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EDUCATION - Position
PORT DISTRICTS - Position
REPRESENTATIVE GOVERNMENT - Position
STATE TAX POLICY - Position
WASHINGTON STATE AND INDIAN TREATY RIGHTS - Position

- EDUCATION -

POSITION IN BRIEF: Action to support in principle the Basic Education Act (1977) and the Levy Lid Act. Action to obtain a balanced tax structure and to maintain uniform assessment practices to ensure equitable and sufficient financing. Action to support adequate and stable state funding of common schools in Washington including the costs of in-service training. Action to increase visibility, accessibility and accountability of the office of the Superintendent of Public Instruction and the State Board of Education. Action to support closer links between schools and social services, so that every child is ready to learn. Action to support greater involvement of parents, an increased role in decision making for teachers, and more flexible state education requirements. Action to provide access to public higher education to all, at whatever point in life it can be beneficial.

BACKGROUND: The League's long-standing interest in education began in the 1930s when League worked for a non-partisan Superintendent of Public Instruction.

In the 1940s League worked for adequate funds for schools. School funding was a part of the "Fiscal Issues" study (1968) and the resulting position has been the basis for action. Delegates to the 1974 State Council adopted an emergency study of schools. On the basis of materials prepared by the Spokane Area League, LWVWA published The Common Schools of Washington. Consensus following the resulting study further expanded our position. The 1975 Convention adopted a two-year study, "Financing the Common Schools: Where Does the Money Come From and Where Does the Money Go?" In addition to our studies, League joined a statewide coalition to enhance our school funding lobbying efforts. Member education continued with the study: "Schools: Impact of Full State Funding" (1982).

The end of 1983 saw new alliances for the League. League worked with the Washington Roundtable Education Task Force and joined a statewide coalition on educational reform. As a member of the Citizens Education Center Northwest, the League co-sponsored "The Education Campaign."

In 1989 League voted to update the educational position through an analysis of "Programs that Work." This study resulted in additional positions in 1991, improving the League's ability to take effective action in the state legislature. At the 1995 state LWV convention, delegates adopted a study of "Public Higher Education in Washington State." League members reached consensus and adopted a new position titled "Higher Education." Delegates at the 1997 state convention decided to continue the study and adopted "Public Higher Education in Washington State: Part II." When an important new source of information became available to League members and the public, the co-chairs of the LWVWA Public Education Study, Part II, recommended no study report be published. Governor Locke had appointed a special commission on post-secondary education, the charge of which closely resembled the scope of the League's adopted study. Rather than publish a separate report, the LWVWA chose to monitor and report to its members on the work of the Governor's Commission.

This 2020 Commission began meeting in March 1998 and League attendance at the Commission meetings began in May.
The Commission reached consensus on a package of recommendations in four topical categories:

Expand Opportunity
Enhance Quality
Increase Innovation and Productivity
Funding and Governance

THE LEAGUE'S POSITIONS ON EDUCATION:

K-12 Public Education

The League of Women Voters of Washington believes that:

The state has the responsibility to determine uniform education standards, and the means to evaluate performance, and to provide ample and equal opportunity for education in the common schools. (1968, 1977, 1991)
The state has the responsibility for amply funding both education, through the BEA, and those social services needed to ensure that every child regardless of race, color, gender, national origin, age, sexual orientation, or disability is ready to learn and safe in his or her educational environment. Closer links between schools and social services should be forged. (1991, 1997)
All programs mandated by the legislature should be fully funded by the state. (1975)
Maintenance and operation costs of local school districts should be fully funded by the state. The state should also contribute to the costs of in-service training. (1977, 1991)
A simple majority is sufficient for passage of a special levy. Voter approval should be required only in the case of special levies required to support special programs. (1977)
The position of Superintendent of Public Instruction should be an administrative position and the State Board of Education should be a policy-making body. (1975)
School facilities should be used to the fullest extent, including such activities as day-care programs. (1975, 1991)
Citizen participation should be encouraged at all levels. (1975)
The state should work toward facilitating more parent involvement in education. Teachers should have an increased role in decision making. (1991)
State education requirements need to be flexible. (1991)

