H-1160.1 _______________________________________________
HOUSE BILL 1761
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives Brough, Haugen, Mitchell and Cooper.
Read first time February 7, 1991. Referred to Committee on Local Government.
AN ACT Relating to the powers of initiative and referendum in cities; amending RCW 35A.11.080, 35A.11.090, 35.17.260, 35.17.240, 35.17.280, 35.17.290, 35.17.300, 35.17.230, 35A.29.170, and 39.88.090; adding new sections to chapter 35A.11 RCW; creating a new section; recodifying RCW 35.17.240, 35.17.260, 35.17.280, 35.17.290, and 35.17.300; and repealing RCW 35.17.250, 35.17.270, 35.17.310, 35.17.320, 35.17.330, 35.17.340, 35.17.350, 35.17.360, and 35A.11.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The purposes of this act are to permit the application of initiative and referendum powers by noncharter code city voters on powers and authorities that have been granted by statute to either the city or to the city governing body, and to clarify the initiative and referendum procedures in noncharter code cities and cities operating with a commission form of government.
Sec. 2. RCW 35A.11.080 and 1979 ex.s. c 18 s 18 are each amended to read as follows:
The ((qualified
electors or legislative body of a)) voters of a noncharter code city
with a population of ten thousand or more shall possess the powers of
initiative and referendum as provided in this chapter. In addition, the voters
or council of any other noncharter code city may provide for the exercise
in their city of the powers of initiative and referendum, upon electing so to
do in the manner provided for changing the classification of a city or town in
RCW 35A.02.020, 35A.02.025, 35A.02.030, and 35A.02.035, as now or hereafter
amended.
The exercise of such powers may be restricted or abandoned upon electing so to do in the manner provided for abandoning the plan of government of a noncharter code city in RCW 35A.06.030, 35A.06.040, 35A.06.050, and 35A.06.060, as now or hereafter amended.
Sec. 3. RCW 35A.11.090 and 1973 1st ex.s. c 81 s 2 are each amended to read as follows:
Ordinances of noncharter code cities the qualified electors of which have elected to exercise the powers of initiative and referendum shall not go into effect before thirty days from the time of final passage and are subject to referendum during the interim except:
(1) Ordinances initiated by petition;
(2) Ordinances necessary for immediate preservation of public peace, health, and safety or for the support of city government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the council;
(3) Ordinances providing for local improvement districts or utility local improvement districts;
(4) Ordinances appropriating money;
(5) Ordinances providing for or approving collective bargaining;
(6)
Ordinances providing for the compensation of or working conditions of city
employees; ((and))
(7) Ordinances authorizing or repealing the levy of taxes; and
(8) Other matters that have been restricted as provided under RCW 35A.11.080;
which excepted ordinances shall go into effect as provided by the general law or by applicable sections of Title 35 or 35A RCW as now or hereafter amended.
The powers of initiative and referendum shall be construed broadly in favor of these powers. Except as expressly provided in this section and as provided under RCW 35A.11.080, referendum action may be taken on any ordinance within the scope of the powers, functions, or duties of the city or city council. Except as expressly provided under RCW 35A.11.080, initiative action may be taken on any subject within the scope of the powers, functions, or duties of the city or city council.
NEW SECTION. Sec. 4. A new section is added to chapter 35A.11 RCW to read as follows:
Initiative and referendum petitions shall be in the form prescribed in RCW 35A.01.040, except for the restriction on the color of paper on which the petition is printed. The minimum number of signatures required by the qualified electors of the city on an initiative or referendum petition is equal to twenty percent of the number of voters within the city who voted at the last preceding city general election.
Initiative or referendum petitions shall be filed with the city clerk, along with the name, address, and telephone number of the person who files the petitions. Immediately upon receipt of the petitions, the city clerk shall forward to the county auditor the petitions and the name, address, and telephone number of the person who submitted the petitions. The auditor shall ascertain the validity of the signatures and certify the sufficiency of the petitions to the city council.
Elections shall be conducted as provided in general election law.
Sec. 5. RCW 35.17.260 and 1965 c 7 s 35.17.260 are each amended to read as follows:
((Ordinances
may be initiated by petition of electors of the city filed with the
commission. If the petition accompanying the proposed ordinance is signed by
the registered voters in the city equal in number to twenty-five percent of the
votes cast for all candidates for mayor at the last preceding city election,
and if it contains)) An initiative petition shall contain a request
that, unless passed by the ((commission)) council, the proposed
ordinance be submitted to a vote of the people((, the commission)).
