HOUSE BILL REPORT

                  HB 2145

             As Reported By House Committee On:

                    Government Operations

Title:  An act relating to the powers of initiative and referendum within counties.

Brief Description:  Providing for initiative and referendum within all counties.

Sponsors:  Representatives Boldt, Mulliken, Benton, Stevens, Pennington, D. Sommers, Campbell, Smith, Goldsmith and Hargrove.

Brief History:

  Committee Activity:

Government Operations:  1/26/96, 2/2/96 [DP].

HOUSE COMMITTEE ON GOVERNMENT OPERATIONS

Majority Report:  Do pass.  Signed by 15 members:  Representatives Reams, Chairman; Cairnes, Vice Chairman; Goldsmith, Vice Chairman; Rust, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Conway; R. Fisher; Hargrove; Honeyford; Hymes; Mulliken; Scheuerman; D. Schmidt; Van Luven and Wolfe.

Staff:  Steve Lundin (786-7127).

Background:  The state constitution directly grants state voters general initiative and referendum powers on state matters, but does not grant local voters general powers of initiative and referendum on local matters.

City voters may obtain general initiative and referendum power on city matters under the three following procedures

!The state constitution allows the voters of any city with a population of 10,000 or more to approve a city charter, and statutes expressly allow city charters to include provisions granting city voters general initiative and referendum powers on city matters.

!Statutes grant the voters of any non-code city operating with a commission plan of government general powers of initiative and referendum on city matters.

!Statutes authorize procedures by which voters of any city or town may reorganize as a code city and acquire general powers of initiative and referendum on city matters.

The state constitution allows voters of any county to approve a county home rule charter.  Although no constitutional or statutory provisions exist expressly authorizing a county charter to include provisions granting county voters initiative and referendum powers on county matters, each one of the five existing county charters includes such provisions.

Summary of Bill:  Voters of every county are granted initiative and referendum powers on county matters.  The procedures for county voters to exercise these initiative and referendum powers are very similar to existing initiative and referendum provisions for voters of cities with a commission form of government.  However, if a county charter provides for initiative and referendum powers on county matters, the charter provisions apply and not the provisions in this legislation.

A county ordinance becomes effective 30 days after it is adopted by the county legislative authority, during which a referendum petition on the ordinance may be filed by county voters.  However, an ordinance adopted by initiative or an emergency ordinance adopted by unanimous vote of the county legislative authority is not subject to referendum.

If the county auditor finds the number of signatures to be insufficient, additional signatures may be submitted over the next 10 days.

A referendum or initiative proposition is submitted to county voters at the next special election date occurring 45 or more days after the county auditor certifies the sufficiency of the petition, and the county legislative authority does not adopt the proposed ordinance or repeal the ordinance that is being subjected to referendum.  However, no more than one special election shall be called for such purpose during any six-month period.  Provisions are made for special notice of the election to be published at least 20 days prior to the election.

If a majority of the votes cast favor the proposed ordinance or resolution, it shall become effective immediately.

The county legislative authority may submit an ordinance to county voters to repeal or amend an ordinance or resolution adopted by initiative action, or refer any new ordinance to county voters at a special election.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  It is difficult to adopt a county charter, which is the only way county voters can get initiative and referendum powers.

Testimony Against:  None.

Testified:  Representative Boldt, prime sponsor.