Higher Education (1996)

The League of Women Voters of Washington believes that:

The purpose of higher education is to gain knowledge and skills that lead to enhancement of life, work and citizenship. Higher education should be available to all, at whatever point in life it can be beneficial.
Public post-secondary education for qualified students must be a high state budget priority. Costs should be shared by several entities - state, federal, business, industry, and students and families - with the state bearing major responsibility.
To provide greater access to higher education and absorb anticipated enrollment increases, we support:
- Modifying I-601 to raise spending limits to be more responsible to demographic needs
- Increasing student financial aid
- Enhancing distance learning opportunities through more and better utilization of technology and establishing more branch campuses and/or off-site classes.
- Improving coordination and cooperation among all institutions in the present higher education system Better utilization of existing facilities and equipment
Higher education continues to play a necessary and important role in training and retraining the work force. While business and industry should participate in this effort, the higher education system must maintain control of curriculum development. Business and industry should work closely with the higher education system to communicate needs and to provide practicum, work study and apprenticeship opportunities.

- PORT DISTRICTS -

POSITION IN BRIEF: Action to encourage cooperation among port districts, but with local options for voter control over major policy and expenditure decisions.

BACKGROUND: The Puget Sound LWV adopted a position statement on Puget Sound ports in 1973. The State LWV, however, did not have a unified state position until the adoption of the first part of our current position in 1989. The study was initiated because of the recent rapid expansion of shipping through Washington ports.

Traditionally ports have not received much public scrutiny. Though the responsibility for accountability lies with the public as well as the ports, there has been a feeling that port districts could make more active efforts to involve the public and reach out with information aimed at the public.

The position adopted in 1989 was expanded in 1993 following the 1991 convention decision to further study Washington's ports, focusing on issues of governance.

THE LEAGUE'S POSITION ON PORT DISTRICTS:

The League of Women Voters of Washington believes that:

The powers of and limitations on Washington's public port districts should be clearly defined and appropriate to their functions. Mechanisms for accountability must exist and responsibility for oversight must lie with the public. Local options should be made available to voters for greater control over major policy and expenditure decisions of local port districts. State enabling legislation may be required to create these mechanisms, and they should be flexible in order to reflect the particular needs and characteristics of different ports and their communities.
For purposes of marketing and advertising, we support a unified strategy. Local autonomy should be maintained in the areas of operations and administration. In all areas cooperation should be encouraged. (1989, 1993)

- REPRESENTATIVE GOVERNMENT -

POSITION IN BRIEF: Action to facilitate changes in the state constitution to achieve a representative and effective state legislature. Action to promote an informed electorate. Action to limit methods of financing political campaigns in order to ensure the public's right to know, combat undue influence, enable candidates to compete more equitably for public office and promote citizen participation in the election process. Action to support access for citizens to initiate or modify legislation through the initiative and referendum process. Action to protect the interests of all affected parties in considering the formation of new counties. Action to clarify in legislation the processes in county formation and to require that the entire county have the ability to vote on separation. Action to allow more options for alternative election systems that promote "representative-ness" such as proportional representation, citizen participation and accountability and a primary that is "open" and encourages minor party participation.

BACKGROUND: In the early '50s, League began a study of election procedures. This study focused on districting and reapportionment. At the 1955 convention, delegates recommended that the League write and promote an initiative to accomplish redistricting. After a difficult signature campaign, Initiative 199 was passed by the voters (1956). Though later amended by the state legislature, League accomplished the first redistricting of the state in 27 years The League's study of the role of the "State Constitution" began in 1955. A study and consensus relating to the legislative and executive articles followed this initial two year study. Our study/consensus of the judicial branch is now included in the Administration of Justice position. As part of the study, the "Effectiveness of the Legislative Branch of Washington State Government," the League published two "Facts and Issues" on structure, specific reforms and procedural changes (1971). A position was reached on criteria for an effective legislature.

