of the debt thereby created, and such law shall be
published in at least one newspaper in each county, if one be published therein,
throughout the state, for three months next preceding the election at which it
is submitted to the people.
SECTION 4 MONEYS DISBURSED ONLY BY APPROPRIATIONS. No moneys
shall ever be paid out of the treasury of this state, or any of its
funds, or any of the funds under its management, except in
pursuance of an appropriation by law; nor unless such payment be
made within one calendar month after the end of the next ensuing
fiscal biennium, and every such law making a new appropriation, or
continuing or reviving an appropriation, shall distinctly specify
the sum appropriated, and the object to which it is to be applied,
and it shall not be sufficient for such law to refer to any other
law to fix such sum. [AMENDMENT 11, 1921 p 80 Section 1. Approved
November, 1922.]
Original text - Art. 8 Section 4 MONEYS DISBURSED ONLY BY APPROPRIATIONS -
No moneys shall ever be paid out of the treasury of this state, or any of its
funds, or any of the funds under its management, except in pursuance of an
appropriation by law; nor unless such payment be made within two years from the
first day of May next after the passage of such appropriation act, and every such
law making a new appropriation, or continuing or reviving an appropriation, shall
distinctly specify the sum appropriated, and the object to which it is to be
applied, and it shall not be sufficient for such law to refer to any other law
to fix such sum.
SECTION 5 CREDIT NOT TO BE LOANED. The credit of the state shall
not, in any manner be given or loaned to, or in aid of, any
individual, association, company or corporation.
SECTION 6 LIMITATIONS UPON MUNICIPAL INDEBTEDNESS. No county,
city, town, school district, or other municipal corporation shall
for any purpose become indebted in any manner to an amount
exceeding one and one-half per centum of the taxable property in
such county, city, town, school district, or other municipal
corporation, without the assent of three-fifths of the voters
therein voting at an election to be held for that purpose, nor in
cases requiring such assent shall the total indebtedness at any
time exceed five per centum on the value of the taxable property
therein, to be ascertained by the last assessment for state and
county purposes previous to the incurring of such indebtedness,
except that in incorporated cities the assessment shall be taken
from the last assessment for city purposes: Provided, That no part
of the indebtedness allowed in this section shall be incurred for
any purpose other than strictly county, city, town, school
district, or other municipal purposes: Provided further, That (a)
any city or town, with such assent, may be allowed to become
indebted to a larger amount, but not exceeding five per centum
additional for supplying such city or town with water, artificial
light, and sewers, when the works for supplying such water, light,
and sewers shall be owned and controlled by the municipality and
(b) any school district with such assent, may be allowed to become
indebted to a larger amount but not exceeding five per centum
additional for capital outlays. [AMENDMENT 27, 1951 House Joint
Resolution No. 8, p 961. Approved November 4, 1952.]
Provisions of Art. 7 Section 2 (Limitation on Levies) also subject to
limitations contained in Art. 8 Section 6: Art. 7 Section 2 (b).
Original text - Art. 8 Section 6 LIMITATIONS UPON MUNICIPAL INDEBTEDNESS -
No county, city, town, school district or other municipal corporation, shall for
any purpose become indebted in any manner to an amount exceeding one and one-half
percentum of the taxable property in such county, city, town, school district or
other municipal corporation, without the assent of three-fifths of the voters
therein, voting at an election to be held for that purpose, nor in cases
requiring such assent shall the total indebtedness at any time exceed five per
centum on the value of the taxable property therein, to be ascertained by the
last assessment for state, and county purposes previous to the incurring of such
indebtedness; except that in incorporated cities the assessment shall be taken
from the last assessment for city purposes; Provided, That no part of the
indebtedness allowed in this section, shall be incurred for any purpose other
than strictly county, city, town, school district, or other municipal purposes.
Provided further; that any city or town, with such assent may be allowed to
become indebted to a larger amount but not exceeding five per centum additional
for supplying such city or town with water, artificial light, and sewers, when
the works for supplying such water, light, and sewers shall be owned and
controlled by the municipality.
SECTION 7 CREDIT NOT TO BE LOANED. No county, city, town or
other municipal corporation shall hereafter give any money, or
property, or loan its money, or credit to or in aid of any
individual, association, company or corporation, except for the
necessary support of the poor and infirm, or become directly or
indirectly the owner of any stock in or bonds of any association,
company or corporation.
SECTION 8 PORT EXPENDITURES - INDUSTRIAL DEVELOPMENT -
PROMOTION. The use of public funds by port districts in such
manner as may be prescribed by the legislature for industrial
development or trade promotion and promotional hosting shall be
deemed a public use for a public purpose, and shall not be deemed
a gift within the provisions of section 7 of this Article.
[AMENDMENT 45, 1965 ex.s. Senate Joint Resolution No. 25, p 2819.
Approved November 8, 1966.]
SECTION 9 STATE BUILDING AUTHORITY. The legislature is empowered
notwithstanding any other provision in this Constitution, to
provide for a state building authority in corporate and politic
form which may contract with agencies or departments of the state
government to construct upon land owned by the state or its
agencies, or to be acquired by the state building authority,
buildings and appurtenant improvements which such state agencies or
departments are hereby empowered to lease at reasonable rental
rates from the Washington state building authority for terms up to
seventy-five years with provisions for eventual vesting of title in
the state or its agencies. This section shall not be construed as
authority to provide buildings through lease or otherwise to
nongovernmental entities. The legislature may authorize the state
building authority to borrow funds solely upon its own credit and
to issue bonds or other evidences of indebtedness therefor to be
repaid from its revenues and to secure the same by pledging its
income or mortgaging its leaseholds. The provisions of sections 1
and 3 of this article shall not apply to indebtedness incurred
pursuant to this section. [AMENDMENT 51, 1967 Senate Joint
Resolution No. 17; see 1969 p 2976. Approved November 5, 1968.]
Reviser's note: This section which was adopted as Sec. 8, is herein
renumbered Sec. 9, to avoid confusion with Sec. 8, supra.
SECTION 10 ENERGY, WATER, OR STORMWATER OR SEWER SERVICES
CONSERVATION ASSISTANCE. Notwithstanding the provisions of section
7 of this Article, any county, city, town, quasi municipal
corporation, municipal corporation, or political subdivision of the
state which is engaged in the sale or distribution of water,
energy, or stormwater or sewer services may, as authorized by the
legislature, use public moneys or credit derived from operating
revenues from the sale of water, energy, or stormwater or sewer
services to assist the owners of structures or equipment in
financing the acquisition and installation of materials and
equipment for the conservation or more efficient use of water,
energy, or stormwater or sewer services in such structures or
equipment. Except as provided in section 7 of this Article, an
appropriate charge back shall be made for such extension of public
moneys or credit and the same shall be a lien against the structure
benefited or a security interest in the equipment benefited. Any
financing for energy conservation authorized by this article shall
only be used for conservation purposes in existing structures and
shall not be used for any purpose which results in a conversion
from one energy source to another. [AMENDMENT 91, 1997 House Joint
Resolution No. 4209, p 3065. Approved November 4, 1997.]
Amendment 86 (1989) - Art. 8 Section 10 ENERGY AND WATER CONSERVATION
ASSISTANCE - Notwithstanding the provisions of section 7 of this Article, any
county, city, town, quasi municipal corporation, municipal corporation, or
political subdivision of the state which is engaged in the sale or distribution
of water or energy may, as authorized by the legislature, use public moneys or
credit derived from operating revenues from the sale of water or energy to assist
the owners of structures or equipment in financing the acquisition and
installation of materials and equipment for the conservation or more efficient
use of water or energy in such structures or equipment. Except as provided in
section 7 of this Article, an appropriate charge back shall be made for such
extension of public moneys or credit and the same shall be a lien against the
structure benefited or a security interest in the equipment benefited. Any
financing for energy conservation authorized by this article shall only be used
for conservation purposes in existing structures and shall not be used for any
purpose which results in a conversion from one energy source to another.
[AMENDMENT 86, 1989 Senate Joint Resolution No. 8210, p 3003. Approved November
7, 1989.]
Amendment 82 (1988) - Art. 8 Section 10 RESIDENTIAL ENERGY CONSERVATION -
Notwithstanding the provisions of section 7 of this Article, any county, city,
town, quasi municipal corporation, municipal corporation, or political
subdivision of the state which is engaged in the sale or distribution of energy
may, as authorized by the legislature, use public moneys or credit derived from
operating revenues from the sale of energy to assist the owners of structures or
equipment in financing the acquisition and installation of materials and
equipment for the conservation or more efficient use of energy in such structures
or equipment. Except as provided in section 7 of this Article, an appropriate
charge back shall be made for such extension of public moneys or credit and the
same shall be a lien against the structure benefited or a security interest in
the equipment benefited. Any financing authorized by this article shall only be
used for conservation purposes in existing structures and shall not be used for
any purpose which results in a conversion from one energy source to another.
[AMENDMENT 82, 1988 House Joint Resolution No. 4223, p 1552. Approved November
8, 1988.]
Amendment 70 (1979) - Art. 8 Section 10 RESIDENTIAL ENERGY CONSERVATION -
Notwithstanding the provisions of section 7 of this Article, until January 1,
1990 any county, city, town, quasi municipal corporation, municipal corporation,
or political subdivision of the state which is engaged in the sale or
distribution of energy may, as authorized by the legislature, use public moneys
or credit derived from operating revenues from the sale of energy to assist the
owners of residential structures in financing the acquisition and installation
of materials and equipment for the conservation or more efficient use of energy
in such structures. Except as provided in section 7 of this Article, an
appropriate charge back shall be made for such extension of public moneys or
credit and the same shall be a lien against the residential structure benefited.
Except as to contracts entered into prior thereto, this amendment to the state
Constitution shall be null and void as of January 1, 1990 and shall have no
further force or effect after that date. [AMENDMENT 70, Substitute Senate Joint
Resolution No. 120, p 2288. Approved November 6, 1979.]
SECTION 11 AGRICULTURAL COMMODITY ASSESSMENTS - DEVELOPMENT,
PROMOTION, AND HOSTING. The use of agricultural commodity
assessments by agricultural commodity commissions in such manner as
may be prescribed by the legislature for agricultural development
or trade promotion and promotional hosting shall be deemed a public
use for a public purpose, and shall not be deemed a gift within the
provisions of section 5 of this article. [AMENDMENT 76, 1985 House
Joint Resolution No. 42, p 2402. Approved November 5, 1985.]
ARTICLE IX
EDUCATION
SECTION 1 PREAMBLE. It is the paramount duty of the state to
make ample provision for the education of all children residing
within its borders, without distinction or preference on account of
race, color, caste, or sex.
SECTION 2 PUBLIC SCHOOL SYSTEM. The legislature shall provide
for a general and uniform system of public schools. The public
school system shall include common schools, and such high schools,
normal schools, and technical schools as may hereafter be
established. But the entire revenue derived from the common school
fund and the state tax for common schools shall be exclusively
applied to the support of the common schools.
SECTION 3 FUNDS FOR SUPPORT. The principal of the common school
fund as the same existed on June 30, 1965, shall remain permanent
and irreducible. The said fund shall consist of the principal
amount thereof existing on June 30, 1965, and such additions
thereto as may be derived after June 30, 1965, from the following
named sources, to wit: Appropriations and donations by the state
to this fund; donations and bequests by individuals to the state or
public for common schools; the proceeds of lands and other property
which revert to the state by escheat and forfeiture; the proceeds
of all property granted to the state when the purpose of the grant
is not specified, or is uncertain; funds accumulated in the
treasury of the state for the disbursement of which provision has
not been made by law; the proceeds of the sale of stone, minerals,
or property other than timber and other crops from school and state
lands, other than those granted for specific purposes; all moneys
received from persons appropriating stone, minerals or property
other than timber and other crops from school and state lands other
than those granted for specific purposes, and all moneys other than
rental recovered from persons trespassing on said lands; five per
centum of the proceeds of the sale of public lands lying within the
state, which shall be sold by the United States subsequent to the
admission of the state into the Union as approved by section 13 of
the act of congress enabling the admission of the state into the
Union; the principal of all funds arising from the sale of lands
and other property which have been, and hereafter may be granted to
the state for the support of common schools. The legislature may
make further provisions for enlarging said fund.
