2010 Revised Code of Washington
Organic Act


Download as PDF VOLUME 1 Titles 1 through 8 2010 REVISED CODE OF WASHINGTON Published under the authority of chapter 1.08 RCW. Containing all laws of a general and permanent nature through the 2010 special session which adjourned April 13, 2010. (2010 Ed.) [Preface—p i] REVISED CODE OF WASHINGTON 2010 Edition © 2010 State of Washington CERTIFICATE The 2010 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee. MARTY BROWN, Chair STATUTE LAW COMMITTEE PRINTED ON RECYCLABLE MATERIAL For recycling information call: Recycle Hotline 1-800-732-9253 [Preface—p ii] (2010 Ed.) TABLE OF CONTENTS DOCUMENTS Constitution of the United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page Organic Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page Enabling Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page Constitution of the State of Washington . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 1 11 17 25 RESEARCH AIDS Codification Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page These tables show the RCW placement of session law sections. Table of Initiatives and Referenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page This table shows the placement of initiatives and referendums in the session laws. The RCW placement can be found by using the Codification Tables. 244 Table of Disposition of Former RCW Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page This table contains a numerical list of RCW sections no longer appearing in the code because of the repeal, expiration, decodification, or recodification of the sections. (2010 Ed.) 141 245 [Preface—p iii] PREFACE Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW 1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits, constitutes a true decimal, and allows for new sections to be inserted between old sections already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving vacant numbers between existing sections so that new sections may be inserted without extension of the section number beyond three digits. Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030. History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise of the powers in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in the concluding segments of the source note of each section of the code so affected. The legislative source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the parallel citation in Remington's Revised Code, last published in 1949. Where, before restoration, a section of this code constituted a consolidation of two or more sections of the session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc. Where, before restoration, only a part of a session law section was reflected in a particular RCW section the history note reference is followed by the word "part." "Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification. Double amendments: Some double or other multiple amendments to a section made without reference to each other are set out in the code in smaller (8-point) type. See RCW 1.12.025. Index: Titles 1 through 91 are indexed in the RCW General Index. A separate index is provided for the State Constitution. Sections repealed or decodified; Disposition table: Information concerning RCW sections repealed or decodified can be found in the table entitled "Disposition of former RCW sections." Codification tables: To convert a session law citation to its RCW number (for Laws of 1999 or later) consult the codification tables. A complete codification table, including Remington’s Revised Statutes, is on the Code Reviser web site at http://www.leg.wa.gov/codereviser. Notes: Notes that are more than ten years old have been removed from the print publication of the RCW except when retention has been deemed necessary to preserve the full intent of the law. All notes are displayed in the electronic copy of the RCW on the Code Reviser web site at http://www.leg.wa.gov/codereviser. Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law. (2) Although considerable care has been taken in the production of this code, it is inevitable that in so large a work that there will be errors, both mechanical and of judgment. When those who use this code detect errors in particular sections, a note citing the section involved and the nature of the error may be sent to: Code Reviser, Box 40551, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication. (2010 Ed.) [Preface—p iv] TITLES OF THE REVISED CODE OF WASHINGTON 1 46 47 Highways and motor vehicles Motor vehicles Public highways and transportation 48 Insurance 49 50 51 Labor Labor regulations Unemployment compensation Industrial insurance 52 53 54 55 57 Local service districts Fire protection districts Port districts Public utility districts Sanitary districts Water-sewer districts 58 59 60 61 62A 63 64 65 Property rights and incidents Boundaries and plats Landlord and tenant Liens Mortgages, deeds of trust, and real estate contracts Uniform Commercial Code Personal property Real property and conveyances Recording, registration, and legal publication 66 67 68 69 70 71 71A 72 73 74 Public health, safety, and welfare Alcoholic beverage control Sports and recreation—Convention facilities Cemeteries, morgues, and human remains Food, drugs, cosmetics, and poisons Public health and safety Mental illness Developmental disabilities State institutions Veterans and veterans' affairs Public assistance 76 77 78 79 79A Public resources Forests and forest products Fish and wildlife Mines, minerals, and petroleum Public lands Public recreational lands 80 81 Public service Public utilities Transportation 82 83 84 Taxation Excise taxes Estate taxation Property taxes 85 86 87 88 89 90 91 Waters Diking and drainage Flood control Irrigation Navigation and harbor improvements Reclamation, soil conservation, and land settlement Water rights—Environment Waterways General provisions 2 3 4 5 6 7 8 9 9A 10 11 12 13 Judicial Courts of record District courts—Courts of limited jurisdiction Civil procedure Evidence Enforcement of judgments Special proceedings and actions Eminent domain Crimes and punishments Washington Criminal Code Criminal procedure Probate and trust law District courts—Civil procedure Juvenile courts and juvenile offenders 14 Aeronautics 15 16 17 Agriculture Agriculture and marketing Animals and livestock Weeds, rodents, and pests 18 19 20 21 22 Businesses and professions Businesses and professions Business regulations—Miscellaneous Commission merchants—Agricultural products Securities and investments Warehousing and deposits 23 23B 24 25 Corporations, associations, and partnerships Corporations and associations (Profit) Washington business corporation act Corporations and associations (Nonprofit) Partnerships 26 Domestic relations 27 28A 28B 28C Education Libraries, museums, and historical activities Common school provisions Higher education Vocational education 29A Elections 30 31 32 33 Financial institutions Banks and trust companies Miscellaneous loan agencies Mutual savings banks Savings and loan associations 34 35 35A 36 37 38 39 40 41 42 43 44 Government Administrative law Cities and towns Optional Municipal Code Counties Federal areas—Indians Militia and military affairs Public contracts and indebtedness Public documents, records, and publications Public employment, civil service, and pensions Public officers and agencies State government—Executive State government—Legislative [Preface—p v] (2010 Ed.) Constitution of the United States of America DIGEST Preamble Article I Legislative Sections 1. Legislative powers. 2. House of representatives, how constituted, power of impeachment. 3. The senate, how constituted, impeachment trials. 4. Election of senators and representatives. 5. Quorum, journals, meetings, adjournments. 6. Compensation, privileges, disabilities. 7. Procedure in passing bills and resolutions. 8. Powers of congress. 9. Limitations upon powers of congress. 10. Restrictions upon powers of states. Article II Executive Sections 1. Executive power, election, qualifications of the president. 2. Powers of the president. 3. Powers and duties of the president. 4. Impeachment. Article III Judicial Sections 1. Judicial power, tenure of office. 2. Jurisdiction. 3. Treason, proof and punishment. Article IV Sections 1. 2. 3. 4. Faith and credit among states. Privileges and immunities, fugitives. Admission of new states. Guarantee of republican government. Article V Amendment of the Constitution Article VI Debts, supremacy, oath Article VII Ratification and establishment Amendments: No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. (2010 Ed.) Freedom of religion, of speech, and of the press. Right to keep and bear arms. Quartering of soldiers. Security from unwarrantable search and seizure. Rights of accused in criminal proceedings. Right to speedy trial, witnesses, etc. Trial by jury in civil cases. Bails, fines, punishments. Reservation of rights of the people. Powers reserved to states or people. 11. Restriction of judicial powers. 12. Election of president and vice president. 13. Sections 1. Abolition of slavery. 2. Power to enforce this article. 14. Sections 1. Citizenship rights not to be abridged by states. 2. Apportionment of representatives in congress. 3. Persons disqualified from holding office. 4. What public debts are valid. 5. Power to enforce this article. 15. Sections 1. Negro suffrage. 2. Power to enforce this article. 16. Authorizing income taxes. 17. Popular election of senators. 18. Sections 1. National liquor prohibition. 2. Power to enforce this article. 3. Ratification within seven years. 19. Woman suffrage. 20. Sections 1. Terms of office. 2. Time of convening congress. 3. Death of president elect. 4. Election of the president. 21. Sections 1. National liquor prohibition repealed. 2. Transportation of liquor into "dry" states. 22. Sections 1. Terms of office of president. 2. When operative. 23. Sections 1. Granting representation in the electoral college to the District of Columbia. 2. Legislation. 24. Sections 1. Failure to pay tax shall not deny right to vote for federal offices. 2. Legislation. 25. Sections 1. Succession to the presidency. 2. Succession to the vice presidency. 3. President’s declaration of inability to discharge powers and duties of office. 4. Determination that president is unable to discharge the powers and duties of office. 26. Sections 1. Extending the right to vote to citizens eighteen years of age or older. 2. Legislation. 27. Compensation of members of Congress. [Vol. 1 RCW—page 1] Article I Section 1 Constitution of the United States of America The Constitution of the United States of America Preamble We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. Article I SECTION 1 LEGISLATIVE POWERS. All legislative powers herein granted shall be vested in a congress of the United States, which shall consist of a senate and house of representatives. Article I Section 1 SECTION 2 HOUSE OF REPRESENTATIVES, HOW CONSTITUTED, POWER OF IMPEACHMENT. The house of representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other person.* The actual enumeration shall be made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. The house of representatives shall choose their speaker and other officers; and shall have the sole power of impeachment. Article I Section 2 [Vol. 1 RCW—page 2] *Note: Modified by Amendment XIV, Section 2. SECTION 3 THE SENATE, HOW CONSTITUTED, IMPEACHMENT TRIALS. The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.* No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. The vice president of the United States shall be president of the senate, but shall have no vote, unless they be equally divided. The senate shall choose their other officers, and also a president pro tempore, in the absence of the vice president, or when he shall exercise the office of president of the United States. The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried the chief justice shall preside: and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. Article I Section 3 *Note: Provisions changed by Amendment XVII. SECTION 4 ELECTION OF SENATORS AND REPRESENTATIVES. The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the congress may at any time by law make or alter such regulations, except as to the places of choosing senators. The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.* Article I Section 4 *Note: Provision changed by Amendment XX, Section 2. SECTION 5 QUORUM, JOURNALS, MEETINGS, ADJOURNMENTS. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent Article I Section 5 (2010 Ed.) Constitution of the United States of America members, in such manner, and under such penalties as each house may provide. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. Neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. SECTION 6 COMPENSATION, PRIVILEGES, DISABILITIES. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office. Article I Section 6 SECTION 7 PROCEDURE IN PASSING BILLS AND RESOLUTIONS. All bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amendments as on other bills. Every bill which shall have passed the house of representatives and the senate, shall, before it become a law, be presented to the president of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that house 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 that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the congress by their adjournment prevent its return, in which case it shall not be a law. Every order, resolution, or vote to which the concurrence of the senate and house of representatives may be necessary (except on a question of adjournment) shall be presented to the president of the United States; and before the same shall take effect, shall be approved by him, or being disapproved Article I Section 7 (2010 Ed.) Article I Section 9 by him, shall be repassed by two-thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill. SECTION 8 POWERS OF CONGRESS. The congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; To borrow money on the credit of the United States; To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States; To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; To provide for the punishment of counterfeiting the securities and current coin of the United States; To establish post offices and post roads; To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; To constitute tribunals inferior to the supreme court; To define and punish piracies and felonies committed on the high seas, and of fences against the law of nations; To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; To provide and maintain a navy; To make rules for the government and regulation of the land and naval forces; To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions; To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress; To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings; and To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. Article I Section 8 SECTION 9 LIMITATIONS UPON POWERS OF CONGRESS. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year one thousand eight hundred and eight, but a tax or duty may Article I Section 9 [Vol. 1 RCW—page 3] Article I Section 10 Constitution of the United States of America be imposed on such importation, not exceeding ten dollars for each person. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. No bill of attainder or ex post facto law shall be passed. No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another nor shall vessels bound to, or from, one state, be obliged to enter, clear, or pay duties in another. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. No title of nobility shall be granted by the United States: And no person holding any office of profit or trust under them, shall, without the consent of the congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. SECTION 10 RESTRICTIONS UPON POWERS OF STATES. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. No state shall, without the consent of the congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the congress. No state shall, without the consent of congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. Article I Section 10 Article II SECTION 1 EXECUTIVE POWER, ELECTION, QUALIFICATIONS OF THE PRESIDENT. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years, and, together with the vice president, chosen for the same term, be elected, as follows Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the congress: but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. Article I Section 1 [Vol. 1 RCW—page 4] The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately choose by ballot one of them for president; and if no person have a majority, then from the five highest on the list the said house shall in like manner choose the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice president. But if there should remain two or more who have equal votes, the senate shall choose from them by ballot the vice president.* The congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice president, and the congress may by law provide for the case of removal, death, resignation or inability, both of the president and vice president, declaring what officer shall then act as president, and such officer shall act accordingly, until the disability be removed, or a president shall be elected. The president shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. Before he enter on the execution of his office, he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States." *Note: Provisions superseded by Amendment XII. SECTION 2 POWERS OF THE PRESIDENT. The president shall be commander in chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United Article I Section 2 (2010 Ed.) Constitution of the United States of America States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the congress may by law vest the appointment of such inferior officers, as they think proper in the president alone, in the courts of law, or in the heads of departments. The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session. SECTION 3 POWERS AND DUTIES OF THE PRESIDENT. He shall from time to time give to the congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Article I Section 3 SECTION 4 IMPEACHMENT. The president, vice president and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Article I Section 4 Article IV Section 3 ferent states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.* In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed. *Note: Clause changed by Amendment XI. Article III Section 3 SECTION 3 TREASON, PROOF AND PUNISHMENT. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, 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 on confession in open court. The congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. Article IV Article IV Section 1 SECTION 1 FAITH AND CREDIT AMONG STATES. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. Article IV Section 2 Article III SECTION 1 JUDICIAL POWER, TENURE OF OFFICE. The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. Article III Section 1 SECTION 2 JURISDICTION. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and citizens of another state; between citizens of different states, between citizens of the same state claiming lands under grants of difArticle III Section 2 (2010 Ed.) SECTION 2 PRIVILEGES AND IMMUNITIES, FUGITIVES. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. Article IV Section 3 SECTION 3 ADMISSION OF NEW STATES. New states may be admitted by the congress into this union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the congress. [Vol. 1 RCW—page 5] Article IV Section 4 Constitution of the United States of America The congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. SECTION 4 GUARANTEE OF REPUBLICAN GOVERNMENT. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. Article IV Section 4 Article V AMENDMENT OF THE CONSTITUTION. The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate. of the independence of the United States of America the twelfth.* In witness whereof we have hereunto subscribed our names, GEO. WASHINGTON, President and Deputy from Virginia New Hampshire John Langdon Nicholas Gilman Massachusetts Nathaniel Gorham Rufus King Connecticut Wm. Saml. Johnson Roger Sherman New York Alexander Hamilton New Jersey Wil. Livingston David Brearley Wm. Paterson Jona. Dayton Pennsylvania B. Franklin Thomas Mifflin Robt. Morris Geo. Clymer Thos. FitzSimons Jared Ingersoll James Wilson Gouv. Morris *Note: The Constitution was submitted on September 17, 1787, by the Constitutional Convention, was ratified by the conventions of several states at various dates up to May 29, 1790, and became effective on March 4, 1789. Article VI DEBTS, SUPREMACY, OATH. All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the confederation. This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. Article VII RATIFICATION AND ESTABLISHMENT. The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same. Done in convention by the unanimous consent of the states present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty-seven and [Vol. 1 RCW—page 6] Delaware Geo. Read Gunning Bedford, Jr. John Dickinson Richard Bassett Jaco. Broom Maryland James McHenry Dan of St. Thos. Jenifer Danl. Carroll Virginia John Blair James Madison, Jr. North Carolina Wm. Blount Richd. Dobbs Spaight Hu. Williamson South Carolina J. Rutledge Charles Cotesworth Pinckney Charles Pinckney Pierce Butler Georgia William Few Abr. Baldwin Amendments to the Constitution of the United States 1791-1992 Amendment I AMENDMENT I FREEDOM OF RELIGION, OF SPEECH, AND OF THE PRESS. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Amendment II AMENDMENT II RIGHT TO KEEP AND BEAR ARMS. 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. (2010 Ed.) Constitution of the United States of America Amendment III AMENDMENT III QUARTERING OF SOLDIERS. No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV AMENDMENT IV SECURITY FROM UNWARRANTABLE SEARCH AND SEIZURE. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V AMENDMENT V RIGHTS OF ACCUSED IN CRIMINAL PROCEEDINGS. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment VI AMENDMENT VI RIGHT TO SPEEDY TRIAL, WITNESSES, ETC. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment VII AMENDMENT VII TRIAL BY JURY IN CIVIL CASES. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Amendment VIII AMENDMENT VIII BAILS, FINES, PUNISHMENTS. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX AMENDMENT IX RESERVATION OF RIGHTS OF THE PEOPLE. The enumeration in the Constitution, of certain rights, shall (2010 Ed.) Amendment XII not be construed to deny or disparage others retained by the people. Amendment X AMENDMENT X POWERS RESERVED TO STATES OR PEOPLE. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.* *Note: The first ten amendments were all proposed by congress on September 25, 1789, and were ratified and adoption certified on December 15, 1791. Amendment XI AMENDMENT XI RESTRICTION OF JUDICIAL POWERS. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.* *Note: Proposed by congress on March 4, 1794, and declared ratified on January 8, 1798. Amendment XII AMENDMENT XII ELECTION OF PRESIDENT AND VICE PRESIDENT. The electors shall meet in their respective states, and vote by ballot for president and vice president, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice president, and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; the president of the senate shall, in the presence of the senate and house of representatives, open all the certificates and the votes shall then be counted; the person having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice president shall act as president, as in the case of the death or other constitutional disability of the president. The person having the greatest number of votes as vice president, shall be the vice president, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no per[Vol. 1 RCW—page 7] Amendment XIII Constitution of the United States of America son constitutionally ineligible to the office of president shall be eligible to that of vice president of the United States.* *Note: Proposed by congress on December 9, 1803; declared ratified on September 25, 1804; supplemented by Amendment XX. Amendment XIII AMENDMENT XIII § 1 ABOLITION OF SLAVERY. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. § 2 POWER TO ENFORCE THIS ARTICLE. Congress shall have power to enforce this article by appropriate legislation.* *Note: Proposed by congress on January 31, 1865; declared ratified on December 18, 1865. Amendment XIV AMENDMENT XIV § 1 CITIZENSHIP RIGHTS NOT TO BE ABRIDGED BY STATES. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. § 4 WHAT PUBLIC DEBTS ARE VALID. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. § 5 POWER TO ENFORCE THIS ARTICLE. The congress shall have power to enforce, by appropriate legislation, the provisions of this article.* *Note: Proposed by congress on June 13, 1866; declared ratified on July 28, 1868. Amendment XV § 1 NEGRO SUFFRAGE. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude. § 2 POWER TO ENFORCE THIS ARTICLE. The congress shall have power to enforce this article by appropriate legislation.* *Note: Proposed by congress on February 26, 1869; declared ratified on March 30, 1870. Amendment XVI § 2 APPORTIONMENT OF REPRESENTATIVES IN CONGRESS. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for president and vice president of the United States, representatives in congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridges, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state. § 3 PERSONS DISQUALIFIED FROM HOLDING OFFICE. No person shall be a senator or representative in congress, or elector of president and vice president, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But congress may by a vote of two-thirds of each house, remove such disability. [Vol. 1 RCW—page 8] AMENDMENT XV AMENDMENT XVI AUTHORIZING INCOME TAXES. The congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.* *Note: Proposed by congress on July 12, 1909; declared ratified on February 25, 1913. Amendment XVII AMENDMENT XVII POPULAR ELECTION OF SENATORS. The senate of the United States shall be composed of two senators from each state, elected by the people thereof, for six years; and each senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures. When vacancies happen in the representation of any state in the senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, That the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. This amendment shall not be so construed as to affect the election or term of any senator chosen before it becomes valid as part of the Constitution.* *Note: Proposed by congress on May 13, 1912; declared ratified on May 31, 1913. (2010 Ed.) Constitution of the United States of America Amendment XVIII AMENDMENT XVIII § 1 NATIONAL LIQUOR PROHIBITION. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. § 2 POWER TO ENFORCE THIS ARTICLE. The congress and the several states shall have concurrent power to enforce this article by appropriate legislation. § 3 RATIFICATION WITHIN SEVEN YEARS. This article shall be inoperative until it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the congress.* *Note: Proposed by congress on December 18, 1917; declared ratified on January 29, 1919. Repealed by Amendment XXI. Amendment XIX AMENDMENT XIX WOMAN SUFFRAGE. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex. Congress shall have power to enforce this article by appropriate legislation.* *Note: Proposed by congress on June 4, 1919; declared ratified on August 26, 1920. Amendment XX AMENDMENT XX § 1 TERMS OF OFFICE. The terms of the president and vice president shall end at noon on the 20th day of January, and the terms of senators and representatives at noon on the 3rd day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. § 2 TIME OF CONVENING CONGRESS. The congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3rd day of January, unless they shall by law appoint a different day. § 3 DEATH OF PRESIDENT ELECT. If, at the time fixed for the beginning of the term of the president, the president elect shall have died, the vice president elect shall become president. If a president shall not have been chosen before the time fixed for the beginning of his term, or if the president elect shall have failed to qualify, then the vice president elect shall act as president until a president shall have qualified; and the congress may by law provide for the case wherein neither a president elect nor a vice president elect shall have qualified, declaring who shall then act as president, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a president or vice president shall have qualified. § 4 ELECTION OF THE PRESIDENT. The congress may by law provide for the case of the death of any of (2010 Ed.) Amendment XXII the persons from whom the house of representatives may choose a president whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the senate may choose a vice president whenever the right of choice shall have devolved upon them. § 5 Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article. § 6 This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission.* *Note: Proposed by congress on March 2, 1932; declared ratified on February 6, 1933. Amendment XXI AMENDMENT XXI § 1 NATIONAL LIQUOR PROHIBITION REPEALED. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. § 2 TRANSPORTATION OF LIQUOR INTO "DRY" STATES. The transportation or importation into any states, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. § 3 This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the congress.* *Note: Proposed by congress on February 20, 1933; declared ratified on December 5, 1933. Amendment XXII AMENDMENT XXII § 1 TERMS OF OFFICE OF PRESIDENT. No person shall be elected to the office of the president more than twice, and no person who held the office of president, or acted as president, for more than two years of a term to which some other person was elected president, shall be elected to the office of president more than once. But this article shall not apply to any person holding the office of president when this article was proposed by the congress, and shall not prevent any person who may be holding the office of president, or acting as president, during the term within which this article becomes operative from holding the office of president or acting as president during the remainder of such term. § 2 WHEN OPERATIVE. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the congress.* *Note: The certificate of adoption of the 22nd Amendment, dated March 1, 1951, was published in the Federal Register of March 3, 1951. [Vol. 1 RCW—page 9] Amendment XXIII Amendment XXIII Constitution of the United States of America AMENDMENT XXIII § 1 GRANTING REPRESENTATION IN THE ELECTORAL COLLEGE TO THE DISTRICT OF COLUMBIA. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment. § 2 LEGISLATION. The Congress shall have power to enforce this article by appropriate legislation.* *Note: The certificate of adoption of the 23rd Amendment, dated April 3, 1961, is published in Vol. 26 Federal Register, page 2808. Amendment XXIV AMENDMENT XXIV § 1 FAILURE TO PAY TAX SHALL NOT DENY RIGHT TO VOTE FOR FEDERAL OFFICES. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. § 2 LEGISLATION. The Congress shall have power to enforce this article by appropriate legislation.* *Note: The certificate of adoption of the 24th Amendment dated February 4, 1964, is published in Vol. 29 Federal Register, page 1715. Amendment XXV AMENDMENT XXV § 1 SUCCESSION TO THE PRESIDENCY. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. § 2 SUCCESSION TO THE VICE PRESIDENCY. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. § 3 PRESIDENT’S DECLARATION OF INABILITY TO DISCHARGE POWERS AND DUTIES OF OFFICE. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. DUTIES OF OFFICE. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.* *Note: The certificate of adoption of the 25th Amendment dated February 23, 1967, is published in Vol. 32 Federal Register, page 3287. Amendment XXVI AMENDMENT XXVI § 1 EXTENDING THE RIGHT TO VOTE TO CITIZENS EIGHTEEN YEARS OF AGE OR OLDER. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. § 2 LEGISLATION. The Congress shall have power to enforce this article by appropriate legislation.* *Note: The certificate of adoption of the 26th Amendment dated July 5, 1971, is published in Vol. 36, No. 130, Federal Register, page 12726. Amendment XXVII AMENDMENT XXVII COMPENSATION OF MEMBERS OF CONGRESS. No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.* *Note: The certification of adoption of the 27th Amendment dated May 18, 1992, is published in Vol. 57, No. 97, Federal Register, page 21187. § 4 DETERMINATION THAT PRESIDENT IS UNABLE TO DISCHARGE THE POWERS AND [Vol. 1 RCW—page 10] (2010 Ed.) ORGANIC ACT Reviser’s note: The original organic act to establish the territorial government of Washington is set forth herein. Note however that the organic act was completely revised in the 1873 United States Revised Statutes which was enacted by Congress in 1874. The 1873 United States Revised Statutes contained a construction section (Title 74, section 5596) which has been construed by the United States Supreme Court (Dwight v. Merrit, 140 U.S. 213, 11 S.Ct. 768, 35 L.Ed. 45) as abrogating or repealing all prior statutes on the same subject as those revised. As the twenty-one sections of the original organic act were rewritten and combined with the organic acts of other territories the disposition of the original sections into the 1873 United States Revised Statutes cannot be traced with absolute accuracy. A schedule of the disposition of the original organic act sections based on the audit contained in the United States Revised Statutes of 1878, is published herein following section 21 of the organic act. AN ACT TO ESTABLISH THE TERRITORIAL GOVERNMENT OF WASHINGTON. (Approved March 2, 1853.) [10 U.S. Statutes at Large, c 90 p 172.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act, all that portion of Oregon Territory lying and being south of the forty-ninth degree of north latitude, and north of the middle of the main channel of the Columbia River, from its mouth to where the forty-sixth degree of north latitude crosses said river, near Fort Wallawalla, thence with said forty-sixth degree of latitude to the summit of the Rocky Mountains, be organized into and constitute a temporary government by the name of the Territory of Washington: Provided, That nothing in this act contained shall be construed to affect the authority of the government of the United States to make any regulation respecting the Indians of said Territory, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to the government to make if this act had never been passed: Provided further, That the title to the land, not exceeding six hundred and forty acres, now occupied as missionary stations among the Indian tribes in said Territory, or that may have been so occupied as missionary stations prior to the passage of the act establishing the Territorial government of Oregon, together with the improvements thereon, be, and is hereby, confirmed and established to the several religious societies to which said missionary stations respectively belong. SEC. 2. And be it further enacted, That the executive power and authority in and over said Territory of Washington shall be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside in said Territory, shall be the commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of Superintendent of Indian Affairs; he may grant pardons and remit fines and forfeitures for offenses against the laws of said Territory, and respites for offenses against the laws of the United States until the decision of the President can be made known (2010 Ed.) thereon; he shall commission all officers who shall be appointed to office under the laws of the said Territory, where, by law, such commissions shall be required, and shall take care that the laws be faithfully executed. SEC. 3. And be it further enacted, That there shall be a Secretary of said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the Legislative Assembly hereinafter constituted, and all the acts and proceedings of the Governor in his Executive department; he shall transmit one copy of the laws and journals of the Legislative Assembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence semi-annually, on the first days of January and July in each year, to the President of the United States, and two copies of the laws to the President of the Senate and to the Speaker of the House of Representatives, for the use of Congress. And in case of the death, removal, resignation, or absence of the Governor from the Territory, the Secretary shall be, and he is hereby, authorized and required to execute and perform all the powers and duties of the Governor during such vacancy or absence, or until another Governor shall be duly appointed and qualified to fill such vacancy. SEC. 4. And be it further enacted, That the Legislative power and authority of said Territory shall be vested in a Legislative Assembly, which shall consist of a Council and House of Representatives. The Council shall consist of nine members, having the qualifications of voters, as hereinafter prescribed, whose term of service shall continue three years. Immediately after they shall be assembled, in consequence of their first election, they shall be divided as equally as may be into three classes. The seats of the members of Council of the first class, shall be vacated at the expiration of the first year, of the second class at the expiration of the second year, and of the third class at the expiration of the third year, so that one third may be chosen every year; and if vacancies happen, by resignation or otherwise, the same shall be filled at the next ensuing election. The House of Representatives shall, at its first session, consist of eighteen members, possessing the same qualifications as prescribed for members of the Council, and whose term of service shall continue one year. The number of representatives may be increased by the Legislative Assembly, from time to time, in proportion to the increase of qualified voters: Provided, That the whole number shall never exceed thirty. An apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the Council and Representatives, giving to each section of the Territory representation in the ratio of its qualified voters, as nearly as may be. And the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, the district or county or counties, for which they may be elected, respec[Vol. 1 RCW—page 11] Organic Act tively. Previous to the first election, the Governor shall cause a census or enumeration of the inhabitants and qualified voters of the several counties and districts of the Territory to be taken, by such persons, and in such mode, as the Governor shall designate and appoint; and the persons so appointed shall receive a reasonable compensation therefor. And the first election shall be held at such time and places, and be conducted in such manner, both as to the persons who shall superintend such election and the returns thereof, as the Governor shall appoint and direct; and he shall at the same time declare the number of members of the Council and House of Representatives to which each of the counties or districts shall be entitled under this act; and the Governor shall, by his proclamation, give at least sixty days’ previous notice of such apportionment, and of the time, places, and manner of holding such election. The persons having the highest number of legal votes in each of said council districts for members of the Council shall be declared by the Governor to be duly elected to the Council, and the persons having the highest number of legal votes for the House of Representatives shall be declared by the Governor to be duly elected members of said House: Provided, That in case two or more persons voted for shall have an equal number of votes, and in case a vacancy shall otherwise occur in either branch of the Legislative Assembly, the Governor shall order a new election; and the persons thus elected to the Legislative Assembly shall meet at such place, and on such day, within ninety days after such elections, as the Governor shall appoint. But thereafter the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the Council and House of Representatives, according to the number of qualified voters, shall be prescribed by law, as well as the day of the commencement of the regular session of the Legislative Assembly: Provided, That no session in any one year shall exceed the term of sixty days, except the first session, which shall not exceed one hundred days. SEC. 5. And be it further enacted, That every white male inhabitant above the age of twenty-one years, who shall have been a resident of said Territory at the time of the passage of this act, and shall possess the qualifications hereinafter prescribed, shall be entitled to vote at the first election, and shall be eligible to any office within the said Territory; but the qualifications of voters and of holding office at all subsequent elections shall be such as shall be prescribed by the Legislative Assembly: Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States above the age of twenty-one years, and those above that age who shall have declared on oath their intention to become such, and shall have taken an oath to support the Constitution of the United States and the provisions of this act: And provided further, That no officer, soldier, seaman, mariner, or other person in the army or navy of the United States, or attached to troops in the service of the United States, shall be allowed to vote in said Territory, by reason of being on service therein, unless said Territory is, and has been for the period of six months, his permanent domicil: Provided further, That no person belonging to the army or navy of the United States shall ever be elected to or hold any civil office or appointment in said Territory. [Vol. 1 RCW—page 12] SEC. 6. And be it further enacted, That the Legislative power of the Territory shall extend to all rightful subjects of legislation not inconsistent with the Constitution and laws of the United States. But no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of nonresidents be taxed higher than the lands or other property of residents. All the laws passed by the Legislative Assembly shall be submitted to the Congress of the United States, and, if disapproved, shall be null and of no effect: Provided, That nothing in this act shall be construed to give power to incorporate a bank or any institution with banking powers, or to borrow money in the name of the Territory, or to pledge the faith of the people of the same for any loan whatever, directly or indirectly. No charter granting any privileges of making, issuing, or putting into circulation any notes or bills in the likeness of bank-notes, or any bonds, scrip, drafts, bills of exchange, or obligations, or granting any other banking powers or privileges, shall be passed by the Legislative Assembly; nor shall the establishment of any branch or agency of any such corporation, derived from other authority, be allowed in said Territory; nor shall said Legislative Assembly authorize the issue of any obligation, scrip, or evidence of debt, by said Territory, in any mode or manner whatever, except certificates for service to said Territory. And all such laws, or any law or laws inconsistent with the provisions of this act, shall be utterly null and void. And all taxes shall be equal and uniform; and no distinctions shall be made in the assessments between different kinds of property, but the assessments shall be according to the value thereof. To avoid improper influences, which may result from intermixing in one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title. SEC. 7. And be it further enacted, That all township, district, and county officers not herein otherwise provided for, shall be appointed or elected in such manner as shall be provided by the Legislative Assembly of the Territory of Washington. SEC. 8. And be it further enacted, That no member of the Legislative Assembly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected and for one year after the expiration of such term; but this restriction shall not be applicable to members of the first Legislative Assembly; and no person holding a commission or appointment under the United States shall be a member of the Legislative Assembly, or shall hold any office under the government of said Territory. SEC. 9. And be it further enacted, That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually, and they shall hold their offices during the period of four years, and until their successors shall be (2010 Ed.) Organic Act appointed and qualified. The said Territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the supreme court, at such times and places as may be prescribed by law; and the said judges shall, after their appointments, respectively reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any case in which the title to land shall in any wise come in question, or where the debt or damages claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively shall possess chancery as well as common-law jurisdiction. Each district court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals, shall be allowed in all cases from the final decisions of said district court to the supreme court under such regulations as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court, or the justices thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error, and appeals from the final decisions of said supreme court, shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the circuit court of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed two thousand dollars, and in all cases where the constitution of the United States, or acts of Congress, or a treaty of the United States, is brought in question; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution of the United States and the laws of said Territory, as is vested in the circuit and district courts of the United States; writs of error and appeal in all such cases shall be made to the supreme court of said Territory the same as in other cases. Writs of error, and appeals from the final decisions of said supreme court, shall be allowed and may be taken to the supreme court of the United States in the same manner as from the circuit courts of the United States, where the value of the property, or the amount in controversy, shall exceed two thousand dollars, and each of said district courts shall have and exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States, as is vested in the circuit and district courts of the United States; and also of all cases arising under the laws of said Territory, and otherwise. The said clerk shall receive in all such cases the same fees which the clerks of the district courts of the Territory of Oregon receive for similar services. SEC. 10. And be it further enacted, That there shall be appointed an attorney for said Territory, who shall continue in office for four years and until his successor shall be appointed and qualified, unless sooner removed by the President, and who shall receive the same fees and salary as is provided by law for the attorney of the United States for the Territory of Oregon. There shall also be a marshal for the Terri(2010 Ed.) tory appointed, who shall hold his office for four years and until his successor shall be appointed and qualified, unless sooner removed by the President, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulation and penalties, and be entitled to the same fees, as are provided by law for the marshal of the Territory of Oregon, and shall, in addition, be paid the sum of two hundred dollars annually as a compensation for extra services. SEC. 11. And be it further enacted, That the governor, secretary, chief justice, and associate justices, attorney, and marshal, shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of the United States. The governor and secretary to be appointed as aforesaid shall, before they act as such, respectively take an oath or affirmation before the district judge, or some justice of the peace in the limits of said Territory duly authorized to administer oaths and affirmations by the laws in force therein, or before the chief justice or some associate justice of the supreme court of the United States, to support the constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person before whom the same shall have been taken; and such certificates shall be received and recorded by the said Secretary among the executive proceedings; and the Chief Justice and Associate Justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said Governor or Secretary, or some judge or justice of the peace of the Territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted, by the person taking the same, to the Secretary, to be by him recorded as aforesaid; and afterwards, the like oath or affirmation shall be taken, certified and recorded in