Upon receipt of an initiative petition that has been certified by the county
auditor as having sufficient valid signatures, the city council shall
either:
(1)
Pass the proposed ordinance without alteration within ((twenty)) thirty
days after the ((city clerk's certificate)) county auditor has
certified that the number of valid signatures on the petition ((are))
is sufficient; or
(2)
Immediately ((after the clerk's certificate of sufficiency is attached to
the petition, cause to be called)) request that the county legislative
authority call a special election to be held ((not less than thirty nor
more than)) at the next special election date provided in RCW 29.13.020
sixty days or more thereafter, for submission of the proposed ordinance
without alteration, to a vote of the people ((unless a general election will
occur within ninety days, in which event submission must be made thereat)).
The ballot proposition on an initiative shall be stated so that by making one
choice a voter can express his or her approval or rejection of the proposed
ordinance. Approval of the initiative ballot proposition by a simple majority
vote shall result in the proposed ordinance being adopted immediately upon the
certification of the election results, unless provided otherwise in the
proposed ordinance.
Sec. 6. RCW 35.17.240 and 1965 c 7 s 35.17.240 are each amended to read as follows:
Upon
the filing of a referendum petition, that has been certified as having
sufficient valid signatures, praying therefor, the ((commission)) council
shall reconsider an ordinance subject to referendum and upon reconsideration
shall defeat it in its entirety or shall submit it to a vote of the people.
The operation of an ordinance so protested against shall be suspended until the
referendum petition is finally found insufficient or until the ordinance
protested against has received a majority of the votes cast thereon at the
election. If the council does not defeat the ordinance in its entirety, the
council shall request that the county legislative authority call a special
election for submission of the referendum to a vote of the people to be held at
the next special election date provided in RCW 29.13.020 sixty or more days
after the petition has been certified as being sufficient.
Additionally, a city council may pass an ordinance and refer the ordinance to the voters for their approval or rejection.
The ballot proposition on a referendum shall be stated so that by making one choice a voter can express his or her approval or rejection of the referred ordinance. Approval of the referred ordinance by a simple majority vote shall result in the ordinance becoming law immediately upon the certification of the election results, unless provided otherwise in the referred ordinance. Failure to approve the referred ordinance by a simple majority vote shall result in the referred ordinance being rejected in its entirety.
Sec. 7. RCW 35.17.280 and 1965 c 7 s 35.17.280 are each amended to read as follows:
Within
ten days from ((the filing of a petition submitting a proposed ordinance the
city clerk)) receipt of an initiative or referendum petition from a
city, the county auditor shall ascertain and append to the petition ((his))
a certificate stating whether or not it is signed by a sufficient number
of ((registered voters, using the registration records and returns of the
preceding municipal election for his sources of information, and the commission
shall allow him extra help for that purpose, if necessary)) qualified
electors. If the signatures are found by the ((clerk)) auditor
to be insufficient, the auditor shall notify the person who submitted the
petitions. The petition may be amended in that respect within ten days from
the date of the certificate. Within ten days after submission of the amended
petition the ((clerk)) auditor shall make an examination thereof
and append ((his)) a certificate of the sufficiency
thereto in the same manner as before. If the second certificate shall also
show the number of signatures to be insufficient, the petition shall be
returned to the person filing it.
Sec. 8. RCW 35.17.290 and 1965 c 7 s 35.17.290 are each amended to read as follows:
If the
((clerk)) county auditor finds the signatures on an initiative
or referendum petition insufficient ((or)), any city voter may
commence an action in the superior court against the auditor and procure a
decree ordering the auditor to issue a certificate of sufficiency if the court
finds that the signatures are sufficient. If the ((commission)) council
refuses either to pass an initiative ordinance or ((order)) to
request an election ((thereon)) on an initiative petition that
has been certified as having sufficient valid signatures, or refuses either to
repeal the ordinance in its entirety or to request an election on a referendum
petition that has been certified as having sufficient valid signatures, any
((taxpayer)) city or town voter may commence an action in the
superior court against the city and procure a decree ordering an election to be
held in the city for the purpose of voting upon the proposed or referred
ordinance ((if the court finds the petition to be sufficient)).
However, the city may request a declaratory judgment on whether an ordinance that is sought to be referred may be subjected to referendum action, or the subject matter of a proposed ordinance may be subjected to initiative action.
Sec. 9. RCW 35.17.300 and 1965 c 7 s 35.17.300 are each amended to read as follows:
((Publication
of notice, the election, the canvass of the returns and declaration of the
results, shall be conducted in all respects as are other city elections.))