There is hereby established the common school construction fund
to be used exclusively for the purpose of financing the
construction of facilities for the common schools. The sources of
said fund shall be: (1) Those proceeds derived from the sale or
appropriation of timber and other crops from school and state lands
subsequent to June 30, 1965, other than those granted for specific
purposes; (2) the interest accruing on said permanent common school
fund from and after July 1, 1967, together with all rentals and
other revenues derived therefrom and from lands and other property
devoted to the permanent common school fund from and after July 1,
1967; and (3) such other sources as the legislature may direct.
That portion of the common school construction fund derived from
interest on the permanent common school fund may be used to retire
such bonds as may be authorized by law for the purpose of financing
the construction of facilities for the common schools.
The interest accruing on the permanent common school fund
together with all rentals and other revenues accruing thereto
pursuant to subsection (2) of this section during the period after
the effective date of this amendment and prior to July 1, 1967,
shall be exclusively applied to the current use of the common
schools.
To the extent that the moneys in the common school construction
fund are in excess of the amount necessary to allow fulfillment of
the purpose of said fund, the excess shall be available for deposit
to the credit of the permanent common school fund or available for
the current use of the common schools, as the legislature may
direct. [AMENDMENT 43, 1965 ex.s. Senate Joint Resolution No. 22,
part 1, p 2817. Approved November 8, 1966.]
Original text - Art. 9 Section 3 FUNDS FOR SUPPORT - The principal of the
common school fund shall remain permanent and irreducible. The said fund shall
be derived from the following named sources, to wit: Appropriations and
donations by the state to this fund; donations and bequests by individuals to the
state or public for common schools; the proceeds of lands and other property
which revert to the state by escheat and forfeiture; the proceeds of all property
granted to the state when the purpose of the grant is not specified, or is
uncertain; funds accumulated in the treasury of the state for the disbursement
of which provision has not been made by law; the proceeds of the sale of timber,
stone, minerals, or other property from school and state lands, other than those
granted for specific purposes; all moneys received from persons appropriating
timber, stone, minerals or other property from school and state lands other than
those granted for specific purposes, and all moneys other than rental recovered
from persons trespassing on said lands; five per centum of the proceeds of the
sale of public lands lying within the state, which shall be sold by the United
States subsequent to the admission of the state into the Union as approved by
section 13 of the act of congress enabling the admission of the state into the
Union; the principal of all funds arising from the sale of lands and other
property which have been, and hereafter may be granted to the state for the
support of common schools. The legislature may make further provisions for
enlarging said fund. The interest accruing on said fund together with all
rentals and other revenues derived therefrom and from lands and other property
devoted to the common school fund shall be exclusively applied to the current use
of the common schools.
SECTION 4 SECTARIAN CONTROL OR INFLUENCE PROHIBITED. All schools
maintained or supported wholly or in part by the public funds shall
be forever free from sectarian control or influence.
SECTION 5 LOSS OF PERMANENT FUND TO BECOME STATE DEBT. All
losses to the permanent common school or any other state
educational fund, which shall be occasioned by defalcation,
mismanagement or fraud of the agents or officers controlling or
managing the same, shall be audited by the proper authorities of
the state. The amount so audited shall be a permanent funded debt
against the state in favor of the particular fund sustaining such
loss, upon which not less than six per cent annual interest shall
be paid. The amount of liability so created shall not be counted
as a part of the indebtedness authorized and limited elsewhere in
this Constitution.
Investment of permanent school fund: Art. 16 Section 5.
ARTICLE X
MILITIA
SECTION 1 WHO LIABLE TO MILITARY DUTY. All able-bodied male
citizens of this state between the ages of eighteen (18) and
forty-five (45) years except such as are exempt by laws of the
United States or by the laws of this state, shall be liable to
military duty.
SECTION 2 ORGANIZATION - DISCIPLINE - OFFICERS - POWER TO CALL
OUT. The legislature shall provide by law for organizing and
disciplining the militia in such manner as it may deem expedient,
not incompatible with the Constitution and laws of the United
States. Officers of the militia shall be elected or appointed in
such manner as the legislature shall from time to time direct and
shall be commissioned by the governor. The governor shall have
power to call forth the militia to execute the laws of the state to
suppress insurrections and repel invasions.
SECTION 3 SOLDIERS' HOME. The legislature shall provide by law
for the maintenance of a soldiers' home for honorably discharged
Union soldiers, sailors, marines and members of the state militia
disabled while in the line of duty and who are bona fide citizens
of the state.
SECTION 4 PUBLIC ARMS. The legislature shall provide by law, for
the protection and safe keeping of the public arms.
SECTION 5 PRIVILEGE FROM ARREST. The militia shall, in all
cases, except treason, felony and breach of the peace, be
privileged from arrest during their attendance at musters and
elections of officers, and in going to and returning from the same.
SECTION 6 EXEMPTION FROM MILITARY DUTY. No person or persons,
having conscientious scruples against bearing arms, shall be
compelled to do militia duty in time of peace: Provided, such
person or persons shall pay an equivalent for such exemption.
ARTICLE XI
COUNTY, CITY, AND TOWNSHIP ORGANIZATION
SECTION 1 EXISTING COUNTIES RECOGNIZED. The several counties of
the Territory of Washington existing at the time of the adoption of
this Constitution are hereby recognized as legal subdivisions of
this state.
SECTION 2 COUNTY SEATS - LOCATION AND REMOVAL. No county seat
shall be removed unless three-fifths of the qualified electors of
the county, voting on the proposition at a general election shall
vote in favor of such removal, and three-fifths of all votes cast
on the proposition shall be required to relocate a county seat. A
proposition of removal shall not be submitted in the same county
more than once in four years.
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 3 NEW COUNTIES. No new counties shall be established
which shall reduce any county to a population less than four
thousand (4,000), nor shall a new county be formed containing a
less population than two thousand (2,000). There shall be no
territory stricken from any county unless a majority of the voters
living in such territory shall petition therefor and then only
under such other conditions as may be prescribed by a general law
applicable to the whole state. Every county which shall be
enlarged or created from territory taken from any other county or
counties shall be liable for a just proportion of the existing
debts and liabilities of the county or counties from which such
territory shall be taken: Provided, That in such accounting
neither county shall be charged with any debt or liability then
existing incurred in the purchase of any county property, or in the
purchase or construction of any county buildings then in use, or
under construction, which shall fall within and be retained by the
county: Provided further, That this shall not be construed to
affect the rights of creditors.
SECTION 4 COUNTY GOVERNMENT AND TOWNSHIP ORGANIZATION. The
legislature shall establish a system of county government, which
shall be uniform throughout the state except as hereinafter
provided, and by general laws shall provide for township
organization, under which any county may organize whenever a
majority of the qualified electors of such county voting at a
general election shall so determine; and whenever a county shall
adopt township organization, the assessment and collection of the
revenue shall be made, and the business of such county and the
local affairs of the several townships therein, shall be managed
and transacted in the manner prescribed by such general law.
Any county may frame a "Home Rule" charter for its own
government subject to the Constitution and laws of this state, and
for such purpose the legislative authority of such county may cause
an election to be had, at which election there shall be chosen by
the qualified voters of said county not less than fifteen (15) nor
more than twenty-five (25) freeholders thereof, as determined by
the legislative authority, who shall have been residents of said
county for a period of at least five (5) years preceding their
election and who are themselves qualified electors, whose duty it
shall be to convene within thirty (30) days after their election
and prepare and propose a charter for such county. Such proposed
charter shall be submitted to the qualified electors of said
county, and if a majority of such qualified electors voting thereon
ratify the same, it shall become the charter of said county and
shall become the organic law thereof, and supersede any existing
charter, including amendments thereto, or any existing form of
county government, and all special laws inconsistent with such
charter. Said proposed charter shall be published in two (2) legal
newspapers published in said county, at least once a week for four
(4) consecutive weeks prior to the day of submitting the same to
the electors for their approval as above provided. All elections
in this section authorized shall only be had upon notice, which
notice shall specify the object of calling such election and shall
be given for at least ten (10) days before the day of election in
all election districts of said county. Said elections may be
general or special elections and except as herein provided, shall
be governed by the law regulating and controlling general or
special elections in said county. Such charter may be amended by
proposals therefor submitted by the legislative authority of said
county to the electors thereof at any general election after notice
of such submission published as above specified, and ratified by a
majority of the qualified electors voting thereon. In submitting
any such charter or amendment thereto, any alternate article or
proposition may be presented for the choice of the voters and may
be voted on separately without prejudice to others.
Any home rule charter proposed as herein provided, may provide
for such county officers as may be deemed necessary to carry out
and perform all county functions as provided by charter or by
general law, and for their compensation, but shall not affect the
election of the prosecuting attorney, the county superintendent of
schools, the judges of the superior court, and the justices of the
peace, or the jurisdiction of the courts.
Notwithstanding the foregoing provision for the calling of an
election by the legislative authority of such county for the
election of freeholders to frame a county charter, registered
voters equal in number to ten (10) per centum of the voters of any
such county voting at the last preceding general election, may at
any time propose by petition the calling of an election of
freeholders. The petition shall be filed with the county auditor
of the county at least three (3) months before any general election
and the proposal that a board of freeholders be elected for the
purpose of framing a county charter shall be submitted to the vote
of the people at said general election, and at the same election a
board of freeholders of not less than fifteen (15) or more than
twenty-five (25), as fixed in the petition calling for the
election, shall be chosen to draft the new charter. The procedure
for the nomination of qualified electors as candidates for said
board of freeholders shall be prescribed by the legislative
authority of the county, and the procedure for the framing of the
charter and the submission of the charter as framed shall be the
same as in the case of a board of freeholders chosen at an election
initiated by the legislative authority of the county.
In calling for any election of freeholders as provided in this
section, the legislative authority of the county shall apportion
the number of freeholders to be elected in accordance with either
the legislative districts or the county commissioner districts, if
any, within said county, the number of said freeholders to be
elected from each of said districts to be in proportion to the
population of said districts as nearly as may be.
Should the charter proposed receive the affirmative vote of the
majority of the electors voting thereon, the legislative authority
of the county shall immediately call such special election as may
be provided for therein, if any, and the county government shall be
established in accordance with the terms of said charter not more
than six (6) months after the election at which the charter was
adopted.
The terms of all elective officers, except the prosecuting
attorney, the county superintendent of schools, the judges of the
superior court, and the justices of the peace, who are in office at
the time of the adoption of a Home Rule Charter shall terminate as
provided in the charter. All appointive officers in office at the
time the charter goes into effect, whose positions are not
abolished thereby, shall continue until their successors shall have
qualified.
After the adoption of such charter, such county shall continue
to have all the rights, powers, privileges and benefits then
possessed or thereafter conferred by general law. All the powers,
authority and duties granted to and imposed on county officers by
general law, except the prosecuting attorney, the county
superintendent of schools, the judges of the superior court and the
justices of the peace, shall be vested in the legislative authority
of the county unless expressly vested in specific officers by the
charter. The legislative authority may by resolution delegate any
of its executive or administrative powers, authority or duties not
expressly vested in specific officers by the charter, to any county
officer or officers or county employee or employees.
