HB 1595 -
By Representative Schmick
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 36.01 RCW
to read as follows:
(1) The voters of each county that does not operate under a home
rule charter may exercise within the county the powers of initiative
and referendum as provided in this section and sections 2 through 4 of
this act. The powers of initiative and referendum may not be used to
alter or avoid duties mandated by state law or state agency rule.
(2) The county legislative authority of each county that does not
operate under a home rule charter must establish by ordinance the form
to be used for referendum and initiative petitions in its county, and
must establish procedures for the circulation and signing of referendum
and initiative petitions.
(3) All referendum and initiative petitions adopted under
subsection (2) of this section must contain the full text of the
proposed measure and the ballot title and the following warning
verbatim:
NEW SECTION. Sec. 2 A new section is added to chapter 36.01 RCW
to read as follows:
(1) Except as otherwise provided in this section and section 1 of
this act, any legal voter of a county may initiate ordinances or
amendments to existing ordinances by filing with the county auditor an
initiative petition. No ordinance that is the result of an initiative
approved by a majority of voters may be amended or repealed within two
years after enactment, unless a measure to amend or repeal the
ordinance is approved by a majority of voters voting at any special or
general election or is approved by a unanimous vote of the entire
membership of the county legislative authority.
(2) Ordinances providing for the compensation or working conditions
of county employees, redistricting of commissioner districts,
authorization or repeal of any appropriation of money or any portion of
the annual budget, and authorization or repeal of taxes or fees, are
not subject to an initiative.
(3)(a) Any legal voter of the county may file an initiative
proposal with the county auditor. The county auditor may charge a
twenty dollar filing fee. Within ten working days from receipt of the
proposal, the county auditor must initiate a conference with the
petitioner to review the proposal as to form and style. The county
auditor must assign the initiative proposal a serial number, which must
be the identifying number for the proposal. The county auditor must
then transmit a copy of the proposal to the county prosecuting
attorney.
(b) The county prosecuting attorney may confer with the petitioner
regarding the proposed ballot title of the proposal. Within fourteen
working days after receipt of the proposal, the county prosecuting
attorney must compose and announce a concise statement, posed as a
positive question that does not contain more than twenty-five words,
that is a true and impartial description of the initiative petition's
essential contents. The concise statement must be the ballot title.
(c) Any person dissatisfied with the ballot title may appeal the
ballot title within five working days after it is announced. An appeal
of the ballot title must be filed in superior court in accordance with
RCW 36.01.050. The petition on appeal must set forth the proposed
measure, the ballot title, objections to the ballot title, and a
request for amendment of the ballot title by the court. A copy of the
petition on appeal and notice of the appeal must be served on the
county auditor, county prosecuting attorney, and the petitioner of the
initiative proposal if the appeal is filed by a person other than the
petitioner. The court must accord first priority to the petition on
appeal and may hear arguments. Within five working days after filing
of the petition on appeal, the court must render a decision and file
with the county auditor a certified copy of the ballot title. The
decision of the superior court is final.
(d) The petitioner has one hundred twenty days after the ballot
title is announced by the county prosecuting attorney to collect
signatures of registered voters of the county, equal to or more than
twenty-five percent of the number of votes cast in the county for the
office of governor at the last regular gubernatorial election, and
submit the petition containing the signatures to the county auditor for
filing. All initiative petitions proposing a measure to be submitted
to the people for their approval or rejection at the next general
election must be submitted for filing not less than one hundred twenty
days before such election.
(e) Within sixty days after the filing of the initiative petition,
the county auditor must determine whether the petition bears sufficient
signatures.
(f) If the county auditor verifies the petition as containing
sufficient signatures, the county legislative authority must, within
twenty days after the petition is verified, consider the proposed
initiative. The county legislative authority must either pass the
proposed initiative without change or amendment or submit the proposed
initiative to the people at the next general election.
(g) If the proposed initiative is enacted by the county legislative
authority without change or amendment, the initiative is subject to
referendum.
(h) If the county legislative authority does not pass the proposed
initiative and proposes a substitute measure concerning the same
subject matter, the proposed substitute measure may be placed on the
same ballot with the proposed initiative. On the ballot, the voters
must be given, first, the option of approving either measure or
rejecting both measures and, second, the option to approve one measure
and reject the other. If a majority of the voters voting on the first
option are for approving either measure, then the measure receiving the
majority of votes cast on the second option is approved. If a majority
of the voters voting on the first option are for rejecting both
measures, then neither measure is approved regardless of the votes on
the second option.
NEW SECTION. Sec. 3 A new section is added to chapter 36.01 RCW
to read as follows:
The county legislative authority by ordinance may submit any
proposed or enacted ordinance to the voters for their approval or
rejection at a general or special election. If the ordinance is
approved by a majority of the voters voting on it, the ordinance
becomes effective ten days after the results of the election are
certified, unless a later date is specified by the measure submitting
the ordinance to the voters. If an enacted ordinance is rejected by a
majority of voters voting on it, the ordinance ceases to be effective
ten days after the results of the election are certified, unless a
later date is specified by the measure submitting the ordinance to the
voters.
