AN ACT Relating to the legislative counsel; amending RCW 4.92.040, 29.79.030, 29.79.040, 29.79.060, 29.79.260, and 29.79.290; and adding new sections to chapter 44.04 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 44.04 RCW to read as follows:

(1) The legislative counsel committee is established as a joint committee of the legislature, consisting of four members of the legislature, one member selected by each of the two largest caucuses in the senate and house of representatives.

(2) The legislative counsel committee shall appoint the legislative counsel, who shall serve at the pleasure of the committee. The legislative counsel shall be selected without regard to political affiliation and shall:

(a) Have skill and experience in legislative matters; and

(b) Have been admitted to the practice of law in this state for at least five years.

NEW SECTION. Sec. 2. A new section is added to chapter 44.04 RCW to read as follows:

The legislative counsel shall:

(1) Represent the legislature, its committees, and members in any legal proceedings involving legislative questions;

(2) Render advisory opinions on any legal question submitted by a committee or member of the legislature;

(3) Advise and counsel members of the legislature on legislative matters;

(4) When requested by a committee or member of the legislature, prepare or assist in the preparation of legislative measures;

(5) When requested by a committee or member of the legislature, perform research, issue reports, and make recommendations on legislative matters;

(6) Provide staff support to the joint administrative rules review committee established under chapter 34.04 RCW; and

(7) Perform such other duties as may be provided by the legislative counsel committee.

NEW SECTION. Sec. 3. A new section is added to chapter 44.04 RCW to read as follows:

The legislative counsel may engage the services of others, including private counsel, by contract or otherwise, to assist the legislative counsel in performing the powers and duties prescribed by section 2 of this act.

NEW SECTION. Sec. 4. A new section is added to chapter 44.04 RCW to read as follows:

(1) The legislative counsel and employees of the legislative counsel shall not advocate, oppose, or attempt to influence legislation.

(2) The legislative counsel shall maintain an attorney-client relationship with the committees and members of the legislature. Services performed or material prepared by the legislative counsel for committees or members of the legislature may be disclosed to others only with the consent of the committee or member.

Sec. 5. Section 4, chapter 95, Laws of 1895 as last amended by section 28, chapter 161, Laws of 1983 and RCW 4.92.040 are each amended to read as follows:

(1) No execution shall issue against the state on any judgment.

(2) Whenever a final judgment against the state shall have been obtained in an action on a claim arising out of tortious conduct, the clerk shall make and furnish to the director of financial management a duly certified copy of said judgment and the same shall be paid out of the tort claims revolving fund.

(3) Whenever a final judgment against the state shall have been obtained in any other action, the clerk of the court shall make and furnish to the director of financial management a duly certified copy of such judgment; the director of financial management shall thereupon audit the amount of damages and costs therein awarded, and the same shall be paid from appropriations specifically provided for such purposes by law.

(4) On and after September 21, 1977, all claims made to the legislature against the state of Washington for money or property, shall be accompanied by a statement of the facts on which such claim is based and such evidence as the claimant intends to offer in support of the claim and shall be filed with the director of financial management who shall retain the same as a record. All claims of five hundred dollars or less shall be approved or rejected by the director of financial management and if approved shall be paid from appropriations specifically provided for such purpose by law. Such decision, if adverse to the claimant in whole or part, shall not preclude claimant from seeking relief from the legislature: PROVIDED, That if the claimant accepts any part of his or her claim which is approved for payment by the director, such acceptance shall constitute a waiver and release of the state from any further claims relating to the damage or injury asserted in the claim so accepted. The director shall submit to the legislative counsel and the senate committee on ways and means and to the house committee on appropriations, at the beginning of each regular session, a comprehensive list of all claims paid pursuant to this subsection during the preceding two years. For all claims over five hundred dollars, the director of financial management and the legislative counsel shall each recommend to the legislature whether such claim should be approved or rejected. The legislative committees to whom such claims are referred shall make a transcript or statement of the substance of the evidence given in support of such a claim. If the legislature approves a claim the same shall be paid from appropriations specifically provided for such purpose by law.