The provisions of sections 5, 6, 7, and the first sentence of
section 8 of this Article as amended shall not apply to counties in
which the government has been established by charter adopted under
the provisions hereof. The authority conferred on the board of
county commissioners by Section 15 of Article II as amended, shall
be exercised by the legislative authority of the county.[AMENDMENT
21, 1947 Senate Joint Resolution No. 5, p 1372. Approved November
2, 1948.]
Original text - Art. 11 Section 4 COUNTY GOVERNMENT AND TOWNSHIP ORGANIZATION
- The legislature shall establish a system of county government which shall be
uniform throughout the state, and by general laws shall provide for township
organization, under which any county may organize whenever a majority of the
qualified electors of such county voting at a general election shall so
determine, and whenever a county shall adopt township organization the assessment
and collection of the revenue shall be made and the business of such county, and
the local affairs of the several townships therein shall be managed and
transacted in the manner prescribed by such general laws.
SECTION 5 COUNTY GOVERNMENT. The legislature, by general and
uniform laws, shall provide for the election in the several
counties of boards of county commissioners, sheriffs, county
clerks, treasurers, prosecuting attorneys and other county,
township or precinct and district officers, as public convenience
may require, and shall prescribe their duties, and fix their terms
of office: Provided, That the legislature may, by general laws,
classify the counties by population and provide for the election in
certain classes of counties certain officers who shall exercise the
powers and perform the duties of two or more officers. It shall
regulate the compensation of all such officers, in proportion to
their duties, and for that purpose may classify the counties by
population: Provided, That it may delegate to the legislative
authority of the counties the right to prescribe the salaries of
its own members and the salaries of other county officers. And it
shall provide for the strict accountability of such officers for
all fees which may be collected by them and for all public moneys
which may be paid to them, or officially come into their
possession. [AMENDMENT 57, part, 1971 Senate Joint Resolution No.
38, part, p 1829. Approved November, 1972.]
Amendment 12 (1924) - Art. 11 Section 5 COUNTY GOVERNMENT - The legislature,
by general and uniform laws, shall provide for the election in the several
counties of boards of county commissioners, sheriffs, county clerks, treasurers,
prosecuting attorneys and other county, township or precinct and district
officers, as public convenience may require, and shall prescribe their duties,
and fix their terms of office: Provided, That the legislature may, by general
laws, classify the counties by population and provide for the election in certain
classes of counties certain officers who shall exercise the powers and perform
the duties of two or more officers. It shall regulate the compensation of all
such officers, in proportion to their duties, and for that purpose may classify
the counties by population. And it shall provide for the strict accountability
of such officers for all fees which may be collected by them and for all public
moneys which may be paid to them, or officially come into their possession.
[AMENDMENT 12, 1923 p 255 Section 1. Approved November, 1924.]
Original text - Art. 11 Section 5 ELECTION AND COMPENSATION OF COUNTY
OFFICERS - The legislature by general and uniform laws shall provide for the
election in the several counties of boards of county commissioners, sheriffs,
county clerks, treasurers, prosecuting attorneys, and other county, township or
precinct and district officers as public convenience may require, and shall
prescribe their duties, and fix their terms of office. It shall regulate the
compensation of all such officers, in proportion to their duties, and for that
purpose may classify the counties by population. And it shall provide for the
strict accountability of such officers for all fees which may be collected by
them, and for all public moneys which may be paid to them, or officially come
into their possession.
SECTION 6 VACANCIES IN TOWNSHIP, PRECINCT OR ROAD DISTRICT
OFFICE. The board of county commissioners in each county shall fill
all vacancies occurring in any township, precinct or road district
office of such county by appointment, and officers thus appointed
shall hold office till the next general election, and until their
successors are elected and qualified. [AMENDMENT 52, part, 1967
Senate Joint Resolution No. 24, part. Approved November 5, 1968.]
Governmental continuity during emergency periods: Art. 2 Section 42.
Vacancies in legislature and in partisan county elective office: Art. 2 Section
15.
Original text - Art. 11 Section 6 VACANCIES IN COUNTY, ETC., OFFICES, HOW
FILLED - The board of county commissioners in each county shall fill all
vacancies occurring in any county, township, precinct or road district office of
such county by appointment, and officers thus appointed shall hold office till
the next general election, and until their successors are elected and qualified.
SECTION 7 TENURE OF OFFICE LIMITED TO TWO TERMS. [Repealed by
AMENDMENT 22, 1947 House Joint Resolution No. 4, p 1385. Approved
November 2, 1948.]
Original text - Art. 11 Section 7 TENURE OF OFFICE LIMITED TO TWO TERMS - No
county officer shall be eligible to hold his office more than two terms in
succession.
SECTION 8 SALARIES AND LIMITATIONS AFFECTING. The salary of any
county, city, town, or municipal officers shall not be increased
except as provided in section 1 of Article XXX or diminished after
his election, or during his term of office; nor shall the term of
any such officer be extended beyond the period for which he is
elected or appointed. [AMENDMENT 57, art, 1971 Senate Joint
Resolution No. 38, part, p 1829. Approved November, 1972.]
Original text - Art. 11 Section 8 SALARIES AND LIMITATIONS AFFECTING - The
legislature shall fix the compensation by salaries of all county officers, and
of constables in cities having a population of five thousand and upwards; except
that public administrators, surveyors and coroners may or may not be salaried
officers. The salary of any county, city, town, or municipal officers shall not
be increased or diminished after his election, or during his term of office; nor
shall the term of any such officer be extended beyond the period for which he is
elected or appointed.
SECTION 9 STATE TAXES NOT TO BE RELEASED OR COMMUTED. No county,
nor the inhabitants thereof, nor the property therein, shall be
released or discharged from its or their proportionate share of
taxes to be levied for state purposes, nor shall commutation for
such taxes be authorized in any form whatever.
SECTION 10 INCORPORATION OF MUNICIPALITIES. Corporations for
municipal purposes shall not be created by special laws; but the
legislature, by general laws, shall provide for the incorporation,
organization and classification in proportion to population, of
cities and towns, which laws may be altered, amended or repealed.
Cities and towns heretofore organized, or incorporated may become
organized under such general laws whenever a majority of the
electors voting at a general election, shall so determine, and
shall organize in conformity therewith; and cities or towns
heretofore or hereafter organized, and all charters thereof framed
or adopted by authority of this Constitution shall be subject to
and controlled by general laws. Any city containing a population
of ten thousand inhabitants, or more, shall be permitted to frame
a charter for its own government, consistent with and subject to
the Constitution and laws of this state, and for such purpose the
legislative authority of such city may cause an election to be had
at which election there shall be chosen by the qualified electors
of said city, fifteen freeholders thereof, who shall have been
residents of said city for a period of at least two years preceding
their election and qualified electors, whose duty it shall be to
convene within ten days after their election, and prepare and
propose a charter for such city. Such proposed charter shall be
submitted to the qualified electors of said city, and if a majority
of such qualified electors voting thereon ratify the same, it shall
become the charter of said city, and shall become the organic law
thereof, and supersede any existing charter including amendments
thereto, and all special laws inconsistent with such charter. Said
proposed charter shall be published in the daily newspaper of
largest general circulation published in the area to be
incorporated as a first class city under the charter or, if no
daily newspaper is published therein, then in the newspaper having
the largest general circulation within such area at least once each
week for four weeks next preceding the day of submitting the same
to the electors for their approval, as above provided. All
elections in this section authorized shall only be had upon notice,
which notice shall specify the object of calling such election, and
shall be given as required by law. Said elections may be general
or special elections, and except as herein provided shall be
governed by the law regulating and controlling general or special
elections in said city. Such charter may be amended by proposals
therefor submitted by the legislative authority of such city to the
electors thereof at any general election after notice of said
submission published as above specified, and ratified by a majority
of the qualified electors voting thereon. In submitting any such
charter, or amendment thereto, any alternate article or proposition
may be presented for the choice of the voters, and may be voted on
separately without prejudice to others. [AMENDMENT 40, 1963 ex.s.
Senate Joint Resolution No. 1, p 1526. Approved November 3, 1964.]
Original text - Art. 11 Section 10 INCORPORATION OF MUNICIPALITIES -
Corporations for municipal purposes shall not be created by special laws; but the
legislature, by general laws, shall provide for the incorporation, organization
and classification in proportion to population, of cities and towns, which laws
may be altered, amended or repealed. Cities and towns heretofore organized, or
incorporated may become organized under such general laws whenever a majority of
the electors voting at a general election, shall so determine, and shall organize
in conformity therewith; and cities or towns heretofore or hereafter organized,
and all charters thereof framed or adopted by authority of this Constitution
shall be subject to, and controlled by general laws. Any city containing a
population of twenty thousand inhabitants, or more, shall be permitted to frame
a charter for its own government, consistent with and subject to the Constitution
and laws of this state, and for such purpose the legislative authority of such
city may cause an election to be had at which election there shall be chosen by
the qualified electors of said city, fifteen freeholders thereof, who shall have
been residents of said city for a period of at least two years preceding their
election and qualified electors, whose duty it shall be to convene within ten
days after their election, and prepare and propose a charter for such city. Such
proposed charter shall be submitted to the qualified electors of said city, and
if a majority of such qualified electors voting thereon ratify the same, it shall
become the charter of said city, and shall become the organic law thereof, and
supersede any existing charter including amendments thereto, and all special laws
inconsistent with such charter. Said proposed charter shall be published in two
daily newspapers published in said city, for at least thirty days prior to the
day of submitting the same to the electors for their approval, as above provided.
All elections in this section authorized shall only be had upon notice, which
notice shall specify the object of calling such election, and shall be given for
at least ten days before the day of election, in all election districts of said
city. Said elections may be general or special elections, and except as herein
provided shall be governed by the law regulating and controlling general or
special elections in said city. Such charter may be amended by proposals
therefore submitted by the legislative authority of such city to the electors
thereof at any general election after notice of said submission published as
above specified, and ratified by a majority of the qualified electors voting
thereon. In submitting any such charter, or amendment thereto, any alternate
article or proposition may be presented for the choice of the voters, and may be
voted on separately without prejudice to others.
Authority to incur and limit of indebtedness: Art. 8 Section 6.
SECTION 11 POLICE AND SANITARY REGULATIONS. Any county, city,
town or township may make and enforce within its limits all such
local police, sanitary and other regulations as are not in conflict
with general laws.
SECTION 12 ASSESSMENT AND COLLECTION OF TAXES IN MUNICIPALITIES.
The legislature shall have no power to impose taxes upon counties,
cities, towns or other municipal corporations, or upon the
inhabitants or property thereof, for county, city, town, or other
municipal purposes, but may, by general laws, vest in the corporate
authorities thereof, the power to assess and collect taxes for such
purposes.
SECTION 13 PRIVATE PROPERTY, WHEN MAY BE TAKEN FOR PUBLIC DEBT.
Private property shall not be taken or sold for the payment of the
corporate debt of any public or municipal corporation, except in
the mode provided by law for the levy and collection of taxes.
SECTION 14 PRIVATE USE OF PUBLIC FUNDS PROHIBITED. The making of
profit out of county, city, town, or other public money, or using
the same for any purpose not authorized by law, by any officer
having the possession or control thereof, shall be a felony, and
shall be prosecuted and punished as prescribed by law.
SECTION 15 DEPOSIT OF PUBLIC FUNDS. All moneys, assessments and
taxes belonging to or collected for the use of any county, city,
town or other public or municipal corporation, coming into the
hands of any officer thereof, shall immediately be deposited with
the treasurer, or other legal depositary to the credit of such
city, town, or other corporation respectively, for the benefit of
the funds to which they belong.
