Other LanguagesWhen the governor vetoes a bill after the legislature has adjourned, and transmits the vetoed bill to the secretary of state for delivery to the legislature at its next session pursuant to the constitution, and the legislature next meets in a special session, the legislature may choose to act on overriding the veto during the special session, but its failure to consider an override during the special session does not preclude taking the matter up at the next ensuing regular legislative session.
The governor, through the issuance of an appropriate executive order, may legally designate a private nonprofit organization to guarantee student loans in Washington in accordance with Title IV of the federal Higher Education Act of 1965, as amended by PL 94-42 and PL 95-43.
(1) Because the governor's veto of § 2 of Substitute Senate Bill No. 2408 (chapter 296, Laws of 1975, 1st Ex. Sess.), the public agencies now responsible for the performance of the functions thereby proposed by this act to be transferred to a new "public employment relations commission" will continue to perform those functions after September 8, 1975, in the absence of further legislative action. (2) In view of the governor's veto of § 4 of Substitute Senate Bill No. 2500 (chapter 288, Laws of 1975, 1st Ex.Sess.), certificated school district employees will, in the absence of further legislative action, continue after January 1, 1976, to be governed by the provisions of the school employees' professional negotiations act (chapter 28A.72 RCW), notwithstanding the express repeal thereof by the 1975 act, except to the extent that such provisions of the new law as are unaffected by the veto are in conflict with the earlier law. (3) Administration of the provisions of chapter 288, Laws of 1975, 1st Ex. Sess., and chapter 296, Laws of 1975, 1st Ex. Sess., following their respective effective dates, by a new state agency will be unnecessary unless the governor's vetoes of portions thereof are overridden by the legislature or the vetoed sections are reenacted in a different form.
The legislative authority of the State of Washington is vested in the Legislature. In absence of a statute or constitutional provision that serves as a source of authority authorizing the Governor to act, the Governor cannot create obligations, responsibilities, conditions or processes having the force and effect of law by the issuance of an executive order.
Where during a legislative session and prior to the general adjournment thereof a bill not subject to referendum and bearing an immediate effective date is partially vetoed by the governor, the remainder of the bill takes effect immediately and the secretary of state is required to record it and assign it a chapter number under RCW 44.20.020.
(1) Although a state legislator may, at public expense, inform his constituents on matters pending, proposed, enacted or defeated by the legislature (including the legislator's own views and/or voting record on such matters), such a legislator is prohibited by RCW 42.17.130 from using the facilities of his office or expending funds appropriated for legislative purposes to persuade or attempt to persuade his constituents or other persons to vote one way or another on a statewide ballot proposition; the question of whether a particular communication is or is not in violation of this statute will depend upon all of the facts of each case including, particularly, the timing thereof as related to the time of the election at which the measure or measures are to be voted upon. (2) The governor, because of his constitutional responsibility to communicate with the legislature in order to ". . . recommend such measures as he shall deem expedient for their action," may use the facilities of his office to explain, or even, to some extent, to advocate, his official position on a statewide ballot measure pending before the people in their legislative capacity; in the case of other officers of the executive branch of the government, however, the legality of such action will depend upon the constitutional or statutory authority of the particular officer and the relationship of the ballot measure involved to the functions and duties of the office in question. (3) These same principles also apply, with certain qualifications,21,, to officers of the legislative or executive branches of counties, cities and towns, with respect to comparable local ballot measures.
The veto power of the governor is applicable to a bill authorizing lotteries passed by a sixty percent majority of the members of both houses of the legislature under Article II, § 24 of the state Constitution, as amended by SJR No.5, unless such bill, upon passage, is, instead, submitted to the electors as a referendum under Article II, § 1 (Amendment 7).
When an act is vetoed by the governor under Article III, § 12 of the Washington constitution, and is returned with his objections to the house in which it originated during the same session as is provided for therein, the power of the legislature to override the veto is not dependent on that power being exercised during the same legislative session so as to preclude it from overridding the veto unless it does so before the end of the session.
If the governor makes an appointment which is subject to senatorial confirmation under Article XIII, § 1 of the Washington Constitution or a similar statutory provision, and the senate fails to act at its first session following such appointment, it is not necessary that the appointee's name again be submitted to the next session of the legislature in order for the senate to have jurisdiction to act on the appointment.
Appropriations made to the office of governor for mansion maintenance are subject to audit by the state auditor under the provisions of RCW 43.09.290, et seq.