such manner and form as may be prescribed by law. The Governor shall receive an annual salary of fifteen hundred dollars as Governor, and fifteen hundred dollars as Superintendent of Indian affairs. The Chief Justice, and Associate Justices, shall each receive an annual salary of two thousand dollars. The Secretary shall receive an annual salary of fifteen hundred dollars. The said salaries shall be paid quarterly, from the dates of the respective appointments, at the Treasury of the United States; but no such payment shall be made until said officers shall have entered upon the duties of their respective appointments. The members of the legislative assembly shall be entitled to receive three dollars each per day during their attendance at the session thereof, and three dollars each for every twenty miles’ travel in going to and returning from said sessions, estimated according to the nearest usually traveled route. And a chief clerk, one assistant clerk, a sergeant-at-arms, and door-keeper, may be chosen for each house; and the chief clerk shall receive five dollars per day, and the said other officers three dollars per day, during the session of the legislative assembly; but no other officers shall be paid by the United States: Provided, That there shall be but one session of the legislative assembly annually, unless, on an extraordinary occasion, the Governor shall deem it expedient and proper to call the legislature together. There shall be appropriated, annually, the sum of fifteen hundred [Vol. 1 RCW—page 13] Organic Act dollars, to be expended by the Governor, to defray the contingent expenses of the Territory, including the salary of a clerk of the executive department; and there shall also be appropriated, annually, a sufficient sum to be expended by the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental expenses; and the Governor and Secretary of the Territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the Secretary of the Treasury of the United States, and shall, semi-annually, account to the said Secretary for the manner in which the aforesaid sums of money shall have been expended; and no expenditure, to be paid out of money appropriated by Congress, shall be made by said legislative assembly for objects not specially authorized by the acts of Congress making the appropriations, nor beyond the sums thus appropriated for such objects. SEC. 12. And be it further enacted, That the laws now in force in said Territory of Washington, by virtue of the legislation of Congress in reference to the Territory of Oregon, which have been enacted and passed subsequent to the first day of September, eighteen hundred and forty-eight, applicable to the said Territory of Washington, together with the legislative enactments of the Territory of Oregon, enacted and passed prior to the passage of, and not inconsistent with, the provisions of this act, and applicable to the said Territory of Washington, be, and they are hereby, continued in force in said Territory of Washington until they shall be repealed or amended by future legislation. SEC. 13. And be it further enacted, That the legislative assembly of the Territory of Washington shall hold its first session at such time and place in said Territory as the Governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the legislative assembly shall proceed to locate and establish the seat of government for said Territory, at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by said legislative assembly. And the sum of five thousand dollars, out of any money in the Treasury not otherwise appropriated, is hereby appropriated and granted to said Territory of Washington, to be there applied by the Governor to the erection of suitable buildings at the seat of government. SEC. 14. And be it further enacted, That a delegate to the House of Representatives of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as have been heretofore exercised and enjoyed by the delegates from the several other Territories of the United States to the House of Representatives, but the delegate first elected shall hold his seat only during the term of the Congress to which he shall be elected. The first election shall be held at such time, and places, and be conducted in such manner, as the Governor shall appoint and direct; of which, and the time, place, and manner of holding such elections, he shall give at least sixty days’ notice by [Vol. 1 RCW—page 14] proclamation; and at all subsequent elections the time, places, and manner of holding the elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the Governor to be duly elected, and a certificate thereof shall be given accordingly. The delegate from said Territory shall be entitled to receive the same per diem compensation and mileage at present allowed the delegate from the Territory of Oregon. SEC. 15. And be it further enacted, That all suits, plaints, process, and proceedings, civil and criminal, at law and in chancery, and all indictments and informations, which shall be pending and undetermined in the courts established within and for said Territory of Oregon, by act of Congress, entitled "An act to establish the territorial government of Oregon," approved August fourteen, one thousand eight hundred and forty-eight, wherein the venue in said cases, suits at law, or in chancery, or criminal proceedings, shall be included within the limits hereinbefore declared and established for the said Territory of Washington; then, and in that case, said actions so pending in the Supreme or Circuit Courts of the Territory of Oregon shall be, by the clerks of said courts, duly certified to the proper courts of said Territory of Washington; and thereupon said causes shall, in all things concerning the same, be proceeded on, and judgments, verdicts, decrees, and sentences rendered thereon, in the same manner as if the said Territory had not been divided. All bonds, recognizances, and obligations of every kind whatsoever, valid, under the existing laws, within the limits of said Territory of Oregon, shall be held valid under this act, and all crimes and misdemeanors against the laws now in force within the said limits of the Territory of Washington may be prosecuted, tried, and punished in the courts established by this act, and all penalties, forfeitures, actions, and causes of action, may be recovered and enforced, under this act, before the Supreme and Circuit Courts established by this act as aforesaid: Provided, That no right of action whatever shall accrue against any person for any act done in pursuance of any law heretofore passed by the legislative assembly of the Territory of Oregon, and which may be declared contrary to the Constitution or laws of the United States. SEC. 16. And be it further enacted, That all justices of the peace, constables, sheriffs, and other judicial and ministerial officers, who shall be in office within the limits of said Territory of Washington when this act shall take effect, shall be and they are hereby authorized and required to continue to exercise and perform the duties of their respective offices, as officers of said Territory, until they or others shall be duly elected or appointed, and qualified, to fill their places in the manner herein directed, or until their offices shall be abolished. SEC. 17. And be it further enacted, That the sum of five thousand dollars be, and the same is hereby, appropriated out of any moneys in the Treasury not otherwise appropriated, to be expended, by and under the direction of the Governor of Washington, in the purchase of a library, to be kept at the seat of government for the use of the Governor, legislative assembly, Judges of the Supreme Court, secretary, marshal, and (2010 Ed.) Organic Act Attorney of said Territory, and such other persons, and under such regulations, as shall be prescribed by law. SEC. 18. And be it further enacted, That until otherwise provided for by law, the Governor of said Territory may define the judicial districts of said Territory, and assign the judges who may be appointed for said Territory to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts by proclamation, to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem expedient and proper. Organic Act of 1853 (10 St. at Large 172) Section 3 Section 4 1873 Revised Statutes § 1843 § 1844 § 1846 § 1847 § 1848 § 1849 § 1922 § 1923 Section 5 § 1859 Section 6 § § 1860 1850 § 1851 § 1924 SEC. 19. And be it further enacted, That all officers to be appointed by the President, by and with the advice and consent of the Senate, for the Territory of Washington, who, by virtue of the provisions of any law of Congress now existing, or which may be enacted during the present session of Congress, are required to give security for moneys that may be intrusted with them for disbursement, shall give such security at such time and place, and in such manner, as the Secretary of the Treasury may prescribe. SEC. 20. And be it further enacted, That when the lands in said Territory shall be surveyed under the direction of the Government of the United States preparatory to bringing the same into market or otherwise disposing thereof, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to common schools in said Territory. And in all cases where said sections sixteen and thirty-six, or either or any of them, shall be occupied by actual settlers prior to survey thereof, the County Commissioners of the counties in which said sections so occupied as aforesaid are situated, be, and they are hereby, authorized to locate other lands to an equal amount in sections, or fractional sections, as the case may be, within their respective counties, in lieu of said sections so occupied as aforesaid. SEC. 21. And be it further enacted, That the Territory of Oregon and the Territory of Washington shall have concurrent jurisdiction over all offenses committed on the Columbia River, where said river forms a common boundary between said Territories. Section 7 Section 8 Section 9 Approved, March 2, 1853. [10 U.S. Statutes at Large, c 90 p 172.] Disposition of Organic Act of 1853: Organic Act of 1853 (10 St. at Large 172) Section 1 Section 2 (2010 Ed.) 1873 Revised Statutes § 1839 § 1840 § 1898 § 1841 Repealed by Repealed by 47 S.L. 1429 Placement in United States Code T.48 § 1451 T.48 § 1452 T.48 § 1453 Section 10 Section 11 1857 1854 1860 1854 1868 1864 702, 1865, 1866, 1867, 1869, 1870, 1871, 1872, 1883, 1907, 1909, 1910, 1911, 1912, 1926 §§ 1875,1876, 1881, 1882 § 1877 Repealed by Repealed by 47 S.L. 1429 and in part 20 S.L. 193 Repealed by 47 S.L. 1429 and in part 20 S.L. 193 Repealed by 47 S.L. 1429 and in part 20 S.L. 193 Repealed by 47 S.L. 1429 and in part 20 S.L. 193 Repealed by 47 S.L. 1429 and in part 20 S.L. 193 Repealed by 47 S.L. 1429 and in part 20 S.L. 193 Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 § § § § § § §§ § 1878 Placement in United States Code T.48 § 1454 T.48 § 1455 T.48 § 1458 T.48 § 1460 T.48 § 1460a T.48 § 1463 T.48 § 1463a Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 T.48 § 1465 T.48 § 1453 [Vol. 1 RCW—page 15] Organic Act Organic Act of 1853 (10 St. at Large 172) 1873 Revised Statutes § 1938 § 1940 § 1941 Section 12 § 1852 Section 13 § 1885 § 1944 § 1862 § 1863 § 1906 Section 14 Section 15 Section 16 Section 17 No record No record § 1953 Section 18 § 1873 §§ 1913, 1918 Section 19 § 1951 Section 20 § 1947 Section 21 § 1950 [Vol. 1 RCW—page 16] Repealed by Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 No record No record Repealed by 47 S.L. 1429 Placement in United States Code No record No record T.48 § 1453a Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 Repealed by 47 S.L. 1429 (2010 Ed.) ENABLING ACT AN ACT to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States. (Approved February 22, 1889.) [25 U.S. Statutes at Large, c 180 p 676.] [President’s proclamation declaring Washington a state: 26 St. at Large, Proclamations, p 10, Nov. 11, 1889.] respectively shall be seventy-five; and all persons resident in said proposed States, who are qualified voters of said Territories as herein provided, shall be entitled to vote upon the election of delegates, and under such rules and regulations as said conventions may prescribe, not in conflict with this act, upon the ratification or rejection of the constitutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of all that part of the area of the United States now constituting the Territories of Dakota, Montana, and Washington, as at present described, may become the States of North Dakota, South Dakota, Montana, and Washington, respectively, as hereinafter provided. SEC. 4. That the delegates to the conventions elected as provided for in this act shall meet at the seat of government of each of said Territories, except the delegates elected in South Dakota, who shall meet at the city of Sioux Falls, on the fourth day of July, eighteen hundred and eighty-nine, and, after organization, shall declare, on behalf of the people of said proposed States, that they adopt the Constitution of the United States; whereupon the said conventions shall be, and are hereby, authorized to form constitutions and States governments for said proposed states, respectively. The constitutions shall be republican in form, and make no distinction in civil or political rights on account of race or color, except as to Indians not taxed, and not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. And said conventions shall provide, by ordinances irrevocable without the consent of the United States and the people of said States: First. That perfect toleration of religious sentiment shall be secured and that no inhabitant of said States shall ever be molested in person or property on account of his or her mode of religious worship. Second. That the people inhabiting said proposed States do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, 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; that the lands belonging to citizens of the United States residing without the said States shall never be taxed at a higher rate than the lands belonging to residents thereof; that no taxes shall be imposed by the States on lands or property therein belonging to or which may hereafter be purchased by the United States or reserved for its use. But nothing herein, or in the ordinances herein provided for, shall preclude the said States 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; but said ordinances shall provide that all such lands shall be exempt from taxation by said States so long and to such extent as such act of Congress may prescribe. SEC. 2. The area comprising the Territory of Dakota shall, for the purposes of this act, be divided on the line of the seventh standard parallel produced due west to the western boundary of said Territory; and the delegates elected as hereinafter provided to the constitutional convention in districts north of said parallel shall assemble in convention, at the time prescribed in this act, at the city of Bismarck; and the delegates elected in districts south of said parallel shall, at the same time, assemble in convention at the city of Sioux Falls. SEC. 3. That all persons who are qualified by the laws of said Territories to vote for representatives to the legislative assemblies thereof, are hereby authorized to vote for and choose delegates to form conventions in said proposed States; and the qualifications for delegates to such conventions shall be such as by the laws of said Territories respectively persons are required to possess to be eligible to the legislative assemblies thereof; and the aforesaid delegates to form said conventions shall be apportioned within the limits of the proposed States, in such districts as may be established as herein provided, in proportion to the population in each of said counties and districts, as near as may be, to be ascertained at the time of making said apportionments by the persons hereinafter authorized to make the same, from the best information obtainable, in each of which districts three delegates shall be elected, but no elector shall vote for more than two persons for delegates to such conventions; that said apportionments shall be made by the governor, the chief-justice, and the secretary of said Territories; and the governors of said Territories shall, by proclamation, order an election of the delegates aforesaid in each of said proposed States, to be held on the Tuesday after the second Monday in May, eighteen hundred and eighty-nine, which proclamation shall be issued on the fifteenth day of April, eighteen hundred and eighty-nine; and such election shall be conducted, the returns made, the result ascertained, and the certificates to persons elected to such convention issued in the same manner as is prescribed by the laws of the said Territories regulating elections therein for Delegates to Congress; and the number of votes cast for delegates in each precinct shall also be returned. The number of delegates to said conventions (2010 Ed.) [Vol. 1 RCW—page 17] Enabling Act Third. That the debts and liabilities of said Territories shall be assumed and paid by said States, respectively. Fourth. That provision shall be made for the establishment and maintenance of systems of public schools, which shall be open to all the children of said States, and free from sectarian control. SEC. 5. That the convention which shall assemble at Bismarck shall form a constitution and State government for a State to be known as North Dakota, and the convention which shall assemble at Sioux Falls shall form a constitution and State government for a State to be known as South Dakota: Provided, That at the election for delegates to the constitutional convention in South Dakota, as hereinbefore provided, each elector may have written or printed on his ballot the words "For the Sioux Falls constitution," or the words "Against the Sioux Falls constitution," and the votes on this question shall be returned and canvassed in the same manner as for the election provided for in section three of this act; and if a majority of all votes cast on this question shall be "for the Sioux Falls constitution" it shall be the duty of the convention which may assemble at Sioux Falls, as herein provided, to resubmit to the people of South Dakota, for ratification or rejection at the election hereinafter provided for in this act, the constitution framed at Sioux Falls and adopted November third, eighteen hundred and eighty-five, and also the articles and propositions separately submitted at the election, including the question of locating the temporary seat of government, with such changes only as relate to the name and boundary of the proposed State, to the re-apportionment of the judicial and legislative districts, and such amendments as may be necessary in order to comply with the provisions of this act; and if a majority of the votes cast on the ratification or rejection of the constitution shall be for the constitution irrespective of the articles separately submitted, the State of South Dakota shall be admitted as a State in the Union under said constitution as hereinafter provided; but the archives, records, and books of the Territory of Dakota shall remain at Bismarck, the capital of North Dakota, until an agreement in reference thereto is reached by said States. But if at the election for delegates to the constitutional convention in South Dakota a majority of all the votes cast at that election shall be "against the Sioux Falls constitution", then and in that event it shall be the duty of the convention which will assemble at the city of Sioux Falls on the fourth day of July, eighteen hundred and eighty-nine, to proceed to form a constitution and State government as provided in this act the same as if that question had not been submitted to a vote of the people of South Dakota. SEC. 6. It shall be the duty of the constitutional conventions of North Dakota and South Dakota to appoint a joint commission, to be composed of not less than three members of each convention, whose duty it shall be to assemble at Bismarck, the present seat of government of said Territory, and agree upon an equitable division of all property belonging to the Territory of Dakota, the disposition of all public records, and also adjust and agree upon the amount of the debts and liabilities of the Territory, which shall be assumed and paid by each of the proposed States of North Dakota and South Dakota; and the agreement reached respecting the Territorial debts and liabilities shall be incorporated in the respective [Vol. 1 RCW—page 18] constitutions, and each of said States shall obligate itself to pay its proportion of such debts and liabilities the same as if they had been created by such States respectively. SEC. 7. If the constitutions formed for both North Dakota and South Dakota shall be rejected by the people at the elections for the ratification or rejection of their respective constitutions as provided for in this act, the Territorial government of Dakota shall continue in existence the same as if this act had not been passed. But if the constitution formed for either North Dakota or South Dakota shall be rejected by the people, that part of the Territory so rejecting its proposed constitution shall continue under the Territorial government of the present Territory of Dakota, but shall, after the State adopting its constitution is admitted into the Union, be called by the name of the Territory of North Dakota or South Dakota, as the case may be: Provided, That if either of the proposed States provided for in this act shall reject the constitution which may be submitted for ratification or rejection at the election provided therefor, the governor of the Territory in which such proposed constitution was rejected shall issue his proclamation reconvening the delegates elected to the convention which formed such rejected constitution, fixing the time and place at which said delegates shall assemble; and when so assembled they shall proceed to form another constitution or to amend the rejected constitution, and shall submit such new constitution or amended constitution to the people of the proposed State for ratification or rejection, at such time as said convention may determine; and all the provisions of this act, so far as applicable, shall apply to such convention so reassembled and to the constitution which may be formed, its ratification or rejection, and to the admission of the proposed State. SEC. 8. That the constitutional convention which may assemble in South Dakota shall provide by ordinance for resubmitting the Sioux Falls constitution of eighteen hundred and eighty-five, after having amended the same as provided in section five of this act, to the people of South Dakota for ratification or rejection at an election to be held therein on the first Tuesday in October, eighteen hundred and eighty-nine; but if said constitutional convention is authorized and required to form a new constitution for South Dakota it shall provide for submitting the same in like manner to the people of South Dakota for ratification or rejection at an election to be held in said proposed State on the said first Tuesday in October. And the constitutional conventions which may assemble in North Dakota, Montana, and Washington shall provide in like manner for submitting the constitutions formed by them to the people of said proposed States, respectively, for ratification or rejection at elections to be held in said proposed States on the said first Tuesday in October. At the elections provided for in this section the qualified voters of said proposed States shall vote directly for or against the proposed constitutions, and for or against any articles or propositions separately submitted. The returns of said elections shall be made to the secretary of each of said Territories, who with the governor and chief-justice thereof, or any two of them, shall canvass the same; and if a majority of the legal votes cast shall be for the constitution the governor shall certify the result to the President of the United States, together with a statement of the votes cast thereon and upon separate (2010 Ed.) Enabling Act articles or propositions, and a copy of said constitution, articles, propositions, and ordinances. And if the constitutions and governments of said proposed States are republican in form, and if all the provisions of this act have been complied with in the formation thereof, it shall be the duty of the President of the United States to issue his proclamation announcing the result of the election in each, and thereupon the proposed States which have adopted constitutions and formed State governments as herein provided shall be deemed admitted by Congress into the Union under and by virtue of this act on an equal footing with the original States from and after the date of said proclamation. SEC. 9. That until the next general census, or until otherwise provided by law, said States shall be entitled to one Representative in the House of Representatives of the United States, except South Dakota, which shall be entitled to two; and the Representatives to the fifty-first Congress, together with the governors and other officers provided for in said constitutions, may be elected on the same day of the election for the ratification or rejection of the constitutions; and until said State officers are elected and qualified under the provisions of each constitution and the States, respectively, are admitted into the Union, the Territorial officers shall continue to discharge the duties of their respective offices in each of said Territories. SEC. 10. That upon the admission of each of said States into the Union sections numbered sixteen and thirty-six in every township of said proposed States, and where such sections, or any parts thereof, have been sold or otherwise disposed of by or under the authority of any act of Congress, other lands equivalent thereto, in legal subdivisions of not less than one-quarter section, and as contiguous as may be to the section in lieu of which the same is taken, are hereby granted to said States for the support of common schools, such indemnity lands to be selected within said States in such manner as the legislature may provide, with the approval of the Secretary of the Interior: Provided, That the sixteenth and thirty-sixth sections embraced in permanent reservations for national purposes shall not, at any time, be subject to the grants nor to the indemnity provisions of this act, nor shall any lands embraced in Indian, military, or other reservations of any character be subject to the grants or to the indemnity provisions of this act until the reservation shall have been extinguished and such lands be restored to, and become a part of, the public domain. SEC. 11. That all lands herein granted for educational purposes shall be disposed of only at public sale, and at a price not less than ten dollars per acre, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools. But said lands may, under such regulations as the legislatures shall prescribe, be leased for periods of not more than five years, in quantities not exceeding one section to any one person or company; and such land shall not be subject to pre-emption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsurveyed, but shall be reserved for school purposes only. Reviser’s note: Section 11 has at various times been amended by Congress as follows: (2010 Ed.) (1) August 11, 1921: AN ACT To amend an Act approved February 22, 1889, entitled "An Act to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments, and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 11 of the Act entitled "An Act to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments, and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States," approved February 22, 1889, be, and the same hereby is, amended by adding the following: Provided, however, That the State may, upon such terms as it may prescribe, grant such easements or rights in such lands as may be acquired in, to, or over the lands of private properties through proceedings in eminent domain: And provided further, That any of such granted lands found, after title thereto has vested in the State, to be mineral in character, may be leased for a period not longer than twenty years upon such terms and conditions as the legislature may prescribe. [42 U.S. Statutes at Large, c 61 p 158. Approved, August 11, 1921.] (2) May 7, 1932: AN ACT To amend section 11 of the Act approved February 22, 1889 (25 Stat. 676), relating to the admission into the Union of the States of North Dakota, South Dakota, Montana, and Washington. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 11 of the Act approved February 22, 1889 (25 Stat. 676), be, and the same is hereby, amended to read as follows: "That all lands granted by this Act shall be disposed of only at public sale after advertising - tillable lands capable of producing agricultural crops for not less than $10 per acre and lands principally valuable for grazing purposes for not less than $5 per acre. Any of the said lands may be exchanged for other lands, public or private, of equal value and as near as may be of equal area, but if any of the said lands are exchanged with the United States such exchange shall be limited to surveyed, nonmineral, unreserved public lands of the United States within the State. "The said lands may be leased under such regulations as the legislature may prescribe; but leases for grazing and agricultural purposes shall not be for a term longer than five years; mineral leases, including leases for exploration for oil and gas and the extraction thereof, for a term not longer than twenty years; and leases for development of hydroelectric power for a term not longer than fifty years. "The State may also, upon such terms as it may prescribe, grant such easements or rights in any of the lands granted by this Act, as may be acquired in privately owned lands through proceedings in eminent domain: Provided, however, That none of such lands, nor any estate or interest therein, shall ever be disposed of except in pursuance of general laws providing for such disposition, nor unless the full market value of the estate or interest disposed of, to be ascertained in such manner as may be provided by law, has been paid or safely secured to the State. "With the exception of the lands granted for public buildings, the proceeds from the sale and other permanent disposition of any of the said lands and from every part thereof, shall constitute permanent funds for the support and maintenance of the public schools and the various State institutions for which the lands have been granted. Rentals on leased lands, interest on deferred payments on lands sold, interest on funds arising from these lands, and all other actual income, shall be available for the maintenance and support of such schools and institutions. Any State may, however, in its discretion, add a portion of the annual income to the permanent funds. "The lands hereby granted shall not be subject to preemption, homestead entry, or any other entry under the land laws of the United States whether surveyed or unsurveyed, but shall be reserved for the purposes for which they have been granted." SEC. 2. Anything in the said Act approved February 22, 1889, inconsistent with the provisions of this Act is hereby repealed. [47 U.S. Statutes at Large c 172 p 150. Approved, May 7, 1932.] (3) June 25, 1938: AN ACT To increase the period for which leases may be made for grazing and agricultural purposes of public lands donated to the States of [Vol. 1 RCW—page 19] Enabling Act North Dakota, South Dakota, Montana, and Washington by the Act of February 22, 1889, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the second paragraph of section 11 of the Act relating to the admission into the Union of the States of North Dakota, South Dakota, Montana, and Washington, approved February 22, 1889, as amended, as reads "but leases for grazing and agricultural purposes shall not be for a term longer than five years", is amended to read as follows: "but leases for grazing and agricultural purposes shall not be for a term longer than ten years". [52 U.S. Statutes at Large c 700 p 1198. Approved, June 25, 1938.] (4) April 13, 1948: AN ACT To authorize the States of Montana, North Dakota, South Dakota, and Washington to lease their State lands for production of minerals, including leases for exploration for oil, gas, and other hydrocarbons and the extraction thereof, for such terms of years and on such conditions as may be from time to time provided by the legislatures of the respective States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That the second paragraph of section 11 of the Act relating to the admission into the Union of the States of North Dakota, South Dakota, Montana, and Washington, approved February 22, 1889, as amended, is amended to read as follows: "Except as otherwise provided herein, the said lands may be leased under such regulations as the legislature may prescribe. Leases for the production of minerals, including leases for exploration for oil, gas, and other hydrocarbons and the extraction thereof, shall be for such term of years and on such conditions as may be from time to time provided by the legislatures of the respective States; leases for grazing and agricultural purposes shall be for a term not longer than ten years; and leases for development of hydroelectric power shall be for a term not longer than fifty years." [62 U.S. Statutes at Large c 183 p 170. Approved April 13, 1948.] (5) June 28, 1952: AN ACT To authorize each of the States of North Dakota, South Dakota, and Washington to pool moneys derived from lands granted to it for public schools and various State institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the fourth paragraph of section 11 of the Act relating to the admission into the Union of the States of North Dakota, South Dakota, Montana, and Washington, approved February 22, 1889, as amended (47 Stat. 151), is amended by adding at the end thereof the following: "Notwithstanding the foregoing provisions of this section, each of the States of North Dakota, South Dakota, and Washington may pool the moneys received by it from oil and gas and other mineral leasing of said lands. The moneys so pooled shall be apportioned among the public schools and the various State institutions in such manner that the public schools and each of such institutions shall receive an amount which bears the same ratio to the total amount apportioned as the number of acres (including any that may have been disposed of) granted for such public schools or for such institutions bears to the total number of acres (including any that may have been disposed of) granted by this Act. Not less than 50 per centum of each such amount shall be covered into the appropriate permanent fund." [66 U.S. Statutes at Large c 480 p 283. Approved June 28, 1952.] (6) May 31, 1962: AN ACT To amend the Act admitting the State of Washington into the Union in order to authorize the use of funds from the disposition of certain lands for the construction of State charitable, educational, penal, or reformatory institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States and to make donations of public lands to such States", approved February 22, 1889 (25 Stat. 676, as amended), is amended by inserting before the period at the end of the first sentence in the fourth paragraph of section 11 a comma and the following: "except that proceeds from the sale and other permanent disposition of the two hundred thousand acres granted to the State of Washington for State charitable, educational, penal, and reformatory institutions may be used by such State for the construction of any such institution". [Public Law 87-473. 76 U.S. Statutes at Large p 91. Approved May 31, 1962.] (7) June 30, 1967: [Vol. 1 RCW—page 20] AN ACT To authorize the States of North Dakota, South Dakota, Montana, and Washington to use the income from certain lands for the construction of facilities for State charitable, educational, penal, and reformatory institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second sentence of the fourth paragraph of section 11 of the Act entitled "An Act to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States", approved February 22, 1889 (25 Stat. 676), as amended, is amended to read as follows: "Rentals on leased land, proceeds from the sale of timber and other crops, interest on deferred payments on land sold, interest on funds arising from these lands, and all other actual income, shall be available for the acquisition and construction of facilities, including the retirement of bonds authorized by law for such purposes, and for the maintenance and support of such schools and institutions." [Public Law 90-41. 81 U.S. Statutes at Large p 106. Approved June 30, 1967.] (8) October 16, 1970: AN ACT To amend section 11 of the Act approved February 22, 1889 (25 Stat. 676) as amended by the Act of May 7, 1932 (47 Stat. 150), and as amended by the Act of April 13, 1948 (62 Stat. 170) relating to the admission to the Union of the States of North Dakota, South Dakota, Montana, and Washington, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second sentence of the first paragraph of section 11 of the Act approved February 22, 1889 (25 Stat. 676), as amended by the Act of May 7, 1932 (47 Stat. 150), is hereby amended to read as follows: "Any of the said lands may be exchanged for other lands, public or private, of equal value and as near as may be of equal area, but if any of the said lands are exchanged with the United States such exchange shall be limited to Federal lands that are surveyed, nonmineral, unreserved public lands within the State, or are reserved public lands within the State that are subject to exchange under the laws governing the administration of such Federal reserved public lands." and that a new paragraph be added immediately following the above, as follows: "All exchanges heretofore made under section 11 of the Act approved February 22, 1889 (25 Stat. 676), as amended by the Act approved May 7, 1932 (47 Stat. 150), for reserved public lands of the United States that were subject to exchange under law pursuant to which they were being administered and the requirements thereof have been met, are hereby approved to the same extent as though the lands exchanged were unreserved public lands." and that the present paragraph 2 of section 11 be amended to read as follows: "The said lands may be leased under such regulations as the legislature may prescribe." [Public Law 91-463. 84 U.S. Statutes at Large p 987. Approved October 16, 1970.] SEC. 12. That upon the admission of each of said States into the Union, in accordance with the provisions of this act, fifty sections of the unappropriated public lands within said States, to be selected and located in legal subdivisions as provided in section ten of this act, shall be, and are hereby, granted to said States for the purpose of erecting public buildings at the capital of said States for legislative, executive, and judicial purposes. Reviser’s note: Section 12 has been amended by Congress as follows: AN ACT To amend section 12 of the Act approved February 22, 1889 (25 Stat. 676) relating to the admission into the Union of the States of North Dakota, South Dakota, Montana, and Washington, by providing for the use of public lands granted to the States therein for the purpose of construction, reconstruction, repair, renovation, furnishings, equipment, or other permanent improvement of public buildings at the capital of said States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 12 of the Act relating to the admission into the Union of the States of North Dakota, South Dakota, Montana, and Washington, approved February 22, 1889, is amended to read as follows: (2010 Ed.) Enabling Act "That upon the admission of each of said States into the Union, in accordance with the provisions of this act, fifty sections of unappropriated public lands within such States, to be selected and located in legal subdivisions as provided in section 10 of this Act, shall be, and are hereby, granted to said States for public buildings at the capital of said States for legislative, executive, and judicial purposes, including construction, reconstruction, repair, renovation, furnishings, equipment, and any other permanent improvement of such buildings and the acquisition of necessary land for such buildings, and the payment of principal and interest on bonds issued for any of the above purposes." SEC. 2. This Act shall take effect as of February 22, 1889. [Public Law 85-6. 71 U.S. Statutes at large p 5. Approved February 26, 1957.] SEC. 13. That five per centum of the proceeds of the sales of public lands lying within said States which shall be sold by the United States subsequent to the admission of said States into the Union, after deducting all the expenses incident to the same, shall be paid to the said States, to be used as a permanent fund, the interest of which only shall be expended for the support of common schools within said States, respectively. SEC. 14. That the lands granted to the Territories of Dakota and Montana by the act of February eighteenth, eighteen hundred and eighty-one, entitled "An act to grant lands to Dakota, Montana, Arizona, Idaho, and Wyoming for university purposes," are hereby vested in the States of South Dakota, North Dakota, and Montana, respectively, if such States are admitted into the Union, as provided in this act, to the extent of the full quantity of seventy-two sections to each of said States, and any portion of said lands that may not have been selected by either of said Territories of Dakota or Montana may be selected by the respective States aforesaid; but said act of February eighteenth, eighteen hundred and eighty-one, shall be so amended as to provide that none of said lands shall be sold for less than ten dollars per acre, and the proceeds shall constitute a permanent fund to be safely invested and held by said States severally, and the income thereof be used exclusively for university purposes. And such quantity of the lands authorized by the fourth section of the act of July seventeenth, eighteen hundred and fifty-four, to be reserved for university purposes in the Territory of Washington, as, together with the lands confirmed to the vendees of the Territory by the act of March fourteenth, eighteen hundred and sixty-four, will make the full quantity of seventy-two entire sections, are hereby granted in like manner to the State of Washington for the purposes of a university in said State. None of the lands granted in this section shall be sold at less than ten dollars per acre; but said lands may be leased in the same manner as provided in section eleven of this act. The schools, colleges, and universities provided for in this act shall forever remain under the exclusive control of the said States, respectively, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes shall be used for the support of any sectarian or denominational school, college, or university. The section of land granted by the act of June sixteenth, eighteen hundred and eighty, to the Territory of Dakota, for an asylum for the insane shall, upon the admission of said State of South Dakota into the Union, become the property of said State. SEC. 15. That so much of the lands belonging to the United States as have been acquired and set apart for the pur(2010 Ed.) pose mentioned in "An act appropriating money for the erection of a penitentiary in the Territory of Dakota," approved March second, eighteen hundred and eighty-one, together with the buildings thereon, be, and the same is hereby, granted, together with any unexpended balances of the moneys appropriated therefor by said act, to said State of South Dakota, for the purposes therein designated; and the States of North Dakota and Washington shall, respectively, have like grants for the same purpose, and subject to like terms and conditions as provided in said act of March second, eighteen hundred and eighty-one, for the Territory of Dakota. The penitentiary at Deer Lodge City, Montana, and all lands connected therewith and set apart and reserved therefor, are hereby granted to the State of Montana. SEC. 16. That ninety thousand acres of land, to be selected and located as provided in section 10 of this act, are hereby granted to each of said States, except to the State of South Dakota, to which one hundred and twenty thousand acres are granted, for the use and support of agricultural colleges in said States, as provided in the acts of Congress making donations of lands for such purpose. SEC. 17. That in lieu of the grant of land for purposes of internal improvement made to new States by the eighth section of the act of September fourth, eighteen hundred and forty-one, which act is hereby repealed as to the States provided for by this act, and in lieu of any claim or demand by the said States, or either of them, under the act of September twenty-eighth, eighteen hundred and fifty, and section twenty-four hundred and seventy-nine of the Revised Statutes, making a grant of swamp and overflowed lands to certain States, which grant it is hereby declared is not extended to the States provided for in this act, and in lieu of any grant of saline lands to said States, the following grants of land are hereby made, to wit: To the State of South Dakota: For the school of mines, forty thousand acres; for the reform school, forty thousand acres; for the deaf and dumb asylum, forty thousand acres; for the agricultural college, forty thousand acres; for the university, forty thousand acres; for State normal schools, eighty thousand acres; for public buildings at the capital of said State, fifty thousand acres, and for such other educational and charitable purposes as the legislature of said State may determine, one hundred and seventy thousand acres; in all five hundred thousand acres. To the State of North Dakota a like quantity of land as in this section granted to the State of South Dakota, and to be for like purposes, and in like proportion as far as practicable. To the State of Montana: For the establishment and maintenance of a school of mines, one hundred thousand acres; for State normal schools, one hundred thousand acres; for agricultural colleges, in addition to the grant hereinbefore made for that purpose, fifty thousand acres; for the establishment of a State reform school, fifty thousand acres; for the establishment of a deaf and dumb asylum, fifty thousand acres; for public buildings at the capital of the State, in addition to the grant hereinbefore made for that purpose, one hundred and fifty thousand acres. To the State of Washington: For the establishment and maintenance of a scientific school, one hundred thousand acres; for State normal schools, one hundred thousand acres; [Vol. 1 RCW—page 21] Enabling Act for public buildings at the State capital, in addition to the grant hereinbefore made for that purpose, one hundred thousand acres; for State charitable, educational, penal, and reformatory institutions, two hundred thousand acres. That the States provided for in this act shall not be entitled to any further or other grants of land for any purpose than as expressly provided in this act. And the lands granted by this section shall be held, appropriated, and disposed of exclusively for the purposes herein mentioned, in such manner as the legislatures of the respective States may severally provide. SEC. 18. That all mineral lands shall be exempted from the grants made by this act. But if sections sixteen and thirty-six, or any subdivisions or portion of any smallest subdivision thereof in any township shall be found by the Department of the Interior to be mineral lands, said States are hereby authorized and empowered to select, in legal subdivisions, an equal quantity of other unappropriated lands in said States, in lieu thereof, for the use and the benefit of the common schools of said States. SEC. 19. That all lands granted in quantity or as indemnity by this act shall be selected, under the direction of the Secretary of the Interior, from the surveyed, unreserved, and unappropriated public lands of the United States within the limits of the respective States entitled thereto. And there shall be deducted from the number of acres of land donated by this act for specific objects to said States the number of acres in each heretofore donated by Congress to said Territories for similar objects. SEC. 20. That the sum of twenty thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to each of said Territories for defraying the expenses of the said conventions, except to Dakota, for which the sum of forty thousand dollars is so appropriated, twenty thousand dollars each for South Dakota and North Dakota, and for the payment of the members thereof, under the same rules and regulations and at the same rates as are now provided by law for the payment of the Territorial legislatures. Any money hereby appropriated not necessary for such purpose shall be covered into the Treasury of the United States. SEC. 21. That each of said States, when admitted as aforesaid, shall constitute one judicial district, the names thereof to be the same as the