SECTION 16 COMBINED CITY-COUNTY. Any county may frame a "Home
Rule" charter subject to the Constitution and laws of this state to
provide for the formation and government of combined city and
county municipal corporations, each of which shall be known as
"city-county". Registered voters equal in number to ten (10)
percent of the voters of any such county voting at the last
preceding general election may at any time propose by a petition
the calling of an election of freeholders. The provisions of
section 4 of this Article with respect to a petition calling for an
election of freeholders to frame a county home rule charter, the
election of freeholders, and the framing and adoption of a county
home rule charter pursuant to such petition shall apply to a
petition proposed under this section for the election of
freeholders to frame a city-county charter, the election of
freeholders, and to the framing and adoption of such city-county
charter pursuant to such petition. Except as otherwise provided in
this section, the provisions of section 4 applicable to a county
home rule charter shall apply to a city-county charter. If there
are not sufficient legal newspapers published in the county to meet
the requirements for publication of a proposed charter under
section 4 of this Article, publication in a legal newspaper
circulated in the county may be substituted for publication in a
legal newspaper published in the county. No such "city-county"
shall be formed except by a majority vote of the qualified electors
voting thereon in the county. The charter shall designate the
respective officers of such city-county who shall perform the
duties imposed by law upon county officers. Every such city-county
shall have and enjoy all rights, powers and privileges asserted in
its charter, and in addition thereto, such rights, powers and
privileges as may be granted to it, or to any city or county or
class or classes of cities and counties. In the event of a
conflict in the constitutional provisions applying to cities and
those applying to counties or of a conflict in the general laws
applying to cities and those applying to counties, a city-county
shall be authorized to exercise any powers that are granted to
either the cities or the counties.
No legislative enactment which is a prohibition or restriction
shall apply to the rights, powers and privileges of a city-county
unless such prohibition or restriction shall apply equally to every
other city, county, and city-county.
The provisions of sections 2, 3, 5, 6, and 8 and of the first
paragraph of section 4 of this article shall not apply to any such
city-county.
Municipal corporations may be retained or otherwise provided for
within the city-county. The formation, powers and duties of such
municipal corporations shall be prescribed by the charter.
No city-county shall for any purpose become indebted in any
manner to an amount exceeding three per centum of the taxable
property in such city-county without the assent of three-fifths of
the voters therein voting at an election to be held for that
purpose, nor in cases requiring such assent shall the total
indebtedness at any time exceed ten per centum of the value of the
taxable property therein, to be ascertained by the last assessment
for city-county purposes previous to the incurring of such
indebtedness: Provided, That no part of the indebtedness allowed
in this section shall be incurred for any purpose other than
strictly city-county or other municipal purposes: Provided
further, That any city-county, with such assent may be allowed to
become indebted to a larger amount, but not exceeding five per
centum additional for supplying such city-county with water,
artificial light, and sewers, when the works for supplying such
water, light, and sewers shall be owned and controlled by the
city-county.
No municipal corporation which is retained or otherwise provided
for within the city-county shall for any purpose become indebted in
any manner to an amount exceeding one and one-half per centum of
the taxable property in such municipal corporation without the
assent of three-fifths of the voters therein voting at an election
to be held for that purpose, nor shall the total indebtedness at
any time exceed five per centum of the value of the taxable
property therein, to be ascertained by the last assessment for
city-county purposes previous to the incurring of such
indebtedness: Provided, That no part of the indebtedness allowed
in this section shall be incurred for any purpose other than
strictly municipal purposes: Provided further, That any such
municipal corporation, with such assent, may be allowed to become
indebted to a larger amount, but not exceeding five per centum
additional for supplying such municipal corporation with water,
artificial light, and sewers, when the works for supplying such
water, light, and sewers shall be owned and controlled by the
municipal corporation. All taxes which are levied and collected
within a municipal corporation for a specific purpose shall be
expended within that municipal corporation.
The authority conferred on the city-county government shall not
be restricted by the second sentence of Article 7, section 1, or by
Article 8, section 6 of this Constitution. [AMENDMENT 58, 1971
House Joint Resolution No. 21, p 1831. Approved November, 1972.]
Amendment 23 (1948) - Art. 11 Section 16 COMBINED CITY ANDCOUNTY - The
legislature shall, by general law, provide for the formation of combined city and
county municipal corporations, and for the manner of determining the territorial
limits thereof, each of which shall be known as a "city and county," and, when
organized, shall contain a population of at least three hundred thousand
(300,000) inhabitants. No such city and county shall be formed except by a
majority vote of the qualified electors of the area proposed to be included
therein and also by a majority vote of the qualified electors of the remainder
of that county from which such area is to be taken. Any such city and county
shall be permitted to frame a charter for its own government, and amend the same,
in the manner provided for cities by section 10 of this article: Provided,
however, That the first charter of such city and county shall be framed and
adopted in a manner to be specified in the general law authorizing the formation
of such corporations: Provided further, That every such charter shall designate
the respective officers of such city and county who shall perform the duties
imposed by law upon county officers. Every such city and county shall have and
enjoy all rights, powers and privileges asserted in its charter, not inconsistent
with general laws, and in addition thereto, such rights, powers and privileges
as may be granted to it, or possessed and enjoyed by cities and counties of like
population separately organized.
No county or county government existing outside the territorial limits of
such county and city shall exercise any police, taxation or other powers within
the territorial limits of such county and city, but all such powers shall be
exercised by the city and county and the officers thereof, subject to such
constitutional provisions and general laws as apply to either cities or counties:
Provided, That the provisions of sections 2, 3, 4, 5, 6, 7, and 8 of this article
shall not apply to any such city and county: Provided further, That the salary
of any elective or appointive officer of a city and county shall not be changed
after his election or appointment or during his term of office; nor shall the
term of any such officer be extended beyond the period for which he is elected
or appointed. In case an existing county is divided in the formation of a city
and county, such city and county shall be liable for a just proportion of the
existing debts or liabilities of the former county, and shall account for and pay
the county remaining a just proportion of the value of any real estate or other
property owned by the former county and taken over by the county and city, the
method of determining such just proportion to be prescribed by general law, but
such division shall not affect the rights of creditors. The officers of a city
and county, their compensation, qualifications, term of office and manner of
election or appointment shall be as provided for in its charter, subject to
general laws and applicable constitutional provisions. [AMENDMENT 23, 1947 House
Joint Resolution No. 13, p 1386. Approved November 2, 1948.]
ARTICLE XII
CORPORATIONS OTHER THAN MUNICIPAL
SECTION 1 CORPORATIONS, HOW FORMED. Corporations may be formed
under general laws, but shall not be created by special acts. All
laws relating to corporations may be altered, amended or repealed
by the legislature at any time, and all corporations doing business
in this state may, as to such business, be regulated, limited or
restrained by law.
SECTION 2 EXISTING CHARTERS. All existing charters, franchises,
special or exclusive privileges, under which an actual and bona
fide organization shall not have taken place, and business been
commenced in good faith, at the time of the adoption of this
Constitution shall thereafter have no validity.
SECTION 3 EXISTING CHARTERS NOT TO BE EXTENDED NOR FORFEITURE
REMITTED. The legislature shall not extend any franchise or
charter, nor remit the forfeiture of any franchise or charter of
any corporation now existing, or which shall hereafter exist under
the laws of this state.
SECTION 4 LIABILITY OF STOCKHOLDERS. Each stockholder in all
incorporated companies, except corporations organized for banking
or insurance purposes, shall be liable for the debts of the
corporation to the amount of his unpaid stock and no more; and one
or more stockholders may be joined as parties defendant in suits to
recover upon this liability.
SECTION 5 TERM "CORPORATION," DEFINED - RIGHT TO SUE AND BE
SUED. The term corporations, as used in this article, shall be
construed to include all associations and joint stock companies
having any powers or privileges of corporations not possessed by
individuals or partnerships, and all corporations shall have the
right to sue and shall be subject to be sued, in all courts, in
like cases as natural persons.
SECTION 6 LIMITATIONS UPON ISSUANCE OF STOCK. Corporations shall
not issue stock, except to bona fide subscribers therefor, or their
assignees; nor shall any corporation issue any bond, or other
obligation, for the payment of money, except for money or property
received or labor done. The stock of corporations shall not be
increased, except in pursuance of a general law, nor shall any law
authorize the increase of stock, without the consent of the person
or persons holding the larger amount in value of the stock, nor
without due notice of the proposed increase having been previously
given in such manner as may be prescribed by law. All fictitious
increase of stock or indebtedness shall be void.
SECTION 7 FOREIGN CORPORATIONS. No corporation organized outside
the limits of this state shall be allowed to transact business
within the state on more favorable conditions than are prescribed
by law to similar corporations organized under the laws of this
state.
SECTION 8 ALIENATION OF FRANCHISE NOT TO RELEASE LIABILITIES. No
corporation shall lease or alienate any franchise, so as to relieve
the franchise, or property held thereunder, from the liabilities of
the lessor, or grantor, lessee, or grantee, contracted or incurred
in the operation, use, or enjoyment of such franchise or any of its
privileges.
SECTION 9 STATE NOT TO LOAN ITS CREDIT OR SUBSCRIBE FOR STOCK.
The state shall not in any manner loan its credit, nor shall it
subscribe to, or be interested in the stock of any company,
association or corporation.
SECTION 10 EMINENT DOMAIN AFFECTING. The exercise of the right
of eminent domain shall never be so abridged or construed as to
prevent the legislature from taking the property and franchises of
incorporated companies, and subjecting them to public use the same
as the property of individuals.
SECTION 11 STOCKHOLDER LIABILITY. No corporation, association,
or individual shall issue or put in circulation as money anything
but the lawful money of the United States. Each stockholder of any
banking or insurance corporation or joint stock association shall
be individually and personally liable equally and ratably, and not
one for another, for all contracts, debts, and engagements of such
corporation or association accruing while they remain such
stockholders, to the extent of the amount of their stock therein at
the par value thereof, in addition to the amount invested in such
shares.
The legislature may provide that stockholders of banking
corporations organized under the laws of this state which shall
provide and furnish, either through membership in the Federal
Deposit Insurance Corporation, or through membership in any other
instrumentality of the government of the United States, insurance
or security for the payment of the debts and obligations of such
banking corporation equivalent to that required by the laws of the
United States to be furnished and provided by national banking
associations, shall be relieved from liability for the debts and
obligations of such banking corporation to the same extent that
stockholders of national banking associations are relieved from
liability for the debts and obligations of such national banking
associations under the laws of the United States. [AMENDMENT 16,
1939 Senate Joint Resolution No. 8, p 1024. Approved November,
1940.]
Original text - Art. 12 Section 11 PROHIBITION AGAINST ISSUANCE OF MONEY AND
LIABILITY OF STOCKHOLDERS IN BANKS - No corporation, association, or individual
shall issue or put in circulation as money anything but the lawful money of the
United States. Each stockholder of any banking or insurance corporation or joint
stock association, shall be individually and personally liable equally and
ratably and not one for another, for all contracts, debts and engagements of such
corporation or association accruing while they remain such stockholders to the
extent of the amount of their stock therein at the par value thereof, in addition
to the amount invested in such shares.
SECTION 12 RECEIVING DEPOSITS BY BANK AFTER INSOLVENCY. Any
president, director, manager, cashier, or other officer of any
banking institution, who shall receive or assent to the reception
of deposits, after he shall have knowledge of the fact that such
banking institution is insolvent or in failing circumstances, shall
be individually responsible for such deposits so received.
SECTION 13 COMMON CARRIERS, REGULATION OF. All railroad, canal
and other transportation companies are declared to be common
carriers and subject to legislative control. Any association or
corporation organized for the purpose, under the laws of this
state, shall have the right to connect at the state line with
railroads of other states. Every railroad company shall have the
right with its road, whether the same be now constructed or may
hereafter be constructed, to intersect, cross or connect with any
other railroad, and when such railroads are of the same or similar
gauge they shall at all crossings and at all points, where a
railroad shall begin or terminate at or near any other railroad,
form proper connections so that the cars of any such railroad
companies may be speedily transferred from one railroad to another.