In 1963 when national interest was focused on civil rights and non-registered voters, League responded by adopting a study of election laws and procedures. The resulting position enabled League to work for an improved voters' pamphlet, simplified procedures for registration and voting as well as shorter residency requirements. The League has long supported the "motor voter" concept, which makes it easy to register to vote at the time of car license renewal. This concept became Washington state law in 1990.

League has been actively involved in the establishment of the Public Disclosure Commission. League members have served on the Commission and League has joined the Coalition for Open Government to continue "watch-dogging" this legislation. As a result of a study adopted at the 1983 convention, the League published the study material Campaign Financing. The League supported Initiative 88, a campaign finance reform measure, and participated in the signature campaign, which was unsuccessful.

The Regional Governmental Structures position is based on a Puget Sound League position, adopted by concurrence in 1981.

League was actively involved in the signature drive for Initiative 99, calling for a presidential primary, in 1988. After the required number of signatures was received, LWVWA worked for legislative approval during the 1989 session. After passage in March of 1989, the first presidential primary in Washington was held in 1992.

In 1991-92, the League led a coalition of good government groups and others in developing a campaign reform measure, Initiative 582. Unfortunately the signature campaign again fell short.

After several years of League lobbying, in 1993 the state legislature approved legislation to allow registration up to 15 days before an election instead of 30 days and to allow voter registration by mail.

In 1997 delegates to state convention concurred with the position adopted by the LWV of Snohomish County after consensus was reached on their 1996 study on the formation of new counties in Washington. This position will enable League to push for legislation to clarify the process for forming new counties and to ensure protecting the interests of all affected parties.

Senate Bill 5640 which passed the legislature in the 1999 regular session finds that:

The current statute relating to the timing of the primary election may not allow adequate time for absentee voters, especially military personnel living overseas, to review the candidates and issues appearing on the general election ballot before casting their votes.
The proliferation of permanent absentee voters presents increasing difficulties for county auditors to canvass ballots in a timely way, which in turn may adversely affect the general election campaign of a candidate involved in a close primary race.
A delay in counting votes and processing ballots negatively impacts the public's right to timely election results and thus harms our electoral process. A Secretary of State task force to study and make recommendations regarding the date for primary elections was established by SB5640. League was represented on the task force. The mission of the task force included, but was not limited to, a review of the issues relating to the timing of the primary elections, the canvassing of ballots, and the certification of election results. The resultant proposal made to the Legislature included several recommendations such as setting the primary date on the 2nd Tuesday of June and eliminating the 30-day post session freeze on contributions to elected officials. The Legislature did not pass the proposal.

The LWVWA adopted a two-year study, "An Evaluation of Major Election Methods and Selected State Election Laws," at the 1999 state convention in Spokane, WA. This study, completed in 2000, described a number of election systems in use throughout the world which could serve as alternatives to the system commonly used in the United States. Election methods dealing with both multi-member and single-member races were described. The study provided a list of criteria by which election methods could be evaluated, and these criteria were ranked by League members, with representative-ness, citizen participation and accountability receiving top ranking. The term "representative-ness" was coined to signify the degree to which a legislative body (mirrors the political preferences of the voters, including ethnic, racial or philosophic minorities) reflects the demographic make-up of the state and also to signify protection of the right to representation for ethnic, racial, philosophic and other minorities. After reading and discussing the study, League members concluded that the State should enable jurisdictions in Washington to experiment with a variety of election methods.

In 2000, the United States Supreme Court ruled that California's blanket primary denied political parties' right to freedom of association. League members recognized that Washington's blanket primary would be affected by that ruling. They discussed whether changes to Washington's blanket primary should take the form of modifying it or eliminating it. Member preferences were evenly split between the two approaches. However, there was agreement on selected elements of a primary in the event that a primary is retained.

Recognizing the complexities of the topic of election methods, delegates at the 2001 LWVWA convention adopted a one-year continuation of the Election Methods study focusing on the three alternative election methods currently receiving considerable public attention:

Instant Runoff Voting (IRV) for single winner offices (produces a majority vote winner.)
Choice Voting (Single Transferable Voting) for representative bodies used to achieve proportional representation.
Cumulative Voting (achieve semi-proportional representation)

An explanatory program was developed which utilized visual aids and mock voting using current voting methods as well as the three major alternative systems. This program was a great help in better understanding the relationship between the election method used and election results. Members are enthusiastic about sharing this program with the public and in seeing alternative election methods adopted at the state and local level.