names of the States, respectively; and the circuit and district courts therefor shall be held at the capital of such State for the time being, and each of said districts shall, for judicial purposes, until otherwise provided, be attached to the eighth judicial circuit, except Washington and Montana, which shall be attached to the ninth judicial circuit. There shall be appointed for each of said districts one district judge, one United States attorney, and one United States marshal. The judge of each of said districts shall receive a yearly salary of three thousand five hundred dollars, payable in four equal installments, on the first days of January, April, July, and October of each year, and shall reside in the district. There shall be appointed clerks of said courts in each district, who shall keep their offices at the capital of said State. The regular terms of said courts shall be held in each district, at the place aforesaid, on the first Mon[Vol. 1 RCW—page 22] day in April and the first Monday in November of each year, and only one grand jury and one petit jury shall be summoned in both said circuit and district courts. The circuit and district courts for each of said districts, and the judges thereof, respectively, shall possess the same powers and jurisdiction, and perform the same duties required to be performed by the other circuit and district courts and judges of the United States, and shall be governed by the same laws and regulations. The Marshal, district attorney, and clerks of the circuit and district courts of each of said districts, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in other districts of the United States; and shall, for the services they may perform, receive the fees and compensation allowed by law to other similar officers and persons performing similar duties in the State of Nebraska. SEC. 22. That all cases of appeal or writ of error heretofore prosecuted and now pending in the Supreme Court of the United States upon any record from the supreme court of either of the Territories mentioned in this act, or that may hereafter lawfully be prosecuted upon any record from either of said courts may be heard and determined by said Supreme Court of the United States. And the mandate of execution or of further proceedings shall be directed by the Supreme Court of the United States to the circuit or district court hereby established within the State succeeding the Territory from which such record is or may be pending, or to the supreme court of such State, as the nature of the case may require: Provided, That the mandate of execution or of further proceedings shall, in cases arising in the Territory of Dakota, be directed by the Supreme Court of the United States to the circuit or district court of the district of South Dakota, or to the supreme court of the State of South Dakota, or to the circuit or district court of the district of North Dakota, or to the supreme court of the State of North Dakota, or to the supreme court of the Territory of North Dakota, as the nature of the case may require. And each of the circuit, district, and State courts, herein named, shall, respectively, be the successor of the supreme court of the Territory, as to all such cases arising within the limits embraced within the jurisdiction of such courts respectively with full power to proceed with the same, and award mesne or final process therein; and that from all judgments and decrees of the supreme court of either of the Territories mentioned in this act, in any case arising within the limits of any of the proposed States prior to admission, the parties to such judgment shall have the same right to prosecute appeals and writs of error to the Supreme Court of the United States as they shall have had by law prior to the admission of said State into the Union. SEC. 23. That in respect to all cases, proceedings, and matters now pending in the supreme or district courts of either of the Territories mentioned in this act at the time of the admission into the Union of either of the States mentioned in this act, and arising within the limits of any such State, whereof the circuit or district courts by this act established might have had jurisdiction under the laws of the United States had such courts existed at the time of the commencement of such cases, the said circuit and district courts, respec(2010 Ed.) Enabling Act tively, shall be the successors of said supreme and district courts of said Territory; and in respect to all other cases, proceedings and matters pending in the supreme or district courts of any of the Territories mentioned in this act at the time of the admission of such Territory into the Union, arising within the limits of said proposed State, the courts established by such State shall, respectively, be the successors of said supreme and district Territorial courts; and all the files, records, indictments, and proceedings relating to any such cases, shall be transferred to such circuit, district, and State courts, respectively, and the same shall be proceeded with therein in due course of law; but no writ, action, indictment, cause or proceeding now pending, or that prior to the admission of any of the States mentioned in this act, shall be pending in any Territorial court in any of the Territories mentioned in this act, shall abate by the admission of any such State into the Union, but the same shall be transferred and proceeded with in the proper United States circuit, district or State court, as the case may be: Provided, however, That in all civil actions, causes, and proceedings, in which the United States is not a party, transfers shall not be made to the circuit and district courts of the United States, except upon written request of one of the parties to such action or proceeding filed in the proper court; and in the absence of such request such cases shall be proceeded with in the proper State courts. SEC. 24. That the constitutional conventions may, by ordinance, provide for the election of officers for full State governments, including members of the legislatures and Representatives in the fifty-first Congress; but said State governments shall remain in abeyance until the States shall be admitted into the Union, respectively, as provided in this act. In case the constitution of any of said proposed States shall be ratified by the people, but not otherwise, the legislature thereof may assemble, organize, and elect two senators of the United States; and the governor and secretary of state of such proposed State shall certify the election of the Senators and Representatives in the manner required by law; and when such State is admitted into the Union, the Senators and Representatives shall be entitled to be admitted to seats in Congress, and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States; and the officers of the State governments formed in pursuance of said constitutions, as provided by the constitutional conventions, shall proceed to exercise all the functions of such State officers; and all laws in force made by said Territories, at the time of their admission into the Union, shall be in force in said States, except as modified or changed by this act or by the constitutions of the States, respectively. SEC. 25. That all acts or parts of acts in conflict with the provisions of this act, whether passed by the legislatures of said Territories or by Congress, are hereby repealed. Approved, February 22, 1889. [25 U.S. Statutes at Large, c 180 p 676.] (2010 Ed.) [Vol. 1 RCW—page 23] CONSTITUTION OF THE STATE OF WASHINGTON This Constitution was framed by a convention of seventy-five delegates, chosen by the people of the Territory of Washington at an election held May 14, 1889, under section 3 of the Enabling Act. The convention met at Olympia on the fourth day of July, 1889, and adjourned on the twenty-second day of August, 1889. The Constitution was ratified by the people at an election held on October 1, 1889, and on November 11, 1889, in accordance with section 8 of the Enabling Act, the president of the United States proclaimed the admission of the State of Washington into the Union. TABLE OF CONTENTS (A) Constitution of the State of Washington (B) Constitutional Amendments (in order of adoption) (C) Index to State Constitution. In part (A), for convenience of the reader, the latest constitutional amendments have been integrated with the currently effective original sections of the Constitution with the result that the Constitution is herein presented in its currently amended form. All current sections, whether original sections or constitutional amendments, are carried in Article and section order and are printed in regular type. Following each section which has been amended, the original section and intervening amendments (if any) are printed in italics. Appended to each amendatory section is a history note stating the amendment number and date of its approval as well as the citation to the session law wherein may be found the legislative measure proposing the amendment; e.g. "[AMENDMENT 27, 1951 House Joint Resolution No. 8, p 961. Approved November 4, 1952.]" In part (B), the constitutional amendments are also printed separately, in order of their adoption. (A) Constitution of the State of Washington PREAMBLE Article I — DECLARATION OF RIGHTS Sections 1 2 3 4 5 6 7 8 9 10 11 12 13 (2010 Ed.) Political power. Supreme law of the land. Personal rights. Right of petition and assemblage. Freedom of speech. Oaths — Mode of administering. Invasion of private affairs or home prohibited. Irrevocable privilege, franchise or immunity prohibited. Rights of accused persons. Administration of justice. Religious freedom. Special privileges and immunities prohibited. Habeas corpus. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Excessive bail, fines and punishments. Convictions, effect of. Eminent domain. Imprisonment for debt. Military power, limitation of. Freedom of elections. Bail, when authorized. Trial by jury. Rights of the accused. Bill of attainder, ex post facto law, etc. Right to bear arms. Prosecution by information. Grand jury. Treason, defined, etc. Hereditary privileges abolished. Constitution mandatory. Rights reserved. Standing army. Fundamental principles. Recall of elective officers. Same. Victims of crimes — Rights. Article II — LEGISLATIVE DEPARTMENT Sections 1 1(a) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Legislative powers, where vested. Initiative and referendum, signatures required. House of representatives and senate. The census. Election of representatives and term of office. Elections, when to be held. Election and term of office of senators. Qualifications of legislators. Judges of their own election and qualification — Quorum. Rules of procedure. Election of officers. Journal, publicity of meetings — Adjournments. Sessions, when — Duration. Limitation on members holding office in the state. Same, federal or other office. Vacancies in legislature and in partisan county elective office. Privileges from arrest. Freedom of debate. Style of laws. Bill to contain one subject. Origin and amendment of bills. Yeas and nays. Passage of bills. Compensation of members. Lotteries and divorce. Extra compensation prohibited. Suits against the state. [Vol. 1—page 25] Constitution of the State of Washington 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Elections — Viva voce vote. Special legislation. Convict labor. Bribery or corrupt solicitation. Laws, when to take effect. Laws, how signed. Alien ownership. Bureau of statistics, agriculture and immigration. Protection of employees. When bills must be introduced. Revision or amendment. Limitation on amendments. Free transportation to public officer prohibited. Highway funds. Laws, effective date, initiative, referendum — Amendment or repeal. Governmental continuity during emergency periods. Redistricting. Article III — THE EXECUTIVE Sections 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Executive department. Governor, term of office. Other executive officers, terms of office. Returns of elections, canvass, etc. General duties of governor. Messages. Extra legislative sessions. Commander-in-chief. Pardoning power. Vacancy in office of governor. Remission of fines and forfeitures. Veto powers. Vacancy in appointive office. Salary. Commissions, how issued. Lieutenant governor, duties and salary. Secretary of state, duties and salary. Seal. State treasurer, duties and salary. State auditor, duties and salary. Attorney general, duties and salary. Superintendent of public instruction, duties and salary. Commissioner of public lands — Compensation. Records, where kept, etc. Qualifications, compensation, offices which may be abolished. Article IV — THE JUDICIARY Sections 1 2 2(a) 3 3(a) 4 Judicial power, where vested. Supreme court. Temporary performance of judicial duties. Election and terms of supreme court judges. Retirement of supreme court and superior court judges. Jurisdiction. [Vol. 1—page 26] 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Superior court — Election of judges, terms of, etc. Jurisdiction of superior courts. Exchange of judges — Judge pro tempore. Absence of judicial officer. Removal of judges, attorney general, etc. Justices of the peace. Courts of record. Inferior courts. Salaries of judicial officers — How paid, etc. Salaries of supreme and superior court judges. Ineligibility of judges. Charging juries. Eligibility of judges. Supreme court reporter. Judges may not practice law. Decisions, when to be made. Publication of opinions. Clerk of the supreme court. Court commissioners. Rules for superior courts. Reports of superior court judges. Clerk of the superior court. Style of process. Oath of judges. Election of superior court judges. Court of appeals. Commission on judicial conduct. Article V — IMPEACHMENT Sections 1 Impeachment — Power of and procedure. 2 Officers liable to. 3 Removal from office. Article VI — ELECTIONS AND ELECTIVE RIGHTS Sections 1 1A 2 3 4 5 6 7 8 Qualifications of electors. Voter qualifications for presidential elections. School elections — Franchise, how extended. Who disqualified. Residence, contingencies affecting. Voter — When privileged from arrest. Ballot. Registration. Elections, time of holding. Article VII — REVENUE AND TAXATION Sections 1 2 3 4 5 6 7 8 Taxation. Limitation on levies. Taxation of federal agencies and property. No surrender of power or suspension of tax on corporate property. Taxes, how levied. Taxes, how paid. Annual statement. Tax to cover deficiencies. (2010 Ed.) Constitution of the State of Washington 9 10 11 12 Special assessments or taxation for local improvements. Retired persons property tax exemption. Taxation based on actual use. Budget stabilization account. Article VIII — STATE, COUNTY, AND MUNICIPAL INDEBTEDNESS Sections 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 Assessment and collection of taxes in municipalities. Private property, when may be taken for public debt. Private use of public funds prohibited. Deposit of public funds. Combined city-county. Article XII — CORPORATIONS OTHER THAN MUNICIPAL State debt. Powers extended in certain cases. Special indebtedness, how authorized. Moneys disbursed only by appropriations. Credit not to be loaned. Limitations upon municipal indebtedness. Credit not to be loaned. Port expenditures — Industrial development — Promotion. State building authority. Energy, water, or stormwater or sewer services conservation assistance. Agricultural commodity assessments — Development, promotion, and hosting. Article IX — EDUCATION Sections 1 2 3 4 5 12 Preamble. Public school system. Funds for support. Sectarian control or influence prohibited. Loss of permanent fund to become state debt. Article X — MILITIA Sections 1 Who liable to military duty. 2 Organization — Discipline — Officers — Power to call out. 3 Soldiers’ home. 4 Public arms. 5 Privilege from arrest. 6 Exemption from military duty. Sections 1 Corporations, how formed. 2 Existing charters. 3 Existing charters not to be extended nor forfeiture remitted. 4 Liability of stockholders. 5 Term "corporation," defined — Right to sue and be sued. 6 Limitations upon issuance of stock. 7 Foreign corporations. 8 Alienation of franchise not to release liabilities. 9 State not to loan its credit or subscribe for stock. 10 Eminent domain affecting. 11 Stockholder liability. 12 Receiving deposits by bank after insolvency. 13 Common carriers, regulation of. 14 Prohibition against combinations by carriers. 15 Prohibition against discriminating charges. 16 Prohibition against consolidating of competing lines. 17 Rolling stock, personalty for purpose of taxation. 18 Rates for transportation. 19 Telegraph and telephone companies. 20 Prohibition against free transportation for public officers. 21 Express companies. 22 Monopolies and trusts. Article XIII — STATE INSTITUTIONS Sections 1 Educational, reformatory, and penal institutions. Article XIV — SEAT OF GOVERNMENT Article XI — COUNTY, CITY, AND TOWNSHIP ORGANIZATION Sections 1 2 3 4 5 6 7 8 9 10 11 (2010 Ed.) Existing counties recognized. County seats — Location and removal. New counties. County government and township organization. County government. Vacancies in township, precinct or road district office. Tenure of office limited to two terms. Salaries and limitations affecting. State taxes not to be released or commuted. Incorporation of municipalities. Police and sanitary regulations. Sections 1 State capital, location of. 2 Change of state capital. 3 Restrictions on appropriations for capitol buildings. Article XV — HARBORS AND TIDE WATERS Sections 1 Harbor line commission and restraint on disposition. 2 Leasing and maintenance of wharves, docks, etc. 3 Extension of streets over tide lands. Article XVI — SCHOOL AND GRANTED LANDS [Vol. 1—page 27] Constitution of the State of Washington Sections 1 2 3 4 5 6 Disposition of. Manner and terms of sale. Limitations on sales. How much may be offered in certain cases — Platting of. Investment of permanent common school fund. Investment of higher education permanent funds. Article XVII — TIDE LANDS Sections 1 Declaration of state ownership. 2 Disclaimer of certain lands. Article XVIII — STATE SEAL Sections 1 Seal of the state. Article XIX — EXEMPTIONS Sections 1 Exemptions — Homesteads, etc. Article XX — PUBLIC HEALTH AND VITAL STATISTICS Sections 1 Board of health and bureau of vital statistics. 2 Regulations concerning medicine, surgery and pharmacy. Article XXI — WATER AND WATER RIGHTS Sections 1 Public use of water. Article XXII — LEGISLATIVE APPORTIONMENT Sections 1 Senatorial apportionment. 2 Apportionment of representatives. Article XXIII — AMENDMENTS Sections 1 How made. 2 Constitutional conventions. 3 Submission to the people. Article XXIV — BOUNDARIES Sections 1 State boundaries. Article XXV — JURISDICTION Article XXVI — COMPACT WITH THE UNITED STATES Article XXVII — SCHEDULE Sections 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Existing rights, actions, and contracts saved. Laws in force continued. Debts, fines, etc., to inure to the state. Recognizances. Criminal prosecutions and penal actions. Retention of territorial officers. Constitutional officers, when elected. Change of courts — Transfer of causes. Seals of courts and municipalities. Probate court, transfer of. Duties of first legislature. Election contests for superior judges, how decided. Representation in congress. Duration of term of certain officers. Election on adoption of Constitution, how to be conducted. When Constitution to take effect. Separate articles. Ballot. Appropriation. Article XXVIII — COMPENSATION OF STATE OFFICERS Sections 1 Salaries for legislators, elected state officials, and judges — Independent commission — Referendum. Article XXIX — INVESTMENTS OF PUBLIC PENSION AND RETIREMENT FUNDS Sections 1 May be invested as authorized by law. Article XXX — COMPENSATION OF PUBLIC OFFICERS Sections 1 Authorizing compensation increase during term. Article XXXI — SEX EQUALITY — RIGHTS AND RESPONSIBILITY Sections 1 Equality not denied because of sex. 2 Enforcement power of legislature. Article XXXII — SPECIAL REVENUE FINANCING Sections 1 Special revenue financing. Sections 1 Authority of the United States. [Vol. 1—page 28] (2010 Ed.) Constitution of the State of Washington PREAMBLE We, the people of the State of Washington, grateful to the Supreme Ruler of the Universe for our liberties, do ordain this constitution. ARTICLE I DECLARATION OF RIGHTS SECTION 1 POLITICAL POWER. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights. Article I Section 1 SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the United States is the supreme law of the land. Article I Section 2 SECTION 3 PERSONAL RIGHTS. No person shall be deprived of life, liberty, or property, without due process of law. Article I Section 12 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.] Article I Section 3 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. Article I Section 4 SECTION 5 FREEDOM OF SPEECH. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right. Article I Section 5 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. Article I Section 6 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. Article I Section 7 SECTION 8 IRREVOCABLE PRIVILEGE, FRANCHISE OR IMMUNITY PROHIBITED. No law granting irrevocably any privilege, franchise or immunity, shall be passed by the legislature. Article I Section 8 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. 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.] Article I Section 9 SECTION 10 ADMINISTRATION OF JUSTICE. Justice in all cases shall be administered openly, and without unnecessary delay. Article I Section 10 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 Article I Section 11 (2010 Ed.) 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 Article I Section 12 [Vol. 1—page 29] Article I Section 13 Constitution of the State of Washington 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. Article I Section 18 SECTION 18 MILITARY POWER, LIMITATION OF. The military shall be in strict subordination to the civil power. Article I Section 19 Article I Section 13 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. Article I Section 14 SECTION 14 EXCESSIVE BAIL, FINES AND PUNISHMENTS. Excessive bail shall not be required, excessive fines imposed, nor cruel punishment inflicted. 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. Article I Section 20 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. Article I Section 15 SECTION 15 CONVICTIONS, EFFECT OF. No conviction shall work corruption of blood, nor forfeiture of estate. Article I Section 16 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-ofway 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. Article I Section 21 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. Article I Section 22 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. Article I Section 23 Article I Section 17 SECTION 17 IMPRISONMENT FOR DEBT. There shall be no imprisonment for debt, except in cases of absconding debtors. [Vol. 1—page 30] 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. (2010 Ed.) Constitution of the State of Washington 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. Article I Section 24 Article II Section 1 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 thirtythree (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.] Article I Section 34 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. Article I Section 25 SECTION 26 GRAND JURY. No grand jury shall be drawn or summoned in any county, except the superior judge thereof shall so order. Article I Section 26 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. Article I Section 27 SECTION 28 HEREDITARY PRIVILEGES ABOLISHED. No hereditary emoluments, privileges, or powers, shall be granted or conferred in this state. Article I Section 28 SECTION 29 CONSTITUTION MANDATORY. The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise. Article I Section 29 SECTION 30 RIGHTS RESERVED. The enumeration in this Constitution of certain rights shall not be construed to deny others retained by the people. Article I Section 30 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. Article I Section 31 SECTION 32 FUNDAMENTAL PRINCIPLES. A frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free government. Article I Section 32 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 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 I Section 35 ARTICLE II LEGISLATIVE DEPARTMENT Article I Section 33 (2010 Ed.) 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 Article II Section 1 [Vol. 1—page 31] Article II Section 1 Constitution of the State of Washington 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. [Vol. 1—page 32] (c) No act, law, or bill subject to referendum shall take effect until ninety days after the adjournment of the session at which it was enacted. No act, law, or bill approved by a majority of the electors voting thereon shall be amended or repealed by the legislature within a period of two years following such enactment: Provided, That any such act, law, or bill may be amended within two years after such enactment at any regular or special session of the legislature by a vote of two-thirds of all the members elected to each house with full compliance with section 12, Article III, of the Washington Constitution, and no amendatory law adopted in accordance with this provision shall be subject to referendum. But such enactment may be amended or repealed at any general regular or special election by direct vote of the people thereon. (d) The filing of a referendum petition against one or more items, sections, or parts of any act, law, or bill shall not delay the remainder of the measure from becoming operative. Referendum petitions against measures passed by the legislature shall be filed with the secretary of state not later than ninety days after the final adjournment of the session of the legislature which passed the measure on which the referendum is demanded. The veto power of the governor shall not extend to measures initiated by or referred to the people. All elections on measures referred to the people of the state shall be had at the next succeeding regular general election following the filing of the measure with the secretary of state, except when the legislature shall order a special election. Any measure initiated by the people or referred to the people as herein provided shall take effect and become the law if it is approved by a majority of the votes cast thereon: Provided, That the vote cast upon such question or measure shall equal one-third of the total votes cast at such election and not otherwise. Such measure shall be in operation on and after the thirtieth day after the election at which it is approved. The style of all bills proposed by initiative petition shall be: "Be it enacted by the people of the State of Washington." This section shall not be construed to deprive any member of the legislature of the right to introduce any measure. All such petitions shall be filed with the secretary of state, who shall be guided by the general laws in submitting the same to the people until additional legislation shall especially provide therefor. This section is self-executing, but legislation may be enacted especially to facilitate its operation. (e) The legislature shall provide methods of publicity of all laws or parts of laws, and amendments to the Constitution referred to the people with arguments for and against the laws and amendments so referred. The secretary of state shall send one copy of the publication to each individual place of residence in the state and shall make such additional distribution as he shall determine necessary to reasonably assure that each voter will have an opportunity to study the measures prior to election. [AMENDMENT 72, 1981 Substitute Senate Joint Resolution No. 133, p 1796. Approved November 3, 1981.] Referendum procedures regarding salaries: Art. 28 Section 1. Amendment 7 (1911) — Art. 2 Section 1 Legislative Powers, Where Vested — The legislative authority of the state of Washington shall be vested in the legislature, consisting of a senate and house of representatives, which shall be called the legislature of the state of Washington, but the people reserve to themselves the power to propose bills, laws, and to enact or reject the same at the polls, independent of the legislature, and also reserve power, (2010 Ed.) Constitution of the State of Washington 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. (2010 Ed.) Article II Section 3 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.] Article II Section 1(a) 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. Article II Section 2 SECTION 3 THE CENSUS. [Repealed by AMENDMENT 74, 1983 Substitute Senate Joint Resolution No. 103, p 2202. Approved November 8, 1983.] Article II Section 3 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 [Vol. 1—page 33] Article II Section 4 Constitution of the State of Washington 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. Article II Section 4 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. Article II Section 5 nor, 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. Article II Section 11 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. 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.] Governmental continuity during emergency periods: Art. 2 Section 42. Extraordinary sessions to reconsider vetoes: Art. 3 Section 12. 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. Article II Section 6 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. Article II Section 7 Article II Section 8 Article II Section 12 Sessions to convene on the second Monday in January: RCW 44.04.010. 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. Article II Section 9 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 gover- 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. Article II Section 10 [Vol. 1—page 34] SECTION 13 LIMITATION ON MEMBERS HOLDING OFFICE IN THE STATE. No member of the Article II Section 13 (2010 Ed.) Constitution of the State of Washington 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. Article II Section 15 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. 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. Article II Section 14 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 Article II Section 15 (2010 Ed.) 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.] [Vol. 1—page 35] Article II Section 16 Constitution of the State of Washington 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.] 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 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. Original text — Art. 2 Section 24 LOTTERIES AND DIVORCE — The legislature shall never authorize any lottery or grant any divorce. Article II Section 24 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.] Article II Section 25 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. Article II Section 16 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. Article II Section 17 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. Article II Section 18 SECTION 19 BILL TO CONTAIN ONE SUBJECT. No bill shall embrace more than one subject, and that shall be expressed in the title. Article II Section 19 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. Article II Section 20 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. 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. Article II Section 26 Article II Section 21 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. 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. Article II Section 27 Article II Section 22 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. Article II Section 23 Compensation of legislators, elected state officials, and judges: Art. 28 Section 1, Art. 30. [Vol. 1—page 36] 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. Article II Section 28 (2010 Ed.) Constitution of the State of Washington 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. Article II Section 33 vate 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.] Article II Section 31 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. Article II Section 32 Corporations for municipal purposes shall not be created by special laws: Art. 11 Section 10. SECTION 33 ALIEN OWNERSHIP. [Repealed by AMENDMENT 42, 1965 ex.s. Senate Joint Resolution No. 20, p 2816. Approved November 8, 1966.] 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.] 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.] 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. 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.] Article II Section 29 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 priArticle II Section 30 (2010 Ed.) Article II Section 33 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 [Vol. 1—page 37] Article II Section 34 Constitution of the State of Washington 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. Article II Section 34 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. Article II Section 35 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. Article II Section 36 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. Article II Section 37 SECTION 38 LIMITATION ON AMENDMENTS. No amendment to any bill shall be allowed which shall change the scope and object of the bill. Article II Section 38 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. Article II Section 39 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.] Article II Section 41 Reviser’s note: (1) In third sentence, comma between "general" and "regular" omitted in conformity with enrolled resolution. Article II Section 40 [Vol. 1—page 38] (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 conArticle II Section 42 (2010 Ed.) Constitution of the State of Washington form to the remainder of the Constitution: Provided, That if, in the judgment of the legislature at the time of disaster, conformance to the provisions of the Constitution would be impracticable or would admit of undue delay, such legislation may depart during the period of emergency caused by enemy attack only, from the following sections of the Constitution: Article 14, Sections 1 and 2, Seat of Government; Article 2, Sections 8, 15 (Amendments 13 and 32), and 22, Membership, Quorum of Legislature and Passage of Bills; Article 3, Section 10 (Amendment 6), Succession to Governorship: Provided, That the legislature shall not depart from Section 10, Article III, as amended by Amendment 6, of the state Constitution relating to the Governor’s office so long as any successor therein named is available and capable of assuming the powers and duties of such office as therein prescribed; Article 3, Section 13, Vacancies in State Offices; Article 11, Section 6, Vacancies in County Offices; Article 11, Section 2, Seat of County Government; Article 3, Section 24, State Records. [AMENDMENT 39, 1961 House Joint Resolution No. 9, p 2758. Approved November, 1962.] Continuity of government act: Chapter 42.14 RCW. SECTION 43 REDISTRICTING. (1) In January of each year ending in one, a commission shall be established to provide for the redistricting of state legislative and congressional districts. (2) The commission shall be composed of five members to be selected as follows: The legislative leader of the two largest political parties in each house of the legislature shall appoint one voting member to the commission by January 15th of each year ending in one. By January 31st of each year ending in one, the four appointed members, by an affirmative vote of at least three, shall appoint the remaining member. The fifth member of the commission, who shall be nonvoting, shall act as its chairperson. If any appointing authority fails to make the required appointment by the date established by this subsection, within five days after that date the supreme court shall make the required appointment. (3) No elected official and no person elected to legislative district, county, or state political party office may serve on the commission. A commission member shall not have been an elected official and shall not have been an elected legislative district, county, or state political party officer within two years of his or her appointment to the commission. The provisions of this subsection do not apply to the office of precinct committee person. (4) The legislature shall enact laws providing for the implementation of this section, to include additional qualifications for commissioners and additional standards to govern the commission. The legislature shall appropriate funds to enable the commission to carry out its duties. (5) Each district shall contain a population, excluding nonresident military personnel, as nearly equal as practicable to the population of any other district. To the extent reasonable, each district shall contain contiguous territory, shall be compact and convenient, and shall be separated from adjoining districts by natural geographic barriers, artificial barriers, Article II Section 43 (2010 Ed.) Article III Section 1 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 Article III Section 1 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. [Vol. 1—page 39] Article III Section 2 Constitution of the State of Washington 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. Article III Section 2 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. Article III Section 3 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. Article III Section 4 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. Article III Section 5 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. Article III Section 6 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. 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. Article III Section 7 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. Article III Section 8 SECTION 9 PARDONING POWER. The pardoning power shall be vested in the governor under such regulations and restrictions as may be prescribed by law. Article III Section 9 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 Article III Section 10 [Vol. 1—page 40] 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. Article III Section 11 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 Article III Section 12 (2010 Ed.) Constitution of the State of Washington 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.] Article III Section 19 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. Article III Section 13 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. Article III Section 14 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. Article III Section 15 SECTION 16 LIEUTENANT GO VERNOR, 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. Article III Section 16 Compensation of legislators, elected state officials, and judges: Art. 28 Section 1, Art. 30. Veto power withheld from initiated and referred measures: Art. 2 Section 1. 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. Article III Section 17 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. (2010 Ed.) 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." Article III Section 18 Design of the Seal: Art. 18 Section 1. State seal: RCW 1.20.080. SECTION 19 STATE TREASURER, DUTIES AND SALARY. The treasurer shall perform such duties as shall Article III Section 19 [Vol. 1—page 41] Article III Section 20 Constitution of the State of Washington 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. Article III Section 20 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. 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 Article III Section 21 Compensation of legislators, elected state officials, and judges: Art. 28 Section 1, Art. 30. SE CTI ON 1 JUDI CIAL POW ER, 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. Article IV Section 1 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. Article IV Section 2 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. Article III Section 22 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. Article III Section 23 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. Article III Section 24 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 Article III Section 25 [Vol. 1—page 42] 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.] Article IV Section 2(a) SE CTI ON 3 EL ECT ION AND T ERM S 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 Article IV Section 3 (2010 Ed.) Constitution of the State of Washington 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. NotArticle IV Section 3(a) (2010 Ed.) Article IV Section 5 withstanding 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.] Article IV Section 4 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. Article IV Section 5 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 [Vol. 1—page 43] Article IV Section 6 Constitution of the State of Washington 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.] Article IV Section 6 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 [Vol. 1—page 44] 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 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 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 Article IV Section 7 (2010 Ed.) Constitution of the State of Washington 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. Article IV Section 8 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. Article IV Section 13 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.] Article IV Section 10 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. Article IV Section 11 Article IV Section 9 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. (2010 Ed.) 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. Article IV Section 12 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 Article IV Section 13 [Vol. 1—page 45] Article IV Section 14 Constitution of the State of Washington 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. Article IV Section 14 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. Article IV Section 15 SECTION 16 CHARGING JURIES. Judges shall not charge juries with respect to matters of fact, nor comment thereon, but shall declare the law. Article IV Section 16 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. 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. Article IV Section 21 SECT ION 2 2 CLERK OF TH E 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. Article IV Section 22 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. Article IV Section 23 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. Article IV Section 24 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. Article IV Section 25 Article IV Section 17 SECTION 26 CLERK OF THE SUPERIOR COURT. The county clerk shall be by virtue of his office, clerk of the superior court. Article IV Section 26 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. Article IV Section 27 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. Article IV Section 18 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. Article IV Section 19 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 Article IV Section 20 [Vol. 1—page 46] 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. Article IV Section 28 SECTION 29 ELECTION OF SUPERIOR COURT JUDGES. Notwithstanding any provision of this ConstituArticle IV Section 29 (2010 Ed.) Constitution of the State of Washington tion 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.] Article IV Section 30 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. Article IV Section 31 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. (2010 Ed.) Article IV Section 31 (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. [Vol. 1—page 47] Article IV Section 31 Constitution of the State of Washington (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 [Vol. 1—page 48] 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 (2010 Ed.) Constitution of the State of Washington 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. Article V Section 1 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. Article V Section 2 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 V Section 3 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.] Article VI Section 1 (2010 Ed.) Article VI Section 2 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.] Article VI Section 1A SECTION 2 SCHOOL ELECTIONS — FRANCHISE, HOW EXTENDED. [This section stricken by AMENDMENT 5, see Art. 6 Section 1.] Article VI Section 2 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. [Vol. 1—page 49] Article VI Section 3 Constitution of the State of Washington ARTICLE VII REVENUE AND TAXATION Article VI Section 3 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. Article VI Section 4 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. Article VI Section 5 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. Article VI Section 6 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. Article VI Section 7 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. Article VI Section 8 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. [Vol. 1—page 50] Article VII Section 1 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.] (2010 Ed.) Constitution of the State of Washington 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 Article VII Section 2 (2010 Ed.) Article VII Section 2 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 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 [Vol. 1—page 51] Article VII Section 2 Constitution of the State of Washington 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 prop[Vol. 1—page 52] osition 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 (2010 Ed.) Constitution of the State of Washington 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 (2010 Ed.) Article VII Section 2 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 valu[Vol. 1—page 53] Article VII Section 3 Constitution of the State of Washington ation, 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.] Article VII Section 3 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. Article VII Section 4 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 Article VII Section 5 [Vol. 1—page 54] 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. Article VII Section 6 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. Article VII Section 7 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. Article VII Section 8 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. Article VII Section 9 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.] Article VII Section 10 SECTION 11 TAXATION BASED ON ACTUAL USE. Nothing in this Article VII as amended shall prevent the legislature from providing, subject to such conditions as it may enact, that the true and fair value in money (a) of farms, agricultural lands, standing timber and timberlands, and (b) of other open space lands which are used for recreation or for enjoyment of their scenic or natural beauty shall be based on the use to which such property is currently applied, and such values shall be used in computing the assessed valuation of such property in the same manner as the assessed valuation is computed for all property. [AMENDMENT 53, 1967 House Joint Resolution No. 1; see 1969 p 2976. Approved November 5, 1968.] Article VII Section 11 (2010 Ed.) Constitution of the State of Washington SECTION 12 BUDGET STABILIZATION ACCOUNT. (Effective July 1, 2008.) (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 Article VIII Section 1 (2010 Ed.) Article VIII Section 1 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 sub[Vol. 1—page 55] Article VIII Section 1 Constitution of the State of Washington section (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 [Vol. 1—page 56] 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 threefifths 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 (2010 Ed.) Constitution of the State of Washington 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. Article VIII Section 2 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.] Article VIII Section 6 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.] Article VIII Section 4 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. Article VIII Section 3 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 (2010 Ed.) 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. Article VIII Section 5 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 onehalf 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 Article VIII Section 6 [Vol. 1—page 57] Article VIII Section 7 Constitution of the State of Washington 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). 