All railroad companies shall receive and transport each the other's
passengers, tonnage and cars without delay or discrimination.
SECTION 14 PROHIBITION AGAINST COMBINATIONS BY CARRIERS.
[Repealed by AMENDMENT 67, 1977 House Joint Resolution No. 57, p
1714. Approved November 8, 1977.]
Original text - Art. 12 Section 14 PROHIBITION AGAINST COMBINATIONS BY
CARRIERS - No railroad company, or other common carrier, shall combine or make
any contract with the owners of any vessel that leaves port or makes port in this
state, or with any common carrier, by which combination or contract the earnings
of one doing the carrying are to be shared by the other not doing the carrying.
SECTION 15 PROHIBITION AGAINST DISCRIMINATING CHARGES. No
discrimination in charges or facilities for transportation shall be
made by any railroad or other transportation company between places
or persons, or in the facilities for the transportation of the same
classes of freight or passengers within this state, or coming from
or going to any other state. Persons and property transported over
any railroad, or by any other transportation company, or
individual, shall be delivered at any station, landing or port, at
charges not exceeding the charges for the transportation of persons
and property of the same class, in the same direction, to any more
distant station, port or landing. Excursion and commutation
tickets may be issued at special rates.
SECTION 16 PROHIBITION AGAINST CONSOLIDATING OF COMPETING LINES.
No railroad corporation shall consolidate its stock, property or
franchises with any other railroad corporation owning a competing
line.
SECTION 17 ROLLING STOCK, PERSONALTY FOR PURPOSE OF TAXATION.
The rolling stock and other movable property belonging to any
railroad company or corporation in this state, shall be considered
personal property, and shall be liable to taxation and to execution
and sale in the same manner as the personal property of individuals
and such property shall not be exempted from execution and sale.
SECTION 18 RATES FOR TRANSPORTATION. The legislature may pass
laws establishing reasonable rates of charges for the
transportation of passengers and freight, and to correct abuses
and prevent discrimination and extortion in the rates of freight
and passenger tariffs on the different railroads and other common
carriers in the state, and shall enforce such laws by adequate
penalties. A railroad and transportation commission may be
established and its powers and duties fully defined by law.
[AMENDMENT 66, 1977 House Joint Resolution No. 55, p 1713.
Approved November 8, 1977.]
Original text - Art. 12 Section 18 MAXIMUM RATES FOR TRANSPORTATION - The
legislature shall pass laws establishing reasonable maximum rates of charges for
the transportation of passengers and freight, and to correct abuses and prevent
discrimination and extortion in the rates of freight and passenger tariffs on the
different railroads and other common carriers in the state, and shall enforce
such laws by adequate penalties. A railroad and transportation commission may
be established and its powers and duties fully defined by law.
SECTION 19 TELEGRAPH AND TELEPHONE COMPANIES. Any association or
corporation, or the lessees or managers thereof, organized for the
purpose, or any individual, shall have the right to construct and
maintain lines of telegraph and telephone within this state, and
said companies shall receive and transmit each other's messages
without delay or discrimination and all of such companies are
hereby declared to be common carriers and subject to legislative
control. Railroad corporations organized or doing business in this
state shall allow telegraph and telephone corporations and
companies to construct and maintain telegraph lines on and along
the rights of way of such railroads and railroad companies, and no
railroad corporation organized or doing business in this state
shall allow any telegraph corporation or company any facilities,
privileges or rates for transportation of men or material or for
repairing their lines not allowed to all telegraph companies. The
right of eminent domain is hereby extended to all telegraph and
telephone companies. The legislature shall, by general law of
uniform operation, provide reasonable regulations to give effect to
this section.
Eminent domain: Art. 1 Section 16.
SECTION 20 PROHIBITION AGAINST FREE TRANSPORTATION FOR PUBLIC
OFFICERS. No railroad or other transportation company shall grant
free passes, or sell tickets or passes at a discount, other than as
sold to the public generally, to any member of the legislature, or
to any person holding any public office within this state. The
legislature shall pass laws to carry this provision into effect.
SECTION 21 EXPRESS COMPANIES. Railroad companies now or
hereafter organized or doing business in this state, shall allow
all express companies organized or doing business in this state,
transportation over all lines of railroad owned or operated by such
railroad companies upon equal terms with any other express company,
and no railroad corporation organized or doing business in this
state shall allow any express corporation or company any
facilities, privileges or rates for transportation of men or
materials or property carried by them or for doing the business of
such express companies not allowed to all express companies.
SECTION 22 MONOPOLIES AND TRUSTS. Monopolies and trusts shall
never be allowed in this state, and no incorporated company,
copartnership, or association of persons in this state shall
directly or indirectly combine or make any contract with any other
incorporated company, foreign or domestic, through their
stockholders, or the trustees or assignees of such stockholders, or
with any copartnership or association of persons, or in any manner
whatever for the purpose of fixing the price or limiting the
production or regulating the transportation of any product or
commodity. The legislature shall pass laws for the enforcement of
this section by adequate penalties, and in case of incorporated
companies, if necessary for that purpose, may declare a forfeiture
of their franchises.
ARTICLE XIII
STATE INSTITUTIONS
SECTION 1 EDUCATIONAL, REFORMATORY, AND PENAL INSTITUTIONS.
Educational, reformatory, and penal institutions; those for the
benefit of youth who are blind or deaf or otherwise disabled; for
persons who are mentally ill or developmentally disabled; and such
other institutions as the public good may require, shall be
fostered and supported by the state, subject to such regulations as
may be provided by law. The regents, trustees, or commissioners of
all such institutions existing at the time of the adoption of this
Constitution, and of such as shall thereafter be established by
law, shall be appointed by the governor, by and with the advice and
consent of the senate; and upon all nominations made by the
governor, the question shall be taken by ayes and noes, and entered
upon the journal. [AMENDMENT 83, 1988 House Joint Resolution No.
4231, p 1553. Approved November 8, 1988.]
Original text - Art. 13 Section 1 EDUCATIONAL, REFORMATORY AND PENAL
INSTITUTIONS - Educational, reformatory and penal institutions; those for the
benefit of blind, deaf, dumb, or otherwise defective youth; for the insane or
idiotic; and such other institutions as the public good may require, shall be
fostered and supported by the state, subject to such regulations as may be
provided by law. The regents, trustees, or commissioners of all such
institutions existing at the time of the adoption of this Constitution, and of
such as shall thereafter be established by law, shall be appointed by the
governor, by and with the advice and consent of the senate; and upon all
nominations made by the governor, the question shall be taken by ayes and noes,
and entered upon the journal.
ARTICLE XIV
SEAT OF GOVERNMENT
SECTION 1 STATE CAPITAL, LOCATION OF. The legislature shall have
no power to change, or to locate the seat of government of this
state; but the question of the permanent location of the seat of
government of the state shall be submitted to the qualified
electors of the Territory, at the election to be held for the
adoption of this Constitution. A majority of all the votes cast at
said election, upon said question, shall be necessary to determine
the permanent location of the seat of government for the state; and
no place shall ever be the seat of government which shall not
receive a majority of the votes cast on that matter. In case there
shall be no choice of location at said first election the
legislature shall, at its first regular session after the adoption
of this Constitution, provide for submitting to the qualified
electors of the state, at the next succeeding general election
thereafter, the question of choice of location between the three
places for which the highest number of votes shall have been cast
at the said first election. Said legislature shall provide further
that in case there shall be no choice of location at said second
election, the question of choice between the two places for which
the highest number of votes shall have been cast, shall be
submitted in like manner to the qualified electors of the state at
the next ensuing general election: Provided, That until the seat
of government shall have been permanently located as herein
provided, the temporary location thereof shall remain at the city
of Olympia.
SECTION 2 CHANGE OF STATE CAPITAL. When the seat of government
shall have been located as herein provided, the location thereof
shall not thereafter be changed except by a vote of two-thirds of
all the qualified electors of the state voting on that question, at
a general election, at which the question of location of the seat
of government shall have been submitted by the legislature.
Governmental continuity during emergency periods: Art. 2 Section 42.
SECTION 3 RESTRICTIONS ON APPROPRIATIONS FOR CAPITOL BUILDINGS.
The legislature shall make no appropriations or expenditures for
capitol buildings or grounds, except to keep the Territorial
capitol buildings and grounds in repair, and for making all
necessary additions thereto, until the seat of government shall
have been permanently located, and the public buildings are erected
at the permanent capital in pursuance of law.
ARTICLE XV
HARBORS AND TIDE WATERS
SECTION 1 HARBOR LINE COMMISSION AND RESTRAINT ON DISPOSITION.
The legislature shall provide for the appointment of a commission
whose duty it shall be to locate and establish harbor lines in the
navigable waters of all harbors, estuaries, bays and inlets of this
state, wherever such navigable waters lie within or in front of the
corporate limits of any city, or within one mile thereof on either
side. Any harbor line so located or established may thereafter be
changed, relocated or reestablished by the commission pursuant to
such provision as may be made therefor by the legislature. The
state shall never give, sell or lease to any private person,
corporation, or association any rights whatever in the waters
beyond such harbor lines, nor shall any of the area lying between
any harbor line and the line of ordinary high water, and within not
less than fifty feet nor more than two thousand feet of such harbor
line (as the commission shall determine) be sold or granted by the
state, nor its rights to control the same relinquished, but such
area shall be forever reserved for landings, wharves, streets, and
other conveniences of navigation and commerce. [AMENDMENT 15, 1931
p 417 Section 1. Approved November, 1932.]
Tide lands: Art. 17.
Original text--Art. 15 Section 1 HARBOR LINE COMMISSION AND RESTRAINT ON
DISPOSITION OF CERTAIN TIDE LANDS - The legislature shall provide for the
appointment of a commission whose duty it shall be to locate and establish harbor
lines in the navigable waters of all harbors, estuaries, bays and inlets of this
state, wherever such navigable waters lie within or in front of the corporate
limits of any city or within one mile thereof on either side. The state shall
never give, sell or lease to any private person, corporation or association any
rights whatever in the waters beyond such harbor lines, nor shall any of the area
lying between any harbor line and the line of ordinary high tide, and within not
less than fifty feet nor more than six hundred feet of such harbor line (as the
commission shall determine) be sold or granted by the state, nor its right to
control the same relinquished, but such area shall be forever reserved for
landings, wharves, streets and other conveniences of navigation and commerce.
SECTION 2 LEASING AND MAINTENANCE OF WHARVES, DOCKS, ETC. The
legislature shall provide general laws for the leasing of the right
to build and maintain wharves, docks and other structures, upon the
areas mentioned in section one of this article, but no lease shall
be made for any term longer than thirty years, or the legislature
may provide by general laws for the building and maintaining upon
such area wharves, docks, and other structures.
SECTION 3 EXTENSION OF STREETS OVER TIDE LANDS. Municipal
corporations shall have the right to extend their streets over
intervening tide lands to and across the area reserved as herein
provided.
ARTICLE XVI
SCHOOL AND GRANTED LANDS
SECTION 1 DISPOSITION OF. All the public lands granted to the
state are held in trust for all the people and none of such lands,
nor any estate or interest therein, shall ever be disposed of
unless the full market value of the estate or interest disposed of,
to be ascertained in such manner as may be provided by law, be paid
or safely secured to the state; nor shall any lands which the state
holds by grant from the United States (in any case in which the
manner of disposal and minimum price are so prescribed) be disposed
of except in the manner and for at least the price prescribed in
the grant thereof, without the consent of the United States.
