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February 06, 2006
Beer Marketing: Washington’s Latest “Emergency”
It's official. Call 911! Washington is in the midst of yet another round of emergencies. After last session's 98 bills adopted with emergency clauses, the legislature is at it again.
An emergency clause serves two purposes: 1) bills adopted take effect immediately, and 2) the people are denied their right of referendum due to the purported emergency addressed by the bill. Its use is supposed to be reserved for acts that are "necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions."
With that in mind, consider some of the new "emergencies" discovered this session:
- SB
6615 - "Limiting social card games."
- SB
6708 - "Providing guidelines for the issuance and renewal of a geoduck
diver license and requiring harvesters to help reseed state commercial beds."
- HB 2419 - Revising state ethics laws to allow the Lt. Governor and staff to fund raise and host the National Conference of Lieutenant Governors meeting that was supposed to be in New Orleans this year.
One of this session's more interesting "emergencies" is SB 6661: "Establishing the Washington beer commission."
According to the bill report: "The commission may create and conduct research, promotional, and educational campaigns. It must investigate and ascertain the needs of producers, conditions of markets, and degree of public awareness of products, and consider this information in discharging its duties. Major objectives of campaigns will be: Establishing Washington beer in markets worldwide; Promoting Washington breweries as tourist attractions; Encouraging favorable worldwide press coverage; Encouraging favorable legislative and regulation in markets worldwide; Encouraging promotion of Washington hops, malting barley, and wheat; and Fostering economic conditions favorable to investment in production of Washington beer."
Section 10 of the bill explains the state's interest: "The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of the Washington state government with regard to the marketing and promotion of Washington produced beer."
Who knew that the need for the state to have an official voice in the marketing of beer could lead to the declaration of an emergency?
Due to a Supreme Court ruling last year that essentially granted the legislature the authority to enact an emergency clause without restriction, two bills were introduced this session intended to control the legislature's use of the emergency clause. HJR 4216 (constitutional amendment) and SB 6318 (statutory) would require a two-thirds vote of the legislature in order to enact an emergency clause on legislation.
Perhaps to no surprise, neither bill received the courtesy of a hearing by the majority party prior to cut-off date. In contrast, the Senate did find time to hear a proposal to repeal the people's right of initiative and referendum (SJR 8201).
Both the Speaker of the House and Senate Majority Leader should use their procedural powers to bring the emergency clause reform bills to the floor for a vote. The people deserve to have a public debate, as well as a roll call of their elected officials, on the emergency clause for consideration in this fall's elections.
Such a bold move by the Speaker and Majority Leader would be something Washingtonians
could drink to, with or without a state beer commission telling them to.
Additional Information
Bills
introduced to reform legislative abuse of emergency clause
Right
of referendum null and void?
2005
legislative session full of 'emergencies'
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