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Washington State Legislature V. State

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eBook details

  • Title: Washington State Legislature V. State
  • Author : Washington Supreme Court
  • Release Date : January 07, 1999
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 74 KB

Description

We are asked in this case to consider the scope of the Governor's authority to veto appropriation items under art. III, sec. 12 (amend. 62) of the Washington State Constitution in light of our decision in Washington State Legislature v. Lowry, 131 Wn.2d 309, 931 P.2d 885 (1997). We are also asked to determine if a provision in an omnibus appropriations or operating budget bill is substantive law so as to violate art. II, sec. 19 of the Washington Constitution. We hold the Governor's veto of a portion of the Laws of 1997, ch. 454, sec. 204(6) was ineffective because the Governor did not veto the full appropriations item as he must under his constitutional line item veto authority. We also hold the inclusion of provisions in sec. 204(6) pertaining to a child care copayment schedule was improper because such provisions were substantive law in an operating budget bill and void under art. II, sec. 19. We reverse the trial court's Judgement and remand this case to the Thurston County Superior Court for further proceedings consistent with this opinion.


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