SECTION 2 MANNER AND TERMS OF SALE. None of the lands granted to
the state for educational purposes shall be sold otherwise than at
public auction to the highest bidder, the value thereof, less the
improvements shall, before any sale, be appraised by a board of
appraisers to be provided by law, the terms of payment also to be
prescribed by law, and no sale shall be valid unless the sum bid be
equal to the appraised value of said land. In estimating the value
of such lands for disposal, the value of the improvements thereon
shall be excluded: Provided, That the sale of all school and
university land heretofore made by the commissioners of any county
or the university commissioners when the purchase price has been
paid in good faith, may be confirmed by the legislature.
SECTION 3 LIMITATIONS ON SALES. No more than one-fourth of the
land granted to the state for educational purposes shall be sold
prior to January 1, 1895, and not more than one-half prior to
January 1, 1905: provided, that nothing herein shall be so
construed as to prevent the state from selling the timber or stone
off of any of the state lands in such manner and on such terms as
may be prescribed by law: and provided, further, that no sale of
timber lands shall be valid unless the full value of such lands is
paid or secured to the state.
SECTION 4 HOW MUCH MAY BE OFFERED IN CERTAIN CASES - PLATTING
OF. No more than one hundred and sixty (160) acres of any granted
lands of the state shall be offered for sale in one parcel, and all
lands within the limits of any incorporated city or within two
miles of the boundary of any incorporated city where the valuation
of such land shall be found by appraisement to exceed one hundred
dollars ($100) per acre shall, before the same be sold, be platted
into lots and blocks of not more than five acres in a block, and
not more than one block shall be offered for sale in one parcel.
SECTION 5 INVESTMENT OF PERMANENT COMMON SCHOOL FUND. The
permanent common school fund of this state may be invested as
authorized by law. [AMENDMENT 44, 1965 ex.s. Senate Joint
Resolution No. 22, part 2, p 2817. Approved November 8, 1966.]
Amendment 1 (1894) - Art. 16 Section 5 INVESTMENT OF SCHOOL FUND - None of
the permanent school fund of this state shall ever be loaned to private persons
or corporations, but it may be invested in national, state, county, municipal or
school district bonds. [AMENDMENT 1, 1893 p 9 Section 1. Approved November,
1894.]
Original text - Art. 16 Section 5 INVESTMENT OF PERMANENT SCHOOL FUND - None
of the permanent school fund shall ever be loaned to private persons or
corporations, but it may be invested in national, state, county or municipal
bonds.
Funds for support of education: Art. 9 Section 3.
ARTICLE XVII
TIDE LANDS
SECTION 1 DECLARATION OF STATE OWNERSHIP. The state of
Washington asserts its ownership to the beds and shores of all
navigable waters in the state up to and including the line of
ordinary high tide, in waters where the tide ebbs and flows, and up
to and including the line of ordinary high water within the banks
of all navigable rivers and lakes: Provided, that this section
shall not be construed so as to debar any person from asserting his
claim to vested rights in the courts of the state.
Harbors and tide waters: Art. 15.
SECTION 2 DISCLAIMER OF CERTAIN LANDS. The state of Washington
disclaims all title in and claim to all tide, swamp and overflowed
lands, patented by the United States: Provided, the same is not
impeached for fraud.
ARTICLE XVIII
STATE SEAL
SECTION 1 SEAL OF THE STATE. The seal of the State of Washington
shall be, a seal encircled with the words: "The Seal of the State
of Washington," with the vignette of General George Washington as
the central figure, and beneath the vignette the figures "1889."
Custody of seal: Art. 3 Section 18.
State seal: RCW 1.20.080.
ARTICLE XIX
EXEMPTIONS
SECTION 1 EXEMPTIONS - HOMESTEADS, ETC. The legislature shall
protect by law from forced sale a certain portion of the homestead
and other property of all heads of families.
ARTICLE XX
PUBLIC HEALTH AND VITAL STATISTICS
SECTION 1 BOARD OF HEALTH AND BUREAU OF VITAL STATISTICS. There
shall be established by law a state board of health and a bureau of
vital statistics in connection therewith, with such powers as the
legislature may direct.
SECTION 2 REGULATIONS CONCERNING MEDICINE, SURGERY AND PHARMACY.
The legislature shall enact laws to regulate the practice of
medicine and surgery, and the sale of drugs and medicines.
ARTICLE XXI
WATER AND WATER RIGHTS
SECTION 1 PUBLIC USE OF WATER. The use of the waters of this
state for irrigation, mining and manufacturing purposes shall be
deemed a public use.
ARTICLE XXII
LEGISLATIVE APPORTIONMENT
SECTION 1 SENATORIAL APPORTIONMENT. Until otherwise provided by
law, the state shall be divided into twenty-four (24) senatorial
districts, and said districts shall be constituted and numbered as
follows: The counties of Stevens and Spokane shall constitute the
first district, and be entitled to one senator; the county of
Spokane shall constitute the second district, and be entitled to
three senators; the county of Lincoln shall constitute the third
district, and be entitled to one senator; the counties of Okanogan,
Lincoln, Adams and Franklin shall constitute the fourth district,
and be entitled to one senator; the county of Whitman shall
constitute the fifth district, and be entitled to three senators;
the counties of Garfield and Asotin shall constitute the sixth
district, and be entitled to one senator; the county of Columbia
shall constitute the seventh district, and be entitled to one
senator; the county of Walla Walla shall constitute the eighth
district, and be entitled to two senators; the counties of Yakima
and Douglas shall constitute the ninth district, and be entitled to
one senator; the county of Kittitas shall constitute the tenth
district and be entitled to one senator; the counties of Klickitat,
and Skamania shall constitute the eleventh district, and be
entitled to one senator; the county of Clarke shall constitute the
twelfth district, and be entitled to one senator; the county of
Cowlitz shall constitute the thirteenth district, and be entitled
to one senator; the county of Lewis shall constitute the fourteenth
district, and be entitled to one senator; the counties of Pacific
and Wahkiakum shall constitute the fifteenth district, and be
entitled to one senator; the county of Thurston shall constitute
the sixteenth district, and be entitled to one senator; the county
of Chehalis shall constitute the seventeenth district, and be
entitled to one senator; the county of Pierce shall constitute the
eighteenth district, and be entitled to three senators; the county
of King shall constitute the nineteenth district, and be entitled
to five senators; the counties of Mason and Kitsap shall constitute
the twentieth district, and be entitled to one senator; the
counties of Jefferson, Clallam and San Juan shall constitute the
twenty-first district, and be entitled to one senator; the county
of Snohomish shall constitute the twenty-second district, and shall
be entitled to one senator; the counties of Skagit and Island shall
constitute the twenty-third district, and be entitled to one
senator; the county of Whatcom shall constitute the twenty-fourth
district, and be entitled to one senator.
Districts and apportionment: Chapter 44.07B RCW.
SECTION 2 APPORTIONMENT OF REPRESENTATIVES. Until otherwise
provided by law the representatives shall be divided among the
several counties of the state in the following manner; the county
of Adams shall have one representative; the county of Asotin shall
have one representative; the county of Chehalis shall have two
representatives; the county of Clarke shall have three
representatives; the county of Clallam shall have one
representative; the county of Columbia shall have two
representatives; the county of Cowlitz shall have one
representative; the county of Douglas shall have one
representative; the county of Franklin shall have one
representative; the county of Garfield shall have one
representative; the county of Island shall have one representative;
the county of Jefferson shall have two representatives; the county
of King shall have eight representatives; the county of Klickitat
shall have two representatives; the county of Kittitas shall have
two representatives; the county of Kitsap shall have one
representative; the county of Lewis shall have two representatives;
the county of Lincoln shall have two representatives; the county of
Mason shall have one representative; the county of Okanogan shall
have one representative; the county of Pacific shall have one
representative; the county of Pierce shall have six
representatives; the county of San Juan shall have one
representative; the county of Skamania shall have one
representative; the county of Snohomish shall have two
representatives; the county of Skagit shall have two
representatives; the county of Spokane shall have six
representatives; the county of Stevens shall have one
representative; the county of Thurston shall have two
representatives; the county of Walla Walla shall have three
representatives; the county of Wahkiakum shall have one
representative; the county of Whatcom shall have two
representatives; the county of Whitman shall have five
representatives; the county of Yakima shall have one
representative.
Districts and apportionment: Chapter 44.07B RCW.
ARTICLE XXIII
AMENDMENTS
SECTION 1 HOW MADE. Any amendment or amendments to this
Constitution may be proposed in either branch of the legislature;
and if the same shall be agreed to by two-thirds of the members
elected to each of the two houses, such proposed amendment or
amendments shall be entered on their journals, with the ayes and
noes thereon, and be submitted to the qualified electors of the
state for their approval, at the next general election; and if the
people approve and ratify such amendment or amendments, by a
majority of the electors voting thereon, the same shall become part
of this Constitution, and proclamation thereof shall be made by the
governor: Provided, That if more than one amendment be submitted,
they shall be submitted in such a manner that the people may vote
for or against such amendments separately. The legislature shall
also cause notice of the amendments that are to be submitted to the
people to be published at least four times during the four weeks
next preceding the election in every legal newspaper in the state:
Provided, That failure of any newspaper to publish this notice
shall not be interpreted as affecting the outcome of the election.
[AMENDMENT 37, 1961 Senate Joint Resolution No. 25, p 2753.
Approved November, 1962.]
Original text - Art. 23 Section 1 HOW MADE - Any amendment or amendments to
this Constitution may be proposed in either branch of the legislature; and if the
same shall be agreed to by two-thirds of the members elected to each of the two
houses, such proposed amendment or amendments shall be entered on their journals,
with the ayes and noes thereon, and be submitted to the qualified electors of the
state for their approval, at the next general election; and if the people approve
and ratify such amendment or amendments, by a majority of the electors voting
thereon, the same shall become part of this Constitution, and proclamation
thereof shall be made by the governor: Provided, that if more than one amendment
be submitted, they shall be submitted in such a manner that the people may vote
for or against such amendments separately. The legislature shall also cause the
amendments that are to be submitted to the people to be published for at least
three months next preceding the election, in some weekly newspaper, in every
county where a newspaper is published throughout the state.
SECTION 2 CONSTITUTIONAL CONVENTIONS. Whenever two-thirds of the
members elected to each branch of the legislature shall deem it
necessary to call a convention to revise or amend this
Constitution, they shall recommend to the electors to vote at the
next general election, for or against a convention, and if a
majority of all the electors voting at said election shall have
voted for a convention, the legislature shall at the next session,
provide by law for calling the same; and such convention shall
consist of a number of members, not less than that of the most
numerous branch of the legislature.
SECTION 3 SUBMISSION TO THE PEOPLE. Any Constitution adopted by
such convention shall have no validity until it has been submitted
to and adopted by the people.
ARTICLE XXIV
BOUNDARIES
SECTION 1 STATE BOUNDARIES. The boundaries of the state of
Washington shall be as follows: Beginning at a point in the Pacific
ocean one marine league due west of and opposite the middle of the
mouth of the north ship channel of the Columbia river thence
running easterly to and up the middle channel of said river and
where it is divided by islands up the middle of the widest channel
thereof to where the forty-sixth parallel of north latitude crosses
said river near the mouth of the Walla Walla river; thence east on
said forty-sixth parallel of latitude to the middle of the main
channel of Shoshone or Snake river, thence follow down the middle
of the main channel of Snake river to a point opposite the mouth of
the Kooskooskia or Clear Water river, thence due north to the
forty-ninth parallel of north latitude, thence west along said
forty-ninth parallel of north latitude to the middle of the channel
which separates Vancouver's island from the continent, that is to
say to a point in longitude 123 degrees, 19 minutes and 15 seconds
west, thence following the boundary line between the United States
and British possessions through the channel which separates
Vancouver's island from the continent to the termination of the
boundary line between the United States and British possessions at
a point in the Pacific ocean equidistant between Bonnilla point on
Vancouver's island and Tatoosh island light house, thence running
in a southerly course and parallel with the coast line, keeping one
marine league off shore to place of beginning; until such
boundaries are modified by appropriate interstate compacts duly
approved by the Congress of the United States. [AMENDMENT 33, 1957
Senate Joint Resolution No. 10, p 1292. Approved November 4,
1958.]