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.] Article VIII Section 10 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. Article VIII Section 7 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.] Article VIII Section 8 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 Article VIII Section 9 [Vol. 1—page 58] 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 (2010 Ed.) Constitution of the State of Washington 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 VIII Section 11 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. Article IX Section 1 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. Article IX Section 2 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 proArticle IX Section 3 (2010 Ed.) Article IX Section 3 vision 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 pub[Vol. 1—page 59] Article IX Section 4 Constitution of the State of Washington lic 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. Article IX Section 4 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 X Section 6 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. Article XI Section 1 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. Article IX Section 5 Investment of permanent school fund: Art. 16 Section 5. 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. Article XI Section 2 Governmental continuity during emergency periods: Art. 2 Section 42. 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. Article X Section 1 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. Article X Section 2 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 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. Article XI Section 3 Article X Section 3 SECTION 4 PUBLIC ARMS. The legislature shall provide by law, for the protection and safe keeping of the public arms. Article X Section 4 SECTION 5 PRIVILEGE FROM ARREST. The militia shall, in all cases, except treason, felony and breach of Article X Section 5 [Vol. 1—page 60] 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 Article XI Section 4 (2010 Ed.) Constitution of the State of Washington 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 (2010 Ed.) Article XI Section 4 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 [Vol. 1—page 61] Article XI Section 5 Constitution of the State of Washington 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.] Article XI Section 5 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.] Article XI Section 6 Governmental continuity during emergency periods: Art. 2 Section 42. Vacancies in legislature and in partisan county elective office: Art. 2 Section 15. [Vol. 1—page 62] 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.] Article XI Section 7 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.] Article XI Section 8 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. Article XI Section 9 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 conArticle XI Section 10 (2010 Ed.) Constitution of the State of Washington vene 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 (2010 Ed.) Article XI Section 16 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. Article XI Section 11 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. Article XI Section 12 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. Article XI Section 13 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. Article XI Section 14 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. Article XI Section 15 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 charArticle XI Section 16 [Vol. 1—page 63] Article XII Section 1 Constitution of the State of Washington ter. 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 [Vol. 1—page 64] 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. Article XII Section 1 SECTION 2 EXISTING CHARTERS. All existing charters, franchises, special or exclusive privileges, under Article XII Section 2 (2010 Ed.) Constitution of the State of Washington 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. Article XII Section 3 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. Article XII Section 4 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. Article XII Section 5 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. Article XII Section 6 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. Article XII Section 13 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. Article XII Section 10 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.] Article XII Section 11 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. Article XII Section 7 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. Article XII Section 8 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. Article XII Section 9 (2010 Ed.) 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. Article XII Section 12 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 railArticle XII Section 13 [Vol. 1—page 65] Article XII Section 14 Constitution of the State of Washington road, 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. Article XII Section 14 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. Article XII Section 15 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. Article XII Section 16 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. 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. Article XII Section 19 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. Article XII Section 20 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. Article XII Section 21 Article XII Section 17 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. Article XII Section 18 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.] [Vol. 1—page 66] 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 regArticle XII Section 22 (2010 Ed.) Constitution of the State of Washington ulating 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 XV Section 1 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. Article XIV Section 2 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.] Article XIII Section 1 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 Article XIV Section 1 (2010 Ed.) 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 XIV Section 3 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.] Article XV Section 1 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 [Vol. 1—page 67] Article XV Section 2 Constitution of the State of Washington 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. Article XV Section 2 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 XV Section 3 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. 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.] Article XVI Section 5 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.] Article XVI Section 1 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. Article XVI Section 2 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. Article XVI Section 3 SECTION 4 HOW MUCH MAY BE OFFERED IN CERTAIN CASES —PLATTING OF. No more than one Article XVI Section 4 [Vol. 1—page 68] 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 XVI Section 6 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. Article XVII Section 1 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 XVII Section 2 (2010 Ed.) Constitution of the State of Washington 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." Article XVIII Section 1 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 XIX Section 1 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. Article XX Section 1 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 XX Section 2 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 XXI Section 1 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 Article XXII Section 1 (2010 Ed.) Article XXII Section 2 Yakima and Douglas shall constitute the ninth district, and be entitled to one senator; the county of Kittitas shall constitute the tenth district and be entitled to one senator; the counties of Klickitat, and Skamania shall constitute the eleventh district, and be entitled to one senator; the county of Clarke shall constitute the twelfth district, and be entitled to one senator; the county of Cowlitz shall constitute the thirteenth district, and be entitled to one senator; the county of Lewis shall constitute the fourteenth district, and be entitled to one senator; the counties of Pacific and Wahkiakum shall constitute the fifteenth district, and be entitled to one senator; the county of Thurston shall constitute the sixteenth district, and be entitled to one senator; the county of Chehalis shall constitute the seventeenth district, and be entitled to one senator; the county of Pierce shall constitute the eighteenth district, and be entitled to three senators; the county of King shall constitute the nineteenth district, and be entitled to five senators; the counties of Mason and Kitsap shall constitute the twentieth district, and be entitled to one senator; the counties of Jefferson, Clallam and San Juan shall constitute the twenty-first district, and be entitled to one senator; the county of Snohomish shall constitute the twenty-second district, and shall be entitled to one senator; the counties of Skagit and Island shall constitute the twenty-third district, and be entitled to one senator; the county of Whatcom shall constitute the twenty-fourth district, and be entitled to one senator. Districts and apportionment: Chapter 44.07D RCW. Article XXII Section 2 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; [Vol. 1—page 69] Article XXIII Section 1 Constitution of the State of Washington ARTICLE XXIV BOUNDARIES the county of Whitman shall have five representatives; the county of Yakima shall have one representative. Districts and apportionment: Chapter 44.07D RCW. ARTICLE XXIII AMENDMENTS Article XXIII Section 1 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. Article XXIII Section 2 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 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 fortysixth 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.] Article XXIV Section 1 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 governArticle XXV Section 1 Article XXIII Section 3 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. [Vol. 1—page 70] (2010 Ed.) Constitution of the State of Washington ment 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. (2010 Ed.) Article XXVII Section 5 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. Article XXVII Section 1 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. Article XXVII Section 2 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. Article XXVII Section 3 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. Article XXVII Section 4 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 Article XXVII Section 5 [Vol. 1—page 71] Article XXVII Section 6 Constitution of the State of Washington 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. Article XXVII Section 6 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. Article XXVII Section 7 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. Article XXVII Section 8 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 Article XXVII Section 9 [Vol. 1—page 72] 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. Article XXVII Section 10 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. Article XXVII Section 11 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. Article XXVII Section 12 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. Article XXVII Section 13 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. (2010 Ed.) Constitution of the State of Washington 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. Article XXVII Section 14 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. Article XXVII Section 15 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. Article XXVII Section 16 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: Article XXVII Section 17 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. (2010 Ed.) Article XXVIII Section 1 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) - - - - - - - - - - - - - - - - - - - Article XXVII Section 18 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 XXVII Section 19 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 twothirds 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 XXVIII Section 1 [Vol. 1—page 73] Article XXIX Section 1 Constitution of the State of Washington 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 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. Article XXXI Section 1 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.] Article XXXI Section 2 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.] Article XXIX Section 1 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 XXX Section 1 [Vol. 1—page 74] 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. Article XXXII Section 1 (2010 Ed.) Constitution of the State of Washington After the initial adoption of a law by the legislature authorizing the issuance of nonrecourse revenue bonds or other nonrecourse revenue obligations, no amendment to such act which expands the definition of industrial development project shall be valid unless the amendment is enacted by a favorable vote of three-fifths of the members elected to each house of the legislature and is subject to referendum petition. Sections 5 and 7 of Article VIII and section 9 of Article XII shall not be construed as a limitation upon the authority granted by this section. The proceeds of revenue bonds and other revenue obligations issued pursuant to this section for the purpose of financing privately owned property or loans to private persons or corporations shall be subject to audit by the state but shall not otherwise be deemed to be public money or public property for purposes of this Constitution. This section is supplemental to and shall not be construed as a repeal of or limitation on any other authority lawfully exercisable under the Constitution and laws of this state, including, among others, any existing authority to issue revenue bonds. [AMENDMENT 73, 1981 Substitute House Joint Resolution No. 7, p 1794. Approved November 3, 1981.] The name of this Article has been supplied by the reviser. CERTIFICATE We, the undersigned, members of the convention to form a Constitution for the State of Washington; which is to be submitted to the people for their adoption or rejection, do hereby declare this to be the Constitution formed by us, and in testimony thereof, do hereunto set our hands, this twentysecond day of August Anno Domini, one thousand eight hundred and eighty-nine. John P. Hoyt, President J. J. Browne N. G. Blalock John F. Gowey Frank M. Dallam James Z. Moore E. H. Sullivan George Turner Austin Mires M. M. Godman Gwin Hicks Wm. F. Prosser C. H. Warner J. P. T. McCroskey S. G. Cosgrove Thos. Hayton Charles P. Coey Robert F. Sturdevant John A. Shoudy Allen Weir W. B. Gray Trusten P. Dyer Geo. H. Jones B. L. Sharpstein H. M. Lillis (2010 Ed.) Edward Eldridge George H. Stevenson Louis Sohns A. A. Lindsley J. J. Weisenburger P. C. Sullivan R. S. More Thomas T. Minor J. J. Travis Arnold J. West Charles T. Fay George W. Tibbetts H. W. Fairweather Thomas C. Griffitts J. F. Van Name Albert Schooley H. C. Willison T. M. Reed S. H. Manly Richard Jeffs Francis Henry George Comegys Oliver H. Joy David E. Durie D. Buchanan John R. Kinnear James A. Burk John McReavy R. O. Dunbar Morgan Morgans Jas. Power B. B. Glascock O. A. Bowen Sam’l H. Berry D. J. Crowley J. T. McDonald John M. Reed Article XXXII Section 1 Sylvious A. Dickey Henry Winsor Theodore L. Stiles Harrison Clothier Matt. J. McElroy J. T. Eshelman Robert Jamieson Hiram E. Allen H. F. Suksdorf J. C. Kellogg J. A. Hungate Attest: JNO. I. BOOGE, Chief Clerk The above names are not in the order in which subscribed to the Constitution. (B) Constitutional Amendments (In Order of Adoption) 1 Art. 2 Art. 3 Art. 4 5 6 7 Art. Art. Art. Art. 8 9 10 11 Art. Art. Art. Art. 12 Art. 13 Art. 14 Art. 15 Art. 16 17 18 19 Art. Art. Art. Art. 20 Art. 21 Art. 22 Art. 23 Art. 24 Art. 16 § 5 6 § 1 7 § 2 Investment of school fund. Qualifications of voters. (original) Taxation—Uniformity and equality—Exemption. 1 § 11 Religious freedom. 6 § 1 Qualifications of electors. 3 § 10 Vacancy in office of governor. 2 § 1 Legislative powers, where vested. 1 §§ 33, 34 Recall of elective officers. 1 § 16 Eminent domain. 1 § 22 Rights of the accused. 8 § 4 Moneys disbursed only by appropriation. 11 § 5 County government. 2 § 15 Vacancies in legislature. 7 § 1 Taxation (and repealing Art. 7 §§ 1-4.) 15 § 1 Harbor line commission and restraint on disposition. 12 § 11 Stockholder liability. 7 § 2 Forty mill limit. 2 § 40 Highway funds. 7 § 3 Taxation of federal agencies and property. 28 § 1 Compensation of state officers. 11 § 4 County government and township organization. 11 § 7 Tenure of office limited to two terms. (Repealed.) 11 § 16 Combined city and county. 2 § 33 Alien ownership. [Vol. 1—page 75] Article XXXII Section 1 25 Art. 4 § 3(a) 26 Art. 2 § 41 27 Art. 8 § 6 28 Art. Art. 29 Art. 30 Art. 4 4 2 2 31 Art. 3 § 25 § § § § 6 10 33 1(a) 32 Art. 2 § 15 33 Art. 34 Art. 35 Art. 24 § 1 1 § 11 2 § 25 36 Art. 2 § 1 37 Art. 23 § 1 38 Art. 4 § 2(a) 39 Art. 2 § 42 40 Art. 11 § 10 41 Art. 4 § 29 42 43 Art. 44 Art. 9 § 3 16 § 5 45 Art. 8 § 8 46 Art. 6 § 1A 47 Art. 7 § 10 48 Art. 8 § 3 49 Art. 29 § 1 50 Art. 51 Art. [Vol. 1—page 76] 4 § 30 8 § 9 Constitution of the State of Washington Retirement of supreme court and superior court judges. Laws, effective date. Initiative, referendum—Amendment or repeal. Limitations upon municipal indebtedness. Jurisdiction of superior courts. Justices of the peace. Alien ownership. Initiative and referendum, signatures required. Qualifications, compensation, offices which may be abolished. Vacancies in legislature and in partisan county elective office. State boundaries. Religious freedom. Extra compensation prohibited. Legislative powers, where vested (publicity of laws referred to the people). (Amendments to Constitution) How made. Temporary performance of judicial duties. Governmental continuity during emergency periods. Incorporation of municipalities. Election of superior court judges. (Repeals Art. 2 § 33 and Amendments 24 and 29.) (Schools) Funds for support. Investment of permanent common school fund. Port expenditures—Industrial development—Promotion. Voter qualifications for presidential elections. Retired persons property tax exemption. Special indebtedness, how authorized. (Investments of public pension and retirement funds.) May be invested as authorized by law. Court of appeals. State building authority. 52 Art. Art. 2 § 15 11 § 6 53 Art. 54 Art. 7 § 11 30 § 1 55 Art. 56 Art. 57 Art. 7 § 2 2 § 24 11 §§ 5, 8 58 Art. 59 Art. 60 Art. 11 § 16 7 § 2 8 §§ 1, 3 61 Art. 31 §§ 1, 2 62 63 64 65 3 6 7 4 4 12 12 Art. Art. Art. Art. Art. 66 Art. 67 Art. § § § § § § § 12 1 2 6 10 18 14 68 Art. 69 Art. 2 § 12 2 § 13 70 Art. 8 § 10 71 Art. 4 § 31 72 Art. 2 § 1 Art. 2 § 1(a) 73 Art. 74 Art. Art. Art. 32 2 2 27 75 Art. 29 § 1 76 Art. § § § § 1 3 43 13 8 § 11 Vacancies in legislature and in partisan county elective office. Vacancies in township, precinct or road district offices. Taxation based on actual use. (Compensation of public officers.) Authorizing compensation increase during term. Limitation on levies. Lotteries and divorce. County government. Salaries and limitations affecting. Combined city-county. Limitation on levies. State debt. Special indebtedness, how authorized. Equality not denied because of sex. Enforcement power of legislature. Veto power. Qualifications of electors. Limitation on levies. Jurisdiction of superior courts. Justices of the peace. Rates for transportation. Prohibition against combinations by carriers. (Repealed) Sessions, when—Duration. Limitation on members holding office in the state. Residential energy conservation. Judicial qualifications commission—Removal, censure, suspension, or retirement of judges or justices. Legislative powers, where vested. Initiative and referendum, signatures required. (Stricken) Special revenue financing. The census. (Repealed) Redistricting. Representation in congress. (Repealed) May be invested as authorized by law. Agricultural commodity assessments—Development, promotion, and hosting. (2010 Ed.) Constitution of the State of Washington 77 Art. 78 Art. 4 § 31 28 § 1 79 Art. 80 Art. 7 § 2 4 § 7 81 Art. 82 Art. 7 § 1 8 § 10 83 Art. Art. 6 § 3 13 § 1 84 Art. 85 Art. 1 § 35 4 § 31 86 Art. 8 § 10 87 Art. 88 Art. 89 Art. 4 § 6 1 § 11 4 § 3 90 Art. 91 Art. 7 § 2 8 § 10 92 Art. 93 Art. 8 § 1 29 § 1 94 Art. 4 § 7 95 Art. 96 Art. 7 § 2 2 § 15 97 Art. 4 § 31 98 99 100 101 102 Art. Art. Art. Art. Art. 7 7 2 7 16 § § § § § 1 12 29 2 6 Commission on judicial conduct—Removal, censure, suspension, or retirement of judges or justices—Proceedings. Salaries for legislators, elected state officials, and judges—Independent commission—Referendum. Limitation on levies. Exchange of judges—Judge pro tempore. Taxation. Residential energy conservation. Who disqualified. Educational, reformatory, and penal institutions. Victims of crimes—Rights. Commission on judicial conduct. Energy and water conservation assistance. Jurisdiction of superior courts. Religious freedom. Election and terms of supreme court judges. Limitation on levies. Energy, water, or stormwater or sewer services conservation assistance. State debt. May be invested as authorized by law. Exchange of judges—Judge pro tempore. Limitation on levies. Vacancies in legislature and in partisan county elective office. Commission on judicial conduct. Taxation. Budget stabilization account. Convict labor. Limitation on levies. Investment of higher education permanent funds. AMENDMENT 1 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 (2010 Ed.) Amendment 4 invested in national, state, county, municipal or school district bonds. [1893 p 9 Section 1. Adopted November, 1894.] Art. 16 Section 5 was later amended by Amendment 44. Amendment 2 AMENDMENT 2 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. [1895 p 60 Section 1. Approved November, 1896.] Art. 6 Section 1 was later amended by Amendment 5. Amendment 3 AMENDMENT 3 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." [1899 p 121 Section 1. Approved November, 1900.] Original Art. 7 Section 2 and Amendment 3 were stricken by Amendment 14. Amendment 4 AMENDMENT 4 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 [Vol. 1—page 77] Amendment 5 Constitution of the State of Washington religious belief to affect the weight of his testimony. [1903 p 283 Section 1. Approved November, 1904.] Art. 1 Section 11 was later amended by Amendments 34 and 88. Amendment 5 AMENDMENT 5 Article 6 was amended by striking from said article all of sections one (1) and two (2) and inserting in lieu thereof the following, to be known as section one (1): Art. 6 Section 1 QUALIFICATIONS OF ELECTORS. All person 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. [1909 p 26 Section 1. Approved November, 1910.] Prior amendment of Art. 6, see Amendment 2. Art. 6. Section 1 was later amended by Amendment 63. Amendment 6 AMENDMENT 6 Art. 3 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 [Vol. 1—page 78] 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. [1909 p 642 Section 1. Approved November, 1910.] Amendment 7 AMENDMENT 7 Article 2 was amended by striking all of sections 1 and 31, and inserting in lieu thereof as section 1 the following, so that the same shall read as follows: 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. 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 measure 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 (2010 Ed.) Constitution of the State of Washington 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. Portion of subdivision (a) is superseded by Amendment 30. (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. Portion of subdivision (b) is superseded by 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. Subdivision (c) is superseded by 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. 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-execut(2010 Ed.) Amendment 9 ing, 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. [1911 p 136 Section 1. Approved November, 1912.] Last paragraph is superseded by Amendment 36. Art. 2 Section 1 was later amended by Amendment 72. Amendment 8 AMENDMENT 8 Article 1 was amended by adding the two following sections: Art. 1 Section 33 RECALL OF ELECTIVE OFFICERS. Every elective public officer in 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. Art. 1 Section 34 SAME. The legislature shall pass the necessary laws to carry out the provisions of section thirtythree (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 law-making 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. [1911 p 504 Section 1. Approved November, 1912.] Amendment 9 AMENDMENT 9 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 been first made, or paid into court for the owner, and no right-of[Vol. 1—page 79] Amendment 10 Constitution of the State of Washington 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. [1919 p 385 Section 1. Approved November, 1920.] Amendment 10 AMENDMENT 10 Art. 1 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. [1921 p 79 Section 1. Approved November, 1922.] Amendment 11 AMENDMENT 11 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 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. [1921 p 80 Section 1. Approved November, 1922.] Amendment 12 AMENDMENT 12 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 attor[Vol. 1—page 80] neys 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. [1923 p 255 Section 1. Approved November, 1924.] Art. 11 Section 5 was later amended by Amendment 57. Amendment 13 AMENDMENT 13 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. [1929 p 690. Approved November, 1930.] Art. 2 Section 15 was later amended by Amendments 32, 52, and 96. Amendment 14 AMENDMENT 14 Article 7 is amended by striking out all of sections 1, 2, 3 and 4, and inserting in lieu thereof the following, to be known as section 1: 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. [1929 p 499 Section 1. Approved November, 1930.] Amendment 17 added a new Section 2. (2010 Ed.) Constitution of the State of Washington Amendment 19 added a new Section 3. Art. 7 Section 1 was later amended by Amendments 81 and 98. Amendment 15 AMENDMENT 15 Art. 15 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. [1931 p 417 Section 1. Approved November, 1932.] Amendment 16 AMENDMENT 16 Art. 12 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. [1939 Senate Joint Resolution No. 8, p 1024. Approved November, 1940.] Amendment 17 AMENDMENT 17 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 (2010 Ed.) Amendment 17 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. [1943 House Joint Resolution No. 1, p 936. Approved November, 1944.] Art. 7 Section 2 was later amended by Amendments 55, 59, 64, 79, 90, 95, and 101. [Vol. 1—page 81] Amendment 18 Amendment 18 Constitution of the State of Washington AMENDMENT 18 Art. 2 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. [1943 House Joint Resolution No. 4, p 938. Approved November, 1944.] Amendment 19 AMENDMENT 19 Art. 7 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. [1945 House Joint Resolution No. 9, p 932. Approved November, 1946.] Amendment 20 AMENDMENT 20 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. [Vol. 1—page 82] 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. [1947 Senate Joint Resolution No. 4, p 1371. Approved November 2, 1948.] Art. 28 Section 1 was later amended by Amendment 78. Authorizing compensation increase during term: See Amendment 54. Amendment 21 AMENDMENT 21 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 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 (2010 Ed.) Constitution of the State of Washington 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 (2010 Ed.) Amendment 23 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. [1947 Senate Joint Resolution No. 5, p 1372. Approved November 2, 1948.] Amendment 22 AMENDMENT 22 Section 7, Article XI, Constitution of the State of Washington is hereby repealed. [1947 House Joint Resolution No. 4, p 1385. Approved November 2, 1948.] Amendment 23 AMENDMENT 23 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 [Vol. 1—page 83] Amendment 24 Constitution of the State of Washington 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. [1947 House Joint Resolution No. 13, p 1386. Approved November 2, 1948.] Art. 11 Section 16 was later amended by Amendment 58. Amendment 24 AMENDMENT 24 [Repealed by AMENDMENT 42, 1965 ex.s. Senate Joint Resolution No. 20, p 2816. Approved November 8, 1966.] Text of Amendment 24 - 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. [1949 Senate Joint Resolution No. 9, p 999. Approved November 7, 1950.] Art. 2 Section 33 was also amended by Amendment 29. Amendment 25 AMENDMENT 25 Article 4 was amended by adding the following section: Art. 4 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. [1951 House Joint Resolution No. 6, p 960. Approved November 4, 1952.] Amendment 26 AMENDMENT 26 Article 2 was amended by adding the following section: [Vol. 1—page 84] Art. 2 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. [1951 Substitute Senate Joint Resolution No. 7, p 959. Approved November 4, 1952.] Reviser’s note: In third sentence, comma between "general" and "regular" omitted in conformity with enrolled resolution. Amendment 27 AMENDMENT 27 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 onehalf 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. [1951 House Joint Resolution No. 8, p 961. Approved November 4, 1952.] Amendment 28 AMENDMENT 28 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 con(2010 Ed.) Constitution of the State of Washington troversy 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. Later amendment to Art. 4 Section 6, see Amendment 87. 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. [1951 Substitute House Joint Resolution No. 13, p 962. Approved November 4, 1952.] 65. Later amendment to Art. 4 Section 6 and Section 10, see Amendment Amendment 29 AMENDMENT 29 [Repealed by AMENDMENT 42, 1965 ex.s. Senate Joint Resolution No. 20, p 2816. Approved November 8, 1966.] Text of Amendment 29 - 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 (2010 Ed.) Amendment 32 expressly or by implication prohibit ownership of provincial lands by citizens of this state. [1953 House Joint Resolution No. 16, p 853. Approved November 2, 1954.] Prior amendment of Art. 2 Section 33, see Amendment 24. Amendment 30 AMENDMENT 30 [Stricken by AMENDMENT 72, 1981 Substitute Senate Joint Resolution No. 133, p 1796. Approved November 3, 1981.] Text of Amendment 30 - 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. [1955 Senate Joint Resolution No. 4, p 1860. Approved November 6, 1956.] Amendment 31 AMENDMENT 31 Art. 3 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. [1955 Senate Joint Resolution No. 6, p 1861. Approved November 6, 1956.] Authorizing compensation increase during term: See Amendment 54. Amendment 32 AMENDMENT 32 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 [Vol. 1—page 85] Amendment 33 Constitution of the State of Washington 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. [1955 Senate Joint Resolution No. 14, p 1862. Approved November 6, 1956.] Prior amendment of Art. 2 Section 15, see Amendment 13. Later amendment of Art. 2 Section 15, see Amendments 52 and 96. of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony. [1957 Senate Joint Resolution No. 14, p 1299. Approved November 4, 1958.] Prior amendment of Art. 1 Section 11, see Amendment 4. Art. 1 Section 11 was later amended by Amendment 88. Amendment 35 Amendment 33 AMENDMENT 33 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 fortysixth 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 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. [1957 Senate Joint Resolution No. 10, p 1292. Approved November 4, 1958.] Amendment 34 AMENDMENT 34 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 [Vol. 1—page 86] AMENDMENT 35 Art. 2 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. [1957 Senate Joint Resolution No. 18, p 1301. Approved November 4, 1958.] Increase during term in compensation of certain officers authorized: See Amendment 54. Amendment 36 AMENDMENT 36 Article 2, section 1 (LEGISLATIVE POWERS, WHERE VESTED) as amended by AMENDMENT 7 was amended by adding the following subsection: Article 2, section 1, subsection (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. [1961 Senate Joint Resolution No. 9, p 2751. Approved November, 1962.] Amendment 37 AMENDMENT 37 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 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 (2010 Ed.) Constitution of the State of Washington 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. [1961 Senate Joint Resolution No. 25, p 2753. Approved November, 1962.] Amendment 38 AMENDMENT 38 Article 4 was amended by adding the following section: Art. 4 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. [1961 House Joint Resolution No. 6, p 2757. Approved November, 1962.] Amendment 39 AMENDMENT 39 Art. 2 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. [1961 House Joint Resolution No. 9, p 2758. Approved November, 1962.] (2010 Ed.) Amendment 40 Amendment 41 AMENDMENT 40 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 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. [1963 ex.s. Senate Joint Resolution No. 1, p 1526. Approved November 3, 1964.] Amendment 41 AMENDMENT 41 Art. 4 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, [Vol. 1—page 87] Amendment 42 Constitution of the State of Washington 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. [1965 ex.s. Substitute Senate Joint Resolution No. 6, p 2815. Approved November 8, 1966.] Amendment 42 AMENDMENT 42 Section 33, Article II and Amendments 24 and 29 amendatory thereof, of the Constitution of the State of Washington are each hereby repealed. [1965 ex.s. Senate Joint Resolution No. 20, p 2816. Approved November 8, 1966.] Amendment 43 AMENDMENT 43 Art. 9 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 [Vol. 1—page 88] 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. [1965 ex.s. Senate Joint Resolution No. 22, part 1, p 2817. Approved November 8, 1966.] Amendment 44 AMENDMENT 44 Art. 16 Section 5 INVESTMENT OF PERMANENT COMMON SCHOOL FUND. The permanent common school fund of this state may be invested as authorized by law. [1965 ex.s. Senate Joint Resolution No. 22, part 2, p 2817. Approved November 8, 1966.] Prior amendment of Art. 16 Section 5, see Amendment 1. Amendment 45 AMENDMENT 45 Art. 8 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. [1965 ex.s. Senate Joint Resolution No. 25, p 2819. Approved November 8, 1966.] Amendment 46 AMENDMENT 46 Art. 6 Section 1A VOTER QUALIFICATIONS FOR PRESIDENTIAL ELECTIONS. In consideration of those citizens of the United States who become residents of the (2010 Ed.) Constitution of the State of Washington 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. [1965 ex.s. Substitute Joint House Resolution No. 4, p 2820. Approved November 8, 1966.] Amendment 47 AMENDMENT 47 Art. 7 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. [1965 ex.s. House Joint Resolution No. 7, p 2821. Approved November 8, 1966.] Amendment 48 AMENDMENT 48 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. [1965 ex.s. House Joint Resolution No. 39, p 2822. Approved November 8, 1966.] Art. 8 Section 3 was later amended by Amendment 60. (2010 Ed.) Amendment 49 Amendment 51 AMENDMENT 49 The Constitution was amended by adding the following new article and section 1 thereof: ARTICLE XXIX INVESTMENTS OF PUBLIC PENSION AND RETIREMENT FUNDS 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. [1967 Senate Joint Resolution No. 5; see 1969 p 2975. Approved November 5, 1968.] Art. 29 Section 1 was later amended by Amendments 75 and 93. Amendment 50 AMENDMENT 50 Article 4 was amended by adding the following section: Art. 4 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. [1967 Senate Joint Resolution No. 6; see 1969 p 2975. Approved November 5, 1968.] Reviser’s note: This section which was adopted as Art. 4 Section 29 is herein renumbered Art. 4 Section 30 to avoid confusion with Amendment 41. Amendment 51 AMENDMENT 51 Article 8 was amended by adding the following section: Art. 8 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 [Vol. 1—page 89] Amendment 52 Constitution of the State of Washington 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. [1967 Senate Joint Resolution No. 17; see 1969 p 2976. Approved November 5, 1968.] Reviser’s note: This section which was adopted as Art. 8 Section 8 is herein renumbered as Art. 8 Section 9 to avoid confusion with Amendment 45. Amendment 52 AMENDMENT 52 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. Art. 11 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. [1967 Senate Joint Resolution No. 24; see 1969 p 2976. Approved November 5, 1968.] [Vol. 1—page 90] Prior amendment of Art. 2 Section 15, see Amendments 13 and 32. Later amendment of Art. 2 Section 15, see Amendment 96. Amendment 53 AMENDMENT 53 Article 7 was amended by adding the following section: Art. 7 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. [1967 House Joint Resolution No. 1; see 1969 p 2976. Approved November 5, 1968.] Amendment 54 AMENDMENT 54 The Constitution was amended by adding the following new article and section 1 thereof: ARTICLE XXX* COMPENSATION OF PUBLIC OFFICERS** Art. 30 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. [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. Amendment 55 AMENDMENT 55 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 percentum 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 (2010 Ed.) Constitution of the State of Washington 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. [1971 Senate Joint Resolution No. 1, p 1827. Approved November 7, 1972.] Reviser’s note: Art. 7 Section 2 was also amended at the November 7, 1972 general election by Amendment 59. (HJR 47.) Prior amendment of Art. 7 Section 2, see Amendment 17. Art. 7 Section 2 was later amended by Amendments 59, 64, 79, 90, 95, and 101. Amendment 56 AMENDMENT 56 Art. 2 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. [1971 Senate Joint Resolution No. 5, p 1828. Approved November 7, 1972.] (2010 Ed.) Amendment 57 Amendment 58 AMENDMENT 57 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: 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. Art. 11 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. [1971 Senate Joint Resolution No. 38, p 1829. Approved November 7, 1972.] Prior amendment of Art. 11 Section 5, see Amendment 12. Amendment 58 AMENDMENT 58 Art. 11 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. [Vol. 1—page 91] Amendment 59 Constitution of the State of Washington 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. [Vol. 1—page 92] 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. [1971 House Joint Resolution No. 21, p 1831. Approved November 7, 1972.] Prior amendment of Art. 11 Section 16, see Amendment 23. Amendment 59 AMENDMENT 59 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 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 "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 per centum 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 (2010 Ed.) Constitution of the State of Washington 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. [1971 House Joint Resolution No. 47, p 1834. Approved November 7, 1972.] Reviser’s note: Art. 7 Section 2 was also amended at the November 7, 1972, general election by Amendment 55 (SJR 1). 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." Prior amendment of Art. 7 Section 2, see Amendments 17 and 55. Art. 7 Section 2 was later amended by Amendments 64, 79, 90, 95, and 101. Amendment 60 AMENDMENT 60 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, (2010 Ed.) Amendment 60 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 [Vol. 1—page 93] Amendment 61 Constitution of the State of Washington 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. 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. 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. [1971 House Joint Resolution No. 52, p 1836. Approved November 7, 1972.] Prior amendment of Art. 8 Section 3, see Amendment 48. Art. 8 Section 3 was later amended by Amendment 92. Amendment 61 AMENDMENT 61 The Constitution was amended by adding the following new article and sections 1 and 2 thereof: ARTICLE XXXI SEX EQUALITY - RIGHTS AND RESPONSIBILITIES Art. 31 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. Art. 31 Section 2 ENFORCEMENT POWER OF LEGISLATURE. The legislature shall have the power to enforce, by appropriate legislation, the provisions of this article. [1972 House Joint Resolution No. 61, p 526. Approved November 7, 1972.] The name of this article has been supplied by the reviser. [Vol. 1—page 94] Amendment 62 AMENDMENT 62 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 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. [1974 Senate Joint Resolution No. 140, p 806. Approved November 5, 1974.] Amendment 63 AMENDMENT 63 Art. 6 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. [1974 Senate Joint Resolution No. 143, p 807. Approved November 5, 1974.] Prior amendment of Art. 6 Section 1, see Amendments 2 and 5. (2010 Ed.) Constitution of the State of Washington Amendment 64 AMENDMENT 64 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 limita(2010 Ed.) Amendment 65 tions 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. [1975-’76 2nd ex.s. Senate Joint Resolution No. 137, p 518. Approved November 2, 1976.] 101. Prior amendment of Art. 7 Section 2, see Amendments 17, 55, and 59. Art. 7 Section 2 was later amended by Amendments 79, 90, 95, and Amendment 65 AMENDMENT 65 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. [1977 Senate Joint Resolution No. 113, p 1714. Approved November 8, 1977.] 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 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 [Vol. 1—page 95] Amendment 66 Constitution of the State of Washington receive such salary as may be provided by law, and shall receive no fees for their own use. [1977 Senate Joint Resolution No. 113, p 1714. Approved November 8, 1977.] 28. Prior amendment of Art. 4 Section 6 and Section 10, see Amendment Amendment 66 AMENDMENT 66 Art. 12 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. [1977 House Joint Resolution No. 55, p 1713. Approved November 8, 1977.] [1979 Substitute Senate Joint Resolution No. 110, p 2286. Approved November 6, 1979.] Amendment 69 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 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. [1979 Senate Joint Resolution No. 112, p 2287. Approved November 6, 1979.] Amendment 70 Amendment 67 AMENDMENT 67 Art. 12 Section 14 PROHIBITION AGAINST COMBINATIONS BY CARRIERS. [Repealed by 1977 House Joint Resolution No. 57, p 1714. Approved November 8, 1977.] Amendment 68 AMENDMENT 68 Art. 2 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. [Vol. 1—page 96] AMENDMENT 69 AMENDMENT 70 Article 8 was amended by adding the following section: 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. [1979 Substitute Senate Joint Resolution No. 120, p 2288. Approved November 6, 1979.] Art. 8 Section 10 was later amended by Amendments 82, 86, and 91. Amendment 71 AMENDMENT 71 Article 4 was amended by adding the following section: 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 (2010 Ed.) Constitution of the State of Washington 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. [1980 Substitute House Joint Resolution No. 37, p 652. Approved November 4, 1980.] Art. 4 Section 31 was later amended by Amendments 77, 85, and 97. Amendment 72 AMENDMENT 72 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. 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 (2010 Ed.) Amendment 72 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 [Vol. 1—page 97] Amendment 73 Constitution of the State of Washington 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. [1981 Substitute Senate Joint Resolution No. 133, p 1796. Approved November 3, 1981.] Prior amendment of Art. 2 Section 1, see Amendment 7. Addition of subsection (e) to Art. 2 Section 1, see Amendment 36. Art. 2 Section 1(a). INITIATIVE AND REFERENDUM, SIGNATURES REQUIRED. [Stricken by 1981 Substitute Senate Joint Resolution No. 133, p 1796. Approved November 3, 1981.] Adoption of Art. 2 Section 1(a), see Amendment 30. AMENDMENT 73 Amendment 73 The Constitution was amended by adding the following new article and section 1 thereof: ARTICLE XXXII SPECIAL REVENUE FINANCING Art. 32 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 [Vol. 1—page 98] 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. [1981 Substitute House Joint Resolution No. 7, p 1794. Approved November 3, 1981.] The name of this Article has been supplied by the reviser. Amendment 74 AMENDMENT 74 Article 2 was amended by adding the following section: Art. 2 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 (2010 Ed.) Constitution of the State of Washington 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. [1983 Substitute Senate Joint Resolution No. 103, p 2202. Approved November 8, 1983.] (2010 Ed.) Amendment 77 Art. 2 Section 3 THE CENSUS. [Repealed by 1983 Substitute Senate Joint Resolution No. 103, p 2202. Approved November 8, 1983.] Art. 27 Section 13 REPRESENTATION IN CONGRESS. [Repealed by 1983 Substitute Senate Joint Resolution No. 103, p 2202. Approved November 8, 1983.] Amendment 75 AMENDMENT 75 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. [1985 House Joint Resolution No. 12, p 2398. Approved November 5, 1985.] Prior amendment of Art. 29 Section 1, see Amendment 49. Art. 29 Section 1 was later amended by Amendment 93. Amendment 76 AMENDMENT 76 Article 8 was amended by adding the following section: Art. 8 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. [1985 House Joint Resolution No. 42, p 2402. Approved November 5, 1985.] Amendment 77 AMENDMENT 77 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 [Vol. 1—page 99] Amendment 78 Constitution of the State of Washington 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. [1986 Senate Joint Resolution No. 136, p 1532. Approved November 4, 1986.] Prior amendment of Art. 4 Section 31, see Amendment 71. Art. 4 Section 31 was later amended by Amendments 85 and 97. Amendment 78 AMENDMENT 78 Art. 28 Section 1 SALARIES FOR LEGISLATORS, 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[Vol. 1—page 100] 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. [1986 Substitute House Joint Resolution No. 49, p 1529. Approved November 4, 1986.] Prior amendment of Art. 28 Section 1, see Amendment 20. Amendment 79 AMENDMENT 79 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 (2010 Ed.) Constitution of the State of Washington 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. [1986 House Joint Resolution No. 55, p 1530. Approved November 4, 1986.] 