THE LEAGUE'S POSITIONS ON REPRESENTATIVE GOVERNMENT:

Campaign Financing (1985)

The League of Women Voters of Washington believes that:

The enforcement powers of the Public Disclosure Commission should be strengthened. This includes the ability to assess higher fines. The funding level of the PDC should provide for sufficient staff to audit all appropriate reports including those of lobbyists. Public education should be a funded function of the PDC.
Campaign contributions should be limited. These limits should apply to both instate and out-of-state contributions. The PDC should implement laws pertaining to these limitations.
The length of political campaigns should be shortened.
Related position: See the fourth item under Election Laws and Procedures, below.

Election Laws and Procedures (1964-67)

The League of Women Voters of Washington believes that:

The Voters Pamphlet performs a valuable service in promoting an informed electorate and should be continued at state expense. The intent and effect of each ballot issue should be clearly set forth in language readily understandable by the voter. A clear distinction should exist between explanation and argument and the term "official" should apply only to the former. Obvious untruths and emotionalism should be eliminated.
Voting procedures should serve the voter with a maximum of convenience, simplicity and efficiency while insuring that the requirements of secrecy, accuracy and impartiality are maintained.
Permanent, personal registration should be continued. Lists of voters should be accurate and current. Registration should be simple and convenient for voters while ensuring accuracy. Provision should be made for absentee registration when registration is otherwise impossible.
Regular and full disclosure of campaign finances for both ballot issues and candidates is necessary before primary and general elections.
Political parties should play an important role in election campaigns by recruiting, helping to finance and campaigning for qualified candidates.
Validation of excess levy elections should not be based on a percentage of voter turnout in a previous election. This permits those who do not exercise their franchise to vote to determine the outcome of an election. In order to authorize an excess levy it should not be required that 3/5 of those voting on the proposition must vote in favor. Although there may be justification for requiring an extraordinary majority for voter approval when long-range or fundamental changes are involved, there is no justification when excess levy elections are necessary for maintenance of current services.

Election Methods (2000, 2002)

The League of Women Voters of Washington:

Supports state election laws allowing for more options for alternative election systems in governmental jurisdictions at both the state and local levels.
Believes that consideration should be given, when evaluating election systems, to how well they promote "representative-ness", citizen participation and accountability.
In the event that the primary continues as a part of Washington's election system, (LWVWA) supports a primary that has the following elements: is an "open" system not requiring advance party registration, keeps voters' party preferences from becoming a matter of public record and encourages minor party participation.
Supports a presidential primary only if the results play a decisive part in selecting party nominees.
Supports adoption of election methods that produce proportional representation when electing representative government bodies such as councils, legislatures and Congress.
Supports the concept of a majority vote requirement for winners of single offices such as mayor or governor, as long as it is achieved using a voting method such as the Instant Runoff Vote, rather than a second, separate runoff election.

Formation of New Counties (1997)

The League of Women Voters of Washington believes that:

Education is a required component of protecting the interests of all affected parties in considering the formation of new counties. Educational methods should include public hearings, forums, speaker's bureau involvement, use of voter's pamphlet. The media should be encouraged to inform the public on the fiscal impact of new counties on services and taxes, and to use educational material including a background of the law, constitutional and statutory, relative to the formation of counties.
General Law should be enacted by the legislature to clarify the processes in county formation. Clarifying legislation should address the following topics: the definition of a petition; the definition of a voter; identification of the fiscal rights and responsibilities of the parent and seceding county/counties; requirement that the entire county have the ability to vote on separation.

Initiative and Referendum (1995, 2003)

The League of Women Voters of Washington believes that:

Initiative and referendum processes in Washington, which provide access for citizens to initiate or modify legislation.

Use of the emergency clause to prohibit referendum only when strong criteria have been met.