Original text--Art. 24 Section 1 STATE BOUNDARIES - The boundaries of the
State of Washington shall be as follows: Beginning at a point in the Pacific
ocean one marine league due west of and opposite the middle of the mouth of the
north ship channel of the Columbia river thence running easterly to and up the
middle channel of said river and where it is divided by islands up the middle of
the widest channel thereof to where the forty-sixth parallel of north latitude
crosses said river near the mouth of the Walla Walla river; thence east on said
forty-sixth parallel of latitude to the middle of the main channel of the
Shoshone or Snake river, thence follow down the middle of the main channel of
Snake river to a point opposite the mouth of the Kooskooskia or Clear Water
river, thence due north to the forty-ninth parallel of north latitude, thence
west along said forty-ninth parallel of north latitude to the middle of the
channel which separates Vancouver's island from the continent, that is to say to
a point in longitude 123 degrees, 19 minutes and 15 seconds west, thence
following the boundary line between the United States and British possessions
through the channel which separates Vancouver's island from the continent to the
termination of the boundary line between the United States and British
possessions at a point in the Pacific ocean equi distant between Bonnilla point
on Vancouver's island and Tatoosh island light house, thence running in a
southerly course and parallel with the coast line, keeping one marine league off
shore to place of beginning.
ARTICLE XXV
JURISDICTION
SECTION 1 AUTHORITY OF THE UNITED STATES. The consent of the
State of Washington is hereby given to the exercise, by the
congress of the United States, of exclusive legislation in all
cases whatsoever over such tracts or parcels of land as are now
held or reserved by the government of the United States for the
purpose of erecting or maintaining thereon forts, magazines,
arsenals, dockyards, lighthouses and other needful buildings, in
accordance with the provisions of the seventeenth paragraph of the
eighth section of the first article of the Constitution of the
United States, so long as the same shall be so held and reserved by
the United States. Provided: That a sufficient description by
metes and bounds, and an accurate plat or map of each such tract or
parcel of land be filed in the proper office of record in the
county in which the same is situated, together with copies of the
orders, deeds, patents or other evidences in writing of the title
of the United States: and provided, That all civil process issued
from the courts of this state and such criminal process as may
issue under the authority of this state against any person charged
with crime in cases arising outside of such reservations, may be
served and executed thereon in the same mode and manner, and by the
same officers, as if the consent herein given had not been made.
ARTICLE XXVI
COMPACT WITH THE UNITED STATES
The following ordinance shall be irrevocable without the consent
of the United States and the people of this state:
First. That perfect toleration of religious sentiment shall be
secured and that no inhabitant of this state shall ever be molested
in person or property on account of his or her mode of religious
worship.
Second. That the people inhabiting this state do agree and
declare that they forever disclaim all right and title to the
unappropriated public lands lying with the boundaries of this
state, and to all lands lying within said limits owned or held by
any Indian or Indian tribes; and that until the title thereto shall
have been extinguished by the United States, the same shall be and
remain subject to the disposition of the United States, and said
Indian lands shall remain under the absolute jurisdiction and
control of the congress of the United States and that the lands
belonging to citizens of the United States residing without the
limits of this state shall never be taxed at a higher rate than the
lands belonging to residents thereof; and that no taxes shall be
imposed by the state on lands or property therein, belonging to or
which may be hereafter purchased by the United States or reserved
for use: Provided, That nothing in this ordinance shall preclude
the state from taxing as other lands are taxed any lands owned or
held by any Indian who has severed his tribal relations, and has
obtained from the United States or from any person a title thereto
by patent or other grant, save and except such lands as have been
or may be granted to any Indian or Indians under any act of
congress containing a provision exempting the lands thus granted
from taxation, which exemption shall continue so long and to such
an extent as such act of congress may prescribe.
Third. The debts and liabilities of the Territory of Washington
and payment of the same are hereby assumed by this state.
Fourth. Provision shall be made for the establishment and
maintenance of systems of public schools free from sectarian
control which shall be open to all the children of said state.
ARTICLE XXVII
SCHEDULE
In order that no inconvenience may arise by reason of a change
from a Territorial to a State government, it is hereby declared and
ordained as follows:
SECTION 1 EXISTING RIGHTS, ACTIONS, AND CONTRACTS SAVED. No
existing rights, actions, suits, proceedings, contracts or claims
shall be affected by a change in the form of government, but all
shall continue as if no such change had taken place; and all
process which may have been issued under the authority of the
Territory of Washington previous to its admission into the Union
shall be as valid as if issued in the name of the state.
SECTION 2 LAWS IN FORCE CONTINUED. All laws now in force in the
Territory of Washington, which are not repugnant to this
Constitution, shall remain in force until they expire by their own
limitation, or are altered or repealed by the legislature:
Provided, That this section shall not be so construed as to
validate any act of the legislature of Washington Territory
granting shore or tide lands to any person, company or any
municipal or private corporation.
SECTION 3 DEBTS, FINES, ETC., TO INURE TO THE STATE. All debts,
fines, penalties and forfeitures, which have accrued, or may
hereafter accrue, to the Territory of Washington, shall inure to
the State of Washington.
SECTION 4 RECOGNIZANCES. All recognizances heretofore taken, or
which may be taken before the change from a territorial to a state
government shall remain valid, and shall pass to, and may be
prosecuted in the name of the state; and all bonds executed to the
Territory of Washington or to any county or municipal corporation,
or to any officer or court in his or its official capacity, shall
pass to the state authorities and their successors in office, for
the uses therein expressed, and may be sued for and recovered
accordingly, and all the estate, real, personal and mixed, and all
judgments decrees, bonds, specialties, choses in action, and claims
or debts, of whatever description, belonging to the Territory of
Washington, shall inure to and vest in the State of Washington, and
may be sued for and recovered in the same manner, and to the same
extent, by the State of Washington, as the same could have been by
the Territory of Washington.
SECTION 5 CRIMINAL PROSECUTIONS AND PENAL ACTIONS. All criminal
prosecutions and penal actions which may have arisen, or which may
arise, before the change from a territorial to a state government,
and which shall then be pending, shall be prosecuted to judgment,
and execution in the name of the state. All offenses committed
against the laws of the Territory of Washington, before the change
from a territorial to a state government, and which shall not be
prosecuted before such change, may be prosecuted in the name and by
the authority of the State of Washington, with like effect as
though such change had not taken place; and all penalties incurred
shall remain the same as if this Constitution had not been adopted.
All actions at law and suits in equity which may be pending in any
of the courts of the Territory of Washington, at the time of the
change from a territorial to a state government, shall be
continued, and transferred to the court of the state having
jurisdiction of the subject matter thereof.
SECTION 6 RETENTION OF TERRITORIAL OFFICERS. All officers now
holding their office under the authority of the United States, or
of the Territory of Washington, shall continue to hold and exercise
their respective offices until they shall be superseded by the
authority of the state.
SECTION 7 CONSTITUTIONAL OFFICERS, WHEN ELECTED. All officers
provided for in this Constitution including a county clerk for each
county when no other time is fixed for their election, shall be
elected at the election to be held for the adoption of this
Constitution on the first Tuesday of October, 1889.
SECTION 8 CHANGE OF COURTS - TRANSFER OF CAUSES. Whenever the
judge of the superior court of any county, elected or appointed
under the provisions of this Constitution shall have qualified the
several causes then pending in the district court of the territory
except such causes as would have been within the exclusive
jurisdiction of the United States district court had such court
existed at the time of the commencement of such causes, within such
county, and the records, papers and proceedings of said district
court, and the seal and other property pertaining thereto, shall
pass into the jurisdiction and possession of the superior court for
such county. And where the same judge is elected for two or more
counties, it shall be the duty of the clerk of the district court
having custody of such papers and records to transmit to the clerk
of such county, or counties, other than that in which such records
are kept the original papers in all cases pending in such district
court and belonging to the jurisdiction of such county or counties
together with transcript of so much of the records of said district
court as relate to the same; and until the district courts of the
Territory shall be superseded in manner aforesaid, the said
district courts and the judges thereof, shall continue with the
same jurisdiction and powers, to be exercised in the same judicial
districts respectively, as heretofore constituted under the laws of
the Territory. Whenever a quorum of the judges of the supreme
court of the state shall have been elected and qualified, the
causes then pending in the supreme court of the Territory, except
such causes as would have been within the exclusive jurisdiction of
the United States, circuit court had such court existed at the time
of the commencement of such causes, and the papers, records and
proceedings of said court and the seal and other property
pertaining thereto, shall pass into the jurisdiction and possession
of the supreme court of the state, and until so superseded, the
supreme court of the Territory and the judges thereof, shall
continue with like powers and jurisdiction as if this Constitution
had not been adopted.
SECTION 9 SEALS OF COURTS AND MUNICIPALITIES. Until otherwise
provided by law, the seal now in use in the supreme court of the
Territory shall be the seal of the supreme court of the state. The
seals of the superior courts of the several counties of the state
shall be, until otherwise provided by law, the vignette of General
George Washington with the words: "Seal of the Superior Court of
---------- county" surrounding the vignette. The seal of
municipalities, and of all county officers of the Territory, shall
be the seals of such municipalities, and county officers
respectively under the state, until otherwise provided by law.
SECTION 10 PROBATE COURT, TRANSFER OF. When the state is
admitted into the Union, and the superior courts in the respective
counties organized, the books, records, papers and proceedings of
the probate court in each county, and all causes and matters of
administration pending therein, shall, upon the expiration of the
term of office of the probate judges, on the second Monday in
January, 1891, pass into the jurisdiction and possession of the
superior court of the same county created by this Constitution, and
the said court shall proceed to final judgment or decree, order or
other determination in the several matters and causes, as the
territorial probate court might have done, if this Constitution had
not been adopted. And until the expiration of the term of office
of the probate judges, such probate judges shall perform the duties
now imposed upon them by the laws of the Territory. The superior
courts shall have appellate and revisory jurisdiction over the
decisions of the probate courts, as now provided by law, until such
latter courts expire by limitation.
SECTION 11 DUTIES OF FIRST LEGISLATURE. The legislature, at its
first session, shall provide for the election of all officers whose
election is not provided for elsewhere in this Constitution, and
fix the time for the commencement and duration of their term.
SECTION 12 ELECTION CONTESTS FOR SUPERIOR JUDGES, HOW DECIDED.
In case of a contest of election between candidates, at the first
general election under this Constitution, for judges of the
superior courts, the evidence shall be taken in the manner
prescribed by the Territorial laws, and the testimony so taken
shall be certified to the secretary of state; and said officer,
together with the governor and treasurer of state, shall review the
evidence and determine who is entitled to the certificate of
election.
SECTION 13 REPRESENTATION IN CONGRESS. [Repealed by AMENDMENT
74, 1983 Substitute Senate Joint Resolution No. 103. Approved
November 8, 1983.]
Original text - Art. 27 Section 13 REPRESENTATION IN CONGRESS - One
representative in the congress of the United States shall be elected from the
state at large, at the first election provided for in this Constitution; and,
thereafter, at such times and places, and in such manner, as may be prescribed
by law. When a new apportionment shall be made by congress, the legislature
shall divide the state into congressional districts, in accordance with such
apportionment. The vote cast for representative in congress, at the first
election, shall be canvassed, and the result determined in the manner provided
for by the laws of the Territory for the canvass of the vote for delegate in
congress.