64. Prior amendment of Art. 7 Section 2, see Amendments 17, 55, 59, and Art. 7 Section 2 was later amended by Amendments 90, 95, and 101. Amendment 80 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. [1987 Senate Joint Resolution No. 8207, p 2815. Approved November 3, 1987.] Art. 4 Section 7 was later amended by Amendment 94. Amendment 81 AMENDMENT 81 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 (2010 Ed.) Amendment 83 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. [1988 House Joint Resolution No. 4222, p 1551. Approved November 8, 1988.] Prior amendment to Art. 7 Section 1, see Amendments 14 and 98. Amendment 82 AMENDMENT 82 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. [1988 House Joint Resolution No. 4223, p 1552. Approved November 8, 1988.] Prior amendment to Art. 8 Section 10, see Amendment 70. Art. 8 Section 10 was later amended by Amendments 86 and 91. Amendment 83 AMENDMENT 83 Art. 6 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. Art. 13 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. [1988 House Joint Resolution No. 4231, p 1553. Approved November 8, 1988.] [Vol. 1—page 101] Amendment 84 Amendment 84 Constitution of the State of Washington AMENDMENT 84 Art. 1 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. [1989 Senate Joint Resolution No. 8200, p 2999. Approved November 7, 1989.] Amendment 85 AMENDMENT 85 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 [Vol. 1—page 102] 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. [1989 Substitute Senate Joint Resolution No. 8202, p 3000. Approved November 7, 1989.] Prior amendment of Art. 4 Section 31, see Amendments 71 and 77. Art. 4 Section 31 was later amended by Amendment 97. (2010 Ed.) Constitution of the State of Washington Amendment 86 AMENDMENT 86 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. [1989 Senate Joint Resolution No. 8210, p 3003. Approved November 7, 1989.] Prior amendment of Art. 8 Section 10, see Amendments 70 and 82. Art. 8 Section 10 was later amended by Amendment 91. Amendment 87 AMENDMENT 87 Art. 4 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. [1993 House Joint Resolution No. 4201, p 3063. Approved November 2, 1993.] (2010 Ed.) Amendment 89 Prior amendment of Art. 4 Section 6, see Amendments 28 and 65. Amendment 88 AMENDMENT 88 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, 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. [1993 House Joint Resolution No. 4200, p 3062. Approved November 2, 1993.] Prior amendment of Art. 1 Section 11, see Amendments 4, 34, and 88. Amendment 89 AMENDMENT 89 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 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 [Vol. 1—page 103] Amendment 90 Constitution of the State of Washington 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. [1995 Substitute Senate Joint Resolution No. 8210, p 2905. Approved November 7, 1995.] Amendment 90 AMENDMENT 90 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 percent of the true and fair value of such property in money: Provided, however, That nothing herein shall prevent levies at the rates now provided by law by or for any port or public utility district. The term "taxing district" for the purposes of this section shall mean any political subdivision, municipal corporation, district, or other governmental agency authorized by law to levy, or have levied for it, ad valorem taxes on property, other than a port or public utility district. Such aggregate limitation or any specific limitation imposed by law in conformity therewith may be exceeded only as follows: (a) By any taxing district when specifically authorized so to do by a majority of at least three-fifths of the voters of the taxing district voting on the proposition to levy such additional tax submitted not more than twelve months prior to the date on which the proposed levy is to be made and not oftener than twice in such twelve month period, either at a special election or at the regular election of such taxing district, at which election the number of voters voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the total number of voters voting in such taxing district at the last preceding general election when the number of voters voting on the proposition does not exceed forty percent of the total number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the voters of the taxing district voting on the proposition to levy when the number of voters voting on the proposition exceeds forty percent of the number of voters voting in such taxing district in the last preceding general election: Provided, That notwithstanding any other provision of this Constitution, any proposition pursuant to this subsection to levy additional tax for the support of the common schools may provide such support for a period of up to four years and any proposition to levy an additional tax to support the construction, modernization, or remodelling of school facilities may provide such support for a period not exceeding six years; (b) By any taxing district otherwise authorized by law to issue general obligation bonds for capital purposes, for the sole purpose of making the required payments of principal and interest on general obligation bonds issued solely for capital purposes, other than the replacement of equipment, when authorized so to do by majority of at least three-fifths of the voters of the taxing district voting on the proposition to issue such bonds and to pay the principal and interest thereon [Vol. 1—page 104] 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. [1997 House Joint Resolution No. 4208, p 3063. Approved November 4, 1997.] Prior amendment of Art. 7 Section 2, see Amendments 17, 55, 59, 64, and 79. Art. 7 Section 2 was later amended by Amendments 95 and 101. Amendment 91 AMENDMENT 91 Art. 8 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. [1997 House Joint Resolution No. 4209, p 3065. Approved November 4, 1997.] Prior amendment of Art. 8 Section 10, see Amendments 70, 82, and 86. Amendment 92 AMENDMENT 92 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 (2010 Ed.) Constitution of the State of Washington 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. (2010 Ed.) Amendment 92 (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. [1999 Senate Joint Resolution No. 8206, p 2387. Approved November 2, 1999.] Prior amendment of Art. 8 Section 1, see Amendment 60. [Vol. 1—page 105] Amendment 93 Amendment 93 Constitution of the State of Washington AMENDMENT 93 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, industrial insurance trust fund, or fund held in trust for the benefit of persons with developmental disabilities may be invested as authorized by law. [2000 Senate Joint Resolution No. 8214, p 1919. Approved November 7, 2000.] Prior amendment of Art. 29 Section 1, see Amendments 49 and 75. Amendment 94 AMENDMENT 94 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 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. [2001 Engrossed Senate Joint Resolution No. 8208, p 2327. Approved November 6, 2001.] Amendment 95 AMENDMENT 95 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 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 [Vol. 1—page 106] 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. [2002 House Joint Resolution No. 4220, p 2203. Approved November 5, 2002.] Prior amendment of Art. 7 Section 2, see Amendments 17, 55, 59, 64, 79, and 90. Amendment 96 AMENDMENT 96 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 county legislative authority of the county in which the vacancy occurs: Provided, That the person (2010 Ed.) Constitution of the State of Washington 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. [2003 House Joint Resolution No. 4206, p 2819. Approved November 4, 2003.] Prior amendment of Art. 2 Section 15, see Amendments 13, 32, and 52. Amendment 97 AMENDMENT 97 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 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 (2010 Ed.) Amendment 97 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. [Vol. 1—page 107] Amendment 98 Constitution of the State of Washington 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. [2005 Senate Joint Resolution No. 8207, pp 2799, 2800. Approved November 8, 2005.] Prior amendment of Art. 4 Section 31, see Amendments 85, 77, and 71. Amendment 98 AMENDMENT 98 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 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. [2006 House Joint Resolution No. 4223, p 2117. Approved November 7, 2006.] Prior amendment of Art. 7 Section 1, see Amendments 14 and 81. Amendment 99 AMENDMENT 99 Article 7 was amended by adding the following section: Art. 7 Section 12 BUDGET STABILIZATION ACCOUNT. (Effective July 1, 2008.) (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: [Vol. 1—page 108] (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. [2007 Engrossed Substitute Senate Joint Resolution No. 8206, pp 3146, 3147. Approved November 6, 2007.] Amendment 100 AMENDMENT 100 Art. 2 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. [2007 Senate Joint Resolution No. 8212, p 3143. Approved November 6, 2007.] Amendment 101 AMENDMENT 101 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 (2010 Ed.) Index to State Constitution 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 (2010 Ed.) Index 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. [2007 Engrossed House Joint Resolution No. 4204, pp 3143-3145. Approved November 6, 2007.] Amendment 102 AMENDMENT 102 Article 16 was amended by adding the following section: Art. 16 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. [2007 Substitute House Joint Resolution No. 4215, p 3145. Approved November 6, 2007.] (C) INDEX TO STATE CONSTITUTION Index Absconding debtors Imprisonment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. Sec. 1 17 Absence Of citizen not affecting residence, for purpose of voting and eligibility to office . . . . . . . . . . . . Of judicial officer . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 4 8 Acceptance Of certain federal or foreign offices vacates seat in legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 14 Accused Rights in criminal prosecutions. . . . . . . . . . . . . . . . Rights of, on removal from office by legislature . . 1 4 22 9 Actions Against the state . . . . . . . . . . . . . . . . . . . . . . . . . . . By and against corporations . . . . . . . . . . . . . . . . . . Not affected by change in government . . . . . . . . . . Transfer from territorial to state court . . . . . . . . . . . 2 12 27 27 26 5 1 5,8,10 2 2 2 2 3 3 3 31 1,41 18 37 12 12 12 Acts Effective date (Stricken by Amendment 7) . . . . . . Effective date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enacting clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not to be amended unless set forth in full. . . . . . . . Presentation to governor necessary . . . . . . . . . . . . . When effective without approval . . . . . . . . . . . . . . Veto, passage over . . . . . . . . . . . . . . . . . . . . . . . . . . (See Bill; Laws; Statutes; Veto) Adjournment of legislature For want of quorum . . . . . . . . . . . . . . . . . . . . . . . . . Governmental continuity during emergency periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8 2 2 42 11 [Vol. 1—page 109] Index Constitution of the State of Washington Adoption of children By special act forbidden. . . . . . . . . . . . . . . . . . . . . 2 Au valorem tax Authority to levy on mines and reforested lands . . 7 1 Advances of money or fees Prohibited to secure rights of accused . . . . . . . . . . 1 22 Advice and consent of senate Required for appointment of officers of state institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 31 Affirmation Mode of administering . . . . . . . . . . . . . . . . . . . . . . 1 6 Of voter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 No. 21 to art No. 22 to art No. 23 to art No. 24 to art No. 25 to art No. 26 to art Agricultural lands Taxation based on actual use . . . . . . . . . . . . . . . . . 7 11 No. 27 to art No. 28 to art Agriculture Bureau of, established . . . . . . . . . . . . . . . . . . . . . . Commodity assessments . . . . . . . . . . . . . . . . . . . . Development and trade promotion, funds for . . . . 2 8 8 34 11 11 Alienation of franchise Corporate liabilities not relieved by. . . . . . . . . . . . 12 8 2 4 33 6 2 33 2 2 37 20 2 2 41 38 28(16) Age Aliens Corporation alien (Repealed by Amendment 42) . Naturalization of, by superior court . . . . . . . Ownership of lands prohibited, exceptions (Repealed by Amendment 42) . . . . . . . . . . . Amendment to bills Act or section amended to be set forth in full . . . . Either house may amend bills of the other. . . . . . . Initiative measure, prohibition against amendment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scope and object not to be changed . . . . . . . . . . . . Amendment to municipal charter By special act forbidden. . . . . . . . . . . . . . . . . . . . . How proposed, submitted and adopted . . . . . . . . . Amendment to Constitution By convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proposal for, may originate in either house . . . . . . Publication of notice of election . . . . . . . . . . . . . . Ratification by electors . . . . . . . . . . . . . . . . . . . . . Revised Constitution, adoption by people . . . . . . . Separate amendments to be separately voted on . . Vote proposing amendment or revision, two-thirds of each house necessary . . . . . . . . . . . . . . . . Amendments to Constitution: Ratified (1) In order of amendments: Amendment No. 1 to art No. 2 to art No. 3 to art No. 4 to art No. 5 to art No. 6 to art No. 7 to art No. 8 to art No. 9 to art No. 10 to art No. 11 to art 16 sec 6 sec 7 sec 1 sec 6 sec 6 sec 3 sec 2 sec 2 sec 1 sec 1 sec 1 sec 1 sec 8 sec 5 1 2 11 1 2 (deleted) 10 1 31 (deleted) 33 (added) 34 (added) 16 22 4 [Vol. 1 RCW—page 110] 2 11 28(8) 10 23 23 23 23 23 23 2 1 1 1 3 1 23 1,2 No. 12 to art No. 13 to art No. 14 to art No. 15 to art No. 16 to art No. 17 to art No. 18 to art No. 19 to art No. 20 to art No. 29 to art No. 30 to art No. 31 to art No. 32 to art No. 33 to art No. 34 to art No. 35 to art No. 36 to art No. 37 to art No. 38 to art No. 39 to art No. 40 to art No. 41 to art No. 42 to art No. 43 to art No. 44 to art No. 45 to art No. 46 to art No. 47 to art No. 48 to art No. 49 to art No. 50 to art No. 51 to art No. 52 to art No. 53 to art No. 54 to art No. 55 to art No. 56 to art No. 57 to art No. 58 to art No. 59 to art No. 60 to art No. 61 to art No. 62 to art No. 63 to art No. 64 to art No. 65 to art No. 66 to art No. 67 to art No. 68 to art No. 69 to art No. 70 to art No. 71 to art No. 72 to art 11 sec 2 sec 7 sec 7 sec 15 sec 12 sec 7 sec 2 sec 7 sec 2 sec 3 sec 28 sec 11 sec 11 sec 11 sec 2 sec 4 sec 2 sec sec 8 sec 4 sec 4 sec 2 sec 2 sec 3 sec 2 sec 24 sec 1 sec 2 sec 2 sec 23 sec 4 sec 2 sec 11 sec 4 sec 2 sec 9 sec 16 sec 8 sec 6 sec 7 sec 8 sec 29 sec 4 sec 8 sec 2 sec 11 sec 7 sec 2 sec 3 sec 4 sec 11 sec 28 sec 30 sec 7 sec 2 sec 11 sec 11 sec 11 sec 7 sec 8 sec 8 sec 31 sec 31 sec 3 sec 6 sec 7 sec 4 sec 4 sec 12 sec 12 sec 2 sec 2 sec 8 sec 4 sec 2 sec 5 15 1 2,3,4 (deleted) 1 11 2 40 (added) 3 (new) 23 (part repeal) 14, 16, 17, 19,20,21,22 (part repeal) 1 (added) 4 7 (repealed) 16 (added) 33 3(a) (added) 1(c) (superseded) 41 (added) 6 6 10 33 1(a) (added) 25 15 1 11 25 1(e) (added) 1 2(a) (added) 42 (added) 10 29 (added) 33 (repealed) 3 5 8 (added) 1A (added) 10 (added) 3 1 (added) 30 (added) 9 (added) 15 6 11 (added) 25 (part repeal) 25 (part repeal) 13 (part repeal) 8 (part repeal) 1 (part repeal) 1 (added) 2 24 5 8 16 2 1 3 1 (added) 2 (added) 12 1 2 6 10 18 14 (repealed) 12 13 10 (added) 31 (added) 1 (2010 Ed.) Index to State Constitution 2 sec 32 sec 2 sec 2 sec 27 sec No. 75 to art 29 sec No. 76 to art 8 sec No. 77 to art 4 sec No. 78 to art 28 sec No. 79 to art 7 sec No. 80 to art 4 sec No. 81 to art 7 sec No. 82 to art 8 sec No. 83 to art 6 sec 13 sec No. 84 to art 1 sec No. 85 to art 4 sec No. 86 to art 8 sec No. 87 to art 4 sec No. 88 to art 1 sec No. 89 to art 4 sec No. 90 to art 7 sec No. 91 to art 8 sec No. 92 to art 8 sec No. 93 to art 29 sec No. 94 to art 4 sec No. 95 to art 7 sec No. 96 to art 2 sec No. 97 to art 4 sec No. 98 to art 7 sec No. 99 to art 7 sec No. 100 to art 2 sec No. 101 to art 7 sec No. 102 to art 16 sec No. 73 to art No. 74 to art 1(a) (stricken) 1 (added) 3 (repealed) 43 (added) 13 (repealed) 1 11 (added) 31 1 2 7 1 10 3 1 35 (added) 31 10 6 11 3 2 10 1 1 7 2 15 31 1 12 29 2 6 Art 4 Art 6 Art 7 (2) In order of articles and sections affected: Art 1 Art 2 Art 3 sec 11—Amendment sec 11—Amendment sec 11—Amendment sec 16—Amendment sec 22—Amendment sec 33—(added) sec 34—(added) sec 35—(added) sec 1—Amendment sec 1(e)—(added) sec 1—Amendment sec 1(a)—(added) sec 1(a)—(stricken) sec 3—(repealed) sec 11(c)—(supersed.) sec 12—Amendment sec 13—Amendment sec 15—Amendment sec 15—Amendment sec 15—Amendment sec 15—Amendment sec 23—(part rep.) sec 24—Amendment sec 25—Amendment sec 25—(part rep.) sec 29—Amendment sec 31—(deleted) sec 33—Amendment sec 33—Amendment sec 33—(repealed) sec 40—(added) sec 41—(added) sec 42—(added) sec 43—(added) sec 10—Amendment sec 12—Amendment sec 14 sec 16 (2010 Ed.) No. 4 No. 34 No. 88 No. 9 No. 10 No. 8 No. 8 No. 84 No. 7 No. 36 No. 72 No. 30 No. 72 No. 74 No. 26 No. 68 No. 69 No. 13 No. 32 No. 52 No. 96 No. 20 No. 56 No. 35 No. 54 No. 100 No. 7 No. 24 No. 29 No. 42 No. 18 No. 26 No. 39 No. 74 No. 6 No. 62 Art 8 Art 9 Art 11 Art 12 Art 13 sec 17 sec 19—Amendment sec 20 (part rep.) sec 21 sec 22 sec 25—Amendment sec 25—(part rep.) sec 2(a)—(added) sec 3—Amendment sec 3(a)—(added) sec 6—Amendment sec 6—Amendment sec 6—Amendment sec 7—Amendment sec 7—Amendment sec 10—Amendment sec 10—Amendment sec 13—(part rep.) sec 29—(added) sec 30—(added) sec 31—(added) sec 31—Amendment sec 31—Amendment sec 31—Amendment sec 1—Amendment sec 1—Amendment sec 1—Amendment sec 1A—(added) sec 2—(deleted) sec 3—Amendment sec 1—Amendment sec 1—Amendment sec 1—Amendment sec 2—(original) sec 2—Amendment sec 2—Amendment sec 2—Amendment sec 2—Amendment sec 2—Amendment sec 2—Amendment sec 2—Amendment sec 2—Amendment sec 3—(new) sec 10—(added) sec 11—(added) sec 12—(added) sec 1—Amendment sec 1—Amendment sec 3—Amendment sec 3—Amendment sec 4—Amendment sec 6—Amendment sec 8—(added) sec 9—(added) sec 10—(added) sec 10—Amendment sec 10—Amendment sec 10—Amendment sec 11—(added) sec 3—Amendment sec 4—Amendment sec 5—Amendment sec 5—Amendment sec 6—Amendment sec 7—(repealed) sec 8—(part rep.) sec 8—Amendment sec 10—Amendment sec 10—Amendment sec 16—(added) sec 16—Amendment sec 11—Amendment sec 14—(repealed) sec 18—Amendment sec 1—Amendment Index No. 20 No. 31 No. 54 No. 38 No. 89 No. 25 No. 28 No. 65 No. 87 No. 80 No. 94 No. 28 No. 65 No. 54 No. 41 No. 50 No. 71 No. 77 No. 85 No. 97 No. 2 No. 5 No. 63 No. 46 No. 5 No. 83 No. 14 No. 81 No. 98 No. 3 No. 17 No. 55 No. 59 No. 64 No. 79 No. 90 No. 95 No. 101 No. 19 No. 47 No. 53 No. 99 No. 60 No. 92 No. 48 No. 60 No. 11 No. 27 No. 45 No. 51 No. 70 No. 82 No. 86 No. 91 No. 76 No. 43 No. 21 No. 12 No. 57 No. 52 No. 22 No. 54 No. 57 No. 40 No. 91 No. 23 No. 58 No. 16 No. 67 No. 66 No. 83 [Vol. 1 RCW—page 111] Index Art 15 Art 16 Art 23 Art 24 Art 27 Art 28 Art 29 Art 30 Art 31 Art 32 Constitution of the State of Washington sec 1—Amendment sec 5—Amendment sec 5—Amendment sec 6—(added) sec 1—Amendment sec 1—Amendment sec 13—(repealed) sec 1—(added) sec 1—(part rep.) sec 1—Amendment sec 1—(added) sec 1—Amendment sec 1—Amendment sec 1—(added) sec 1—(added) sec 2—(added) sec 1—(added) No. 15 No. 1 No. 44 No. 102 No. 37 No. 33 No. 74 No. 20 No. 54 No. 78 No. 49 No. 75 No. 93 No. 54 No. 61 No. 61 No. 73 Appearance Appearance of accused in criminal cases . . . . . . . . 22 Appellate jurisdiction Of court of appeals . . . . . . . . . . . . . . . . . . . . . . . . . Of superior court . . . . . . . . . . . . . . . . . . . . . . . . . . . From territorial probate courts . . . . . . . . . . . . Of supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 27 4 30 6 10 4 4 13 4 11 3 22 1 18 6 13 2 42 2 14 Appointment Of clerk of supreme court . . . . . . . . . . . . . . . . . . . . Of regents of state institutions. . . . . . . . . . . . . . . . . Of reporter of supreme court . . . . . . . . . . . . . . . . . . To fill vacancy in county offices . . . . . . . . . . . . . . . To fill vacancy in state offices, by governor . . . . . . Governmental continuity during emergency periods . . . . . . . . . . . . . . . . . . . . . . . . . . To office under United States vacates seat in legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Amendments amended or repealed: Amendment 1 amended by Amendment 44 Amendment 2 amended by Amendment 5 Amendment 4 amended by Amendments 34 and 88 Amendment 5 amended by Amendment 63 Amendment 7 amended by Amendments 26, 30, 36, and 72 Amendment 12 amended by Amendment 57 Amendment 13 amended by Amendments 32, 52, and 96 Amendment 14 amended by Amendments 81 and 98 Amendment 17 amended by Amendments 55, 59, 64, 79, 90, 95, and 101 Amendment 20 part rep. by Amendment 54 amended by Amendment 78 Amendment 23 amended by Amendment 58 Amendment 24 repealed by Amendment 42 Amendment 28 amended by Amendments 65 and 87 Amendment 29 repealed by Amendment 42 Amendment 30 stricken by Amendment 72 Amendment 31 part rep. by Amendment 54 Amendment 32 amended by Amendments 52 and 96 Amendment 34 amended by Amendment 88 Amendment 35 part rep. by Amendment 54 Amendment 48 amended by Amendment 60 Amendment 49 amended by Amendments 75 and 93 Amendment 52 amended by Amendment 96 Amendment 55 amended by Amendments 59, 64, 79, 90, 95, and 101 Amendment 59 amended by Amendments 64, 79, 90, 95, and 101 Amendment 60 amended by Amendment 92 Amendment 64 amended by Amendments 79, 90, 95, and 101 Amendment 70 amended by Amendments 82, 86, and 91 Amendment 71 amended by Amendments 77 and 85 Amendment 75 amended by Amendment 93 Amendment 77 amended by Amendment 85 Amendment 79 amended by Amendments 90, 95, and 101 Amendment 80 amended by Amendment 94 Amendment 81 amended by Amendment 98 Amendment 82 amended by Amendment 86 Amendment 86 amended by Amendment 91 Amendment 90 amended by Amendments 95 and 101 Amount in controversy Appellate jurisdiction of supreme court. . . . . . . . . . Original jurisdiction of superior court . . . . . . . . . . . 4 4 4 6 Annual sessions of legislature 2 12 Annulment of marriage Appellate jurisdiction of supreme court. . . . . . . . . . Original jurisdiction of superior court . . . . . . . . . . . (See Divorce) 4 4 4 6 Appeal Right of accused in criminal cases. . . . . . . . . . . . . . (See Appellate jurisdiction) 1 22 [Vol. 1 RCW—page 112] 1 Apportionment Of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of representatives among counties of state . . . . . . . Of school fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of school fund, by special act, prohibited. . . . . . . . Of senators among counties of state . . . . . . . . . . . . Appropriation of private property For public or private use . . . . . . . . . . . . . . . . . . . . . For right-of-way of corporations . . . . . . . . . . . . . . . (See Eminent domain) 2 22 9 2 22 43 2 3 28(7) 1 1 1 16 16 14 9 27 3 8 3 3 19 12 4 1 8 8 8 11 4 4 4 2 31 15 15 15 15 1 2 1 3 1 1 10 24 24 4 10 6 1 31 Arrest Legislators, when privileged from. . . . . . . . . . . . . . Militia, when privileged from . . . . . . . . . . . . . . . . . Voters privileged from at elections, except . . . . . . . 2 10 6 16 5 5 Artificial light City or town may contract debt for, limitations. . . . 8 6 Assemblages of people Right of peaceable assembly not to be abridged . . . 1 4 Appropriations Capitol buildings, for. . . . . . . . . . . . . . . . . . . . . . . . Common school fund, to . . . . . . . . . . . . . . . . . . . . . Expenses of constitutional convention . . . . . . . . . . Item veto of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Money from state treasury shall be paid out by . . . Religious worship, prohibition against appropriation for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reverts unless paid out within two years . . . . . . . . Sum and object to be specified . . . . . . . . . . . . . . . . Time for payment, limitation of . . . . . . . . . . . . . . . When act providing for, to take effect (Stricken by Amendment 7) . . . . . . . . . . . . . . . . . . . . . . . . Area reserved Between harbor lines and line of high tide . . . . . . . Lease of, by state for wharves . . . . . . . . . . . . . . . . . Sale of, restrictions on . . . . . . . . . . . . . . . . . . . . . . . Streets over, authorized . . . . . . . . . . . . . . . . . . . . . . (See Harbors; Navigable waters; Wharves) Arms Private armed bodies not authorized . . . . . . . . . . . . Right of people to bear arms guaranteed. . . . . . . . . Safekeeping of public arms to be provided . . . . . . . Scruples against bearing arms, excuses from militia duty in time of peace . . . . . . . . . . . . . . . . . . . Army Standing, not to be kept in time of peace . . . . . . . . (See Militia) (2010 Ed.) Index to State Constitution Assessment Imposition by special act prohibited . . . . . . . . . . . . Jurisdiction of superior court, original. . . . . . . . . . . Jurisdiction of supreme court, appellate . . . . . . . . . Property of corporations, how assessed (Stricken by Amendment 14) . . . . . . . . . . . . . . . . . . . . . . . Retired persons, property tax exemption . . . . . . . . . Special, for local improvements, authorized . . . . . . Taxation based on special use . . . . . . . . . . . . . . . . . Uniform and equal rate of, to be established (Stricken by Amendment 14) . . . . . . . . . . . . . (See Taxation) Assignment Of superior judges and judicial business by supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of superior judges by governor . . . . . . . . . . . . . . . . Association Combination in restraint of trade prohibited . . . . . . Included in term "corporation" . . . . . . . . . . . . . . . . Issuance of money by, prohibited . . . . . . . . . . . . . . Organization authorized, for construction of telegraph and telephone lines . . . . . . . . . . . . . . . . Assumption Of territorial debts by state . . . . . . . . . . . . . . . . . . . 2 4 4 3 10 9 11 7 2 4 4 2(a) 5 On suspension of the prohibition against introduction of bills. . . . . . . . . . . . . . . . . . . . (See Yeas and nays) 2 36 Allowable on sufficient sureties, exceptions . . . . . . Excessive, not to be required. . . . . . . . . . . . . . . . . . 1 1 20 14 Ballot Elections to be by . . . . . . . . . . . . . . . . . . . . . . . . . . Form of, in voting for Constitution, etc. . . . . . . . . . Initiative measures, ballot submitting . . . . . . . . . . . Presidential, casting. . . . . . . . . . . . . . . . . . . . . . . . . Secrecy of, provision to be made for. . . . . . . . . . . . Superior court judge, election for . . . . . . . . . . . . . . 6 27 2 6 6 4 6 18 1 1(A) 6 29 Banking corporations Stockholder liability . . . . . . . . . . . . . . . . . . . . . . . . Officers of, when liable for deposits . . . . . . . . . . . . 12 12 11 12 Banks Liability of officers for deposits . . . . . . . . . . . . . . . Liability of stockholders . . . . . . . . . . . . . . . . . . . . . 12 12 12 11 Beds and shores of navigable waters Disclaimer of title by state where patented, exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ownership of, asserted by state . . . . . . . . . . . . . . . . 17 17 2 1 2 2 2 2 2 2 2 2 37 20 38 31 l,41 20 18 22 2 2 2 36 18 22 2 3 2 3 3 2 20 12 1 12 12 38 2 2 2 2 3 2 3 3 2 2 32 19 19 19 12 1 12 12 30 22 Bill of attainder Enactment of, prohibited . . . . . . . . . . . . . . . . . . . . . 1 23 Boats Jurisdiction of public offense committed on . . . . . . 1 22 12 6 8 8 27 32 7 1 4 1 28(5) 6 4 7 7 7 7 Index Bail 12 12 12 22 5 11 12 19 26 3 Attack (See Invasion and attack) Bill Attainder Bills of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . 1 23 Attestation Of commissions, by secretary of state . . . . . . . . . . . 3 15 3 3 5 3 4 4 21 1 2 24 9 9 3 3 10 3 1 22 11 5 3 3 5 3 3 3 20 1 2 25 24 24 3 3 10 3 Attorney general Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impeachment, liability to . . . . . . . . . . . . . . . . . . . . . Records of office, to be kept at seat of government Removal from office by legislature . . . . . . . . . . . . . Rights of accused . . . . . . . . . . . . . . . . . . . . . . . . . . . Salary (See Salaries) Succession to governorship . . . . . . . . . . . . . . . . . . . Term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attorneys at law Accused in criminal cases entitled to appear by counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prosecuting attorney, duty of legislature to provide for election of . . . . . . . . . . . . . . . . . . . . . . . . . Auditor Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impeachment, liability to . . . . . . . . . . . . . . . . . . . . . Office may be abolished by legislature . . . . . . . . . . Records to be kept at seat of government . . . . . . . . Residence at seat of government required . . . . . . . . Salary (See Salaries) Succession to governorship . . . . . . . . . . . . . . . . . . . Term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ayes and noes When to be taken and entered on journal. . . . . . . . . On amendments to Constitution proposed . . . On demand of one-sixth of members of either house . . . . . . . . . . . . . . . . . . . . . . . . . . . On emergency clauses (Stricken by Amendment 7) . . . . . . . . . . . . . . . . . . . . . . . . . . On final passage of bills . . . . . . . . . . . . . . . . . On removal of public officer by legislature . . On senate’s confirmation or rejection of governor’s appointees . . . . . . . . . . . . . . . . . (2010 Ed.) 23 1 2 21 2 2 4 31 22 9 13 1 Act or section amended must be set forth in full. . . Amendment of, may be made by either house . . . . Amendment of, shall not change scope and object . Effective date (Stricken by Amendment 7) . . . . . . Effective date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Either house may originate bills . . . . . . . . . . . . . . . Enacting clause required . . . . . . . . . . . . . . . . . . . . . Final passage, requisites of . . . . . . . . . . . . . . . . . . . Initiative measures (See Initiative and referendum) Introduction of, limitation on time of . . . . . . . . . . . Laws to be enacted by . . . . . . . . . . . . . . . . . . . . . . . Passage by either house, requisite proceedings. . . . Passage by one house, subject to amendment in other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Passage over governor’s veto . . . . . . . . . . . . . . . . . Power of people to propose, pass, etc. . . . . . . . . . . Presentation to governor for approval . . . . . . . . . . . When becomes law without approval . . . . . . . . . . . Scope of, not to be changed by amendment . . . . . . Signature by presiding officers of both houses necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subject restricted to one object . . . . . . . . . . . . . . . . Subject to be expressed in title . . . . . . . . . . . . . . . . Title of, to express subject. . . . . . . . . . . . . . . . . . . . Veto of, power of governor . . . . . . . . . . . . . . . . . . . Initiative or referred measures. . . . . . . . . . . . . . . . . Separate items or sections subject to . . . . . . . . . . . . Session, extraordinary, to reconsider. . . . . . . . . . . . Vote on, by interested legislators prohibited . . . . . . Vote on, how taken . . . . . . . . . . . . . . . . . . . . . . . . . (See Acts; Laws) Bonds Corporations can issue only for money, labor or property received . . . . . . . . . . . . . . . . . . . . . . County and municipal corporations not to own bonds of private corporations . . . . . . . . . . . . . Debt limitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Executed to territory to pass to state . . . . . . . . . . . . Industrial development projects financing . . . . . . . [Vol. 1 RCW—page 113] Index Constitution of the State of Washington Investment of school funds in . . . . . . . . . . . . . . . . . Nonrecourse revenue bonds by governmental entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State building authority, by . . . . . . . . . . . . . . . . . . . Limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16 3 5 32 8 8 1 9 1(g) 11 3 Boundaries Of county, change by division or enlargement . . . . Of county, change by special legislation prohibited, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of existing counties recognized. . . . . . . . . . . . . . . . Of state, defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 11 24 Bribery Criminating evidence compulsory . . . . . . . . . . . . . . Disqualifies for holding office . . . . . . . . . . . . . . . . . Legislature to define and provide punishment for . . 2 2 2 30 30 30 Buildings, public State building authority . . . . . . . . . . . . . . . . . . . . . . 8 9 28(18) 1 1 Bureau of statistics, agriculture and immigration Legislature to provide for. . . . . . . . . . . . . . . . . . . . . 2 34 Bureau of vital statistics Legislature to establish . . . . . . . . . . . . . . . . . . . . . . 20 1 Canal companies Common carriers, subject to legislative control . . . Discrimination in charges prohibited . . . . . . . . . . . . 12 12 13 15 1 20 Capital offenses Bailable, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Crime) Capitol buildings Appropriations for . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 Caste Discrimination in education on account of, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1 Causes Transfer from territorial to state courts . . . . . . . . . . (See Actions) 27 Census Apportionments of legislative members based on federal census . . . . . . . . . . . . . . . . . . . . . . . . . Enumeration to be made in decennial periods (Repealed by Amendment 74) . . . . . . . . . . . . 2 43 2 3 4 4 6 4 25 1 25 1 Cession of jurisdiction Exclusive legislation over certain lands given to United States . . . . . . . . . . . . . . . . . . . . . . . . . . Retention by state of jurisdiction for service of process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,8,10 Change of name Special legislation prohibited. . . . . . . . . . . . . . . . . . 2 28(1) Changing county lines Special legislation prohibited, except . . . . . . . . . . . 2 28(18) Changing county seats Special legislation prohibited. . . . . . . . . . . . . . . . . . 2 28(18) Chaplain [Vol. 1 RCW—page 114] Charter Corporate Creation by special legislation forbidden . . . . Extension of, by legislature prohibited. . . . . . Forfeiture of, not to be remitted . . . . . . . . . . . Void for want of organization, when . . . . . . . Municipal Creation or amendment by special law, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . Election for, how conducted. . . . . . . . . . . . . . Grant of, to be under general laws . . . . . . . . . How amended. . . . . . . . . . . . . . . . . . . . . . . . . Power of certain cities to frame . . . . . . . . . . . Publication, prior to submission . . . . . . . . . . . Subject to general laws. . . . . . . . . . . . . . . . . . Submission of alternate propositions . . . . . . . Chief justice of supreme court Method of determining . . . . . . . . . . . . . . . . . . . . . . Presides on trial of impeachments, when . . . . . . . . Children Adoption of, by special act, forbidden . . . . . . . . . . Duty of state to educate all . . . . . . . . . . . . . . . . . . . (See Minors) Citizens All entitled to equal privileges and immunities. . . . Citizenship qualification for voters . . . . . . . . . . . . . Voter qualifications, presidential elections . . . . . . . 1 11 12 12 12 12 1 3 3 2 2 11 11 11 11 11 11 11 28(8) 10 10 10 10 10 10 10 4 5 3 1 2 9 28(16) 1 1 6 6 12 1 1A 32 1 11 2 11 11 11 10 28(8) 10 10 10 11 11 11 11 8 2 8 11 8 10 10 10 16 7 28(8) 7 10 6 City Capital of state (See Seat of government) Certiorari Jurisdiction of superior court . . . . . . . . . . . . . . . . . . Jurisdiction of supreme court. . . . . . . . . . . . . . . . . . For state correctional, mental institutions, county or public health district health care. . . . . . . . . . . Bonds, nonrecourse revenue for industrial development projects . . . . . . . . . . . . . . . . . . . . . . . . . Charter Alternative propositions, submission of . . . . . Amendment by special law prohibited . . . . . . Amendments of, how effected . . . . . . . . . . . . Election of freeholders . . . . . . . . . . . . . . . . . . Freeholder’s charter, what cities may frame . Publication of election notices and of proposed charter . . . . . . . . . . . . . . . . . . . . . Submission of the charter proposed . . . . . . . . Vote on, majority necessary to ratify . . . . . . . Combined city-county . . . . . . . . . . . . . . . . . . . . . . . Corporate stock or bonds, not to be owned by . . . . Creation by special act prohibited . . . . . . . . . . . . . . Credit of, not to be loaned, except. . . . . . . . . . . . . . Incorporation of, must be under general laws Indebtedness, limitations on . . . . . . . . . . . . . . . . . . Justice of peace in, legislature to prescribe powers, duties, jurisdiction and number . . . . . . . . . . . May act as police justice . . . . . . . . . . . . . . . . Salary of, in cities of over 5,000 . . . . . . . . . . Local improvements by special assessment or taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Officers of Compensation increase. . . . . . . . . . . . . . . . . . Must deposit public moneys with treasurer . . Recall of officers (See Recall of officers) Salary not to be changed during term (Partially repealed by Amendment 54) . . . . . (Amendment 54). . . . . . . . . . . . . . . . . . . . . . . Term of office not to be extended . . . . . . . . . Use of public money by, a felony. . . . . . . . . . Police and sanitary regulations may be enforced . . Police justice, justice of peace may act as. . . . . . . . Reincorporation under general laws permitted to cities under special charter . . . . . . . . . . . . . . . Taxation Authorized to assess and collect general . . . . Local improvements . . . . . . . . . . . . . . . . . . . . Local taxes not to be imposed by legislature . 4 4 4 10 10 10 7 9 30 11 1 15 11 30 11 11 11 4 8 1 8 14 11 10 11 10 7 7 11 9 9 12 (2010 Ed.) Index to State Constitution Power to assess and collect rests in city. Uniformity in respect to persons and property required . . . . . . . . . . . . . . . . . . . . . . . . . (See Municipal corporation; Municipal courts; Municipal fine) Civil actions Limitation by special act prohibited . . . . . . . . . . . . Number of jurors in . . . . . . . . . . . . . . . . . . . . . . . . . Number of jurors necessary for verdict . . . . . . . . . . Parties may waive jury. . . . . . . . . . . . . . . . . . . . . . . (See Actions) 11 12 7 9 2 1 1 1 28(17) 21 21 21 1 2 1 19 42 18 Classification Of cities and towns in proportion to population . . . Of counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of judges of supreme court by lot . . . . . . . . . . . . . . 11 11 4 10 5 3 Clerk Of county, providing for election of . . . . . . . . . . . . Of superior court, county clerk is . . . . . . . . . . . . . . Of supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 4 5 26 22 Color Discrimination in education on account of, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Combinations To affect prices, production, or transportation of commodities, prohibited . . . . . . . . . . . . . . . . . (See Monopolies) Common carriers Canal companies are . . . . . . . . . . . . . . . . . . . . . . . . Discrimination in charges or service prohibited . . . Maximum rate of charges, legislature may regulate Railroad companies are . . . . . . . . . . . . . . . . . . . . . . Regulation of, by commission, authorized . . . . . . . Subject to legislative control . . . . . . . . . . . . . . . . . . Telegraph and telephone companies are . . . . . . . . . Transportation companies are . . . . . . . . . . . . . . . . . (See Canal, Railroad, Transportation, Telegraph and telephone companies) Common school fund Enlargement of . . . . . . . . . . . . . . . . . . . . . . . . . . . . Income from, to be applied to common schools . . . Interest to be expended for current expenses . . . . . Investment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Losses occasioned by default, fraud, etc., to become permanent debt against state. . . . . . . . . . . . . . Principal of, to remain irreducible. . . . . . . . . . . . . . Sources of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See School fund) Common schools General and uniform system to be established . . . . Management by special legislation prohibited . . . . Superintendent of public instruction to supervise . . (See Education; Public schools) 12 12 12 12 12 12 12 12 13 15 18 13 18 13 19 13 9 Common school construction fund established Civil power Elections to be free from interference by. . . . . . . . . Governmental continuity during emergency periods Military subordinate to. . . . . . . . . . . . . . . . . . . . . . . Collection of taxes Time not to be extended by special laws . . . . . . . . . (See Taxation) Index 3 9 9 9 16 3 2 3 5 9 9 9 5 3 3 9 28(5) 1 2 28(15) 22 Commutation of sentence Report by governor to legislature . . . . . . . . . . . . . . 2 9 2 3 3 11 Commutation of taxes Prohibition against state granting . . . . . . . . . . . . . . 11 9 15 12 22 Commutation tickets Carrier may grant, at special rates . . . . . . . . . . . . . . 12 11 16 Compact with United States Irrevocable without mutual consent 26 3 8 Comment on facts Judge not to make, in charging jury. . . . . . . . . . . . . 4 16 Commission To establish harbor lines . . . . . . . . . . . . . . . . . . . . . To regulate railroad and transportation lines . . . . . . To set salaries, authorized . . . . . . . . . . . . . . . . . . . . 15 12 28 1 18 1 4 31 Combined city-county Commander-in-chief Governor to be, when militia in state service . . . . . (See Militia) Commission on judicial conduct Commissioner of public lands Duties of, to be prescribed by legislature. . . . . . . . . Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office may be abolished by legislature . . . . . . . . . . Records of, to be kept at seat of government. . . . . . Salary (See Salaries) Succession to governorship . . . . . . . . . . . . . . . . . . . Term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 3 3 23 1 25 24 3 3 10 3 Commissioners Appointment of for state institutions . . . . . . . . . . . . 13 1 Commissions Issuance of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 15 Committees of legislature 2 12 Commodities Agricultural commodity commission assessments . 8 11 (2010 Ed.) Compensation Appropriation of private property . . . . . . . . . . . . . . Attorney general . . . . . . . . . . . . . . . . . . . . . . . . . . . Change of, during term of public officer. . . . . . . . . (Partially repealed by Amendment 54) . . . . . (Amendment 54). . . . . . . . . . . . . . . . . . . . . . . Classification of counties in fixing compensation of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County, township, precinct and district officers (Partially repealed by Amendment 54) . . . . . Eminent domain, compensation for property taken in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extra, not to be granted to public officers . . . . . . . . For right-of-way for corporations . . . . . . . . . . . . . . Jury to ascertain compensation due . . . . . . . . Judges of court of appeals . . . . . . . . . . . . . . . . . . . . Judges of supreme and superior courts . . . . . . . . . . Jury to ascertain compensation in eminent domain. Justice of peace in cities of over 5,000 . . . . . . . . . . Member of legislature (Partially repealed by Amendment 20) . . . . . . . . . . . . . . . . . . . . . . . State officers (Partially repealed by Amendment 54). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Increase during term . . . . . . . . . . . . . . . . . . . . . . . . Waiver of jury trial for ascertaining compensation in eminent domain . . . . . . . . . . . . . . . . . . . . . 1-4 1 3 16 21 2 3 4 11 28 30 25 25 13 8 1 1 11 5 11 5,8 1 2 1 1 4 4 1 4 16 25 16 16 30 13,14 16 10 2 23 28 30 1 1 1 16 Conditions [Vol. 1 RCW—page 115] Index Constitution of the State of Washington On foreign corporations doing business . . . . . . . . . Confession in open court Effect in treason . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1 7 27 Confronting witnesses Right of accused. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 22 Congress Exclusive power of legislature over lands of . . . . . . United States in state . . . . . . . . . . . . . . . . . . . . . . . . Subject to state’s right to serve process . . . . . Indian lands under jurisdiction of . . . . . . . . . . . . . . Legislator elected to, vacates seat . . . . . . . . . . . . . . Member of, ineligible to legislature. . . . . . . . . . . . . Representatives in, election of . . . . . . . . . . . . . . . . . 25 25 26 2 2 2 1 1 2 14 14 43 Congressional districts Redistricting commission. . . . . . . . . . . . . . . . . . . . . 2 43 Conscience, freedom of Guaranteed to every individual . . . . . . . . . . . . . . . . 1 11 Consent of governed Source of governmental powers. . . . . . . . . . . . . . . . 1 1 Conservation, energy, water, or stormwater or sewer services Loans of credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Consolidation On competing lines of railroad prohibited . . . . . . . . 12 16 Constitution Amendment, how effected . . . . . . . . . . . . . . . . . . . . Election for voting on, how conducted . . . . . . Form of ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency, legislature’s departure from . . . . . . . . . Constitution, limited authority . . . . . . . . . . . . Existing rights not affected by . . . . . . . . . . . . . . . . . In effect, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mandatory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Submission to people . . . . . . . . . . . . . . . . . . . United States, supreme law of land . . . . . . . . . . . . . (See Amendment to Constitution) 23 27 27 1 15 18 2 27 27 1 23 23 1 42 1 16 29 2 3 2 Constitutional convention Expenses of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To revise or amend Constitution . . . . . . . . . . . . . . . 27 23 19 2 Contempt Each house may punish for . . . . . . . . . . . . . . . . . . . 2 9 Contested elections (See Elections) Continuity of government During periods of emergency due to enemy attack . Contracts Affecting price, production, or transportation, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Combination between common carriers prohibited (Repealed by Amendment 67) . . . . . . . . . . . . Impairment of obligation prohibited . . . . . . . . . . . . State building authority, by . . . . . . . . . . . . . . . . . . . 2 42 12 22 12 1 8 14 23 9 Conveyance Jurisdiction of public offense committed on public conveyance . . . . . . . . . . . . . . . . . . . . . . . . . . . Of lands to aliens invalid (Repealed by Amendment 42) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 22 2 33 Conviction No corruption of blood nor forfeiture of estate . . . . 1 15 [Vol. 1 RCW—page 116] On impeachment, two-thirds of senators must concur . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 Convict labor Contracts for, prohibited . . . . . . . . . . . . . . . . . . . . . Working for benefit of state authorized. . . . . . . . . . 2 2 29 29 Copartnerships Combinations affecting price, production or transportation prohibited . . . . . . . . . . . . . . . . . . . . 12 22 Copies Right of accused to copy of accusation . . . . . . . . . . 1 22 Corporate powers Not to be granted by special laws . . . . . . . . . . . . . . 2 28(6) Corporate property Appropriation by eminent domain not to be abridged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taxation of, power not to be surrendered (Stricken by Amendment 14) . . . . . . . . . . . . . . . . . . . . . Corporations Alien, when (Repealed by Amendment 42) . . . . . . Appropriation of right-of-way. . . . . . . . . . . . . . . . . Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not to be owned by counties or cities . . . . . . Restriction on issuance . . . . . . . . . . . . . . . . . . Business, may be regulated by law . . . . . . . . . . . . . Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Invalid, if unorganized when Constitution adopted, conditions . . . . . . . . . . . . . . . . Not to be extended . . . . . . . . . . . . . . . . . . . . . Combinations affecting price, production, or transportation prohibited . . . . . . . . . . . . . . . . . . . . Creation by special act prohibited . . . . . . . . . . . . . . Debts, relief by special act prohibited . . . . . . . . . . . Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eminent domain, property subject to . . . . . . . . . . . Equal privileges and immunities . . . . . . . . . . . . . . . Foreign, not to be favored . . . . . . . . . . . . . . . . . . . . Forfeiture of franchise . . . . . . . . . . . . . . . . . . . . . . . For unlawful combinations. . . . . . . . . . . . . . . Not to be remitted. . . . . . . . . . . . . . . . . . . . . . Formation, by general and not by special laws . . . . Franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alienation or lease not to relieve liability . . . May be forfeited . . . . . . . . . . . . . . . . . . . . . . . Laws relating to may be amended or repealed . . . . Legislative control . . . . . . . . . . . . . . . . . . . . . . . . . . Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For receipt of bank deposits after insolvency. Not relieved by alienation or lease of franchise Loan of school funds to, prohibited (Amended by Amendment 44) . . . . . . . . . . . . . . . . . . . . . . . Money, issuance prohibited . . . . . . . . . . . . . . . . . . . Monopolies and trusts forbidden . . . . . . . . . . . . . . . State building authority . . . . . . . . . . . . . . . . . . . . . . State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not to subscribe to nor own stock . . . . . . . . . Not to surrender power to tax (Stricken by Amendment 14). . . . . . . . . . . . . . . . . . . State credit not to be loaned to . . . . . . . . . . . . . . . . Stockholders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Liability in banking, insurance, and joint stock companies . . . . . . . . . . . . . . . . . . . . . . . May be joined as parties defendant . . . . . . . . Stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Increase, consent and notice necessary . . . . . . . . . . Not to be owned by counties or cities . . . . . . . . . . . Restrictions on issuance . . . . . . . . . . . . . . . . . . . . . Sue and be sued, right and liability . . . . . . . . . . . . . Taxation of property, method of (Stricken by Amendment 14) . . . . . . . . . . . . . . . . . . . . . . . 12 10 7 4 2 1 33 16 8 12 12 7 6 1 12 12 2 3 12 2 2 12 12 1 12 22 28(6) 28(10) 5 10 12 7 12 12 12 22 3 1 12 12 12 12 8 22 1 1 12 12 12 8 16 12 12 8 5 11 22 9 12 9 7 8 4 5 12 4 12 12 11 4 12 8 12 12 6 7 6 5 7 3 (2010 Ed.) Index to State Constitution Telephone and telegraph lines, organization to construct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Franchise) Corrupt solicitation Compulsory testimony in cases of . . . . . . . . . . . . . . Disqualification for holding office. . . . . . . . . . . . . . Punishment to be provided by legislature . . . . . . . . First under Constitution, time of . . . . . . . . . . 12 7 11 5 30 30 30 9 Corruption of blood Conviction not to work . . . . . . . . . . . . . . . . . . . . . . 1 15 22 22 4 4 2 1 2(a) 5 32 11 11 8 11 2 8 1 5 16 7 2 28(18) 7 11 8 3 6 11 11 11 11 11 11 8 8 8 8 2 13 3 1 4 4 16 6 6 6 6 28(18) 2 11 11 28(18) 15 14 2 11 28(18) 3 11 30 5 1 11 5 9 7 5 12 1 9 12 2 4 2 15 11 6 County indebtedness Apportionment, when county divided or enlarged . Rights of creditors not affected . . . . . . . . . . . Increase permitted for water, light and sewers . . . . Limit of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Private property not to be taken in satisfaction of. . 