BP BHEAD INT S

AN ACT Relating to the powers of initiative and referendum within counties; and adding new sections to chapter 36.01 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 36.01 RCW to read as follows:

The voters of each county may exercise within the county the powers of initiative and referendum as provided in sections 1 through 3 of this act. The powers of initiative and referendum as provided in sections 1 through 3 of this act may not be used to alter or avoid duties mandated by state law or state agency rule.

For any county with charter provisions concerning initiative and referendum, the charter provisions shall control the operation of initiative and referendum within the county.

Sections 1 through 3 of this act may not be construed to affect special local referendum procedures provided in state law.

The county legislative authority shall by ordinance establish the form of the initiative and referendum petitions and establish procedures for the circulation and signing of petitions.

NEW SECTION. Sec. 2. A new section is added to chapter 36.01 RCW to read as follows:

(1) Except as limited by section 1 of this act and this section, any ordinance or amendment to an ordinance may be proposed by filing with the county auditor an initiative petition. No ordinance enacted as a result of initiative may be amended or repealed within two years after enactment except as a result of a subsequent initiative or referendum.

(2) Ordinances providing for the compensation or working conditions of county employees, redistricting of council districts, authorization or repeal of any appropriation of money or any portion of the annual budget, and authorization or repeal of taxes or fees, shall not be subject to the initiative.

(3)(a) Any registered voter of the county may file an initiative proposal with the county auditor, who within five working days after filing shall confer with the petitioner to review the proposal as to form and style and transmit a copy of the proposal to the prosecuting attorney. The county auditor shall give the proposed initiative a number, which shall thereafter be the identifying number for the measure.

(b) The county prosecuting attorney shall confer with the petitioner to review the legal aspects of the proposal. Within ten working days of receipt of the proposal, the county prosecuting attorney shall compose a concise statement, posed as a positive question, not to exceed twenty-five words, which shall express and give a true and impartial statement of the purpose of the initiative proposal. Such concise statement shall be the ballot title.

(c) The petitioner then has ninety days after the ballot title has been composed to collect the signatures of the registered voters of the county equal in number to not less than ten percent of the number of votes cast in the county for the office of governor at the last gubernatorial election. Each petition shall contain the full text of the proposed measure and the ballot title.

(d) The county auditor shall verify the sufficiency of the signatures on the petition, and if it is validated, submit the initiative proposal to the people at the next general or special election that is not less than one hundred twenty days after the submission of the petitions for signature verification, unless the county legislative authority enacts the proposal without change or amendment. If the proposal is enacted without change or amendment, the proposal is subject to referendum.

(e) If the county legislative authority does not adopt the proposed measure and adopts a substitute measure concerning the same subject matter, the substitute proposal shall be placed on the same ballot with the initiative proposal; the voters shall be given the choice of accepting either or rejecting both and then be given the choice of accepting one and rejecting the other. If a majority of the voters voting on the first issue is for accepting either, then the measure receiving the majority of the votes cast on the second issue shall be deemed approved. If a majority of those voting on the first issue is for rejecting both, then neither measure shall be approved regardless of the vote on the second issue.

NEW SECTION. Sec. 3. A new section is added to chapter 36.01 RCW to read as follows:

(1) The legislative authority of each county by ordinance may refer any proposed or enacted ordinance to the voters for their approval or rejection at a general or special election. If a proposed ordinance is approved by a majority voting on the issue, it shall become effective ten days after the results of the election are certified unless a later date is specified in the ordinance. If an enacted ordinance is not approved by a majority voting on the issue, it shall cease to be effective ten days after the results of the election are certified unless the ordinance referring the enacted ordinance to the voters specified a later date.

(2)(a) A referendum may be ordered on any ordinance or part thereof enacted by the county legislative authority except as follows: Emergency ordinances and ordinances or portions of ordinances providing for the compensation or working conditions of county employees, authorizing or repealing any appropriations of money or any portion of the annual budget, and authorizing or repealing taxes or fees, shall not be subject to referendum. Upon validation of a referendum petition, the ordinance or part thereof shall be ineffective pending the outcome of the referendum procedure. A referendum petition against one or more sections of any ordinance shall delay only those sections from taking effect.

(b)(i) Any registered voter of the county may file a referendum proposal against any enacted ordinance, or portion thereof, with the county auditor within fifteen days after the ordinance is passed by the county legislative authority.

(ii) Within five working days after filing the county auditor shall confer with the petitioner to review the proposal as to form and style and transmit a copy of the proposal to the prosecuting attorney. The county auditor shall give the referendum proposal a number, which thereafter shall be the identifying number for the measure. The county prosecuting attorney shall within ten working days of receipt of the proposal compose a concise statement, posed as a positive question, not to exceed twenty-five words, which shall express and give a true and impartial statement of the referendum proposal. Such concise statement shall be the ballot title.

(iii) The petitioner then has sixty days after the ballot title has been composed to collect the signatures of the registered voters of the county equal in number to not less than eight percent of the number of votes cast in the county for the office of governor at the last gubernatorial election. Each petition shall contain the full text of the proposed measure and the ballot title.

(iv) The county auditor shall verify the sufficiency of the signatures on the petition, and if it is validated, submit the referendum proposal to the people at the next general or special election that is not less than ninety days after the submission of the petitions for signature verification.