SECTION 14 DURATION OF TERM OF CERTAIN OFFICERS. All district,
county and precinct officers, who may be in office at the time of
the adoption of this Constitution, and the county clerk of each
county elected at the first election, shall hold their respective
offices until the second Monday of January, A. D., 1891, and until
such time as their successors may be elected and qualified, in
accordance with the provisions of this Constitution; and the
official bonds of all such officers shall continue in full force
and effect as though this Constitution had not been adopted. And
such officers shall continue to receive the compensation now
provided, until the same be changed by law.
SECTION 15 ELECTION ON ADOPTION OF CONSTITUTION, HOW TO BE
CONDUCTED. The election held at the time of the adoption of this
Constitution shall be held and conducted in all respects according
to the laws of the Territory, and the votes cast at said election
for all officers (where no other provisions are made in this
Constitution), and for the adoption of this Constitution and the
several separate articles and the location of the state capital,
shall be canvassed and returned in the several counties in the
manner provided by Territorial law, and shall be returned to the
secretary of the Territory in the manner provided by the Enabling
Act.
SECTION 16 WHEN CONSTITUTION TO TAKE EFFECT. The provisions of
this Constitution shall be in force from the day on which the
president of the United States shall issue his proclamation
declaring the State of Washington admitted into the Union, and the
terms of all officers elected at the first election under the
provisions of this Constitution shall commence on the Monday next
succeeding the issue of said proclamation, unless otherwise
provided herein.
SECTION 17 SEPARATE ARTICLES. The following separate articles
shall be submitted to the people for adoption or rejection at the
election for the adoption of this Constitution:
SEPARATE ARTICLE, NO. 1
"All persons male and female of the age of twenty-one years or
over, possessing the other qualifications, provided by this
Constitution, shall be entitled to vote at all elections."
SEPARATE ARTICLE, NO. 2
"It shall not be lawful for any individual, company or
corporation, within the limits of this state, to manufacture, or
cause to be manufactured, or to sell, or offer for sale, or in any
manner dispose of any alcoholic, malt or spirituous liquors, except
for medicinal, sacramental or scientific purposes."
If a majority of the ballots cast at said election on said
separate articles be in favor of the adoption of either of said
separate articles, then such separate article so receiving a
majority shall become a part of this Constitution and shall govern
and control any provision of the Constitution in conflict
therewith.
SECTION 18 BALLOT. The form of ballot to be used in voting for
or against this Constitution, or for or against the separate
articles, or for the permanent location of the seat of government,
shall be:
1. For the Constitution _ _ _ _ _ _ _ _ _ _
Against the Constitution _ _ _ _ _ _ _ _ _ _
2. For Woman Suffrage Article _ _ _ _ _ _ _ _ _ _
Against Woman Suffrage Article _ _ _ _ _ _ _ _ _ _
3. For Prohibition Article _ _ _ _ _ _ _ _ _ _
Against Prohibition Article _ _ _ _ _ _ _ _ _ _
4. For the Permanent Location of the Seat of Government (Name of
place voted for) _ _ _ _ _ _ _ _ _ _
The result of the election was against both woman suffrage and prohibition.
SECTION 19 APPROPRIATION. The legislature is hereby authorized
to appropriate from the state treasury sufficient money to pay any
of the expenses of this convention not provided for by the Enabling
Act of Congress.
ARTICLE XXVIII
COMPENSATION OF STATE OFFICERS
SECTION 1 SALARIES FOR LEGISLATURE, ELECTED STATE OFFICIALS, AND
JUDGES - INDEPENDENT COMMISSION - REFERENDUM. Salaries for members
of the legislature, elected officials of the executive branch of
state government, and judges of the state's supreme court, court of
appeals, superior courts, and district courts shall be fixed by an
independent commission created and directed by law to that purpose.
No state official, public employee, or person required by law to
register with a state agency as a lobbyist, or immediate family
member of the official, employee, or lobbyist, may be a member of
that commission.
As used in this section the phrase "immediate family" has the
meaning that is defined by law.
Any change of salary shall be filed with the secretary of state
and shall become law ninety days thereafter without action of the
legislature or governor, but shall be subject to referendum
petition by the people, filed within the ninety-day period.
Referendum measures under this section shall be submitted to the
people at the next following general election, and shall be
otherwise governed by the provisions of this Constitution generally
applicable to referendum measures. The salaries fixed pursuant to
this section shall supersede any other provision for the salaries
of members of the legislature, elected officials of the executive
branch of state government, and judges of the state's supreme
court, court of appeals, superior courts, and district courts.
The salaries for such officials in effect on January 12, 1987,
shall remain in effect until changed pursuant to this section.
After the initial adoption of a law by the legislature creating
the independent commission, no amendment to such act which alters
the composition of the commission shall be valid unless the
amendment is enacted by a favorable vote of two-thirds of the
members elected to each house of the legislature and is subject to
referendum petition.
The provisions of section 14 of Article IV, sections 14, 16, 17,
19, 20, 21, and 22 of Article III, and section 23 of Article II,
insofar as they are inconsistent herewith, are hereby superseded.
The provisions of section 1 of Article II relating to referendum
procedures, insofar as they are inconsistent herewith, are hereby
superseded with regard to the salaries governed by this section.
[AMENDMENT 78, 1986 Substitute House Joint Resolution No. 49, p
1529. Approved November 4, 1986.]
Authorizing compensation increase during term: Art. 30 Section 1.
Amendment 20 (1948) - Art. 28 Section 1 COMPENSATION OF STATE OFFICERS - All
elected state officials shall each severally receive such compensation as the
legislature may direct. The compensation of any state officer shall not be
increased or diminished during his term of office, except that the legislature,
at its thirty-first regular session, may increase or diminish the compensation
of all state officers whose terms exist on the Thursday after the second Monday
in January, 1949.
The provisions of sections 14, 16, 17, 19, 20, 21, and 22 of Article III and
section 23 of Article II in so far as they are inconsistent herewith, are hereby
repealed. [AMENDMENT 20, 1947 Senate Joint Resolution No. 4, p 1371. Approved
November 2, 1948.]
ARTICLE XXIX
INVESTMENTS OF PUBLIC PENSION AND RETIREMENT FUNDS
SECTION 1 MAY BE INVESTED AS AUTHORIZED BY LAW. Notwithstanding
the provisions of sections 5, and 7 of Article VIII and section 9
of Article XII or any other section or article of the Constitution
of the state of Washington, the moneys of any public pension or
retirement fund, industrial insurance trust fund, or fund held in
trust for the benefit of persons with developmental disabilities
may be invested as authorized by law. [AMENDMENT 93, 2000 Senate
Joint Resolution No. 8214, p 1919. Approved November 7, 2000.]
Amendment 75 (1985) - Art. 29 Section 1 MAY BE INVESTED AS AUTHORIZED BY LAW
- Notwithstanding the provisions of sections 5, and 7 of Article VIII and section
9 of Article XII or any other section or article of the Constitution of the state
of Washington, the moneys of any public pension or retirement fund or industrial
insurance trust fund may be invested as authorized by law. [AMENDMENT 75, 1985
House Joint Resolution No. 12, p 2398. Approved November 5, 1985.]
Amendment 49 (1968) - Art. 29 Section 1 MAY BE INVESTED AS AUTHORIZED BY LAW
- Notwithstanding the provisions of sections 5, and 7 of Article VIII and section
9 of Article XII or any other section or article of the Constitution of the state
of Washington, the moneys of any public pension or retirement fund may be
invested as authorized by law. [AMENDMENT 49, 1967 Senate Joint Resolution No.
5; see 1969 p 2975. Approved November 5, 1968.]
ARTICLE XXX
COMPENSATION OF PUBLIC OFFICERS
SECTION 1 AUTHORIZING COMPENSATION INCREASE DURING TERM. The
compensation of all elective and appointive state, county, and
municipal officers who do not fix their own compensation, including
judges of courts of record and the justice courts may be increased
during their terms of office to the end that such officers and
judges shall each severally receive compensation for their services
in accordance with the law in effect at the time the services are
being rendered.
The provisions of section 25 of Article II (Amendment 35),
section 25 of Article III (Amendment 31), section 13 of Article IV,
section 8 of Article XI, and section 1 of Article XXVIII (Amendment
20) insofar as they are inconsistent herewith are hereby repealed.
[AMENDMENT 54, 1967 House Joint Resolution No. 13; see 1969 p 2976.
Approved November 5, 1968.]
Reviser's note: (1) Amendment 49 (1967 SJR No. 5) and Amendment 54 (1967 HJR
No. 13) each added a new Article XXIX to the Constitution. Amendment 49 is
carried herein as Article XXIX while Amendment 54 has been herein redesignated
as Article XXX.
(2) The name of this Article has been supplied by the reviser.
ARTICLE XXXI
SEX EQUALITY - RIGHTS AND RESPONSIBILITIES
SECTION 1 EQUALITY NOT DENIED BECAUSE OF SEX. Equality of rights
and responsibility under the law shall not be denied or abridged on
account of sex.
SECTION 2 ENFORCEMENT POWER OF LEGISLATURE. The legislature
shall have the power to enforce, by appropriate legislation, the
provisions of this article. [AMENDMENT 61, 1972 House Joint
Resolution No. 61, p 526. Approved November, 1972.]
The name of this Article and the captions have been supplied by the reviser.
ARTICLE XXXII
SPECIAL REVENUE FINANCING
SECTION 1 SPECIAL REVENUE FINANCING. The legislature may enact
laws authorizing the state, counties, cities, towns, port
districts, or public corporations established thereby to issue
nonrecourse revenue bonds or other nonrecourse revenue obligations
and to apply the proceeds thereof in the manner and for the
purposes heretofore or hereafter authorized by law, subject to the
following limitations:
(a) Nonrecourse revenue bonds and other nonrecourse revenue
obligations issued pursuant to this section shall be payable only
from money or other property received as a result of projects
financed by the nonrecourse revenue bonds or other nonrecourse
revenue obligations and from money and other property received from
private sources.
(b) Nonrecourse revenue bonds and other nonrecourse revenue
obligations issued pursuant to this section shall not be payable
from or secured by any tax funds or governmental revenue or by all
or part of the faith and credit of the state or any unit of local
government.
(c) Nonrecourse revenue bonds or other nonrecourse revenue
obligations issued pursuant to this section may be issued only if
the issuer certifies that it reasonably believes that the interest
paid on the bonds or obligations will be exempt from income
taxation by the federal government.
(d) Nonrecourse revenue bonds or other nonrecourse revenue
obligations may only be used to finance industrial development
projects as defined in legislation.
(e) The state, counties, cities, towns, port districts, or
public corporations established thereby, shall never exercise their
respective attributes of sovereignty, including but not limited to,
the power to tax, the power of eminent domain, and the police power
on behalf of any industrial development project authorized pursuant
to this section.
After the initial adoption of a law by the legislature
authorizing the issuance of nonrecourse revenue bonds or other
nonrecourse revenue obligations, no amendment to such act which
expands the definition of industrial development project shall be
valid unless the amendment is enacted by a favorable vote of
three-fifths of the members elected to each house of the
legislature and is subject to referendum petition.
Sections 5 and 7 of Article VIII and section 9 of Article XII
shall not be construed as a limitation upon the authority granted
by this section. The proceeds of revenue bonds and other revenue
obligations issued pursuant to this section for the purpose of
financing privately owned property or loans to private persons or
corporations shall be subject to audit by the state but shall not
otherwise be deemed to be public money or public property for
purposes of this Constitution. This section is supplemental to and
shall not be construed as a repeal of or limitation on any other
authority lawfully exercisable under the Constitution and laws of
this state, including, among others, any existing authority to
issue revenue bonds. [AMENDMENT 73, 1981 Substitute House Joint
Resolution No. 7, p 1794. Approved November 3, 1981.]
The name of this Article has been supplied by the reviser.