Amendment 2 - Right to Bear Arms. (US Constitution)
A well regulated Militia, being necessary to the security of a
free State, the right of the people to keep and bear Arms, shall not
be infringed.
SECTION 24 RIGHT TO BEAR ARMS. (WA Constitution)
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.
APPROVED BY CONGRESS WASHINGTON STATE CONSTITUTION
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.
Bail may be denied for offenses punishable by the possibility of life in
prison upon a showing by clear and convincing evidence of a propensity
for violence that creates a substantial likelihood of danger to the
community or any persons, subject to such limitations as shall be
determined by the legislature. [AMENDMENT 104, 2010 Engrossed Substitute House Joint Resolution No. 4220, p 3129. Approved November 2, 2010.]
Original text Art. 1 Section 20 BAIL, WHEN AUTHORIZEDAll
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.]
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 county legislative authority 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 or council 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 the
members of the county legislative authority 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 or council 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 or her successor is elected at the
next general election, and has qualified: Provided, That in
case of a vacancy occurring after the general election in a year that
the office appears on the ballot and before the start of the next term,
the term of the successor who is of the same party as the incumbent may
commence once he or she has qualified and shall continue through the
term for which he or she was elected: 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 legislative authorities 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 the members of
the county legislative authority 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 96, 2003 House Joint Resolution No. 4206, p 2819. Approved November 4, 2003.]
Governmental continuity during emergency periods: Art. 2 Section 42.
Vacancies in county, etc., offices, how filled: Art. 11 Section 6.
Amendment 52, part (1967) -- 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, 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.]
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.
The labor of inmates of this state shall not be let out by contract to
any person, copartnership, company, or corporation, except as provided
by statute, and the legislature shall by law provide for the working of
inmates for the benefit of the state, including the working of inmates
in state-run inmate labor programs. Inmate labor programs provided by
statute that are operated and managed, in total or in part, by any
profit or nonprofit entities shall be operated so that the programs do
not unfairly compete with Washington businesses as determined by law. [AMENDMENT 100, 2007 Senate Joint Resolution No. 8212, p 3143. Approved November 6, 2007.]
Original text -- Art. 2 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.]
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."
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 13. public officers: Art. 2 Section 25.
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 30.
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
limited jurisdiction 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 97, 2005 Senate Joint Resolution No. 8207, pp 2799, 2800. Approved November 8, 2005.]
Removal by legislature: Art. 4 Section 9.
Amendment 85 (1989) -- Art. 4 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.]
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 fifteen
thousand ($15,000.00) 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 98, 2006 House Joint Resolution No. 4223, p 2117. Approved November 7, 2006.]
Amendment 81 (1988) -- 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 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. 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 initial 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. Notwithstanding any
other provision of this Constitution, any proposition pursuant to this
subsection to levy additional tax for the support of the common schools
or fire protection districts 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 or
fire facilities may provide such support for a period not exceeding six
years. Notwithstanding any other provision of this subsection, a
proposition under this subsection to levy an additional tax for a school
district shall be authorized by a majority of the voters voting on the
proposition, regardless of the number of voters voting on the
proposition; (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. 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. 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 101, 2007 Engrossed House Joint Resolution No. 4204, pp 3143-3145. Approved November 6, 2007.]
Prior amendments of Art. 7 Section 2, see Amendments 17, 55, 59, 64, 79, and 90.
Amendment 95 (2002) -- Art. 7 Section 2 LIMITATION ON LEVIESExcept
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 or fire protection districts 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 or fire 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 95, 2002 House Joint Resolution No. 4220, p 2203. Approved November 5, 2002.]
Amendment 90 (1997) -- 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 90, 1997 House Joint Resolution No. 4208, p 3063. Approved November 4, 1997.]
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.]
SECTION 12 BUDGET STABILIZATION ACCOUNT. (a) A budget stabilization account shall be established and maintained in the state treasury. (b)
By June 30th of each fiscal year, an amount equal to one percent of the
general state revenues for that fiscal year shall be transferred to the
budget stabilization account. Nothing in this subsection (b) shall
prevent the appropriation of additional amounts to the budget
stabilization account. (c) Each fiscal quarter, the state economic
and revenue forecast council appointed and authorized as provided by
statute, or successor entity, shall estimate state employment growth for
the current and next two fiscal years. (d) Moneys may be withdrawn and appropriated from the budget stabilization account as follows: (i)
If the governor declares a state of emergency resulting from a
catastrophic event that necessitates government action to protect life
or public safety, then for that fiscal year moneys may be withdrawn and
appropriated from the budget stabilization account, via separate
legislation setting forth the nature of the emergency and containing an
appropriation limited to the above-authorized purposes as contained in
the declaration, by a favorable vote of a majority of the members
elected to each house of the legislature. (ii) If the employment
growth forecast for any fiscal year is estimated to be less than one
percent, then for that fiscal year moneys may be withdrawn and
appropriated from the budget stabilization account by the favorable vote
of a majority of the members elected to each house of the legislature. (iii)
Any amount may be withdrawn and appropriated from the budget
stabilization account at any time by the favorable vote of at least
three-fifths of the members of each house of the legislature. (e)
Amounts in the budget stabilization account may be invested as provided
by law and retained in that account. When the balance in the budget
stabilization account, including investment earnings, equals more than
ten percent of the estimated general state revenues in that fiscal year,
the legislature by the favorable vote of a majority of the members
elected to each house of the legislature may withdraw and appropriate
the balance to the extent that the balance exceeds ten percent of the
estimated general state revenues. Appropriations under this subsection
(e) may be made solely for deposit to the education construction fund. (f)
As used in this section, "general state revenues" has the meaning set
forth in Article VIII, section 1 of the Constitution. Forecasts and
estimates shall be made by the state economic and revenue forecast
council appointed and authorized as provided by statute, or successor
entity. (g) The legislature shall enact appropriate laws to carry out the purposes of this section. (h) This section takes effect July 1, 2008. [AMENDMENT 99, 2007 Engrossed Substitute Senate Joint Resolution No. 8206, pp 3146, 3147. Approved November 6, 2007.]
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. In addition, for the purpose of computing the amount
required for payment of interest on outstanding debt under subsection
(b) of this section and this subsection, "interest" shall be reduced by
subtracting the amount scheduled to be received by the state as payments
from the federal government in each year in respect of bonds, notes, or
other evidences of indebtedness subject to this section. (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 103, 2010 Senate Joint Resolution No. 8225, p 3129-3132. Approved November 2, 2010.]
Amendment 92, (1999) 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 (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 AND COUNTY -- 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.
SECTION 6 INVESTMENT OF HIGHER EDUCATION PERMANENT FUNDS.
Notwithstanding the provisions of Article VIII, sections 5 and 7 and
Article XII, section 9, or any other section or article of the
Constitution of the state of Washington, the moneys of the permanent
funds established for any of the institutions of higher education in
this state may be invested as authorized by law. Without limitation,
this shall include the authority to invest permanent funds held for the
benefit of institutions of higher education in stocks or bonds issued by
any association, company, or corporation if authorized by law. [AMENDMENT 102, 2007 Substitute House Joint Resolution No. 4215, p 3145. Approved November 6, 2007.]
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.
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.
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.]