Any number of proposed ((ordinances)) initiatives or referenda
may be voted on at the same election, but there shall not be more than one
special election for that purpose during any one six-month((s)) period.
Sec. 10. RCW 35.17.230 and 1965 c 7 s 35.17.230 are each amended to read as follows:
Ordinances
shall not go into effect before thirty days from the time of final passage ((and
are subject to referendum during the interim except:
(1)
Ordinances initiated by petition;
(2))) except
for ordinances necessary for immediate preservation of public peace,
health, and safety which contain a statement of urgency and are passed by
unanimous vote of all the commissioners((;
(3)
Ordinances providing for local improvement districts)). The
voters of cities operating with a commission form of government under chapter
35.17 RCW shall possess the powers of initiative and referendum. The powers of
initiative and referendum shall be exercised in the manner provided for the
exercise of such powers by voters in code cities under chapter 35A.11 RCW.
Sec. 11. RCW 35A.29.170 and 1967 ex.s. c 119 s 35A.29.170 are each amended to read as follows:
(1)
Initiative and referendum petitions authorized to be filed under provisions of
this title, or authorized by charter, or authorized for code cities having the
commission form of government as provided by chapter 35.17 RCW, shall be in
substantial compliance with the provisions of RCW 35A.01.040 as to form and
content of the petition, insofar as such provisions are applicable; shall
contain a true copy of a resolution or ordinance sought to be referred to the
voters; and must contain valid signatures of qualified electors of the code
city in the number required by the applicable provision of this title. Except
when otherwise provided by statute, referendum petitions must be filed with the
clerk of the legislative body of the code city within ninety days after the
passage of the resolution or ordinance sought to be referred to the voters, or
within such lesser number of days as may be authorized by statute or charter in
order to precede the effective date of an ordinance: PROVIDED, That nothing
herein shall be construed to abrogate or affect an exemption from initiative
and/or referendum provided by a code city charter. Immediately upon receipt
of the petitions, the clerk shall forward the petitions to the county
auditor of the county within which the city is located and the auditor shall
determine the sufficiency of the petition under the rules set forth in RCW
35A.01.040. When a referendum petition is filed with the clerk, the
legislative action sought to be referred to the voters shall be suspended from
taking effect. Such suspension shall terminate when: (((1))) (a)
There is a final determination of insufficiency or untimeliness of the
referendum petition; or (((2))) (b) the legislative action so
referred is approved by the voters at a referendum election.
(2) The provisions of this section shall not apply to initiative or referendum petitions under chapter 35A.11 RCW.
Sec. 12. RCW 39.88.090 and 1982 1st ex.s. c 42 s 10 are each amended to read as follows:
General obligation bonds which are issued to finance public facilities that are specified in the public improvement ordinance, and for which part or all of the principal or interest is paid by tax allocation revenues, shall be subject to the following requirements:
(1) The intent to issue such bonds and the maximum amount which the sponsor contemplates issuing are specified in the public improvement ordinance; and
(2) A statement of the intent of the sponsor to issue such bonds is included in all notices required by RCW 39.88.040 and 39.88.050.
In addition, the ordinance or resolution authorizing the issuance of such general obligation bonds shall be subject to potential referendum approval by the
voters of
the issuing entity when the bonds are part of the non-voter approved
indebtedness limitation established pursuant to RCW 39.36.020. If the voters
of the county or city issuing such bonds otherwise possess the general power of
referendum on county or city matters, the ordinance or resolution shall be
subject to that procedure. If the voters of the county or city issuing such
bonds do not otherwise possess the general power of referendum on county or
city matters, the referendum shall conform to the requirements and procedures
for referendum petitions provided for code cities ((in RCW 35A.11.100)) under
chapter 35A.11 RCW.
NEW SECTION. Sec. 13. RCW 35.17.240, 35.17.260, 35.17.280, 35.17.290, and 35.17.300, each as amended by this act, are each recodified as sections in chapter 35A.11 RCW.
NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:
(1) RCW 35.17.250 and 1965 c 7 s 35.17.250;
(2) RCW 35.17.270 and 1965 c 7 s 35.17.270;
(3) RCW 35.17.310 and 1965 c 7 s 35.17.310;
(4) RCW 35.17.320 and 1965 c 7 s 35.17.320;
(5) RCW 35.17.330 and 1965 c 7 s 35.17.330;
(6) RCW 35.17.340 and 1965 c 7 s 35.17.340;
(7) RCW 35.17.350 and 1965 c 7 s 35.17.350;
(8) RCW 35.17.360 and 1965 c 7 s 35.17.360; and