BP BHEAD INT S

AN ACT Relating to exercising the right to petition for referendum; amending RCW 4.24.500, 4.24.510, 4.24.520, 35.22.200, 35A.11.100, and 35A.29.170; adding a new section to chapter 35.21 RCW; adding a new section to chapter 36.01 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature declares that the right of referendum is one of the most powerful tools our citizens have for exercising control over our democratic processes. The legislature further declares that the right of petition under Article I, section 4 of the state Constitution, and freedom of speech under Article I, section 5 of the state Constitution are well served by the active use of the referendum.

It is the intent of the legislature that a citizen feel at liberty to express his or her opinion by signing or filing a petition for referendum. It is the purpose of this act to ensure that any action taken against the signers or filers of a petition for referendum may be taken only upon a showing of bad faith and not for a mistake of law.

Sec. 2. RCW 4.24.500 and 1989 c 234 s 1 are each amended to read as follows:

Information provided by citizens concerning potential wrongdoing is vital to effective law enforcement and the efficient operation of government. The referendum process is an important vehicle for conveying public concern. The legislature finds that the threat of a civil action for damages can act as a deterrent to citizens who wish to report information to federal, state, or local agencies, or who sign or file a petition for referendum. The costs of defending against such suits can be severely burdensome. The purpose of RCW 4.24.500 through 4.24.520 is to protect individuals who make good-faith reports to appropriate governmental bodies or who sign or file petitions for referendum in good faith.

Sec. 3. RCW 4.24.510 and 1989 c 234 s 2 are each amended to read as follows:

(1) A person who in good faith communicates a complaint or information or signs or files a petition for referendum to any agency of federal, state, or local government regarding any matter reasonably of concern to that agency shall be immune from civil liability on claims based upon the communication or filing to the agency. A person prevailing upon the defense provided for in this section shall be entitled to recover costs and reasonable attorneys' fees incurred in establishing the defense.

(2) Any person who files a petition for referendum under subsection (1) of this section that contains the minimum number of required signatures is acting in good faith, absent a showing to the contrary.

Sec. 4. RCW 4.24.520 and 1989 c 234 s 4 are each amended to read as follows:

In order to protect the free flow of information from citizens to their government, an agency receiving a complaint or information or a petition for referendum under RCW 4.24.510 may intervene in and defend against any suit precipitated by the communication to the agency. In the event that a local governmental agency does not intervene in and defend against a suit arising from any communication protected under ((~~this act~~)) RCW 4.24.500, 4.24.510, and this section, the office of the attorney general may intervene in and defend against the suit. An agency prevailing upon the defense provided for in RCW 4.24.510 shall be entitled to recover costs and reasonable attorneys' fees incurred in establishing the defense. If the agency fails to establish the defense provided for in RCW 4.24.510, the party bringing the action shall be entitled to recover from the agency costs and reasonable attorney's fees incurred in proving the defense inapplicable or invalid.

Sec. 5. RCW 35.22.200 and 1965 ex.s. c 47 s 13 are each amended to read as follows:

The legislative powers of a charter city shall be vested in a mayor and a city council, to consist of such number of members and to have such powers as may be provided for in its charter. The charter may provide for direct legislation by the people through the initiative and referendum upon any matter within the scope of the powers, functions, or duties of the city. The exercise of the right of the people to petition for referendum is protected under RCW 4.24.500 through 4.24.520. The mayor and council and such other elective officers as may be provided for in such charter shall be elected at such times and in such manner as provided in Title 29 RCW, and for such terms and shall perform such duties and receive such compensation as may be prescribed in the charter.

Sec. 6. RCW 35A.11.100 and 1973 1st ex.s. c 81 s 3 are each amended to read as follows:

Except as provided in RCW 35A.11.090, and except that the number of registered voters needed to sign a petition for initiative or referendum shall be fifteen percent of the total number of names of persons listed as registered voters within the city on the day of the last preceding city general election, the powers of initiative and referendum in noncharter code cities shall be exercised in the manner set forth for the commission form of government in RCW 35.17.240 through 35.17.360, as now or hereafter amended. The exercise of any right to petition for referendum is protected under RCW 4.24.500 through 4.24.520.

Sec. 7. RCW 35A.29.170 and 1967 ex.s. c 119 s 35A.29.170 are each amended to read as follows:

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; shall be subject to the good faith protections under RCW 4.24.500 through 4.24.520; 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. The clerk 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) There is a final determination of insufficiency or untimeliness of the referendum petition; or (2) the legislative action so referred is approved by the voters at a referendum election.

NEW SECTION. Sec. 8. A new section is added to chapter 35.21 RCW to read as follows:

Any exercise of the right of petition for referendum is protected by the good faith provisions of RCW 4.24.500 through 4.24.520.

NEW SECTION. Sec. 9. A new section is added to chapter 36.01 RCW to read as follows:

Any exercise of the right of petition for referendum is protected by the good faith provisions of RCW 4.24.500 through 4.24.520.