NEW SECTION. Sec. 4 A new section is added to chapter 36.01 RCW
to read as follows:
(1)(a) Except as provided in this section and section 1 of this
act, an ordinance, or any part of an ordinance, may be subjected to a
referendum by the voters of the county. Emergency ordinances,
ordinances, or sections of any ordinance that: Provide for the
compensation or working conditions of county employees; authorize or
repeal any appropriations of money or any portion of the annual budget;
or authorize or repeal taxes or fees are not subject to referendum.
(b) Upon the filing of a referendum petition, the operation of the
protested ordinance must be suspended until the referendum petition is
found insufficient or until the referendum has been rejected by a
majority of voters voting at an election. The filing of a referendum
petition against one or more sections of any ordinance suspends the
operation of only those protested sections pending the outcome of the
referendum.
(2)(a) Any legal voter of the county may file a referendum proposal
against any ordinance, or part of any ordinance, with the county
auditor within fifteen days after the ordinance is enacted by the
county legislative authority. The county auditor may charge a twenty
dollar filing fee.
(b) Within ten working days from its receipt of the referendum
proposal, the county auditor must initiate a conference with the
petitioner to review the proposal as to form and style. The county
auditor must assign the referendum proposal a serial number, which must
be the identifying number for the proposal. The county auditor must
then transmit a copy of the proposal to the county prosecuting
attorney.
(c) The county prosecuting attorney may confer with the petitioner
regarding the proposed ballot title of the proposal. Within fourteen
working days after receipt of the proposal, the county prosecuting
attorney must compose and announce a concise statement, posed as a
positive question that does not contain more than twenty-five words,
that is a true and impartial description of the referendum petition's
essential contents. The concise statement must be the ballot title.
(d) Any person dissatisfied with the ballot title may appeal the
ballot title within five working days after it is announced. An appeal
of the ballot title must be filed in superior court in accordance with
RCW 36.01.050. The petition on appeal must set forth the proposed
measure, the ballot title, objections to the ballot title, and a
request for amendment of the ballot title by the court. A copy of the
petition on appeal and notice of the appeal must be served on the
county auditor, county prosecuting attorney, and the petitioner of the
referendum proposal if the appeal is filed by a person other than the
petitioner. The court must accord first priority to the petition on
appeal and may hear arguments. Within five working days after filing
of the petition on appeal, the court must render a decision and file
with the county auditor a certified copy of the ballot title. The
decision of the superior court is final.
(e) The petitioner has one hundred twenty days after the ballot
title is composed by the county prosecuting attorney to collect
signatures of registered voters of the county, equal to or more than
twenty-five percent of the number of votes cast in the county for the
office of governor at the last regular gubernatorial election, and
submit the referendum petition containing the signatures to the county
auditor for filing. All referendum petitions proposing a measure to be
submitted to the people for their approval or rejection at the next
general or special election must be submitted for filing not less than
ninety days before such election.
(f) Within sixty days after the filing of the referendum petition,
the county auditor must determine whether the petition bears sufficient
signatures. If the county auditor verifies the petition as containing
sufficient signatures, the county auditor must submit the proposed
referendum to the people at the next general or special election.
NEW SECTION. Sec. 5 A new section is added to chapter 36.01 RCW
to read as follows:
(1) Sections 1 through 4 of this act do not apply to any county
that operates under a home rule charter.
(2) Sections 1 through 4 of this act do not supersede conflicting
special local referendum procedures enacted in any other legislation
before the effective date of this section."
Correct the title.
EFFECT: Makes the following changes to provisions proposed in the
underlying bill:
(1) Requires the county auditor to initiate a conference with the
petitioner of an initiative or referendum proposal within 10 working
days of the proposal's receipt, rather than requiring the county
auditor to confer with the petitioner within five working days of the
proposal's receipt.
(2) Removes a requirement proposed in the underlying bill that a
county prosecuting attorney must confer with the petitioner of an
initiative or referendum proposal to review the legal aspects of the
proposal.
(3) Authorizes, but does not require, a county prosecuting attorney
to confer with the petitioner of an initiative or referendum proposal
regarding the proposed ballot title.
(4) Requires the county prosecuting attorney to compose and
announce an initiative or referendum proposal's ballot title within 14
working days, rather than 10 working days, after its receipt by the
county.
(5) Adds provisions authorizing any person dissatisfied with the
ballot title of an initiative or referendum proposal to appeal the
ballot title within five working days after it is announced by the
county prosecuting attorney. Provides that an appeal of the ballot
title, among other things: (a) Must be filed with the superior court
of the county or with the superior court of either of the two nearest
judicial districts; (b) must set forth specified criteria (e.g., the
ballot title and objections to the ballot title); and (c) must be
decided within five working days after the petition on appeal is filed
with the superior court.
(6) Requires the county auditor to determine whether an initiative
or referendum petition bears sufficient signatures within 60 days,
rather than 10 days, after it is filed.
(7) Specifies that the underlying bill's provisions do not
supersede conflicting local referendum procedures enacted prior to the
effective date of the bill.