11 11 8 8 11 3 3 6 6 13 2 28(18) County officers Accountability for fees . . . . . . . . . . . . . . . . . . . . . . Bonds unaffected by change in government . . . . . . Compensation to be regulated by legislature . . . . . Classification of counties for purpose of fixing compensation. . . . . . . . . . . . . . . . . . Increase during term . . . . . . . . . . . . . . . . . . . . Duties and term to be prescribed by legislature . . . Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Biennial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legislature to provide for the election of . . . . Time of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility restricted to two terms in succession (Repealed by Amendment 22) . . . . . . . . . . . . Fees Accountability for. . . . . . . . . . . . . . . . . . . . . . Use of, a felony . . . . . . . . . . . . . . . . . . . . . . . Partisan elective, vacancies, how filled. . . . . . . . . . Public money, use of, felonious. . . . . . . . . . . . . . . . Recall of (See Recall of officers) Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Succession of duties, in emergency, temporary, legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Term of office not to be extended . . . . . . . . . . . . . . Term, power of legislature to prescribe. . . . . . . . . . Territorial, how long to hold office . . . . . . . . . . . . . Vacancies, how filled. . . . . . . . . . . . . . . . . . . . . . . . Vacancies, partisan elective offices, how filled. . . . 2 11 11 27 11 2 42 8 5 14 6 15 County seat Change or location by special act prohibited Continuity of government, enemy attack Removal, proceedings for 2 2 11 28(18) 42 2 County treasurer Election, compensation, duties and accountability, legislature to provide . . . . . . . . . . . . . . . . . . . 11 5 4 23 4 13 4 4 4 4 4 4 30 30 30 30 30 30 4 4 4 4 1 12 1 13 11 27 11 5 14 5 11 30 11 5 1 5 6 11 6 8 5 8 11 7 11 11 2 11 5 14 15 14 11 5,8 11 16 27 8 4 11 7 11 11 7 11 County commissioners Election, compensation, etc., legislature to provide Vacancies in legislature, partisan county elective office, filled by . . . . . . . . . . . . . . . . . . . . . . . . Vacancies in township, precinct, and road district offices filled by. . . . . . . . . . . . . . . . . . . . . . . . County lines Change by special act prohibited. . . . . . . . . . . . . . . 2 2 2 4 Bonds, nonrecourse revenue for industrial development projects. . . . . . . . . . . . . . . . . . . . . . . . . . Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Combined city and county . . . . . . . . . . . . . . . . . . . . Corporate bonds or stocks not to be owned County seat removal . . . . . . . . . . . . . . . . . . . . . . . . Not to be changed by special act. . . . . . . . . . . Credit not to be loaned, exceptions . . . . . . . . . . . . . Debts Apportionment on division or enlargement . . Limit of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Private property not to be taken in satisfaction of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division, how effected . . . . . . . . . . . . . . . . . . . . . . . Existing to be legal subdivision of state . . . . . . . . . Government, legislature to provide system . . . . . . . Home rule charter, authorized . . . . . . . . . . . . . . . . . For combined city-county . . . . . . . . . . . . . . . . Indebtedness, limit of. . . . . . . . . . . . . . . . . . . . . . . . Additional, assent of voters necessary . . . . . . Assessment as basis of, how ascertained . . . . Restriction as to purpose . . . . . . . . . . . . . . . . . Lines, not to be changed by special act . . . . . . . . . . Location of county seat not to be changed by special act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moneys to be deposited with treasurer . . . . . . . . . . Use of, by official, a felony . . . . . . . . . . . . . . New county, formation by special act not prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on . . . . . . . . . . . . . . . . . . . . . . . . Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Election, duties, terms, compensation. . . . . . . Increase in compensation during term . . . . . . Recall of officers (See Recall) Police and sanitary regulations, power to enforce . . School funds may be invested in bonds of (Amended by Amendment 44) . . . . . . . . . . . . Seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stock or bonds of corporation not to be owned . . . . Superior court located in each county . . . . . . . . . . . Taxation, power to assess and collect . . . . . . . Exemption of county property from taxation. . . . . . Taxes, liability for proportionate share of state . . . . Local, legislature not to impose . . . . . . . . . . . One percent limitation. . . . . . . . . . . . . . . . . . . Township organization in. . . . . . . . . . . . . . . . . . . . . 27 19 Corruption in office Judges, attorney general and prosecuting attorneys removable by legislature . . . . . . . . . . . . . . . . . County Apportionment Of representatives among . . . . . . . . . . . . . . . . Of senators . . . . . . . . . . . . . . . . . . . . . . . . . . . Assignment of superior court judges . . . . . . . . . . . . Index Court commissioners Appointment and powers. . . . . . . . . . . . . . . . . . . . . Excepted from prohibition against compensation by fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court of appeals Administration and procedure . . . . . . . . . . . . . . . . . Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conflicts with other constitutional provisions. . . . . Judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of superior court actions. . . . . . . . . . . . . . . County attorney (See Prosecuting attorney) County clerk Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Clerk of superior court, ex officio . . . . . . . . . . . . . . Duties, term, and salary, legislature to provide . . . . Election to be provided for by legislature . . . . . . . . (2010 Ed.) 11 4 11 11 5 26 5 5 Courts Inferior, legislature to provide . . . . . . . . . . . . . . . . . Jurisdiction and powers to be prescribed . . . . Judicial power vested in specified courts . . . . . . . . Officers to be salaried, exceptions . . . . . . . . . Of record [Vol. 1 RCW—page 117] Index Constitution of the State of Washington Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judges not to practice law . . . . . . . . . . . . . . . . Temporary performance of judicial duties . . . . . . . . (See District courts; Inferior courts; Justice of Peace; Municipal courts; Probate courts; Superior court; Supreme court) Credit Agricultural promotional activities, use of commodity assessments . . . . . . . . . . . . . . . . . . . . . . . . Energy, water, or stormwater or sewer services loans for conservation . . . . . . . . . . . . . . . . . . . Of county or municipal corporations not to be given or loaned, exceptions . . . . . . . . . . . . . . . . . . . Of state not to be given or loaned . . . . . . . . . . . . . . Port district promotional activities. . . . . . . . . . . . . . State building authority . . . . . . . . . . . . . . . . . . . . . . Crimes Accused not required to criminate self . . . . . . . . . . Except in case of bribery or corrupt solicitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conviction shall not work corruption of blood . . . . Cruel punishment prohibited . . . . . . . . . . . . . . . . . . Ex post facto laws not to be passed . . . . . . . . . . . . . Infamous, conviction as bar to voting . . . . . . . . . . . Persons charged with to be bailable . . . . . . . . . . . . Prosecution may be by information . . . . . . . . . . . . . In name of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Criminal actions) Criminal actions Advance payment of money to secure rights of accused prohibited . . . . . . . . . . . . . . . . . . . . . Appeal, right of accused . . . . . . . . . . . . . . . . . . . . . Appearance by accused in person or counsel . . . . . Double jeopardy, prohibition against . . . . . . . . . . . . Evidence, accused not required to incriminate self . Jurisdiction Appellate of supreme court . . . . . . . . . . . . . . . . . . . Of offenses committed on public conveyances . . . . Original of superior court. . . . . . . . . . . . . . . . . . . . . Limitation by special act prohibited . . . . . . . . . . . . Process, style of . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prosecution by information allowed . . . . . . . . . . . . In name of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . On change from territorial to state government . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rights of accused . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Actions; Crimes) Cruel punishment Not to be inflicted . . . . . . . . . . . . . . . . . . . . . . . . . . Damage To private property for public or private use to be compensated . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 4 11 19 2(a) 8 10 8 8 12 8 8 7 5 9 8 9 1 9 2 1 1 1 6 1 1 4 30 15 14 23 3 20 25 27 4 4 4 4 Declaration of rights Statement in Constitution . . . . . . . . . . . . . . . . . . . . . 1 1-32 Deeds Validation by special law prohibited . . . . . . . . . . . . . 2 28(9) Defects and omissions in law Report to governor by supreme judges . . . . . . . . . . . To supreme by superior judges . . . . . . . . . . . . . . . . . 4 4 25 25 Defense Of officer removed on charges . . . . . . . . . . . . . . . . . Right of accused in criminal actions . . . . . . . . . . . . . 4 1 9 22 8 7 1 8 20 2 21 18 22 22 22 9 9 Delinquency in office (See Corruption in office) Deposits Bank officers liable for, when . . . . . . . . . . . . . . . . . . Public moneys with treasurer required . . . . . . . . . . . 12 11 12 15 4 1 4 2 4 1 4 4 22 6 28(17) 27 25 27 Depot Jurisdiction of public offense committed at . . . . . . . 1 22 Developmentally Disabled Trust funds, investments . . . . . . . . . . . . . . . . . . . . . . 29 1 2 28(4) Disapproval of bills By governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Initiative measure . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 12 1 Discipline Of state militia, legislature to prescribe. . . . . . . . . . . 10 2 Disclaimer State’s title to patented lands . . . . . . . . . . . . . . . . . . . Unappropriated public and Indian lands . . . . . . . . . . 17 26 2 2 12 12 15,18 19 9 12 1 7 12 12 21 19 2 9 27 1 1 5 22 14 2 35 3 10 Debate Members of legislature not liable for words spoken 2 17 Debts Corporate, fictitious increase void . . . . . . . . . . . . . . Liability of stockholders . . . . . . . . . . . . . . . . . . . . . Due territory to inure to state . . . . . . . . . . . . . . . . . . Imprisonment for, prohibited, exception . . . . . . . . . Municipal corporations, limitation on . . . . . . . . . . . 12 12 27 1 8 [Vol. 1 RCW—page 118] Decisions Superior court judge, within what time . . . . . . . . . . . Supreme court, in writing and grounds stated . . . . . . Publication, free to anyone . . . . . . . . . . . . . . . . . . . . Reporter for, appointment . . . . . . . . . . . . . . . . . . . . . 1 1 1 1 1 16 Death Succession to office upon death or disability of governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28(10) 9 1(g) 1-3 2 1,3 3 Deficits in revenue State may contract debts to meet . . . . . . . . . . . . . . . . Tax may be levied to pay. . . . . . . . . . . . . . . . . . . . . . 1 Dangerous employments Protection to persons engaged in . . . . . . . . . . . . . . . . . . . 2 8 8 8 8 8 26 11 8 Release by special act prohibited . . . . . . . . . . . . . . . State building authority . . . . . . . . . . . . . . . . . . . . . . . Limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State, power to contract . . . . . . . . . . . . . . . . . . . . . . . In case of invasion, insurrection, etc. . . . . . . . . . . . . Limitation on power . . . . . . . . . . . . . . . . . . . . . . . . . Territorial, assumed by state . . . . . . . . . . . . . . . . . . . (See City; County indebtedness; Indebtedness of corporations; State indebtedness) 6 4,11 3 17 6 Disability Property of person under, cannot be affected by special laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discrimination By common carrier prohibited . . . . . . . . . . . . . . . . . By telegraph and telephone companies in handling messages prohibited . . . . . . . . . . . . . . . . . . . . . Education to be provided all children . . . . . . . . . . . . In favor of foreign corporations, prohibited . . . . . . . Railroad Prohibited from favoring one express company Prohibited from favoring one telegraph company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disorderly behavior Each house may punish for . . . . . . . . . . . . . . . . . . . . (2010 Ed.) Index to State Constitution Disqualification On conviction for bribery or corrupt solicitation . . . On impeachment . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 30 2 District courts Equity jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of causes from territorial to superior court 4 27 6 8 District officers Duties, term, compensation, legislature to prescribe Election Biennial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legislature to provide for . . . . . . . . . . . . . . . . Time of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recall of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Road district, vacancy . . . . . . . . . . . . . . . . . . . . . . . Territorial, to hold office until when . . . . . . . . . . . . Official bonds unaffected by change in government 11 5 6 11 6 1 11 27 27 8 5 8 33,34 6 14 14 Ditches Taking of private property for . . . . . . . . . . . . . . . . . 1 Divorce Jurisdiction of superior court . . . . . . . . . . . . . . . . . . Legislature not to grant . . . . . . . . . . . . . . . . . . . . . . (See Annulment of marriage) Docks Legislature may authorize lease of harbor areas, limitations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Area reserved; Harbors) 16 4 2 6 24 15 2 Double jeopardy Prohibition against . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 Drains Taking of private property for . . . . . . . . . . . . . . . . . 1 16 Drugs and medicines Legislature to regulate sale . . . . . . . . . . . . . . . . . . . 20 2 Due process of law Life, liberty, property not to be taken without . . . . . 1 3 Earnings Combinations by common carriers to share, prohibited (Repealed by Amendment 67) . . . . . . . . . 12 14 Education Higher education permanent funds . . . . . . . . . . . . . No distinction on account of race, color or sex . . . . Provision for, to be made by state . . . . . . . . . . . . . . Sale of lands for purposes of . . . . . . . . . . . . . . . . . . (See Common schools; Public schools) 16 9 9 9 Effective date Of bills, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of Constitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elections Ballot required, form . . . . . . . . . . . . . . . . . . . . . . . . Civil interference prohibited . . . . . . . . . . . . . . . . . . Constitution Amendment of, submission to vote . . . . . . . . Calling convention to revise . . . . . . . . . . . . . . Revision, submission of instrument . . . . . . . . Vote on adoption of first, under territorial laws Contest for office of superior judge (first election) . County home-rule charter . . . . . . . . . . . . . . . . . . . . County seat, removal of . . . . . . . . . . . . . . . . . . . . . . Criminals, insane persons, idiots excluded from elective franchise . . . . . . . . . . . . . . . . . . . . . . . . . . Electors (See Electors) Executive officers, elections of . . . . . . . . . . . . . . . . First election according to territorial laws . . . . . . . . (2010 Ed.) 6 1 1 3 2 27 41 16 6 1 6 19 23 23 23 27 27 11 11 6 1 2 3 15 12 4 2 3 3 27 1 15 Index Of representative to congress (Repealed by Amendment 74). . . . . . . . . . . . . . . . . . . . Free, equal and undisturbed. . . . . . . . . . . . . . . . . . . . Freeholders to frame city charter. . . . . . . . . . . . . . . . Incompetent persons, disqualification . . . . . . . . . . . . Increasing municipal indebtedness . . . . . . . . . . . . . . Initiative measures (See Initiative and referendum) Judges Of court of appeals . . . . . . . . . . . . . . . . . . . . . . Of superior court . . . . . . . . . . . . . . . . . . . . . . . Of supreme court . . . . . . . . . . . . . . . . . . . . . . . Legislative, to be viva voce . . . . . . . . . . . . . . . . . . . . Legislature Each house judge of its own. . . . . . . . . . . . . . . Representatives. . . . . . . . . . . . . . . . . . . . . . . . . Senators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mentally incompetent persons. . . . . . . . . . . . . . . . . . Military interference prohibited . . . . . . . . . . . . . . . . Officers Not regulated by Constitution, legislature to provide for . . . . . . . . . . . . . . . . . . . . . . . . Under Constitution, time of first . . . . . . . . . . . Presidential elections, voter’s residence . . . . . . . . . . Privilege of voters from arrest at . . . . . . . . . . . . . . . . Qualifications of voters (See Voters) Recall of officers (See Recall of officers) Referendum (See Initiative and referendum) Registration law to be enacted. . . . . . . . . . . . . . . . . . School, women may be accorded franchise (Stricken by Amendment 5). . . . . . . . . . . . . . . . . . . . . . . Seat of government, determination . . . . . . . . . . . . . . Secrecy of ballot required . . . . . . . . . . . . . . . . . . . . . State officers, executive Certificates of election to be given. . . . . . . . . . Contests, legislature to decide . . . . . . . . . . . . . Equal vote, legislature to choose . . . . . . . . . . . Returns to secretary of state . . . . . . . . . . . . . . . Declaration of result . . . . . . . . . . . . . . . . . . . . . Supreme court judges . . . . . . . . . . . . . . . . . . . . . . . . Superior court judges. . . . . . . . . . . . . . . . . . . . . . . . . Time of, for state, county and district officers . . . . . Vacancy in office of governor, election to fill . . . . . . Voter qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . (See Vote; Voter) Elective franchise Denial on account of sex prohibited in school elections (Stricken by Amendment 5) . . . . . . . . . . Idiots, insane persons and convicted felons excluded from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presidential elections, voter’s residence . . . . . . . . . . (See Elections; Electors; Voter) Electors Exempt from military duty, when . . . . . . . . . . . . . . . Privilege from arrest at election, except . . . . . . . . . . Qualifications of voters (See Voter) Residence not lost in certain cases . . . . . . . . . . . . . . Secrecy in voting, legislature to secure . . . . . . . . . . . Eligibility Judges of supreme and superior courts, qualifications Ineligible to other than judicial offices . . . . . . . . . . . Members of legislature Ineligible to offices created by them . . . . . . . . . . . . . Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State officers, qualifications . . . . . . . . . . . . . . . . . . . Voters (See Elections; Voter) Emergency clause Act non-referrable . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 13 1 11 6 8 19 10 3 6 4 4 4 2 30 5,29 3 27 2 2 2 6 1 8 4,5 6 3 19 27 11 27 6 6 7 1A 5 6 6 7 2 14 6 1 6 3 3 3 3 3 4 4 6 3 6 4 4 4 4 4 3 5,29 8 10 1 6 2 6 3 6 1A 6 6 5 5 6 6 4 6 4 4 17 15 2 2 3 13 7 25 2 1(b) Emergency, national (See Invasion and attack) [Vol. 1 RCW—page 119] Index Constitution of the State of Washington Eminent domain Compensation required . . . . . . . . . . . . . . . . . . . . . . Corporate property and franchises subject to. . . . . . Judicial question, use for which property taken is . . Jury to ascertain compensation, waiver . . . . . . . . . . Private use, taking of property for prohibited, exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reclamation of land is public use . . . . . . . . . . . . . . Rights-of-way to be compensated for . . . . . . . . . . . Settlement of land is public use . . . . . . . . . . . . . . . . Telegraph and telephone companies granted right. . Ways of necessity, taking of private property for private use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 1 12 1 16 16 16 19 16 Emoluments, privileges and powers Hereditary, prohibited . . . . . . . . . . . . . . . . . . . . . . . 1 28 Employments dangerous to life Legislature to protect persons in . . . . . . . . . . . . . . . 2 35 Enacting clause Of statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Initiated acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 18 1(d) Enemy attack, emergency due to (See Invasion and attack) Energy, water, or stormwater or sewer services conservation Loaning of credit for structures or equipment . . . . . 8 10 Enumeration of rights Not to deny others reserved . . . . . . . . . . . . . . . . . . . 1 30 Equal rights Not to be denied because of sex. . . . . . . . . . . . . . . . 31 1,2 Equal suffrage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 Equity Appellate jurisdiction of supreme court. . . . . . . . . . Original jurisdiction of superior court . . . . . . . . . . . 4 4 4 6 27 12 1 9 2 1 30 27 Evidence Contested election (first election) for superior judge, manner of taking . . . . . . . . . . . . . . . . . . . . . . . Criminating, person not compelled to give against himself. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Except in bribery cases . . . . . . . . . . . . . . . . . . . . . . Treason, what necessary for conviction . . . . . . . . . . (See Testimony) Excessive bail and fines Not to be imposed . . . . . . . . . . . . . . . . . . . . . . . . . . 1 14 Exclusive legislation Congress has over certain lands of United States . . Subject to state’s right to serve process . . . . . . . . . . Over unallotted Indian lands . . . . . . . . . . . . . . . . . . 25 25 26 1 1 2 Exclusive privileges Of unorganized corporations, invalid, when . . . . . . Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1 2 12 Excursion and commutation tickets Carrier may grant special rates . . . . . . . . . . . . . . . . 12 2 Exemptions Homestead, from forced sale. . . . . . . . . . . . . . . . . . . Military duty, to whom . . . . . . . . . . . . . . . . . . . . . . . Taxation, what property free from. . . . . . . . . . . . . . . Indian lands exempt, when . . . . . . . . . . . . . . . . Lands and property of United States . . . . . . . . Retired persons . . . . . . . . . . . . . . . . . . . . . . . . . 19 10 7 26 26 7 1 6 1 2 2 10 Existing rights Change in government not to affect . . . . . . . . . . . . . 27 1 Expenses Constitutional convention to be provided for . . . . . . State may contract debts to meet . . . . . . . . . . . . . . . . 27 8 19 1 Ex post facto law Passage prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 23 Express companies Railroads to grant equal terms to all . . . . . . . . . . . . . 12 21 2 2 9 9 Extension of time for collection of taxes Special legislation prohibited . . . . . . . . . . . . . . . . . . 2 28(5) Extinguishment of debts Special legislation prohibited . . . . . . . . . . . . . . . . . . 2 28(10) Extra compensation Prohibited to public officers, etc. . . . . . . . . . . . . . . . 2 25 Extra session Legislature, when to be convened . . . . . . . . . . . . . . . 3 7 Factories Employees to be protected . . . . . . . . . . . . . . . . . . . . 2 35 Farms Taxation based on actual use . . . . . . . . . . . . . . . . . . . 7 11 Federal officers Not eligible to legislature . . . . . . . . . . . . . . . . . . . . . 2 14 Accountability of county and local officers for. . . . . Accused in criminal cases as required to advance . . Certain used exclusively for highway purposes . . . . Judicial officers prohibited from receiving . . . . . . . . Justices of the peace not to receive, when. . . . . . . . . 11 1 2 4 4 5 22 40 13 10 Felony Original jurisdiction of superior court. . . . . . . . . . . . Use of public money by officer . . . . . . . . . . . . . . . . . 4 11 6 14 Ferries Authorization by special legislation forbidden . . . . . 2 28(3) Fictitious issue Of stock or indebtedness void . . . . . . . . . . . . . . . . . . 16 10 16 16 16 3 Expulsion of members Powers of each house . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 12 1 1 1 Supreme, vested in governor . . . . . . . . . . . . . . . . . . . (See Governor) 12 6 Fines Accrued to territory inure to state . . . . . . . . . . . . . . . Excessive, not to be imposed . . . . . . . . . . . . . . . . . . Governor has power to remit. . . . . . . . . . . . . . . . . . . Must report remissions to legislature . . . . . . . . Remission by special act prohibited . . . . . . . . . . . . . 27 1 3 3 2 Fares and freights (See Railroad companies) 15 Execution Private property not to be taken for public debt . . . Rolling stock of railroad liable to . . . . . . . . . . . . . . Executive department Consists of certain officers. . . . . . . . . . . . . . . . . . . . Election of officers of . . . . . . . . . . . . . . . . . . . . . . . Records of to be kept by secretary of state . . . . . . . Fees 11 12 3 3 3 13 17 1 1 17 3 14 11 11 28(14) Executive power [Vol. 1 RCW—page 120] (2010 Ed.) Index to State Constitution Fiscal statement Annual publication required . . . . . . . . . . . . . . . . . . 7 7 Flumes Taking of private property for . . . . . . . . . . . . . . . . . 1 16 Forcible entry and detainer Appellate jurisdiction of supreme court. . . . . . . . . . Original jurisdiction of superior court . . . . . . . . . . . 4 4 4 6 Foreign corporations Not to be favored . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 Foreign officers Not eligible to legislature. . . . . . . . . . . . . . . . . . . . . 2 14 Forfeiture Accrued to territory inures to state. . . . . . . . . . . . . . Corporate charter or franchise, no remission . . . . . . Estate, conviction not to work . . . . . . . . . . . . . . . . . Franchise, for combination in restraint of trade. . . . Governor has power to remit . . . . . . . . . . . . . . . . . . Must report remissions to legislature . . . . . . . Judicial office, absence causes. . . . . . . . . . . . . . . . . Remission by special act prohibited . . . . . . . . . . . . 27 12 1 12 3 3 4 2 Forts, dockyards, etc. Congress to have exclusive control . . . . . . . . . . . . . 25 1 Forty mill limitation (Stricken by Amendment 14). . . . . . . . . . . . . . . . . . 7 2 12 12 12 12 12 12 1 12 12 7 8 1 3 22 3 2 8 8 10 4 Franchise Alienation or lease not to relieve liability . . . . . . . . Corporate, creation by special act forbidden . . . . . . Extension by legislature prohibited . . . . . . . . . . . . . Forfeiture for unlawful combinations . . . . . . . . . . . Forfeiture not to be remitted . . . . . . . . . . . . . . . . . . Invalid, if unorganized, when . . . . . . . . . . . . . . . . . Irrevocable grant prohibited. . . . . . . . . . . . . . . . . . . Liability not relieved by lease, etc. . . . . . . . . . . . . . Subject to eminent domain. . . . . . . . . . . . . . . . . . . . Taxation, state not to surrender (Stricken by Amendment 14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Corporations; Elections) Freedom of conscience Guaranteed in matters of religious belief. . . . . . . . . (See Religion) 3 3 15 22 11 11 8 28(14) 1 11 Freedom of speech and press Guaranteed to every person . . . . . . . . . . . . . . . . . . . Legislators not liable for words in debate . . . . . . . . 1 2 5 17 Free passes Grant of, to state officers prohibited . . . . . . . . . . . . Public officers forbidden to accept . . . . . . . . . . . . . 12 2 20 39 Freight rates Regulation by legislature authorized . . . . . . . . . . . . 12 18 Fundamental principles Frequent recurrence to, essential . . . . . . . . . . . . . . . 1 32 Funds (See Appropriations; Common school construction fund; Common school fund; Higher education permanent funds; Highway fund; Industrial insurance trust fund; Public money; School fund) Government Change of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Completion of pending actions . . . . . . . . . . . . Continuance of existing laws and rights . . . . . Emergency, continuance of government, legislative power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Perpetuity of, what essential . . . . . . . . . . . . . . . . . . (2010 Ed.) 27 27 2 5,8 1,2 42 1 32 Index Purposes of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Source of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . Governor Appointment of regents, etc., of state institutions . . . Approval of laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assignment of superior judge to other county . . . . . Attorney general, succession to governorship. . . . . . Auditor, succession to governorship . . . . . . . . . . . . . Commander-in-chief of state militia . . . . . . . . . . . . . Commissioner of public lands, succession to governorship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissions issued by state, signed by . . . . . . . . . . Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Election to fill vacancy in office . . . . . . . . . . . . . . . . Execution of laws . . . . . . . . . . . . . . . . . . . . . . . . . . . Extension of leave of absence of judicial officer . . . Extra session of legislature, power to convene . . . . . Failure of person regularly elected to qualify, succession on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impeachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information in writing may be required from state officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Laws, may call militia to execute . . . . . . . . . . . . . . . Lieutenant governor, succession of to office. . . . . . . Messages to legislature . . . . . . . . . . . . . . . . . . . . . . . Militia officers commissioned by . . . . . . . . . . . . . . . Pardoning power vested in . . . . . . . . . . . . . . . . . . . . Report to legislature of pardons, etc., granted . Restrictions prescribed by law . . . . . . . . . . . . . Records kept at seat of government . . . . . . . . . . . . . Remission of fines and forfeitures. . . . . . . . . . . . . . . Report to legislature with reasons . . . . . . . . . . Removal or disability, who to act . . . . . . . . . . . . . . . Residence at seat of government . . . . . . . . . . . . . . . . Salary (See Salaries) Secretary of state as succeeding to office . . . . . . . . . Special session of legislature, power to convene . . . Succession in case of vacancy. . . . . . . . . . . . . . . . . . Superintendent of public instruction, succession to governorship . . . . . . . . . . . . . . . . . . . . . . . . . . . Supreme executive power vested in . . . . . . . . . . . . . Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Treasurer, succession to governorship. . . . . . . . . . . . Vacancies In certain state offices, filled by . . . . . . . . . . . . . . . . In legislature, filled by, when . . . . . . . . . . . . . . . . . . In superior court, filled by . . . . . . . . . . . . . . . . . . . . . In supreme court, filled by . . . . . . . . . . . . . . . . . . . . Vacancy in office of. . . . . . . . . . . . . . . . . . . . . . . . . . Succession, enemy attack . . . . . . . . . . . . . . . . . . . . . Veto of bill or sections and return with objections . . Measures initiated by or referred to the people . . . . . Grand jury Summoned only on order of superior court. . . . . . . . Granted lands Sale of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Lands; Public lands) Habeas corpus Jurisdiction Original and appellate of supreme court . . . . . Original of superior court . . . . . . . . . . . . . . . . . Suspension of writ prohibited, except . . . . . . . . . . . . Writs Issuance and service on nonjudicial days. . . . . Judges of supreme court may issue . . . . . . . . . Returnable before whom . . . . . . . . . . . . . . . . . Harbors Area to be reserved for landings, etc. . . . . . . . . . . . . Commission to establish harbor lines . . . . . . . . . . . . Restrictions on sale by state of lands or rights . . . . . (See Area reserved; Docks; Wharves) 1 1 1 1 13 3 4 3 3 3 3 1 12 5,7 10 10 8 10 3 3 3 3 4 3 3 15 1 10 5 8 7 10 5 3 1,2 5 10 3 3 10 3 3 3 3 3 3 3 3 2 10 6 2 9 11 9 24 11 11 10 24 3 2 3 3 10 12 10 10 3 3 3 2 2 10 3 2 4 4 3 2 3 2 13 15 5 3 10 42 12 1(d) 1 26 16 1-4 4 4 1 4 6 13 4 4 4 6 4 4 15 15 15 1 1 1 [Vol. 1 RCW—page 121] Index Constitution of the State of Washington Head of family Power of legislature to exempt property of from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Health (See Public health) Heir at law Not to be determined by special law . . . . . . . . . . . . 2 28(1) High crimes or misdemeanors Impeachment of public officers for . . . . . . . . . . . . . 5 2 High schools Included in public school system . . . . . . . . . . . . . . . 9 5 2 5 5 5 5 2 2 1 1 Imposts Appellate jurisdiction of supreme court . . . . . . . . . . Original jurisdiction of superior court. . . . . . . . . . . . 4 4 4 6 Imprisonment for debt Prohibited, except in case of absconding debtors . . . 1 17 Incompetency in office Officers removable by legislature for, conditions . . . 7 Officers liable to . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judgment effects removal and disqualification for office . . . . . . . . . . . . . . . . . . . . . . . . . Liability to criminal prosecution . . . . . . . . . . . . . . . . Trial by senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief justice presides, when . . . . . . . . . . . . . . . (See Recall of officers) 4 9 12 12 12 6 4 11 12 2 8 28(10) 2 Higher education permanent funds Investment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6 Highway fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 40 2 28(2) Highways Opening or altering by special legislation prohibited, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Streets and roads) Holiday (See Legal holiday) 1 1 7 31 Home-rule charter Counties authorized to frame . . . . . . . . . . . . . . . . . . For combined city-county . . . . . . . . . . . . . . . . . . . . 11 11 4 16 House of representatives Elections, biennial after 1890 . . . . . . . . . . . . . . . . . Legislative authority vested in . . . . . . . . . . . . . . . . . Members, how and when chosen . . . . . . . . . . . . . . . Number of representatives . . . . . . . . . . . . . . . . . . . . Powers Impeachment, sole power vested in . . . . . . . . Legislative, vested in . . . . . . . . . . . . . . . . . . . Quorum of house . . . . . . . . . . . . . . . . . . . . . . . . . . . Redistricting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacancy, how filled . . . . . . . . . . . . . . . . . . . . . . . . . (See Legislature; Representatives) Immigration Bureau of, established . . . . . . . . . . . . . . . . . . . . . . . Indian lands Disclaimed by state of title . . . . . . . . . . . . . . . . . . . . Subject to jurisdiction of United States . . . . . . . . . . . Taxation of, when state may impose . . . . . . . . . . . . . Exemption from. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 2 2 2 2 5 2 2 2 2 1 5 1 4,5 2 1 1 8 43 15 2 34 6 1 1 1 5 12 17 8 1 16 Immunities Electors privileged from arrest at elections . . . . . . . Equal to all citizens and corporations . . . . . . . . . . . Imprisonment for debt prohibited, except . . . . . . . . Irrevocable grant of, prohibited . . . . . . . . . . . . . . . . Loss or damage to property prohibited without just compensation . . . . . . . . . . . . . . . . . . . . . . . . . Members of legislature Privileged from arrest, exceptions . . . . . . . . . Privileged from service of civil process, when Salaries for legislators, elected state officials, and judges, referendum petition. . . . . . . Militia privileged from arrest at muster, except. . . . Soldiers not to be quartered in homes, except . . . . . Special grant of, prohibited . . . . . . . . . . . . . . . . . . . Twice in jeopardy, accused not to be put . . . . . . . . . 2 2 16 16 28 10 1 1 1 1 5 31 12 9 Impeachment House of representatives has sole power . . . . . . . . . 5 26 26 26 26 2 2 2 2 26 2 2 3 Indictment Prosecutions of offenses by . . . . . . . . . . . . . . . . . . . . Right of accused to copy of . . . . . . . . . . . . . . . . . . . . 1 1 25 22 Individual rights Government to protect and maintain . . . . . . . . . . . . . Secured by recurrence to fundamental principles . . . 1 1 1 32 Individual security Private affairs not to be disturbed . . . . . . . . . . . . . . . 1 7 Industrial development Nonrecourse revenue bonds . . . . . . . . . . . . . . . . . . . Port districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 8 1 8 Industrial insurance trust fund Investments of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Home Privacy of, guaranteed . . . . . . . . . . . . . . . . . . . . . . . Soldiers not to be quartered in, except. . . . . . . . . . . Homestead Exemption from forced sale. . . . . . . . . . . . . . . . . . . Indebtedness of corporations Fictitious increase void . . . . . . . . . . . . . . . . . . . . . . . Liability of stockholders . . . . . . . . . . . . . . . . . . . . . . In bank, insurance and joint stock companies Relief from . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By lease or alienation of franchise prohibited . By special legislation prohibited . . . . . . . . . . . (See Corporations) 29 1 Infamous crimes Persons convicted of, excluded from elective franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Inferior courts Appeal lies to superior court . . . . . . . . . . . . . . . . . . . Jurisdiction and powers, legislature to prescribe. . . . Legislature to provide . . . . . . . . . . . . . . . . . . . . . . . . 4 4 4 6 12 1 Information Offenses may be prosecuted by. . . . . . . . . . . . . . . . . 1 25 Initiative and referendum Amendment of acts approved by the people (Superseded by Amendment 26) . . . . . . . . . . . (Amendment 26). . . . . . . . . . . . . . . . . . . . . . . . Amendment of measure submitted to legislature . . . 2 2 2 1(c) 41 1(a) Indians Exempt from property taxation, when. . . . . . . . . . . . Excluded from enumeration of inhabitants (Repealed by Amendment 74) . . . . . . . . . . . . . . . . . . . . . . 1 [Vol. 1 RCW—page 122] Infants (See Children; Minors) (2010 Ed.) Index to State Constitution Ballot where conflicting measures are submitted to the people . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certification of petitions . . . . . . . . . . . . . . . . . . . . . Change or amendment of initiative measure, prohibition against (Superseded by Amendment 26) (Amendment 26) . . . . . . . . . . . . . . . . . . . . . . . Conflicting measures . . . . . . . . . . . . . . . . . . . . . . . . Effective date of acts or bills subject to referendum (Superseded by Amendment 26). . . . . . . . . . . (Amendment 26) . . . . . . . . . . . . . . . . . . . . . . . . . . . Effective date of measure after approval on submission to the people . . . . . . . . . . . . . . . . . . . . . . Election at which proposed measure is submitted to voter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Election for amendment or repeal of bills approved by electors (Superseded by Amendment 26) (Amendment 26) . . . . . . . . . . . . . . . . . . . . . . . Exceptions from power of referendum . . . . . . . . . . Extent of power of referendum . . . . . . . . . . . . . . . . Filing petition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legislature, referendum through action of. . . . . . . . Lotteries, sixty percent vote required. . . . . . . . . . . . Majority vote as required for approval of measure submitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member of legislature as retaining right to introduce measure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Number of votes required to approve measure . . . . Part of bill, effect of filing referendum petition against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Percentage of voters required on referendum petition Percentage of voters required to propose measures by petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petition, referendum on . . . . . . . . . . . . . . . . . . . . . . Petition to propose measures . . . . . . . . . . . . . . . . . . Precedence of initiative measures over other bills. . Proposal of different measure by legislature . . . . . . Publication of measures referred to the people . . . . Regular election, reference of measures at . . . . . . . Rejection of initiative measure by legislature . . . . . Repeal of bill approved (Superseded by Amendment 26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Amendment 26) . . . . . . . . . . . . . . . . . . . . . . . . . . . Reservation by the people of the power of initiative Reservation of power in the people . . . . . . . . . . . . . Reservation of power of referendum . . . . . . . . . . . . Salaries for legislators, elected state officials, and judges, referendum petition . . . . . . . . . . . . . . Secretary of state, certification of results of initiative to legislature . . . . . . . . . . . . . . . . . . . . . . . . . . Secretary of state, filing referendum petition with . Secretary of state, initiative petition filed with . . . . Self-executing, amendment as . . . . . . . . . . . . . . . . . Signatures required . . . . . . . . . . . . . . . . . . . . . . . . . Special election, reference of measures to people at Special indebtedness, how authorized . . . . . . . . . . . Style of bill proposed by initiative petition . . . . . . . Time for filing referendum petition against measure passed by legislature . . . . . . . . . . . . . . . . . . . . Veto power of governor not extended to initiatives or referendums. . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 1(a) 1(a) 2 2 2 1(c) 41 1(a) 2 2 1(c) 41 2 1(d) 2 1(c) 41 1(b) 1(b) 1(a) 1(b) 24 2 1(d) 2 2 1(d) 1(d) 2 2 1(d) 1(b) 2 2 2 2 2 2 2 2 2 2 1(a) 1(b) 1(d) 1(a) 1(d) 1(a) 1(a) 1(e) 1(d) 1(a) 2 2 2 2 2 1(c) 41 1(a) 1 1(b) 28 1 2 2 2 2 2 2 8 2 1(a) 1(d) 1(a) 1(d) 1(a) 1(d) 3 1(d) 2 1(d) 2 1(d) Injunction Issuance and service on nonjudicial days . . . . . . . . Equity jurisdiction of superior and district court . . . Original jurisdiction of superior court . . . . . . . . . . . 4 4 4 6 6 6 Insane person Excluded from elective franchise. . . . . . . . . . . . . . . 6 3 Insolvency Appellate jurisdiction of supreme court. . . . . . . . . . Original jurisdiction of superior court . . . . . . . . . . . Receipt of bank deposits, liability of officers . . . . . 4 4 12 4 6 12 (2010 Ed.) Instruments Validation by special act prohibited . . . . . . . . . . . . . 2 Insurance companies Liability of stockholders . . . . . . . . . . . . . . . . . . . . . . 12 Interest Application of school fund interest . . . . . . . . . . . . . . On certain state debts to be provided for. . . . . . . . . . Private interest in bills to be disclosed by legislators Regulation by special law prohibited . . . . . . . . . . . . 9 8 2 2 3 1 30 28(13) Invalid instruments Validation by special act prohibited . . . . . . . . . . . . . 2 28(9) Invasion and attack Government continuity, legislative authority . . . . . . State may contract debts above limit to repel . . . . . . Suspension of habeas corpus allowed . . . . . . . . . . . . 2 8 1 42 2 13 16 29 29 9 16 6 1 1 3 5 Irrigation Use of waters for, deemed public use . . . . . . . . . . . . 21 1 Jeopardy No person to be twice put in for same offense . . . . . 1 9 Joint senatorial or representative district Filling of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 15 Joint stock companies Combinations in restraint of trade forbidden . . . . . . Liability of stockholders . . . . . . . . . . . . . . . . . . . . . . Term "corporation" includes . . . . . . . . . . . . . . . . . . . 12 12 12 22 11 5 2 11 2 21 2 13 2 36 1 22 2 23 2 31 1 11 2 4 27 9 1(a) 2 2 2 2 2 2 2 Index 28(9) 11 Intoxicating liquors (See Prohibition) Investment Higher education permanent funds . . . . . . . . . . . . . . Industrial insurance trust fund . . . . . . . . . . . . . . . . . . Public pension and retirement funds . . . . . . . . . . . . . School funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Journal Each house to keep . . . . . . . . . . . . . . . . . . . . . . . . . . Entry of ayes and noes. . . . . . . . . . . . . . . . . . . . . . . . On demand of one-sixth . . . . . . . . . . . . . . . . . . On introduction of bills later than ten days before close of session. . . . . . . . . . . . . . . On nominations of officers for state institutions On passage of bill . . . . . . . . . . . . . . . . . . . . . . . On passage of emergency clause (Stricken by Amendment 7) . . . . . . . . . . . . . . . . . . . . . On proposed constitutional amendments . . . . . Publication of, except portions requiring secrecy . . . Votes On elections by legislature entered . . . . . . . . . On removal of judges, etc., entered . . . . . . . . . Judge pro tempore In superior court, provision for . . . . . . . . . . . . . . . . . Temporary judicial duties in supreme court . . . . . . . Judges Absence from state vacates office . . . . . . . . . . . . . . . Except where governor extends leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . Not to charge juries as to matters of fact . . . . . . . . . . But to declare the law . . . . . . . . . . . . . . . . . . . . . . . . Practice of law prohibited . . . . . . . . . . . . . . . . . . . . . Removal by supreme court . . . . . . . . . . . . . . . . . . . . Removal from office by legislature . . . . . . . . . . . . . . Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Retirement by supreme court . . . . . . . . . . . . . . . . . . Salaries may be increased . . . . . . . . . . . . . . . . . . . . . Salaries payable quarterly . . . . . . . . . . . . . . . . . . . . . 4 4 2(a),7 2(a) 4 8 4 8 4 16 4 16 4 19 4 31 4 9 4 3(a) 4 31 30 1 4 14 [Vol. 1 RCW—page 123] Index Constitution of the State of Washington (See Judges of court of appeals; Judges pro tempore; Judges of superior court; Judges of supreme court) Judges of court of appeals . . . . . . . . . . . . . . . . . . . . . . . Judges of superior court Court commissioners, appointment of . . . . . . . . . . . Decisions within ninety days after submission . . . . Disqualified unless admitted to practice in state . . . Each judge invested with powers of all . . . . . . . . . . May sit in any county . . . . . . . . . . . . . . . . . . . Elections of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . First election . . . . . . . . . . . . . . . . . . . . . . . . . . Ineligible to other than judicial office . . . . . . . . . . . Not to charge juries as to matters of fact . . . . . . . . . But to declare the law . . . . . . . . . . . . . . . . . . . Oath of office prescribed for . . . . . . . . . . . . . . . . . . Other superior court, duties in . . . . . . . . . . . . . . . . . Practice of law prohibited . . . . . . . . . . . . . . . . . . . . Pro tempore judge . . . . . . . . . . . . . . . . . . . . . . . . . . Recall, judges not subject to . . . . . . . . . . . . . . . . . . Removal by supreme court . . . . . . . . . . . . . . . . . . . Report defects in law to supreme court . . . . . . . . . . Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rules of court, shall establish . . . . . . . . . . . . . . . . . Salaries (See Salaries) Apportionment of . . . . . . . . . . . . . . . . . . . . . . Increase in salary. . . . . . . . . . . . . . . . . . . . . . . Sessions of court may be held in any county on request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supreme court duty, performance upon request . . . Term of office and when begins. . . . . . . . . . . . . . . . Temporary judicial duties. . . . . . . . . . . . . . . . . . . . . Writs may be issued by . . . . . . . . . . . . . . . . . . . . . . (See Judges; Superior court) Judges of supreme court Chief justice, how determined . . . . . . . . . . . . . . . . . Clerk to be appointed by . . . . . . . . . . . . . . . . . . . . . Disqualified, unless admitted to practice in state. . . Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ineligible to other than judicial office . . . . . . . . . . . Issuance of writs authorized. . . . . . . . . . . . . . . . . . . Oath of office prescribed . . . . . . . . . . . . . . . . . . . . . Practice of law prohibited . . . . . . . . . . . . . . . . . . . . Recall, judges not subject to . . . . . . . . . . . . . . . . . . Removal by supreme court . . . . . . . . . . . . . . . . . . . Reporter, appointment of . . . . . . . . . . . . . . . . . . . . . Reports of defects in laws to governor . . . . . . . . . . Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Salaries (See Salaries) Increase in salary. . . . . . . . . . . . . . . . . . . . . . . Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Temporary judicial duties, power to authorize. . . . . Term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacancies, how filled . . . . . . . . . . . . . . . . . . . . . . . . (See Judges; Supreme court) Judgment Belonging to territory inures to state . . . . . . . . . . . . Extent of, on impeachment . . . . . . . . . . . . . . . . . . . Of one judge of superior court to be of same force as of all . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of superior court to be given within ninety days after submission, except . . . . . . . . . . . . . . . . . . . . . 4 30 4 23 4 20 4 17 4 5 4 5 4 5,29 27 12 4 15 4 16 4 16 4 28 4 2(a) 4 19 4 2(a),7 1 33,34 4 31 4 25 4 3(a) 4 24 4 30 13 1 4 4 4 4 4 7 2(a) 5 2(a) 6 4 4 4 4 4 4 4 4 1 4 4 4 4 3 22 17 3 15 4 28 19 33,34 31 18 25 3(a) 30 4 4 4 4 1 13 2(a) 3 3 27 5 4 2 4 5 4 20 Judicial administration Must be open and without delay . . . . . . . . . . . . . . . Temporary performance of judicial duties . . . . . . . . 1 4 10 2(a) Judicial conduct, commission on . . . . . . . . . . . . . . . . . . 4 31 Judicial decisions Of Supreme court [Vol. 1 RCW—page 124] All decisions to be in writing and grounds stated . . . . . . . . . . . . . . . . . . . . . . . . . . . . Concurrence by majority of court necessary . . Publication required . . . . . . . . . . . . . . . . . . . . . Free to anyone . . . . . . . . . . . . . . . . . . . . . . . . . Reporter for, to be appointed . . . . . . . . . . . . . . Judicial officers Absence forfeits office, when . . . . . . . . . . . . . . . . . . Compensation by fees prohibited, except . . . . . . . . . Impeachment, liable to, exceptions . . . . . . . . . . . . . . Oath of office prescribed . . . . . . . . . . . . . . . . . . . . . . Recall, not subject to . . . . . . . . . . . . . . . . . . . . . . . . . Removal by legislature . . . . . . . . . . . . . . . . . . . . . . . Removal by supreme court . . . . . . . . . . . . . . . . . . . . (See Court commissioners; Judges; Judges of supreme and superior courts; Justice of peace) Judicial power Vested in what courts. . . . . . . . . . . . . . . . . . . . . . . . . 4 4 4 4 4 2 2 21 21 18 4 4 5 4 1 4 4 8 13 2 28 33,34 9 31 4 1 1 16 4 4 4 4 4 1 4 4 25 30 6 12 10 10 22 6 4 1 1 1 21 11 4 1 1 1 1 1 1 16 22 16 21 21 21 21 1 10 4 4 4 4 4 4 4 4 4 30 6 11 10 10 10 10 10 10 10 1 4 11 4 13 6 1 Judicial qualifications commission (See Commission on judicial conduct) Judicial question Public use in eminent domain . . . . . . . . . . . . . . . . . . Jurisdiction Court of appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inferior courts, legislature to prescribe . . . . . . . . . . . Justice of peace, as legislature may fix . . . . . . . . . . . Not to trench on courts of record . . . . . . . . . . . Of offenses committed on public conveyances . . . . . Superior court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . United States over reserved lands . . . . . . . . . . . . . . . (See Criminal action) Juror Number necessary for verdict . . . . . . . . . . . . . . . . . . Religious beliefs not grounds of incompetency . . . . Jury Charging, duty of judge. . . . . . . . . . . . . . . . . . . . . . . Criminal action, right of accused in . . . . . . . . . . . . . Eminent domain proceedings . . . . . . . . . . . . . . . . . . Number in courts not of record . . . . . . . . . . . . . . . . . Right of trial by remains inviolate. . . . . . . . . . . . . . . Waiver in civil cases may be had . . . . . . . . . . . Verdict by less than twelve may be authorized . . . . . (See Grand jury; Juror) Justice Administration must be open and without delay. . . . Justice of peace Appeal lies to superior court . . . . . . . . . . . . . . . . . . . Cannot be made court of record . . . . . . . . . . . . . . . . Duties to be prescribed by legislature . . . . . . . . . . . . Fees prohibited, when . . . . . . . . . . . . . . . . . . . . . . . . Jurisdiction, legislature to determine. . . . . . . . . . . . . Not to trench on courts of record . . . . . . . . . . . Number, legislature to determine . . . . . . . . . . . . . . . Police justice in cities may be chosen from . . . . . . . Salary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Increase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unsalaried, excepted from prohibition against compensation by fees . . . . . . . . . . . . . . . . . . . . . . . Vacancy in office, how filled. . . . . . . . . . . . . . . . . . . Vested with judicial power . . . . . . . . . . . . . . . . . . . . (See Judicial officers) Land commissioner (See Commissioner of public lands) (2010 Ed.) Index to State Constitution Lands Alien ownership prohibited, exceptions (Repealed by Amendment 42) . . . . . . . . . . . . . . . . . . . . . Granted lands, restrictions on sale . . . . . . . . . . . . . . For educational purposes, sale of . . . . . . . . . . Plat of state lands in cities required before sale . . . . Limit on amount offered in one parcel . . . . . . Quantity of state land that may be sold in one parcel Reclamation, public use in taking for . . . . . . . . . . . Restrictions on selling school lands. . . . . . . . . . . . . Settlement, public use in taking property for. . . . . . Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of Indians lands . . . . . . . . . . . . . . . . . . . . . . . Of lands of nonresidents . . . . . . . . . . . . . . . . . Of United States, none to be imposed. . . . . . . Timber and stone on state lands may be sold, how . 2 16 16 16 16 16 1 16 1 7 26 26 26 16 33 1 2,3 4 4 4 16 2,3 16 Law of the land Constitution of United States is supreme . . . . . . . . . 1 2 1 23 12 4 1 25 Laws Bills of attainder prohibited . . . . . . . . . . . . . . . . . . . Corporations, statutory regulations may be amended or repealed. . . . . . . . . . . . . . . . . . . . . . . . . . . . Defects and omissions to be reported annually . . . . Effective date (Stricken by Amendment 7) . . . . . . . . . . . . . . (Superseded by Amendment 26). . . . . . . . . . . (Amendment 26) . . . . . . . . . . . . . . . . . . . . . . . Enacting clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . Initiative measure . . . . . . . . . . . . . . . . . . . . . . Ex post facto, prohibited . . . . . . . . . . . . . . . . . . . . . Governor’s approval, presentation for . . . . . . . . . . . Passage over veto . . . . . . . . . . . . . . . . . . . . . . Without approval, how becomes effective . . . Impairing obligation of contracts prohibited . . . . . . Initiative measures (See Initiative and referendum) Legislative enactments to be by bill. . . . . . . . . . . . . Requisites on final passage of bill . . . . . . . . . Special legislation prohibited in certain cases . . . . . State debt authorized for some single work, conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Territorial, to remain in force until altered, except . (See Acts; Bill; Statutes) Lease Of corporate franchise not to relieve from liability . Of harbor areas for building wharves, limitations . . State building authority, by . . . . . . . . . . . . . . . . . . . Legal holiday Superior courts not open . . . . . . . . . . . . . . . . . . . . . Writs that may be issued and served on . . . . . . . . . . Legislature COMPOSITION AND ORGANIZATION Absentees, less than a quorum may compel their attendance . . . . . . . . . . . . . . . . . . . Adjournment, restrictions on . . . . . . . . . . . . . Apportionment of members . . . . . . . . . . . . . . Reapportionment after each census . . . . Authority generally . . . . . . . . . . . . . . . . . . . . . Bribery of members, how punished . . . . . . . . Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation and mileage of members (Partially repealed by Amendments 20 and 54) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consists of senate and house of representatives Constitution, departure from during emergency due to enemy attack . . . . . . . . . . . . . . . . Contempts punishable by each house . . . . . . . Convening in extra session at call of governor Convening in extra session by legislature. . . . Corrupt solicitation of members . . . . . . . . . . . Disorderly behavior punishable by each house Election of members, each house judge of . . . (2010 Ed.) 2 2 2 3 2 2 2 2 2 1 3 3 3 1 31 1(c) 41 18 1(d) 23 12 12 12 23 2 2 2 18 22 28 8 27 3 2 12 15 8 4 4 2 2 22 2 2 2 2 8 2 9 6 6 8 11 1,2 43 1 30 12 2 2 23 1 2 2 3 2 2 2 2 42 9 7 12 30 9 8 Index Eligible to membership, who are . . . . . . . . . . . Expulsion of member requires two-thirds vote Journal, each house to keep and publish . . . . . Members From what civil offices excluded . . . . . . . Not liable for words spoken in debate . . . Private interest in bill to be disclosed. . . . Privilege . . . . . . . . . . . . . . . . . . . . . . . . . . From arrest, except . . . . . . . . . . . . . . . From civil process, when . . . . . . . . . . . Number of members . . . . . . . . . . . . . . . . . . . . . Office accepted under United States vacates seat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Officers Each house to elect its own . . . . . . . . . . . Federal and foreign, ineligible to membership . . . . . . . . . . . . . . . . . . . . . . Quorum, majority to constitute . . . . . . . . . . . . Reapportionment after each census . . . . . . . . . Records, secretary of state to keep . . . . . . . . . . Redistricting . . . . . . . . . . . . . . . . . . . . . . . . . . . Rules of proceedings, each house to determine Sessions Must be open, exceptions . . . . . . . . . . . . . Regular . . . . . . . . . . . . . . . . . . . . . . . . . . . Special . . . . . . . . . . . . . . . . . . . . . . . . . . . Time of meeting . . . . . . . . . . . . . . . . . . . . Vacancies, how filled . . . . . . . . . . . . . . . . . . . . Vote on elections to be viva voce. . . . . . . . . . . None when member has private interest in bill. . . . . . . . . . . . . . . . . . . . . . . . DUTIES Accountability of county and local officers to be provided for . . . . . . . . . . . . . . . . . . . . Accounting for state receipts and expenditures to be prescribed . . . . . . . . . . . . . . . . . . . . Appropriation for expenses of constitutional convention to be made. . . . . . . . . . . . . . . Bureau of statistics to be established . . . . . . . . Cities, incorporation by general laws to be provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . Classification of counties, for purpose of prescribing compensation . . . . . . . . . . . . . . . Combinations affecting prices, etc., punishment to be provided . . . . . . . . . . . . . . . . . Commissioner of public lands, duties and compensation to be provided . . . . . . . . . . . . . Compensation Of county and local officers to be regulated . . . . . . . . . . . . . . . . . . . . . . . . Of officers, change during term (See Salaries) Congressional districts, state to be divided into (Repealed by Amendment 74). . . . . . . . . Contested elections of state officers to be decided by . . . . . . . . . . . . . . . . . . . . . . . . Convict labor to be provided for . . . . . . . . . . . County government, system of, to be established . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court of appeals, as to . . . . . . . . . . . . . . . . . . . Divorces not to be granted by. . . . . . . . . . . . . . Drugs and medicines, sale to be regulated . . . . Elections Certificates of, to be given certain state officers . . . . . . . . . . . . . . . . . . . . . . Election of necessary county officers, duty to provide for . . . . . . . . . . . . . President, voting for, implementation . . . Qualifications of voters to be regulated (Amended by Amendment 63) . . . . Employees in dangerous employments to be protected by law . . . . . . . . . . . . . . . . . . . Governmental continuity during emergency periods, to provide for . . . . . . . . . . . . . . . Harbor lines, commission to establish, to be appointed . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 2 7 9 11 2 2 2 13 17 30 2 2 2 16 16 2 2 14 2 10 2 2 2 3 2 2 14 8 43 17 43 9 2 2 2 2 2 2 11 12 12 12 15 27 2 30 11 5 7 7 27 2 19 34 11 10 11 5 12 22 3 23 11 5 27 13 3 2 4 29 11 4 2 20 4 30 24 2 3 4 11 6 5 1A 6 1 2 35 2 42 15 1 [Vol. 1 RCW—page 125] Index Constitution of the State of Washington Health, board of, to be established . . . . . . . . . Homesteads to be protected from forced sale . Initiative measures (See Initiative and referendum) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judicial qualifications commissioners, terms and compensation to be provided . . . . . Justice of peace, number, powers and duties to be prescribed . . . . . . . . . . . . . . . . . . . . . Lease of harbor areas for wharves to be provided. . . . . . . . . . . . . . . . . . . . . . . . . . . . Medicine and surgery, practice of, to be regulated . . . . . . . . . . . . . . . . . . . . . . . . . . . . Militia, organization and discipline to be provided for . . . . . . . . . . . . . . . . . . . . . . . . . Officers of counties, townships, precincts, and districts. . . . . . . . . . . . . . . . . . . . . . . . . . Duties, elections, and terms of office to be prescribed . . . . . . . . . . . . . . . . . Classification of counties by population in enumerating duties of county officers . . . . . . . . . . . . . . . . . . . . . Officers not provided for in Constitution, legislature to provide for election and terms . Passes Grant of to public officers to be prevented Use by public officers to be prohibited . Port district promotional activities . . . . . . . . . Private interest in bill, members to declare. . . Public arms, safekeeping and protection required . . . . . . . . . . . . . . . . . . . . . . . . . Public school system to be established . . . . . . Publication of opinions of supreme court to be provided for . . . . . . . . . . . . . . . . . . . . . . Recall of public officers (See Recall of officers) Redistricting plan and commission . . . . . . . . . Referendum (See Initiative and referendum) Registration law to be enacted . . . . . . . . . . . . Salaries of county officers and certain constables to be fixed . . . . . . . . . . . . . . . . . . . . Sale of school and university lands, confirmation to be made. . . . . . . . . . . . . . . . . . . . School funds, investment . . . . . . . . . . . . . . . . Seat of government, choice of location to be provided for . . . . . . . . . . . . . . . . . . . . . . Soldiers’ home, maintenance to be provided . Suits against state, manner of bringing, to be directed. . . . . . . . . . . . . . . . . . . . . . . . . . Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corporate property to be under general law (Stricken by Amendment 14) Deficiencies and expenses to be met by Exemption of limited amount of personalty. . . . . . . . . . . . . . . . . . . . . . . . . Retired persons exemption, implementation . . . . . . . . . . . . . . . . . . . . . . . . Uniform on same class of property . . . . Telegraph and telephone regulations to be provided. . . . . . . . . . . . . . . . . . . . . . . . . . . . Vital statistics, bureau of, to be established . . Voting, method to be provided by . . . . . . . . . ENACTMENT OF LAWS Act, how revised or amended . . . . . . . . . . . . . Amendment of bill . . . . . . . . . . . . . . . . . . . . . Bill to contain but one subject . . . . . . . . . . . . Emergency, national-Government continuity authorizing special legislation . . . . . . . . Enacting clause . . . . . . . . . . . . . . . . . . . . . . . . Initiative and referendum measures (See Initiative and referendum) Laws to be enacted by bill . . . . . . . . . . . . . . . Take effect, when (Stricken by Amendment 7) . . . . . . . . . . . . . . . . . . . . . Presiding officer of each house to sign bills . . Rules for signing bills may be prescribed. . . . [Vol. 1 RCW—page 126] 20 19 1 1 4 31 4 10 15 2 20 2 10 2 11 5 11 5 27 11 12 2 8 2 20 39 8 30 10 9 4 2 4 21 2 43 6 7 11 5 16 9 16 2 3 5 14 10 1 3 2 26 7 7 3 8 7 1 7 7 10 1 12 20 6 19 1 6 2 2 2 37 38 19 2 2 42 18 2 18 2 2 2 31 32 32 Style of laws . . . . . . . . . . . . . . . . . . . . . . . . . . . Title of bill to disclose object . . . . . . . . . . . . . . Veto of bill, and passage over . . . . . . . . . . . . . When bills must be introduced, exceptions . . . Yeas and nays, entry on journal required, when POWERS Abolition of certain state offices permitted . . . Appropriation of public funds (See Appropriations) Banking corporations, power to limit liability of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chaplain for penal and reformatory institutions may be employed. . . . . . . . . . . . . . . . . . . Charters of corporations cannot be extended . . Clerk of supreme court, election may be provided for . . . . . . . . . . . . . . . . . . . . . . . . . Constitution Amendment may be proposed in either house. . . . . . . . . . . . . . . . . . . . . . . . Departure from during emergency due to enemy attack. . . . . . . . . . . . . . . . . . Revision, convention for may be agreed on . . . . . . . . . . . . . . . . . . . . . . . . . . Corporate property and franchises may be taken for public use . . . . . . . . . . . . . . . . . Corporations, regulation of. . . . . . . . . . . . . . . . Courts of record, power to establish. . . . . . . . . Divorces not to be granted by. . . . . . . . . . . . . . Duties of county officer, power to prescribe . . Elective franchise may be granted to women in school elections (Stricken by Amendment 5). . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency, authorizing special powers during periods of . . . . . . . . . . . . . . . . . . . . . . . . . Exemptions from taxation, power to provide (See Taxation) . . . . . . . . . . . . . . . . . . . . . Extra compensation to officers for past services prohibited. . . . . . . . . . . . . . . . . . . . . . . . . Fees of county officers, power to provide accountability for. . . . . . . . . . . . . . . . . . . Forfeitures of corporate franchises may be declared for unlawful combinations . . . . Remission of, prohibited . . . . . . . . . . . . . Harbor areas, building on, may be provided for by general law . . . . . . . . . . . . . . . . . . . . . Inferior courts May be provided . . . . . . . . . . . . . . . . . . . Powers of, shall be prescribed . . . . . . . . . Irrevocable privilege or franchise, power to grant denied . . . . . . . . . . . . . . . . . . . . . . . Jury, number for panel and for verdict may be fixed at less than twelve . . . . . . . . . . . . . Lotteries, may authorize by 60% vote . . . . . . . Municipal corporations may be vested with power to make local improvements. . . . . Nonrecourse revenue bonds, authorization . . . Number of judges of supreme court may be increased . . . . . . . . . . . . . . . . . . . . . . . . . Private or special laws prohibited . . . . . . . . . . Public corporations not to be created by special act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public funds, power to provide for accounting as to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Railroad commission may be established . . . . Rates for freights and passengers Discrimination may be prevented . . . . . . Maximum, may be established . . . . . . . . Removal of judges, attorney general, and prosecuting attorneys . . . . . . . . . . . . . . . . . . . Reservation of power in people (See Initiative and referendum) . . . . . . . . . . . . . . . . . . . Retirement age of judges, power to fix, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Salaries of judges (See Salaries) . . . . . . . . . . . Salaries of state officers (See Salaries) School fund (common) may be enlarged . . . . . 2 2 3 2 2 18 19 12 36 21,22 3 25 12 11 1 12 11 3 4 22 23 1 2 42 23 2 12 12 4 2 11 10 1 11 24 5 6 2 2 42 2 25 11 5 12 12 22 3 15 2 4 4 1 12 1 8 1 2 21 24 7 32 9 1 4 2 2 28 11 10 11 12 5 18 12 12 18 18 4 9 4 3(a) 9 3 (2010 Ed.) Index to State Constitution Seat of government cannot be changed by . . . Senate and house of representatives, legislative authority vested in . . . . . . . . . . . . . . . . . Separate departments of supreme court may be provided . . . . . . . . . . . . . . . . . . . . . . . . . Sex equality, power to enforce . . . . . . . . . . . . Sheriff, providing for election of . . . . . . . . . . Special sessions. . . . . . . . . . . . . . . . . . . . . . . . State building authority may be provided . . . . Supreme court judges, number may be increased . . . . . . . . . . . . . . . . . . . . . . . . Taxation Corporate authorities may be vested with power by general laws . . . . . . . . . Exemption of limited personal property Levy to meet fiscal deficiencies. . . . . . . Local cannot be imposed by . . . . . . . . . Special assessment for local improvements, power may be vested in corporate authorities. . . . . . . . . . . . . . Terms of county officers, powers to prescribe Vetoed bills, convening extraordinary session to reconsider. . . . . . . . . . . . . . . . . . . . . . Voters, authority to define manner of ascertaining qualifications (Amended by Amendment 63) . . . . . . . . . . . . . . . . . . . . . . . . . (See House of representatives; Initiative and referendum; Senate) . . . . . . . . . . . . . . . . 14 1 Authority of cities to levy special taxes for. . . . . . . . 7 9 2 1 Local officers Eligible to legislature. . . . . . . . . . . . . . . . . . . . . . . . . 2 14 4 31 11 2 8 2 1,2 5 12 9 Lotteries Prohibited, except . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 24 4 2 12 1 8 12 7 11 9 5 3 12 6 1 12 2 26 Liberty Deprivation of without due process of law forbidden 1 3 Licentious acts Guarantee of freedom of conscience in matters of religious worship does not justify . . . . . . . . . . 1 11 3 2 3 5 3 3 2 10 10 1 1,2 25 16 10 3 3 10 3 1 3 8 28(10) 3 Life Deprivation of without due process of law prohibited Limitation of actions Special legislation prohibited. . . . . . . . . . . . . . . . . . 2 Limitation on levies 7 2 12 22 Limiting production Combination for, prohibited. . . . . . . . . . . . . . . . . . . 28(17) Literacy Qualification of voters (Amended by Amendment 63) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 Loans Prohibition against loan of school fund to private persons or corporations (Amended by Amendment 44) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State may borrow to meet debts. . . . . . . . . . . . . . . . 16 8 5 1 Local improvements (2010 Ed.) Majority Necessary in impeachment . . . . . . . . . . . . . . . . . . . Passage of bills requires . . . . . . . . . . . . . . . . . . . . . Petition for division of county requires. . . . . . . . . . Quorum of each house constituted by . . . . . . . . . . . Special act to declare a person of age prohibited . . 5 2 11 2 2 1 22 3 8 28(11) Malfeasance Officers liable to impeachment for . . . . . . . . . . . . . Recall for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal by law, if not subject to impeachment . . . 5 1 5 2 33,34 3 Mandamus Original and appellate jurisdiction of supreme court Original jurisdiction of superior court. . . . . . . . . . . 4 4 4 6 Mandatory Constitutional provisions are. . . . . . . . . . . . . . . . . . 11 7 7 11 Liabilities Corporate, not relieved by alienation or lease of franchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extinguishment by special legislation prohibited . . Territorial assumed by state . . . . . . . . . . . . . . . . . . . Lieutenant governor Acts as governor, when . . . . . . . . . . . . . . . . . . . . . . Deciding vote, in case of tie in senate . . . . . . . . . . . Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impeachment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office may be abolished by legislature . . . . . . . . . . Presiding officer of senate . . . . . . . . . . . . . . . . . . . . In absence, who presides. . . . . . . . . . . . . . . . . Salary of (See Salaries) Succession to office of governor . . . . . . . . . . . . . . . Term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Index 1 29 Manufacturing purposes Use of waters for, deemed public use . . . . . . . . . . . 21 1 Medicine Practice and sale, legislature to regulate . . . . . . . . . 20 2 Equal rights and responsibility . . . . . . . . . . . . . . . . 31 1,2 Mental Incompetency Exclusion from voting . . . . . . . . . . . . . . . . . . . . . . . 6 3 Messages Governor to communicate with legislature by . . . . 3 6 Mileage Members of legislature entitled to (Partially repealed by Amendment 20) . . . . . . . . . . . . . 2 23 6 1 1 5 19 18 10 10 1 1 10 3 10 6 8 2 10 3 10 2 10 10 2 14 2 5 2 7 35 1 Men Military Duty not to be required on election day, except . . . Not to interfere with elections . . . . . . . . . . . . . . . . . Subordinate to civil power . . . . . . . . . . . . . . . . . . . (See Army; Militia) Militia Citizens subject to duty in . . . . . . . . . . . . . . . . . . . . Who exempt . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption to persons having conscientious scruples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Governor to be commander-in-chief . . . . . . . . . . . . Governor’s power to call forth . . . . . . . . . . . . . . . . Members entitled to admission to soldiers’ home, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Officer of Election and appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligible to legislature, when Organization and discipline. . . . . . . . . . . . . . . . . . . Privilege from arrest, when . . . . . . . . . . . . . . . . . . . (See Arms; Army; Military) Mines Protection of employees, laws to be passed . . . . . . Yield tax or au valorem tax authorized . . . . . . . . . . Mining purposes [Vol. 1 RCW—page 127] Index Constitution of the State of Washington Use of water for, deemed public use . . . . . . . . . . . . 21 Minors Property of, not to be affected by special laws . . . . (See Children; Majority) 2 Misdemeanors Original jurisdiction of superior court . . . . . . . . . . . Money Corporations etc. not to issue anything but lawful money of United States . . . . . . . . . . . . . . . . . . Disbursement from state treasury . . . . . . . . . . . . . . Public officers to deposit with treasurer . . . . . . . . . State Taxes payable in . . . . . . . . . . . . . . . . . . . . . . . Using public money by officer a felony. . . . . . . . . . (See Public money) Monopolies Forbidden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture of franchise and property may be declared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Penalties to be provided by law . . . . . . . . . . . . . . . . Motor vehicles License fees and excise taxes to be placed in special fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Municipal corporations Appropriation of right-of-way . . . . . . . . . . . . . . . . . Cities of 10,000 or over may frame own charter . . . Combined city-county . . . . . . . . . . . . . . . . . . . . . . . Corporate stock or bonds not to be owned by . . . . . Credit or money not to be loaned, exceptions . . . . . Debts Expenditures for port district promotional activities . . . . . . . . . . . . . . . . . . . . . . . . . Release by special law prohibited. . . . . . . . . . Improvements, power to make by special taxation or assessment . . . . . . . . . . . . . . . . . . . . . . . . . Indebtedness, limitations on. . . . . . . . . . . . . . . . . . . Local affairs controlled by . . . . . . . . . . . . . . . . . . . . Organization to be under general laws. . . . . . . . . . . Police and sanitary regulations enforced by . . . . . . Private property not to be taken for debt of . . . . . . . Public money to be deposited with treasurer . . . . . . Salary of officers (Partially repealed by Amendment 54) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Amendment 54) . . . . . . . . . . . . . . . . . . . . . . . Seals of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special act to create or amend charter prohibited . . Streets, power to extend over tide lands . . . . . . . . . Taxation Assessment and levy, power of. . . . . . . . . . . . Exemption of municipal property from taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Imposition for local purposes prohibited to legislature . . . . . . . . . . . . . . . . . . . . . . . . Local power to assess and levy, where . . . . . . . . . . Term of officers not to be extended . . . . . . . . . . . . . Use of public money by official, a felony . . . . . . . . (See City; Municipal courts; Municipal fines; Towns and villages) 1 28(4),(11) 4 6 12 8 11 7 11 11 4 15 6 14 12 22 12 12 22 22 2 1 11 11 8 8 8 2 40 16 10 16 7 7 8 28(10) 7 8 11 11 11 11 11 9 6 11 10 11 13 15 11 30 27 2 15 8 1 9 28(8) 3 7 9 7 1 11 11 11 11 12 12 8 14 Municipal courts Legislature may provide for. . . . . . . . . . . . . . . . . . . 4 1 Municipal fines Appellate jurisdiction of supreme court. . . . . . . . . . Original jurisdiction of superior court . . . . . . . . . . . 4 4 4 6 Municipal indebtedness Limitations and restrictions on. . . . . . . . . . . . . . . . . (See City; Towns and villages) Names [Vol. 1 RCW—page 128] 8 6 Change of, by special legislation prohibited . . . . . . 2 28(1) Naturalization Power of, vested in superior court. . . . . . . . . . . . . . 4 6 Navigable waters Harbor lines, commission to be established to locate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ownership of state in beds and shores asserted . . . 15 17 1 1 New county Formation by special act not prohibited . . . . . . . . . Restrictions on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 11 Nonjudicial days Certain writs may be issued and served on . . . . . . . Superior courts not open on. . . . . . . . . . . . . . . . . . . Supreme court need not be open on . . . . . . . . . . . . 4 4 4 6 6 2 Nonrecourse revenue bonds Industrial development projects . . . . . . . . . . . . . . . 32 1 Nonresidents Taxation of lands of citizens of United . . . . . . . . . . States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 2 Normal schools Included in public school system . . . . . . . . . . . . . . 9 2 Nuisance, action to abate Appellate jurisdiction of supreme court . . . . . . . . . Original jurisdiction of superior court. . . . . . . . . . . 4 4 4 6 Oath of office Prescribed for judges . . . . . . . . . . . . . . . . . . . . . . . . Recall for violation of . . . . . . . . . . . . . . . . . . . . . . . 4 1 28 33,34 Oaths Mode of administering . . . . . . . . . . . . . . . . . . . . . . Of judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of senators in impeachment trials . . . . . . . . . . . . . . 1 4 5 6 28 1 Obligation of contracts Not to be impaired by legislation . . . . . . . . . . . . . . 1 23 Offenses Bailable, except . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing, to be prosecuted in name of state . . . . . . . Impeachment of public officers for . . . . . . . . . . . . . Jeopardy, twice in, for same offense, forbidden . . . Prosecution by information or indictment. . . . . . . . Rights of accused. . . . . . . . . . . . . . . . . . . . . . . . . . . Trial by jury, right of . . . . . . . . . . . . . . . . . . . . . . . . 1 27 5 1 1 1 1 20 5 2 9 25 22 21 2 2 14 30 2 13 2 4 3 1 14 15,17 25 11 4 4 3 9 31 13 3 11 25 5 2 30 Office Acceptance of, under United States or foreign power vacates seat in legislature, exceptions . Bribery, a disqualification for . . . . . . . . . . . . . . . . . Disqualification of legislators for certain civil offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ineligibility for legislature of persons holding certain offices . . . . . . . . . . . . . . . . . . . . . . . . . . . Judge, open to whom. . . . . . . . . . . . . . . . . . . . . . . . Legislature may abolish certain offices. . . . . . . . . . Religious qualification not to be required . . . . . . . . Removal of judges, etc. by joint resolution of legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of judges or justices by supreme court. . . Vacancy in, how filled . . . . . . . . . . . . . . . . . . . . . . . Officers Abolition of certain state offices authorized . . . . . . Accountability for fees and money collected . . . . . Compensation, change during term (See Compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corrupt solicitation of, prohibited . . . . . . . . . . . . . . 28(18) 3 (2010 Ed.) Index to State Constitution County officer ineligible for more than two terms (Repealed by Amendment 22) . . . . . . . . . . . . County, township, precinct, and district election and compensation to be regulated by legislature . . Election of First, under Constitution . . . . . . . . . . . . . . . . . When no provision in Constitution . . . . . . . . . Extra compensation prohibited . . . . . . . . . . . . . . . . Guilty of felony, when uses public money. . . . . . . . Impeachment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legislative, each house to elect . . . . . . . . . . . . . . . . Local, may be members of legislature . . . . . . . . . . . Militia Appointment or election of . . . . . . . . . . . . . . . Without salary eligible to legislature . . . . . . . Passes, use or acceptance by, forbidden. . . . . . . . . . Public moneys to be deposited with treasurer . . . . . Recall (See Recall of officers) Removable by law, when not impeachable . . . . . . . Salary, change, during term (See Salaries) Territorial and United States, how long to hold . . . . Transportation passes Issuance to, prohibited . . . . . . . . . . . . . . . . . . Use of, prohibited . . . . . . . . . . . . . . . . . . . . . . Trustees of state institutions, appointment. . . . . . . . (See Appointment; County officers; District officers; Governor; Lieutenant governor; Precinct officers; Recall of officers; Salaries; State officers; Term of office) Official acts Validation by special laws prohibited . . . . . . . . . . . 11 7 11 5 27 27 2 11 5 2 2 7 11 25 14 2 10 14 10 2 2 14 2 39 11 15 3 5 3 27 12 2 13 2 6,14 20 39 1 28(12) Omissions In laws, annual report by judges . . . . . . . . . . . . . . . 4 25 Open space lands Taxation based on actual use . . . . . . . . . . . . . . . . . . 7 11 Opinions Of supreme court, publication . . . . . . . . . . . . . . . . . 4 21 Original jurisdiction Superior court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 6 4 Ownership of lands Prohibited to aliens, except (Repealed by Amendment 42) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pardoning power Governor vested with, subject to restrictions. . . . . . Report to legislature of pardons granted . . . . . . . . . 2 3 3 33 9 11 Partnership (See Copartnerships) Pass Index Pension funds, public Investment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pension increase not extra compensation . . . . . . . . People Political power inherent in . . . . . . . . . . . . . . . . . . . Public lands held in trust for . . . . . . . . . . . . . . . . . . Reservation of powers by . . . . . . . . . . . . . . . . . . . . Right Of petition and peaceful assemblage. . . . . . . . . . . . To religious liberty . . . . . . . . . . . . . . . . . . . . . To security in home . . . . . . . . . . . . . . . . . . . . Rights retained not affected by grants in Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Toleration of religious sentiment secured to . Permanent school fund Investment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 2 1 25 1 16 2 1 1 1 1 1 1 4 11 7 1 26 30 1 9 16 3 5 4 4 7 12 1 7 (See Common school fund; Common school construction fund; School fund) Personal property Appellate jurisdiction of supreme court . . . . . . . . . Power of legislature to exempt from taxation, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rolling stock of railroad is . . . . . . . . . . . . . . . . . . . Persons Convicted of infamous crimes, excluded from elective franchise . . . . . . . . . . . . . . . . . . . . . . . . . School funds not to be loaned to (Amended by Amendment 44) . . . . . . . . . . . . . . . . . . . . . . . 6 3 16 5 Persons under disability Sale or mortgage of property forbidden to be authorized by special law . . . . . . . . . . . . . . . . . . . . 2 28(4) 1 4 Police justice Justice of peace may be made . . . . . . . . . . . . . . . . . 4 10 Police power Counties, cities, towns, townships may exercise. . . 11 11 Political power Inherent in people . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 2 4 Population Classification of counties by . . . . . . . . . . . . . . . . . . 11 5 Port districts Bonds, nonrecourse revenue for industrial development projects . . . . . . . . . . . . . . . . . . . . . . . . . Excepted from levy limitation . . . . . . . . . . . . . . . . . Promotional activities . . . . . . . . . . . . . . . . . . . . . . . 32 7 8 1 2 8 Postmaster Eligible to legislature, when . . . . . . . . . . . . . . . . . . 2 14 3 2 4 1 Petition Right of, not to be abridged. . . . . . . . . . . . . . . . . . . (See Initiative and referendum; Recall of officers) Pooling By common carriers prohibited (Repealed by Amendment 67) . . . . . . . . . . . . . . . . . . . . . . . (See Combinations) Popular government (See Initiative and referendum) Grant of, to public officers, prohibited . . . . . . . . . . Use of, by public officers, prohibited . . . . . . . . . . . Passenger tariffs Abuses and extortions to be prohibited . . . . . . . . . . Regulation by legislature authorized . . . . . . . . . . . . 12 2 12 12 Penal institutions State support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Penalties Accrued to territory, inure to state . . . . . . . . . . . . . . Incurred, not affected by change in government . . . Remission by special act prohibited . . . . . . . . . . . . Violation of provisions against monopolies. . . . . . . 27 27 2 12 Penitentiary Chaplain, right to employ . . . . . . . . . . . . . . . . . . . . 1 (2010 Ed.) 20 39 18 18 1 3 5 28(14) 22 11 Powers Executive, vested in governor . . . . . . . . . . . . . . . . . Initiative and referendum (See Initiative and referendum) Judicial, where vested . . . . . . . . . . . . . . . . . . . . . . . Legislative [Vol. 1 RCW—page 129] Index Constitution of the State of Washington During emergency periods caused by enemy attack . . . . . . . . . . . . . . . . . . . . . . . . . . . Where vested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pardoning, where vested . . . . . . . . . . . . . . . . . . . . . 2 2 3 42 1 9 Precinct officers Election, duties, terms, and compensation to be provided for by legislature . . . . . . . . . . . . . . . . . . Official bonds unaffected by change in government Territorial, hold office until when . . . . . . . . . . . . . . Vacancies, how filled . . . . . . . . . . . . . . . . . . . . . . . . 11 27 27 11 5 14 14 6 President of senate Lieutenant governor shall be . . . . . . . . . . . . . . . . . . Temporary presiding officer, when chosen . . . . . . . 3 2 16 10 Press Liberty of, secured . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5 Prices Combination to fix, prohibited. . . . . . . . . . . . . . . . . 12 22 Private affairs Disturbance of, prohibited . . . . . . . . . . . . . . . . . . . . 1 7 Property Corporate, subject to eminent domain. . . . . . . . . . . Deprivation without due process of law prohibited Private, not to be taken to pay public debts. . . . . . . Taking for private use prohibited, exceptions . . . . . Territorial, to vest in state . . . . . . . . . . . . . . . . . . . . (See Personal property; Taxation) Prosecuting attorney Election, duties, term, compensation, legislature to provide for . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal from office by legislature . . . . . . . . . . . . . Prosecutions Commenced before statehood, how conducted . . . . Conducted in name of state . . . . . . . . . . . . . . . . . . . May be by information or indictment . . . . . . . . . . . Unaffected by change in government . . . . . . . . . . . (See Criminal actions) 12 1 11 1 27 10 3 13 16 4 11 4 5 9 27 4 1 27 5 27 25 5 Protection Life, liberty and property entitled to . . . . . . . . . . . . Persons engaged in dangerous employments, provisions for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public arms, provision for safekeeping . . . . . . . . . . 1 3 2 10 35 4 Public arms Protection and safekeeping to be provided . . . . . . . 10 4 Publication Amendments proposed to Constitution . . . . . . . . . . Liberty of, guaranteed . . . . . . . . . . . . . . . . . . . . . . . Of measures referred to the people . . . . . . . . . . . . . Opinions of supreme court . . . . . . . . . . . . . . . . . . . Receipts and expenditures of public money . . . . . . 23 1 2 4 7 1 5 1(e) 21 7 Public debts Private property not to be taken in payment of . . . . 11 13 Public employment Religious qualification not to be required . . . . . . . . 1 11 11 11 5 14 Private corporations (See Corporations) Private legislation Prohibited in enumerated cases . . . . . . . . . . . . . . . . Private property Not to be taken for public debts. . . . . . . . . . . . . . . . Taking for public or private use . . . . . . . . . . . . . . . . (See Eminent domain) 2 28 11 1 13 16 Privilege Irrevocable grant of, prohibited . . . . . . . . . . . . . . . . Legislative members not subject to arrest or civil process, when . . . . . . . . . . . . . . . . . . . . . . . . . Militia not to be arrested, when . . . . . . . . . . . . . . . . Voters privileged from arrest at election, except . . . 1 8 2 10 6 16 5 5 Privileges Equal to all citizens and corporations . . . . . . . . . . . Hereditary, grant of, by state prohibited . . . . . . . . . Special, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 1 12 28 12 Probate courts Transfer from territorial to superior court . . . . . . . . 27 10 4 4 4 6 27 10 Probate matters Appellate jurisdiction of supreme court. . . . . . . . . . Original jurisdiction of superior court . . . . . . . . . . . Transfer of jurisdiction from territorial probate court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Process Authority of superior court extends throughout state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legislators privileged from, when . . . . . . . . . . . . . . State courts may have served on lands of United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Style of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Territorial to be valid . . . . . . . . . . . . . . . . . . . . . . . . 4 2 6 16 25 4 27 1 27 1 Proclamation of president State Constitution to go into effect upon . . . . . . . . . 27 16 Prohibition Appellate and revisory jurisdiction of supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Original jurisdiction of superior court . . . . . . . . . . . Sale of liquors, separate article (rejected) . . . . . . . . Writs of, may be issued and served on nonjudicial days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Vol. 1 RCW—page 130] 4 4 27 4 6 17 4 6 Public corporations (See Municipal corporations) Public funds Legislature to provide for accounting . . . . . . . . . . . Private use of by officers felonious . . . . . . . . . . . . . (See Appropriations; Investments; Industrial insurance trust fund; Public pension funds; School funds) Public health Exception from power of referendum of bills affecting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Laws regulating deleterious occupations to be passed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State board of, shall be created . . . . . . . . . . . . . . . . Public indebtedness Municipal, limit of. . . . . . . . . . . . . . . . . . . . . . . . . . State building authority . . . . . . . . . . . . . . . . . . . . . . State, limit of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exceptions to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Territorial, assumed by state . . . . . . . . . . . . . . . . . . (See City; County indebtedness; State indebtedness; Towns and villages) 2 2 20 1(b) 35 1 8 8 8 8 26 6 9 1 2,3 3 Public institutions Exception from power of referendum of bills affecting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 13 l(b) 1 Public lands Disclaimer by state of title to unappropriated . . . . . Granted to state held in trust for people . . . . . . . . . Sale only for full market value . . . . . . . . . . . . . . . . 26 16 16 2 1 1 (2010 Ed.) Index to State Constitution Unappropriated to be subject to control of United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Commissioner of public lands; Granted lands; Lands; School lands) Public money Accountability of public officers . . . . . . . . . . . . . . . Appropriation for religious worship prohibited . . . . Deposit with treasurer required . . . . . . . . . . . . . . . . Energy, water, or stormwater or sewer services loans for conservation . . . . . . . . . . . . . . . . . . . Statement of receipts and expenditures to be published annually . . . . . . . . . . . . . . . . . . . . . . . . Using or making a profit out of, a felony. . . . . . . . . (See Money) Public office Religious qualification not to be required . . . . . . . . Public officer Change of compensation during term (See Compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Religious qualifications, prohibition against . . . . . . (See Officers) 26 9 1 8 10 7 11 7 14 Railroad and transportation commission May be established by legislature . . . . . . . . . . . . . . 12 18 12 15 12 22 12 12 12 14 18 13 12 12 13 16 12 13 12 19 12 12 12 15 15 21 12 12 18 20 12 13 12 18 2 12 12 39 20 17 12 12 19 13 Railway cars Jurisdiction of public offense committed on . . . . . . 1 22 Ratification Constitutional amendments . . . . . . . . . . . . . . . . . . . Revision of Constitution . . . . . . . . . . . . . . . . . . . . . 23 23 1 3 Real property Appellate jurisdiction of supreme court . . . . . . . . . Original jurisdiction of superior court. . . . . . . . . . . Retired persons tax exemption . . . . . . . . . . . . . . . . Taxation based on actual use . . . . . . . . . . . . . . . . . . 4 4 7 7 4 6 10 11 1 13 1 33 1 1 1 1 1 34 33 34 33 33 1 1 11 11 11 Public safety Exception from power of referendum of bills affecting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ground for suspension of habeas corpus . . . . . . . . . 2 1 1(b) 13 26 9 26 9 26 4 4 4 1 4 3 9 9 22 2 2 21 1 1 16 Punishment Bribery and corrupt solicitation, how punished . . . . Cruel, not to be inflicted . . . . . . . . . . . . . . . . . . . . . Qualifications Judges of supreme and superior courts . . . . . . . . . . Members of legislature . . . . . . . . . . . . . . . . . . . . . . Each house to be judge of . . . . . . . . . . . . . . . . Religious, not to be required for public office . . . . . State officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voters, of (See Voter) Quo warranto Appellate and original jurisdiction of supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Original jurisdiction of superior court . . . . . . . . . . . Quorum (2010 Ed.) 8 2 Discrimination in education on account of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Public utility districts Excepted from levy limitation . . . . . . . . . . . . . . . . . 2 4 Race Public property Not to be applied to religious worship . . . . . . . . . . . Public use Of state waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taking of private property for . . . . . . . . . . . . . . . . . (See Eminent domain) 8 5 11 15 1 25 Superintendent of public instruction to have supervision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . System to be established by state. . . . . . . . . . . . . . . Including what . . . . . . . . . . . . . . . . . . . . . . . . (See Common schools; Education; High schools; Normal schools; Technical schools) 2 11 1 11 29 2 Open to all children of state . . . . . . . . . . . . . . . . . . . Legislature Majority of each house to constitute . . . . . . . Less number may adjourn and compel attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . Supreme court, majority of judges necessary . . . . . 2 Public pension funds Investment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pension increase not extra compensation . . . . . . . . Public schools Establishment and maintenance guaranteed . . . . . . Free from sectarian control . . . . . . . . . . . . . . . . . . . Index 7 2 2 1 30 14 4 2 2 1 3 17 7 8 11 25 4 4 Railroad companies Charges to any point not to exceed those to more distant station . . . . . . . . . . . . . . . . . . . . . . . . . Combinations to regulate production or transportation of commodities prohibited . . . . . . . . . . . Sharing earnings forbidden (Repealed by Amendment 67) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission to control may be established . . . . . . . Common carriers, subject to legislative control Connection at state line with foreign railroads authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consolidation with competing lines prohibited. . . . Delay in receipt and transportation of connecting cars forbidden . . . . . . . . . . . . . . . . . . . . . . . . . Discrimination Between telegraph companies forbidden . . . . In charges between persons and places prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Excursion and commutation tickets may be granted Express companies to be allowed equal terms . . . . Extortion and discrimination in rates to be prevented . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grant of passes to public officers forbidden . . . . . . Intersecting, crossing or connecting with other railroads authorized . . . . . . . . . . . . . . . . . . . . . . . Maximum rates of fare and freight may be established by law. . . . . . . . . . . . . . . . . . . . . . . . . . Passes Acceptance and use by public officers unlawful. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issuance of, prohibited . . . . . . . . . . . . . . . . . . Rolling stock subject to taxation and execution sale Telegraph and telephone companies to be allowed to use right-of-way . . . . . . . . . . . . . . . . . . . . . Transfer of cars, when shall form connections for (See Common carriers) 4 6 Rebellion or invasion Suspension of writ of habeas corpus . . . . . . . . . . . . (See also Invasion and attack) Recall of officers Grounds for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legislature, duty to pass necessary laws to carry out recall provisions . . . . . . . . . . . . . . . . . . . . . . . Officers subject to . . . . . . . . . . . . . . . . . . . . . . . . . . Percent of voters required for . . . . . . . . . . . . . . . . . Petition for, content and filing requirements . . . . . . Special election on petition for . . . . . . . . . . . . . . . . [Vol. 1 RCW—page 131] Index Constitution of the State of Washington Receipts and expenditures Account of, to be published . . . . . . . . . . . . . . . . . . . Reclamation Taking property for is public use . . . . . . . . . . . . . . . Recognizances Territorial inure to state . . . . . . . . . . . . . . . . . . . . . . Valid and unaffected by change in government . . . Compensation and mileage . . . . . . . . . . . . . . . . . . . 1 16 27 27 4 4 2 42 3 3 27 17 24 8 Redistricting Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legislature’s approval . . . . . . . . . . . . . . . . . . . . . . . Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 2 43 43 43 Referendum (See Initiative and referendum) Regents Appointment for state institutions . . . . . . . . . . . . . . 7 13 1 1 Registration law Compliance with by elector necessary. . . . . . . . . . . Enactment by legislature required, when. . . . . . . . . Power of legislature to provide for punishment for illegal registration (Amended by Amendment 63) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 7 7 6 1 Release of debt or obligation Special legislation prohibited. . . . . . . . . . . . . . . . . . 2 Religion Appropriations of public funds for religious purposes prohibited . . . . . . . . . . . . . . . . . . . . . . . Chaplain of state penitentiary, right to employ . . . . Freedom of conscience guaranteed . . . . . . . . . . . . . Juror not incompetent because of . . . . . . . . . . . . . . No person to be molested on account of . . . . . . . . . Public office, religious qualification prohibited . . . Toleration in, secured. . . . . . . . . . . . . . . . . . . . . . . . Witness not incompetent because of . . . . . . . . . . . . Removal from office Commission on judicial conduct, recommendations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impeachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Joint resolution of legislature for removal . . . . . . . . Judges and justices, by supreme court . . . . . . . . . . . Officers liable to impeachment . . . . . . . . . . . . . . . . Officers not liable to impeachment, how removed . Of governor, who to act . . . . . . . . . . . . . . . . . . . . . . (See Recall of officers) Reporter of supreme court 1 1 1 1 1 26 1 26 1 28(10) 11 11 11 11 11 1 11 1 11 2 2 2 2 2 2 16 16 7 43 4,5 15 Reprieves Report of, by governor to legislature. . . . . . . . . . . . 3 11 Residence Not affected by certain absences, for purposes of voting and eligibility to office . . . . . . . . . . . . Qualifications for voters . . . . . . . . . . . . . . . . . . . . . Retired persons tax exemption for. . . . . . . . . . . . . . State officers, where . . . . . . . . . . . . . . . . . . . . . . . . 6 6 7 3 4 1,1A 10 24 8 10 Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Number of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Privilege From arrest, except . . . . . . . . . . . . . . . . . . . . . From civil process, when . . . . . . . . . . . . . . . . Qualifications of . . . . . . . . . . . . . . . . . . . . . . . . . . . Reapportionment after each census . . . . . . . . . . . . . Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacancy in office, how filled. . . . . . . . . . . . . . . . . . (See House of representatives; Recall of officers) Retirement Funds, investment of . . . . . . . . . . . . . . . . . . . . . . . . Judges of supreme, superior courts . . . . . . . . . . . . . Public officers, increase in pension not extra compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Retired persons tax exemption . . . . . . . . . . . . . . . . 4 5 4 4 5 5 3 31 1 9 31 2 3 10 4 18 4 4 21 25 Representative districts Apportionment among counties. . . . . . . . . . . . . . . . Vacancies, how filled . . . . . . . . . . . . . . . . . . . . . . . . 22 2 2 15 Representatives Apportionment among counties. . . . . . . . . . . . . . . . 22 2 29 4 1 3(a) 2 7 25 10 7 3 7 7 10 1 Review, writ of Appellate and revisory jurisdiction of supreme court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Original jurisdiction of superior court. . . . . . . . . . . 4 4 4 6 Revision of Constitution Convention for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2 Right of petition Not to be abridged . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 1 16 1 4 1 24 1 24 Revenue and taxation Corporate property subject same as individual (Stricken by Amendment 14) . . . . . . . . . . . . . Exemptions from taxation (See Taxation) . . . . . . . Retired persons property tax exemption . . . . . . . . . Uniform and equal rate required . . . . . . . . . . . . . . . (See Taxation) Right-of-way Appropriation of property for . . . . . . . . . . . . . . . . . (See Eminent domain) Reports Decisions of supreme court . . . . . . . . . . . . . . . . . . . Defects and omissions in the laws . . . . . . . . . . . . . . [Vol. 1 RCW—page 132] 23 1 4,5 2 7 Records Continuity of government in emergency periods due to enemy attack . . . . . . . . . . . . . . . . . . . . . . . . Of legislature and executive department, secretary of state to keep . . . . . . . . . . . . . . . . . . . . . . . . Of state officers to be kept at capital . . . . . . . . . . . . Of territorial courts, transferred to superior courts . Reforestation Yield tax or au valorem tax authorized . . . . . . . . . . 2 28 2 2 Residential energy conservation Loan of credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Right to assemble Not to be abridged . . . . . . . . . . . . . . . . . . . . . . . . . . Right to bear arms Not to be impaired . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on employment of armed men by private persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rights Declaration of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enumerated, not to affect others retained . . . . . . . . Not affected by change in government . . . . . . . . . . Reservation of rights in people (See Initiative and referendum) . . . . . . . . . . . . . . . . . . . . . . . . . . Road district Vacancy in office, how filled. . . . . . . . . . . . . . . . . . 1 1 27 1-2 30 1 11 6 Roads (See Highways; State roads; Streets and roads) (2010 Ed.) Index to State Constitution Rolling stock Personal property, subject to taxation and execution sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 4 4 5 30 24 Rules of proceedings Each house to determine . . . . . . . . . . . . . . . . . . . . . 2 9 Maintained by public funds to be free from sectarian control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public school system, what included in. . . . . . . . . . (See Common schools; Education; High schools; Normal schools; Public schools) 17 Rules of court Assignment of business of superior court under . . . Court of appeals, governing . . . . . . . . . . . . . . . . . . . Judges of superior courts to establish . . . . . . . . . . . Salaries Change in, during term of public officer (Partially repealed by Amendment 54) . . . . . . . . . . . . . . (Amendment 54) . . . . . . . . . . . . . . . . . . . . . . . Clerk of supreme court. . . . . . . . . . . . . . . . . . . . . . . County, township, precinct, and district officers . . . Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Independent commission to set . . . . . . . . . . . . . . . . Judges of supreme and superior courts (partially superseded by Amendment 78). . . . . . . . . . . . Justice of peace in certain cities. . . . . . . . . . . . . . . . Referendum by people when changed . . . . . . . . . . . Reporter of supreme court . . . . . . . . . . . . . . . . . . . . State officers (Amendment 20) (Amendment 78) . . Attorney general (Partially superseded by Amendment 78) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Auditor (Partially superseded by Amendment 78) Commissioner of public lands . . . . . . . . . . . . . . . . . Governor (Partially superseded by Amendment 78) Legislature, members of (Partially superseded by Amendment 78) . . . . . . . . . . . . . . . . . . . . . . . Lieutenant governor (Partially superseded by Amendment 78) . . . . . . . . . . . . . . . . . . . . . . . Secretary of state (Partially superseded by Amendment 78) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superintendent of public instruction (Partially superseded by Amendment 78). . . . . . . . . . . . Treasurer (Partially superseded by Amendment 78) Index Seal Commissions to be sealed . . . . . . . . . . . . . . . . . . . . Of state, design of . . . . . . . . . . . . . . . . . . . . . . . . . . Custodian, secretary of state to be . . . . . . . . . Of superior courts, design of . . . . . . . . . . . . . . . . . . Of territorial court, county and municipal officers, to be seals under state . . . . . . . . . . . . . . . . . . . 27 8,9 2 3 27 27 14 3 14 42 24 15 18 1 24 2 14 14 1 1 4 4 28 4 28 13,14 10 1 18 1 Secrecy In legislative proceedings . . . . . . . . . . . . . . . . . . . . Of ballot, to be secured at elections . . . . . . . . . . . . 2 6 11 6 3 15 2 3 3 3 2 3 2 3 34 4 17 1 1(a) 24 1(d) 24 3 18 2 3 3 1(d) 10 3 9 26 4 4 1 1 32 7 13 5 5 2 2 2 2 2 1 1 1 1 2 10 8 43 22 2 2 2 2 1 6 6 6 15 Secretary of state Attests commissions issued by state . . . . . . . . . . . . Bureau of statistics, etc., to be established in office of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delivery of election returns for executive officers . Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Initiative measures, filing petitions . . . . . . . . . . . . . Records to be kept at seat of government . . . . . . . . Referendum petition filed with . . . . . . . . . . . . . . . . Residence to be maintained at seat of government . Salary (See Salaries) Seal of state to be kept by . . . . . . . . . . . . . . . . . . . . Submitting measures to the people pending enactment of specific legislation respecting initiative and referendum . . . . . . . . . . . . . . . . . . . . Succession to office of governor . . . . . . . . . . . . . . . Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 3 16 3 17 3 3 22 19 Sanitary regulations County, city, and town may enforce. . . . . . . . . . . . . 11 11 School district Exemption of property from taxation . . . . . . . . . . . Indebtedness, limitations on. . . . . . . . . . . . . . . . . . . 7 8 1 6 Sectarian control Public schools to be free from . . . . . . . . . . . . . . . . . School elections Women may be permitted to vote (Stricken by Amendment 5) . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Security Of individual rights, what is essential . . . . . . . . . . . Of person in private affairs and home . . . . . . . . . . . 9 2 2 28(7) 9 9 16 3 3 5 16 9 9 5 5 3 (2010 Ed.) 15 1 18 9 Seat of government Continuity of government in emergency periods due to enemy attack. . . . . . . . . . . . . . . . . . . . . . . . Documents, storage . . . . . . . . . . . . . . . . . . . . . . . . . Election for, under territorial law . . . . . . . . . . . . . . Form of ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location, how determined . . . . . . . . . . . . . . . . . . . . Officers residence . . . . . . . . . . . . . . . . . . . . . . . . . . Permanent location, how changed. . . . . . . . . . . . . . Provision for determination if no choice at first election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Temporary, to be located where. . . . . . . . . . . . . . . . 2 Schools 3 18 3 27 25 25 13 8 1 1 22 5,8 1 1 21 20 23 14 School lands Sale, manner of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 2 3 4 11 28 30 4 11 28 28 3 3 3 3 School fund Applied exclusively to common schools . . . . . . . . . Apportionment by special act forbidden . . . . . . . . . Bonds, investment in (Amendment 1) Enlargement of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interest to be applied to current expenses . . . . . . . . Investment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loans to private persons or corporations forbidden (Amended by Amendment 44) . . . . . . . . . . . . Losses from, assumed by state. . . . . . . . . . . . . . . . . Sources from which derived . . . . . . . . . . . . . . . . . . (See Common school construction fund; Common school fund; Permanent school fund) 9 9 16 2-4 Senate Consent to certain appointments by governor . . . . . Impeachments tried by . . . . . . . . . . . . . . . . . . . . . . Conviction requires two-thirds vote . . . . . . . . Legislative authority vested in . . . . . . . . . . . . . . . . Number of senators . . . . . . . . . . . . . . . . . . . . . . . . . Presiding officer in absence of lieutenant governor Quorum, majority to constitute . . . . . . . . . . . . . . . . Redistricting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Legislature; Senators) Senatorial districts Apportionment among counties . . . . . . . . . . . . . . . Convenient and contiguous territory required. . . . . Numbering to be consecutive . . . . . . . . . . . . . . . . . Representative districts not to be divided . . . . . . . . Vacancy in office, how filled. . . . . . . . . . . . . . . . . . [Vol. 1 RCW—page 133] Index Constitution of the State of Washington Senators Allotment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Apportionment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation and mileage . . . . . . . . . . . . . . . . . . . Elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impeachments tried by . . . . . . . . . . . . . . . . . . . . . . . Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Privilege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . From arrest, except . . . . . . . . . . . . . . . . . . . . . From civil process, when . . . . . . . . . . . . . . . . Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Redistricting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Term of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacancy in office, how filled . . . . . . . . . . . . . . . . . . For local improvements authorized . . . . . . . . . . . . . 2 22 2 28 2 5 2 2 2 2 2 1 2 2 6 1 23 1 6 1 2 16 16 7 43 33,34 6 15 Separate articles Submission for adoption or rejection . . . . . . . . . . . . Form of ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition (rejected) . . . . . . . . . . . . . . . . . . . . . . . . Woman suffrage (rejected). . . . . . . . . . . . . . . . . . . . 27 27 27 27 17 18 17 17 Sessions, legislative Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Must be open, exceptions. . . . . . . . . . . . . . . . . . . . . Regular. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vetoed bills, extraordinary session to reconsider . . 2 2 2 2 3 12 11 12 12 12 Settlement of land Taking of property for is public use . . . . . . . . . . . . . 1 16 Sewers City or town may contract debt for, limitations . . . . Sex Denial of franchise on account of, legislature may provide against in school elections (Stricken by Amendment 5) . . . . . . . . . . . . . . . . . . . . . . Discrimination in education on account of, prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Equal rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sex qualifications for voting abolished (Amendment 63) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 6 2 9 31 1 1,2 6 1 Sheriffs Election, duties, terms, etc., to be provided for by legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 Shores and beds of navigable waters Assertion of state ownership . . . . . . . . . . . . . . . . . . Disclaimer by state where patented, exception . . . . 17 17 1 2 Soldiers Nonresident, excluded from enumeration of state inhabitants . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quartering in private house forbidden, exceptions . 2 1 43 31 7 9 Speech Liberty of, guaranteed . . . . . . . . . . . . . . . . . . . . . . . 1 5 Speedy trial Right of accused . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 22 Standing army Not to be kept in time of peace . . . . . . . . . . . . . . . . 1 31 24 8 1 9 25 25 26 1 1 1-4 State Boundaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building authority . . . . . . . . . . . . . . . . . . . . . . . . . . Cession to United States of exclusive legislation over certain lands . . . . . . . . . . . . . . . . . . . . . . Reservation of right to serve process . . . . . . . Compact with United States . . . . . . . . . . . . . . . . . . Congressional districts, division into (Repealed by Amendment 74) . . . . . . . . . . . . . . . . . . . . . . . Continuity of government in emergency periods due to enemy attack. . . . . . . . . . . . . . . . . . . . . . . . Convict labor not to be let out by contract . . . . . . . Corporations, ownership of stock in or loaning credit to, prohibited . . . . . . . . . . . . . . . . . . . . Credit not to be loaned . . . . . . . . . . . . . . . . . . . . . . Criminal prosecutions continued in name of state on change of government . . . . . . . . . . . . . . . . . . Debts, fines, penalties, and forfeitures, accrued to territory inure to state . . . . . . . . . . . . . . . . . . . Debts Limitation on power . . . . . . . . . . . . . . . . . . . . Money raised, how applied . . . . . . . . . . . . . . Power to contract . . . . . . . . . . . . . . . . . . . . . . Disclaimer of title to federal and Indian lands . . . . Division into senatorial and representative districts Education, duty to provide for all children . . . . . . . Harbors, restriction on sale of lands or rights in . . . Indian lands, when taxable . . . . . . . . . . . . . . . . . . . Lands granted to, held in trust for people . . . . . . . . Ownership of beds and shores of navigable waters asserted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public schools, assumption of duty of establishing. State institutions to be supported. . . . . . . . . . . . . . . Suits against the state . . . . . . . . . . . . . . . . . . . . . . . Taxation, state property exempt from . . . . . . . . . . . Territory Debts and liabilities of, assumption by . . . . . Property of, passes to state . . . . . . . . . . . . . . . Timber and stone on state lands, sale of . . . . . . . . . Title in lands patented by United States disclaimed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Validation by special law of void official acts against the state not prohibited . . . . . . . . . . . . 27 13 2 2 42 29 12 8 12 9 5 9 27 5 27 3 8 8 8 26 22 9 15 26 16 1-3 1 1-3 2 1-2 1 1 2 1 17 26 13 2 7 1 4 1 26 1 26 27 16 3 4 3 17 2 2 28(12) State auditor (See Auditor) State board of health Legislature to establish . . . . . . . . . . . . . . . . . . . . . . 20 1 3 3 State building authority Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 1 2 33,34 1(d) State capital Location, how made . . . . . . . . . . . . . . . . . . . . . . . . Change of, method . . . . . . . . . . . . . . . . . . . . . . . . . (See Seat of government) 14 14 1 2 Special legislation Prohibited in enumerated cases . . . . . . . . . . . . . . . . 2 28 Special privileges Grant of, prohibited . . . . . . . . . . . . . . . . . . . . . . . . . Invalid, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State courts Jurisdiction of actions in territorial courts to be assumed by . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5,8,10 1 12 12 2 State indebtedness Annual expenses and state debt to be met by taxation (Amended by Amendment 14). . . . . . . . 7 Soldiers’ home Admission granted to certain state militiamen, Union soldiers, sailors, and marines . . . . . . . . Maintenance by state to be provided for . . . . . . . . . 10 10 Special election Recall of public officers, election on petition for . . Reference of measures to people at . . . . . . . . . . . . . Special taxation [Vol. 1 RCW—page 134] 1 (2010 Ed.) Index to State Constitution Limit of aggregate debt . . . . . . . . . . . . . . . . . . . . . . Increase allowed to repel invasion . . . . . . . . . Also for single work or object, after submission to vote . . . . . . . . . . . . . . . Losses in permanent school fund assumed as state debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State building authority . . . . . . . . . . . . . . . . . . . . . . State may contract debts to meet . . . . . . . . . . . . . . . State institutions Chaplains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Officers appointed by governor, with advice of senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Support by state required . . . . . . . . . . . . . . . . . . . . . 8 8 1 2 When take effect (Stricken by Amendment 7) . . . . (See Acts; Bill; Laws) 8 3 9 8 8 5 9 1 1 11 Stockholders Consent necessary to increase corporate stock . . . . Joinder as parties defendant in actions against corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Liability for corporate debts . . . . . . . . . . . . . . . . . . In banking, insurance and joint stock companies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Corporations; Stock of corporations) 13 13 1 1 Stock of corporations Counties, cities, etc., not to own, except . . . . . . . . . Fictitious increase void . . . . . . . . . . . . . . . . . . . . . . Increase allowed only under general law . . . . . . . . With consent of majority of stockholders . . . Issued only to bona fide holders . . . . . . . . . . . . . . . (See Corporations; Stockholders) State land commissioner (See Commissioner of public lands) State lands (See Lands; Public lands) State militia (See Militia) State officers Abolition of certain offices, power granted legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation, change during term (See Salaries) Duties of, temporary succession to during emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elections Contested, legislature to decide . . . . . . . . . . . First under Constitution, how and when . . . . . Quadrennial. . . . . . . . . . . . . . . . . . . . . . . . . . . Ties to be settled by legislature. . . . . . . . . . . . Time of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Governor may require information from . . . . . . . . . Impeachment, who liable to . . . . . . . . . . . . . . . . . . . Information to be furnished to governor in writing by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Passes, acceptance and use prohibited . . . . . . . . . . . Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records, to be kept at seat of government . . . . . . . . Removal of those not subject to impeachment . . . . Residence of certain, at state capital . . . . . . . . . . . . Salaries (See Salaries) Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Officers; Public officers) State offices Abolition of certain, permitted. . . . . . . . . . . . . . . . . Eligibility to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 31 12 6 12 12 4 4 12 11 8 12 12 12 12 7 6 6 6 6 16 3 15 3 2 28(2) Students Absence does not affect right to vote . . . . . . . . . . . 6 4 Subpoena Accused in criminal action has right to compel attendance of witnesses . . . . . . . . . . . . . . . . . 1 22 6 1 2 19 2 26 3 3 3 22 1 24 3 3 10 3 Stone Sale from state lands authorized . . . . . . . . . . . . . . . 3 25 2 42 3 27 6 3 6 3 5 4 7 8 4 8 5 2 3 12 2 3 3 5 3 5 20 39 25 24 3 24 3 3 3 3 25 25 State reformatories Chaplain, employment of. . . . . . . . . . . . . . . . . . . . . 1 11 State roads Opening by special law prohibited, except . . . . . . . 2 28(2) State school tax Applied exclusively to common schools . . . . . . . . . 9 2 State seal Description and custody. . . . . . . . . . . . . . . . . . . . . . 3 18 Statement of receipts and expenditures Annual publication required . . . . . . . . . . . . . . . . . . 7 7 Statistics Bureau of, established . . . . . . . . . . . . . . . . . . . . . . . 2 34 Statutes Enacting clause, style of . . . . . . . . . . . . . . . . . . . . . 2 18 State taxes (See Taxation) State treasurer (See Treasurer) (2010 Ed.) Index Streets and roads Extension over tide lands permitted . . . . . . . . . . . . Opening or altering under special laws prohibited, exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Highways) Suffrage Denial on account of sex, legislature may provide against in school elections (Stricken by Amendment 5) . . . . . . . . . . . . . . . . . . . . . . . . Exercise of right to be free, equal and undisturbed . Qualifications of voters (See Voter) Suits against state Legislature to direct. . . . . . . . . . . . . . . . . . . . . . . . . Superintendent of public instruction Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records to be kept at seat of government . . . . . . . . Salary (See Salaries) Succession to office of governor . . . . . . . . . . . . . . . Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superior court Actions, review of . . . . . . . . . . . . . . . . . . . . . . . . . . Assignment of judges by supreme court . . . . . . . . . Assignment of judges by governor . . . . . . . . . . . . . Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court commissioners, appointed . . . . . . . . . . . . . . . Court of record . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decisions of causes to be made within ninety days Election and districts . . . . . . . . . . . . . . . . . . . . . . . . First, contests to be determined how . . . . . . . Eligibility to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Equity jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . Grand jury summoned only on order of judge . . . . Judges Each, where more than one, invested with powers of all . . . . . . . . . . . . . . . . . . . . . Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . Number and distribution. . . . . . . . . . . . . . . . . Pro tempore, when authorized . . . . . . . . . . . . Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . Sits in any county, when. . . . . . . . . . . . . . . . . 4 4 4 4 4 4 4 4 27 4 4 1 30 2(a) 5 26 23 11 20 5,29 12 17 6 26 4 4 4 4 4 4 5 5,29 5 7 3(a) 7 [Vol. 1 RCW—page 135] Index Constitution of the State of Washington Supreme court duty, performance upon request . . . . . . . . . . . . . . . . . . . . . . . . . . Term of office . . . . . . . . . . . . . . . . . . . . . . . . . Judicial power, vested in . . . . . . . . . . . . . . . . . . . . . Jurisdiction, original and appellate . . . . . . . . . . . . . Naturalization, power of . . . . . . . . . . . . . . . . . . . . . Open, except on nonjudicial days . . . . . . . . . . . . . . Other court, perform duties in . . . . . . . . . . . . . . . . . Probate courts, appellate jurisdiction over. . . . . . . . Process extends to all parts of state . . . . . . . . . . . . . Report to supreme court defects in laws . . . . . . . . . Retirement of judges . . . . . . . . . . . . . . . . . . . . . . . . Review by court of appeals or supreme court . . . . . Rules of practice, shall establish . . . . . . . . . . . . . . . Salary (See Salaries) Seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sessions and distribution of business. . . . . . . . . . . . Territorial causes and records pass to . . . . . . . . . . . Vacancies, governor to fill . . . . . . . . . . . . . . . . . . . . Writs, power to issue . . . . . . . . . . . . . . . . . . . . . . . . (See Judges of superior court) 4 4 4 4 4 4 4 27 4 4 4 4 4 2(a) 5 1 6 6 6 2(a) 10 6 25 3(a) 30 24 27 4 27 4 4 9 5 5,8 5 6 4 4 4 4 4 4 4 4 4 2(a) 3 22 30 11 2 2 3 17 4 4 4 2 2 3(a) Budget stabilization account . . . . . . . . . . . . . . . . . . Cities, power, to assess and collect local taxes . . . . Counties, power to assess and collect local. . . . . . . Deficiencies, state tax may be levied for. . . . . . . . . Exemptions allowed for certain property . . . . . . . . Indian lands, when . . . . . . . . . . . . . . . . . . . . . Public property exemption . . . . . . . . . . . . . . . Real property, retired persons . . . . . . . . . . . . United States lands, when . . . . . . . . . . . . . . . 4 4 4 4 4 27 4 4 2 25 18 3(a) 30 9 3 2(a) 27 4 8 3 Farms, actual use . . . . . . . . . . . . . . . . . . . . . . . . . . . Federal agencies and property may be taxed, when Gasoline (certain) taxes limited to highway purposes only . . . . . . . . . . . . . . . . . . . . . . . . . . . . Head of family exemption . . . . . . . . . . . . . . . . . . . . Indian lands, patented, how taxed . . . . . . . . . . . . . . Intangible property . . . . . . . . . . . . . . . . . . . . . . . . . Jurisdiction Appellate, of supreme court . . . . . . . . . . . . . . Original, of superior court . . . . . . . . . . . . . . . Law imposing tax must state object . . . . . . . . . . . . Legislative power to provide for exemption . . . . . . Levy only in pursuance of law . . . . . . . . . . . . . . . . Proceeds applied only to object stated . . . . . . Property subject to . . . . . . . . . . . . . . . . . . . . . Local, legislature no power to impose. . . . . . . . . . . Mines and mineral resources, yield tax or au valorem tax on . . . . . . . . . . . . . . . . . . . . . . . . . . . . Municipal corporations Authority to assess and collect taxes . . . . . . . Power to assess and collect local taxes . . . . . Nonresidents, lands of, how taxed. . . . . . . . . . . . . . Open space lands, actual use . . . . . . . . . . . . . . . . . . Power of taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . Property subject to. . . . . . . . . . . . . . . . . . . . . . . . . . Property tax limited to 1 per cent of true and fair value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public purposes, taxation limited to . . . . . . . . . . . . Real estate, uniformity of taxation of . . . . . . . . . . . Real property, retired persons exemption . . . . . . . . Rolling stock of railroads subject to . . . . . . . . . . . . Special assessments for local improvements. . . . . . Standing timber, actual use . . . . . . . . . . . . . . . . . . . State purposes Payable into treasury in money only . . . . . . . Taxes for, no commutation of county’s proportionate share . . . . . . . . . . . . . . . . . . . Surrender of state’s power to tax corporate property prohibited (Stricken by Amendment 14). . . . Taxable property, defined . . . . . . . . . . . . . . . . . . . . Taxing district, defined . . . . . . . . . . . . . . . . . . . . . . Timberlands, actual use . . . . . . . . . . . . . . . . . . . . . . Towns, power to assess and collect local taxes . . . . Uniformity required. . . . . . . . . . . . . . . . . . . . . . . . . Yield tax authorized for mines and reforested land (See Revenue and taxation) Supreme court clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 22 Technical schools Included in public school system . . . . . . . . . . . . . . Supreme court reporter . . . . . . . . . . . . . . . . . . . . . . . . . 4 18 Supreme court Assignment of superior court judges by . . . . . . . . . Chief justice, how determined . . . . . . . . . . . . . . . . . Clerk to be appointed . . . . . . . . . . . . . . . . . . . . . . . . Court of appeals, rules governing . . . . . . . . . . . . . . Court of record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decisions to be in writing and state grounds . . . . . . Departments of court may be provided . . . . . . . . . . Election of judges . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility to office . . . . . . . . . . . . . . . . . . . . . . . . . . Judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court to consist of five . . . . . . . . . . . . . . . . . . Number may be increased. . . . . . . . . . . . . . . . Retirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . Salary (See Salaries) Term of office . . . . . . . . . . . . . . . . . . . . . . . . . Judicial power vested in. . . . . . . . . . . . . . . . . . . . . . Jurisdiction, original and appellate . . . . . . . . . . . . . Open except on nonjudicial days . . . . . . . . . . . . . . . Opinions to be published . . . . . . . . . . . . . . . . . . . . . Power to censure, remove, etc., judges and justices Power to issue writs . . . . . . . . . . . . . . . . . . . . . . . . . Quorum, majority of judges to form and pronounce decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report of defects in laws to be made to governor . . Reporter to be appointed . . . . . . . . . . . . . . . . . . . . . Retirement of judges . . . . . . . . . . . . . . . . . . . . . . . . Review of superior court actions . . . . . . . . . . . . . . . Seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sessions to be held where . . . . . . . . . . . . . . . . . . . . Temporary judicial duties in . . . . . . . . . . . . . . . . . . Territorial supreme court, when jurisdiction over causes passes to state court . . . . . . . . . . . . . . . Vacancies, how filled . . . . . . . . . . . . . . . . . . . . . . . . (See Judges of supreme court) Supreme law Constitution of United States is . . . . . . . . . . . . . . . . 4 4 4 4 4 4 4 1 3 1 4 2 21 31 4 2 Surgery Practice of, to be regulated by law. . . . . . . . . . . . . . 20 2 Swamp and overflowed lands Disclaimer by state of title to patented . . . . . . . . . . 17 Telegraph and telephone companies Common carriers . . . . . . . . . . . . . . . . . . . . . . . . . . . Construction of lines authorized . . . . . . . . . . . . . . . Delay and discrimination in handling messages prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eminent domain, right extended to . . . . . . . . . . . . . Railroads to grant like facilities to all companies . . Rights-of-way, railroads must allow use for construction of lines . . . . . . . . . . . . . . . . . . . . . . . 7 11 11 7 7 26 7 7 7 26 7 7 12 12 12 8 1 2 1 10 1 2 11 3 2 7 26 7 40 1 2 1 4 4 7 7 7 7 7 11 4 6 5 1 5 5 1 12 7 1 7 11 26 7 7 7 9 12 2 11 1 1,2 7 7 7 7 12 7 7 2 1 1 10 17 9 11 7 6 11 9 7 7 7 7 11 7 7 4 1 2 11 12 1,9 1 9 2 12 12 19 19 12 12 12 19 19 19 12 19 11 7 11 8 2 Taxation Au valorem tax on mines and reforested lands . . . . Agricultural lands, actual use. . . . . . . . . . . . . . . . . . Assessment or collection by special laws prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Vol. 1 RCW—page 136] 7 7 1 11 2 28(5) Tenure of office County officers ineligible for more than two terms in succession (Repealed by Amendment 22) . Extension of term not to be granted to county and local officers . . . . . . . . . . . . . . . . . . . . . . . . . . (2010 Ed.) Index to State Constitution In office at adoption of Constitution, how long to hold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State treasurer ineligible for succeeding term (Amended by Amendment 31) . . . . . . . . . . . . (See Recall of officers; Term of office) Term of office Attorney general. . . . . . . . . . . . . . . . . . . . . . . . . . . . Auditor of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commencement of term. . . . . . . . . . . . . . . . . . . . . . Of first officers elected under Constitution . . Commissioner of public lands . . . . . . . . . . . . . . . . . Compensation increase during term. . . . . . . . . . . . . County, district, precinct and township officers . . . Governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judges of supreme court. . . . . . . . . . . . . . . . . . . . . . Of superior court . . . . . . . . . . . . . . . . . . . . . . . Lieutenant governor . . . . . . . . . . . . . . . . . . . . . . . . . Officers not provided for in Constitution, legislature to fix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secretary of state . . . . . . . . . . . . . . . . . . . . . . . . . . . Senators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superintendent of public instruction . . . . . . . . . . . . Treasurer of state . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Recall of officers; Tenure of office) Territory Accrued debts, fines, etc., inure to state . . . . . . . . . Bonds and recognizances given to, pass to state . . . Courts of, continue until when. . . . . . . . . . . . . . . . . Causes transferred to state courts . . . . . . . . . . Debts of, assumed by state. . . . . . . . . . . . . . . . . . . . Existing counties to be subdivisions of state . . . . . . Existing rights, suits, etc., change in form of government not to affect . . . . . . . . . . . . . . . . . . . . Laws to remain in force, conditions. . . . . . . . . . . . . Except those granting tide lands . . . . . . . . . . . Liabilities, assumption of, by state . . . . . . . . . . . . . Officers to hold until superseded by state officers. . Process to be valid . . . . . . . . . . . . . . . . . . . . . . . . . . Property of, to vest in state . . . . . . . . . . . . . . . . . . . Testimony Accused not required to testify against himself . . . . Except in case of bribery or corrupt solicitation . . . Right of accused to testify . . . . . . . . . . . . . . . . . . . . Treason, what necessary for conviction . . . . . . . . . . Weight of, not affected by religious belief. . . . . . . . (See Evidence) Tide lands Ownership by state asserted. . . . . . . . . . . . . . . . . . . Streets may be extended over, by municipal corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title to lands patented disclaimed by state . . . . . . . Vested rights may be asserted in courts . . . . . . . . . . Tide waters Control and regulation within harbor areas . . . . . . . Timber Sale from state lands authorized, how . . . . . . . . . . . Sale, proceeds to common school construction fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taxation based on actual use . . . . . . . . . . . . . . . . . . Timberlands Reforestation lands, yield tax. . . . . . . . . . . . . . . . . . Sale of, when valid. . . . . . . . . . . . . . . . . . . . . . . . . . Taxation based on actual use . . . . . . . . . . . . . . . . . . Title 27 14 3 25 3 3 3 27 3 30 11 3 4 4 3 3 3 4 16 3 1 5 2 3 5 3 27 2 3 2 3 3 11 4,5 3 6 3 3 27 27 27 27 26 11 3 4 8 5,8 3 1 27 27 27 26 27 27 27 1 2 2 3 6 1 4 1 2 1 1 1 9 30 22 27 11 17 1 15 17 17 3 2 1 15 (2010 Ed.) 17 17 1 2 26 1 4 4 4 6 2 28(8) Toll Appellate jurisdiction of supreme court . . . . . . . . . Original jurisdiction of superior court. . . . . . . . . . . Towns and villages Amendment of charter by special act prohibited. . . Bonds, nonrecourse revenue for industrial development projects . . . . . . . . . . . . . . . . . . . . . . . . . Corporate stock or bonds not to be owned by . . . . . Credit not to be loaned, except . . . . . . . . . . . . . . . . Indebtedness, limitations on . . . . . . . . . . . . . . . . . . Moneys to be deposited with treasurer . . . . . . . . . . Use of, by official, a felony . . . . . . . . . . . . . . Officers Salaries of, change during term (Partially repealed by Amendment 54) . . . . . . . . . (Amendment 54). . . . . . . . . . . . . . . . . . . . . . . Term not to be extended . . . . . . . . . . . . . . . . . Organization under general laws required. . . . . . . . Police and sanitary regulations may be enforced . . Taxation Local, legislature not to impose . . . . . . . . . . . Power of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special assessments for local improvements authorized . . . . . . . . . . . . . . . . . . . . . . . (See Municipal corporations; Municipal courts; Municipal fines) Townships County may adopt township form of organization by majority vote . . . . . . . . . . . . . . . . . . . . . . . Local affairs to be managed under general laws . . . Officers, election, duties, terms, compensation to be prescribed by legislature. . . . . . . . . . . . . . . . . Police and sanitary regulations, power to enforce. . Term of office not to be extended . . . . . . . . . . . . . . Vacancies in office, how filled . . . . . . . . . . . . . . . . (See Towns and villages) Trains Jurisdiction of public offense committed on . . . . . . Transportation companies Commission to regulate may be established . . . . . . Common carriers, subject to legislative control . . . Discrimination in charges prohibited . . . . . . . . . . . Excursion and commutation tickets may be issued. Legislature may regulate rates. . . . . . . . . . . . . . . . . Passes not to be granted public officers . . . . . . . . . Pooling earnings prohibited (Repealed by Amendment 67) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Railroad companies) 32 8 8 8 11 11 1 7 7 6 15 14 11 30 11 11 11 8 1 8 10 11 11 11 12 12 7 9 11 11 4 4 11 11 11 11 5 11 8 6 1 22 12 12 12 12 12 12 18 13 15 15 18 20 12 14 1 1 27 27 3 3 19 1 3 3 3 25 24 24 3 3 10 3 1-3 16 3 9 7 3 11 7 16 7 1 3 11 2 2 Assertion by state in tide lands . . . . . . . . . . . . . . . . Disclaimer by state to patented lands . . . . . . . . . . . Tolerance Secured in matters of religious sentiment . . . . . . . . Time Petition for initiative measures, time for filing . . . . Referendum petition, time for filing . . . . . . . . . . . . Index 1(a) 1(d) Treason Acts constituting . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence necessary for conviction . . . . . . . . . . . . . Treasurer Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Election of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ineligibility for succeeding term (Amended by Amendment 31) . . . . . . . . . . . . . . . . . . . . . . . Records to be kept at seat of government . . . . . . . . Residence must be at seat of government . . . . . . . . Salary (See Salaries) Succession to governorship . . . . . . . . . . . . . . . . . . . Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Treasury [Vol. 1 RCW—page 137] Index Constitution of the State of Washington Moneys collected by municipal officers to be paid into . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Paid out of state, when and how . . . . . . . . . . . . . . . State taxes to be paid into . . . . . . . . . . . . . . . . . . . . Trial by jury Criminal action, right of accused in . . . . . . . . . . . . . Number of jurors in courts not of record . . . . . . . . . Right of, remains inviolate. . . . . . . . . . . . . . . . . . . . Waiver in civil cases . . . . . . . . . . . . . . . . . . . . Verdict by less than twelve may be authorized in civil cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trustees Appointment for state institutions . . . . . . . . . . . . . . 11 8 7 15 4 6 1 1 1 1 12 12 22 22 Twice in jeopardy Not to be subjected to for same offense. . . . . . . . . . 1 9 United States Compact of state with . . . . . . . . . . . . . . . . . . . . . . . Consent of, necessary for disposing of certain lands Constitution is supreme law of land. . . . . . . . . . . . . Exclusive jurisdiction over certain lands . . . . . . . . . Officers for territory hold until superseded by state Office under, acceptance vacates seat in legislature President, qualifications to vote for . . . . . . . . . . . . . Taxation of agencies and property permitted, when Taxation of lands of, not to be imposed . . . . . . . . . . Title to unappropriated lands remains in . . . . . . . . . (See Congress; Federal officers; Forts; Dockyards, etc; Indian lands) Vacancies in office Township, precinct and road district filled by county commissioners. . . . . . . . . . . . . . . . . . . Continuity of government in periods of emergency due to enemy attack . . . . . . . . . . . . . . . . . . . . County partisan elective offices. . . . . . . . . . . . . . . . Governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judges of supreme and superior courts . . . . . . . . . . Legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Partisan county elective office . . . . . . . . . . . . . . . . . State, filled by governor until next election. . . . . . . 6 27 2 6 6 6 6 6 15 27 6 3 1A 7 6 4 2 29 6 4 6 6 4 1 2 6 6 1(d) 1 5 6 3 2 1(d) 2 1(a) 2 6 6 6 1(a) 1A 5 1 1 6 6 33,34 7 1 Voter’s pamphlet Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1(e) Waiver Of jury trial for ascertaining compensation for eminent domain . . . . . . . . . . . . . . . . . . . . . . . . . . 1 16 21 1 8 10 8 15 6 1 Vote By ballot on all elections . . . . . . . . . . . . . . . . . . . . . First election to be under territorial law . . . . . . . . . Legislative elections to be viva voce. . . . . . . . . . . . Legislature to provide method. . . . . . . . . . . . . . . . . Persons not entitled to . . . . . . . . . . . . . . . . . . . . . . . President, for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration a prerequisite, when . . . . . . . . . . . . . . School elections, women may be given right (Stricken by Amendment 5) . . . . . . . . . . . . . . Superior court judge, for . . . . . . . . . . . . . . . . . . . . . Temporary residence of certain persons not to affect right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See Elections; Electors; Initiative and referendum; Voter) 1 Trusts Forfeiture of property and franchise may be declared for . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibited under penalty . . . . . . . . . . . . . . . . . . . . . Uniformity In system of county government to be provided for In taxation, required . . . . . . . . . . . . . . . . . . . . . . . . . 1 21 13 20 22 21 21 21 1 Vital statistics Bureau of, to be created. . . . . . . . . . . . . . . . . . . . . . 11 7 4 1,9 26 16 1 25 27 2 6 7 26 26 1-4 1 2 1 6 14 1A 3 2 2 11 6 2 2 3 4 2 2 3 42 15 10 3,5 15 15 13 Voter Absence for certain reasons not to affect rights as . Age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Basis for ascertaining number of voters required on referendum petition . . . . . . . . . . . . . . . . . . . . Citizenship qualification . . . . . . . . . . . . . . . . . . . . . Exempt from military duty on election day, except Females as qualified (Amendment 5) Incompetent persons, disqualification . . . . . . . . . . . Majority vote required for approval of measures submitted to popular vote . . . . . . . . . . . . . . . . Percentage of voters required on referendum petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Percentage of voters required to propose initiative measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presidential elections, qualifications Privilege from arrest at election, except . . . . . . . . . Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recall of public officer, percentage of voters required for . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Residence qualification . . . . . . . . . . . . . . . . . . . . . . (See Elective franchise; Electors; Initiative and referendum) Validating acts Relating to deeds, etc., by special laws, prohibited . 2 28(9) Validity of statute Appellate jurisdiction of supreme court. . . . . . . . . . 4 4 Water and water rights Appropriation for irrigation, etc., declared a public use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loaning of credit for water, energy, or stormwater or sewer services conservation . . . . . . . . . . . . Municipal corporations, indebtedness for, limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on sale by state . . . . . . . . . . . . . . . . . . Ways of necessity Taking of private property for . . . . . . . . . . . . . . . . . (See Eminent domain) 1 16 Wharves Harbor areas to be leased for, limitations . . . . . . . . (See Area reserved; Harbors; Navigable waters) 15 2 Validation by special law prohibited . . . . . . . . . . . . 2 28(9) Witness Accused as having right to confront . . . . . . . . . . . . Crimination of self in bribery cases compulsory. . . Not compelled to testify against himself . . . . . . . . . Number necessary for conviction in treason . . . . . . 1 2 1 1 22 30 9 27 Verdict Number of jurors may be less than twelve in civil cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 21 Vested rights In tide lands, protected . . . . . . . . . . . . . . . . . . . . . . . 17 1 Governor’s power of . . . . . . . . . . . . . . . . . . . . . . . . Measures initiated by or referred to the people Passage over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 3 12 1(d) 12 Victims of crimes Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 35 Veto Village (See Towns and villages) [Vol. 1 RCW—page 138] Wills (2010 Ed.) Index to State Constitution Religious belief not ground of incompetency . . . . . (See Testimony) 1 11 Woman suffrage Adoption of (Amendment 5). . . . . . . . . . . . . . . . . . Denial in school elections may be provided against (Stricken by Amendment 5) . . . . . . . . . . . . . . Separate article submitted (rejected) . . . . . . . . . . . . 6 27 2 17 Women Equal rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Worship Freedom guaranteed. . . . . . . . . . . . . . . . . . . . . . . . . 1 11 4 4 4 6 4 6 2 2 2 36 21 22 2 Index 31 Writs Issuance and service on nonjudicial days . . . . . . . . Issuance by supreme court . . . . . . . . . . . . . . . . . . . . Issuance by superior court . . . . . . . . . . . . . . . . . . . . (See Habeas corpus) Yeas and nays Allowing introduction of bills within ten days of adjournment . . . . . . . . . . . . . . . . . . . . . . . . . . Entered on journal upon demand of members . . . . . Taken on final passage of bills. . . . . . . . . . . . . . . . . On passage of emergency clauses (Stricken by Amendment 7) . . . . . . . . . . . . . . . . . . . . (See Ayes and noes) (2010 Ed.) 1,2 [Vol. 1—page 139]

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