(5) Subsections (3) and (4) of this section do not apply to judgments or claims against the state housing finance commission created under chapter 43.180 RCW.

Sec. 6. Section 29.79.030, chapter 9, Laws of 1965 as amended by section 3, chapter 116, Laws of 1982 and RCW 29.79.030 are each amended to read as follows:

The secretary of state shall give a serial number to each initiative or referendum measure, using a separate series for initiatives to the legislature, initiatives to the people, and referendum measures, and forthwith transmit one copy of the measure proposed bearing its serial number to the ((~~attorney general~~)) legislative counsel. Thereafter a measure shall be known and designated on all petitions, ballots, and proceedings as "Initiative Measure No. ..... " or "Referendum Measure No. ..... ".

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Sec. 7. Section 29.79.040, chapter 9, Laws of 1965 as last amended by section 4, chapter 116, Laws of 1982 and RCW 29.79.040 are each amended to read as follows:

Within seven calendar days after the receipt of an initiative or referendum measure, the ((~~attorney general~~)) legislative counsel shall formulate and transmit to the secretary of state a concise statement posed as a question and not to exceed twenty words, bearing the serial number of the measure and a summary of the measure, not to exceed seventy-five words, to follow the statement. The statement may be distinct from the legislative title of the measure, and shall give a true and impartial statement of the purpose of the measure. Neither the statement nor the summary may intentionally be an argument, nor likely to create prejudice, either for or against the measure. Such concise statement shall constitute the ballot title. The ballot title formulated by the ((~~attorney general~~)) legislative counsel shall be the ballot title of the measure unless changed on appeal. When practicable, the question posed by the ballot title shall be written in such a way that an affirmative answer to such question and an affirmative vote on the measure would result in a change in then current law, and a negative answer to the question and a negative vote on the measure would result in no change to then current law.

Sec. 8. Section 29.79.060, chapter 9, Laws of 1965 as amended by section 6, chapter 116, Laws of 1982 and RCW 29.79.060 are each amended to read as follows:

If any person is dissatisfied with the ballot title or summary formulated by the ((~~attorney general~~)) legislative counsel, he or she may, within five days from the filing of the ballot title in the office of the secretary of state appeal to the superior court of Thurston county by petition setting forth the measure, the title or summary formulated by the ((~~attorney general~~)) legislative counsel, and his or her objections to the ballot title or summary and requesting amendment of the title or summary by the court.

A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon the secretary of state, upon the ((~~attorney general~~)) legislative counsel, and upon the person proposing the measure if the appeal is initiated by someone other than that person. Upon the filing of the petition on appeal or at the time to which the hearing may be adjourned by consent of the appellant, the court shall accord first priority to examining the proposed measure, the title or summary prepared by the ((~~attorney general~~)) legislative counsel, and the objections to that title or summary, may hear arguments, and shall, within five days, render its decision and file with the secretary of state a certified copy of such ballot title or summary as it determines will meet the requirements of RCW 29.27.060 and 29.79.040. The decision of the superior court shall be final. Such appeal shall be heard without costs to either party.

Sec. 9. Section 29.79.260, chapter 9, Laws of 1965 and RCW 29.79.260 are each amended to read as follows:

If the legislature did not prescribe a ballot title the secretary of state shall obtain from the ((~~attorney general~~)) legislative counsel a ballot title therefor in the manner provided for obtaining ballot titles for initiative measures, and shall certify the serial number and ballot title of such bill to the county auditors for printing on the ballots for such general or special election in like manner as initiative measures for submission to the people are certified.

Sec. 10. Section 29.79.290, chapter 9, Laws of 1965 and RCW 29.79.290 are each amended to read as follows:

For a measure designated by him as "Alternative Measure No. ..... B," the secretary of state shall obtain from the ((~~attorney general~~)) legislative counsel a ballot title in the manner provided for obtaining ballot titles for initiative measures. The ballot title therefor shall be different from the ballot title of the measure in lieu of which it is proposed, and shall indicate, as clearly as possible, the essential differences in the measure.