Raising the filing fee for initiatives and referenda to a minimum of $100.

Changes that would:

Provide information to citizens, including, but not limited to, sponsors and major financial supporters of the measure through the Voters' Pamphlet and other outlets;
Place restrictions on paid signature gathering;
Require clear and accurate ballot titles, summaries and a clear statement of intent;
Require initiative sponsors to suggest ways in which revenue losses or budget increases might be covered, either through program cuts or increases in revenue sources;
Provide information on projected financial impacts on revenue and budgets to be published in the Voters' Pamphlet;
Provide an advisory opinion as to the constitutionality of an initiative after it has been certified to the ballot;
Encourage use of the indirect initiative process; that is, initiatives to the legislature.

Redistricting and Reapportionment (1955, 1958, 1959, 1975)

The League of Women Voters of Washington believes that:

Both houses of the state legislature should be apportioned substantially on population. Districts should be convenient, contiguous and specific standards for fair representation should be assured.
The responsibility for redistricting and reapportioning should rest with an agency independent of the legislature. The alternate agency should not be a court, but a judge may be a member. Definite provisions should be made for compensation and staff services of the alternate agency. Power of initiative and referendum should be reserved to the people.
Machinery should be provided to affect automatic, compulsory, periodic redistricting and reapportioning. Measures to enact this machinery should include authority, enforcement powers, time schedule and funding. The specific measure may take the form of a constitutional amendment, legislation, initiative and/or referendum.
Specific provisions should be made for court review of redistricting and reapportioning measures and for courts to require the alternate agency to act.
The state should be redistricted and reapportioned every ten years as soon as possible after taking the census. Definite time limits should be set for an agency to act after decennial federal census figures are available. Time limits should be set for initiating court action for review of constitutionality of measures.

Regional Governmental Structures (1981)

The League of Women Voters of Washington believes that:

Any regional governmental structure must have a legally assured base of revenue and appropriate enforcement powers.
Policy planning, coordination and data collection should be regional in scope.
Open governmental processes and improved media coverage are essential to develop citizen understanding and participation in regional issues.

State Constitution (1966-67)

The League of Women Voters of Washington believes that:

A constitution should be brief, concise, flexible, clear and free of obsolete provisions. It should be an expression of fundamental law and should be free of statutory law.
The process for amending the constitution should require more than a simple majority but not the 2/3 legislative majority presently required. A process should exist to provide for partial revision by article, section and/or subject ("gateway amendment").

Washington State Legislature (1973-75)

The League of Women Voters of Washington believes that:

The length and operation of the state legislature should encourage the participation of "citizen" legislators. The legislature should have the power to convene itself.
An effective state legislature should be efficient and operate with a minimum of conflict, wasted time and duplication of effort.
To ensure accountability, procedures should be open and understandable. Legislators must have access to objective information and should be responsive to the views of all the citizens of Washington State.
The responsibility for setting legislative salaries should lie with an independent commission. The compensation for legislators should be adequate and encourage the participation of "citizen" legislators.

- STATE TAX POLICY -

POSITION IN BRIEF: Action to obtain a balanced tax structure that is fair, adequate, flexible and has a sound economic effect.

BACKGROUND: League records indicate that state taxes have been on the agenda since 1953.

During the '50s the legislature increased the sales tax, business and occupation tax and cigarette tax creating a renewed interest in the tax structure. A study based on the League's publication, The Tax Primer (1957), produced a position favoring an income tax and repeal of the sales tax on food (1959). We have continued to update and expand our positions with studies of property taxes, assessments, state expenditures, state and local fiscal relations, exemptions and in 1980-1981 a review of state tax policies. The delegates to the 1981 convention voted to delete the 1959 position statement relating to the state's fiscal management processes since LWV's recommendations have been implemented. Study of and action on the state tax positions has been continuous.

In 1981-1983 state revenue collections were below projections. This led to the re-imposition of a tax on food and an increase in most tax rates and fees. League joined with other concerned citizens in pointing out that the crisis emphasized flaws in the tax system. Per capita income rose but business and personal spending, which are the basis for excise taxes, declined. The League believed that the state's unduly heavy reliance on excise taxes is not appropriate and would be improved by the addition of a tax on personal and corporate income.

