SENATE BILL REPORT

SJR 8217

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of March 18, 2009

Brief Description: Changing the notice requirement for amendments submitted to the people.

Sponsors: Senator Prentice; by request of Secretary of State.

Brief History:

Committee Activity: Ways & Means: 3/17/09.

SENATE COMMITTEE ON WAYS & MEANS

Staff: Steve Jones (786-7440)

Background: The State Constitution provides a method for the adoption of amendments to the Constitution. A constitutional amendment is proposed by a two-thirds vote of each house of the Legislature and submitted to the voters of the state at the next general election.

The Constitution requires two methods of publicity for proposed constitutional amendments. The first is a requirement that the Secretary of State send a copy of the proposed amendment, with arguments for and against the proposal, to every residence in the state. The second is a requirement that notice of the proposed amendment be published in every legal newspaper in the state at least four times during the four weeks preceding the election.

By statute, a legal newspaper is any newspaper that publishes news of a general interest in the English language at least weekly and has been approved as a legal newspaper by a superior court.

Summary of Bill: The requirement for publication of notice of proposed amendments to the State Constitution in every legal newspaper in the state is deleted. The Legislature is directed to provide public notice of proposed constitutional amendments in a manner that would provide each voter with an opportunity to study the proposal.

Appropriation: None.

Fiscal Note: Requested on March 14, 2009.

Committee/Commission/Task Force Created: No.

Effective Date: The joint resolution takes effect if approved by the voters at the next general election.

Staff Summary of Public Testimony: PRO: The Secretary of State is proposing unpleasant budget reductions because of the state's fiscal condition. The administration of the state's elections is the subject of very prescriptive statutes, so budget reductions can be achieved only by modifying the statutes. The Secretary of State's Office spends a great deal of money purchasing legal advertising on state ballot measures; these expenditures largely duplicate the information that is already being distributed to the public in the Voters' Pamphlet.

CON: With legal advertising, the amount of money is not significant, but the principle of an educated electorate is significantly larger. Voter access to information is the key issue. More money could be saved by eliminating the mailing of Voters' Pamphlets to every household in the state. Instead, the Voters' Pamphlets should be distributed via newspaper inserts at a significant cost savings. Legal advertising of initiatives and referenda is already limited to the availability of state appropriations, so amending the statute is unnecessary. Radio and television advertising should be retained because it is the most efficient method for reaching the largest number of voters. In purchasing advertising, the state should not discriminate between print advertising and broadcast advertising. Access to internet information is not universal, particularly for the socially disadvantaged, who are less likely to own a computer. Radio advertising is a very effective way to reach Spanish-speaking citizens.

Persons Testifying: PRO: Secretary of State Sam Reed; Katie Blinn, Shane Hamlin, Secretary of State's Office.

CON: Roland Thompson, Allied Daily Newspapers; Mark Allen, State Association of Broadcasters; Bill Will, Washington Newspaper Publishers Association.