Recommendations made by the Governor's Tax Advisory Council were not acted upon and a proposal for a constitutionally limited income tax was not reported out of committee.

Nearly every year since then, proposals for some kind of tax based on ability to pay have been introduced into the legislature. Many of its members and the Governor campaigned on tax-reform platforms. Yet, by 1987, the tax structure had received only minor modifications, primarily additional tax exemptions. League's exemption positions are limited to those on the property tax.

The 1985 League convention called for an update of positions that was accomplished through articles in the VOTER.

In 1989 the League cooperated with Governor Gardner's task force to push for tax reform. This effort never got out of the Senate. It was clear that the 1989 political climate made any tax increase unpopular.

In 1991 delegates to the state LWV convention again called for an update. In 1992 The Basic Tax System in Washington was published in the Spring VOTER.

In 1993, LWV convention delegates resolved to oppose Initiatives 601 and 602, which would severely limit the legislature's ability to impose taxes to support programs. The League has continued to work for its goal of a balanced, adequate, fair, flexible and economically sound tax system by self-education and discussion of tax issues, by monitoring legislation and taking appropriate action, and by participation in People for Fair Taxes.

A one-year study, "A Comparison and Contrast of Tax and Revenue Systems in Washington Counties", was adopted at the 1999 State Convention. This educational report provided detail on the funding of local county governments and was published in partnership with the Institute for Washington's Future.

Delegates at the 2003 LWVWA convention adopted the Washington State Tax Structure Update and Public Education Campaign as it was adopted at LWVWA Convention 2001. Scope: This would be an update of our previous studies (1959, 1965, 1992). The goal of the study is to develop a public educational campaign. Much good material has already been written and simply needs to be updated to include recent changes. The bulk of the work would focus on preparing educational materials for the public. A variety of methods and media would be used to allow local leagues to tailor the campaign to fit their resources and their communities.

Outlook for Work: Two years. The update and campaign planning is to be done as soon as possible and implementation of the campaign over the remaining time period.

THE LEAGUE'S POSITIONS ON STATE TAX POLICY:

Property Tax Administration (1965)

The League of Women Voters of Washington believes that:

Specific figures and details such as assessment levels, mileage limit and classification should be left to legislative determination according to the needs of the time.
Constitutional provisions should be enforced with effective penalties or regulation from the state level.
Equity and uniformity both within and among counties in the administration of the property tax are of major importance. The state should have a primary role in regulation and enforcement to ensure uniform assessment levels and adherence to laws and standards of performance.
Training and quality of personnel, adequate budgets and staff should be a concern at both state and local levels.
The assessor should be a technical administrative officer and should not have tax policy-making powers. Qualifications should be set for the position of assessor. The decision as to whether or not the assessor's position is elected or appointed should be determined by the legislature and not specified in the constitution.
The taxpayer should have a greater role in the taxing process. Information should be understandable and readily available.
More information should be included on or along with the tax statement. True and fair value (100% value) should be listed on the tax rolls and tax statement. Each property owner should receive tax statements.
The appeals procedure should be simple, convenient and responsive to the taxpayer. The taxpayer should be notified of revaluation in ample time to appeal should s/he desire to do so. Appeals boards, courts or boards of equalization should be separate, qualified bodies at county and state levels.

Property Tax Exemptions (1969)

The League of Women Voters of Washington believes that:

Exemptions from property tax should be limited but may be valid when used to further public policy such as encouraging education, cultural or humanitarian causes.
Property tax exemptions should not be used to encourage location of industry or as a reward for public service. Property of private or nonprofit groups used for business activities should not be exempt.
The state should assume the responsibility for revenue lost to local governments because of property tax exemptions granted by the state. Property otherwise exempt should pay for direct public services such as fire and police protection.
When exemptions are used, the state must assure uniform application. Exemption provisions should be carefully and periodically examined. There should be a periodic inspection of exempt property to assure compliance with the law. Exempt property and its valuations should be listed. The list should be made available to the public.
Property on which the tax is unduly difficult or expensive to administer should be taxed in some other way, for example: income tax on intangibles, excise tax on boats and cars.
Ability to pay is an important criterion of the tax structure. As reform of the tax structure is considered, methods other than exemption should be investigated for the purpose of relieving the property tax burden on low-income families.

Tax Structures (1959, 1965)

The League of Women Voters of Washington believes that:

Inequities in the distribution of the tax burden should be removed. Flexibility and recognition of changing times and needs is important in tax policy. Only broad general principles of taxation should be included in the constitution. Income should be part of the tax base preferably through a graduated net income tax. The sales tax should not be levied on food. Business should be taxed on net income rather than gross sales.

-WASHINGTON STATE AND INDIAN TREATY RIGHTS -

POSITION IN BRIEF: Action to enhance salmon resources, establish a procedure for retrocession of jurisdiction and support tribal land use planning of trust lands.

BACKGROUND: Following the Boldt Decision (U.S. vs. Washington) in 1974, it became obvious that many Washingtonians did not understand Indian treaty rights and their impact. In 1979 a study was adopted whose goal was to provide more knowledge of treaty rights and to implement the national Human Resources position ("support of equal rights for all regardless of race or sex"). A "Facts and Issues," Washington State and Indian Treaty Rights, was published in August 1980, and a state position was reached in 1981. Under this position, League has co-sponsored or attended meetings and workshops, joined the coalition for Cooperative Fisheries Management in an attempt to defeat Initiative 456 and supported efforts of the state and the tribes to reach an agreement with Alaska and Canada to save the Northwest salmon. A treaty between the United States and Canada resulted.

The League supported a bill for retrocession of criminal jurisdiction to the Colville Tribe in 1986, and another returning child custody decisions to the tribes in 1987. Both passed.

In 1993 the League supported the successful passage of retrocession of jurisdiction to the Quileute, Chehalis and Swinomish tribes.

In the 1995 legislative session the League supported bills of retrocession for the Muckleshoot and Tulalip tribes, and both passed.

Fifteen Western Washington Indian tribes finally secured their right to harvest half of the naturally occurring shellfish in Puget Sound when the U.S. Supreme Court on April 5, 1999 refused to review an appellate court ruling against the state et al.

Legal maneuvering leading up to the shellfish ruling began in 1989 when the fifteen tribes went to court asserting that the treaties of the 1850s giving the Native Americans the right to fish and hunt in their usual and accustomed places applied to shellfish as well as anadromous fish. In December, 1994 Judge Edward Rafeedie ruled in favor of the tribes except for those beds staked or cultivated by citizens.

In December, 1995 all sides - waterfront owners, commercial growers, the state and the tribes - appealed Judge Rafeedie's ruling to the Ninth Circuit Court of Appeals. Its decision, in January of 1998, extended tribal harvesting rights to half of the natural shellfish production on commercial shellfish beds. Special provisions apply to private beaches and to artificially created oyster beds. State Attorney General Christine Gregoire has declared it in the state's best interest to cooperate with the tribes to preserve and enhance shellfish beds. The League of Women Voters of Washington's study material of 1980 provides background information that remains highly relevant. Among the positions reached is, "It is the state's responsibility to enhance the salmon resource by protecting the fish habitat". The courts' decisions and the attorney general's response compel the state to enhance shellfish beds as well.

THE LEAGUE'S POSITION ON WASHINGTON STATE AND INDIAN TREATY RIGHTS:

The League of Women Voters of Washington believes that:

A special relationship exists between the United States government and Native American tribes. This relationship recognizes the dependent sovereignty of the latter and the constitutional recognition of treaties made between the U.S. and tribal governments.
It is the state's responsibility to enhance the salmon resource by protecting and improving the fish habitat and to establish a procedure for retrocession of jurisdiction to the tribes as authorized by federal civil rights legislation.
Tribal governments have sole jurisdiction of land use planning of trust land on Indian reservations.
State and local governments must cooperate with tribal governments in matters of land use and zoning on fee patent land within reservation boundaries.

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