H-1883.1  _______________________________________________

                          HOUSE BILL 2016

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Ogden, Scott, Costa, Lantz, Hankins, Mitchell, D. Sommers, O'Brien, Sullivan, Dunshee, Mielke, Skinner, Dunn, Keiser, Blalock, Conway and Anderson

Read first time 02/18/97.  Referred to Committee on Government Administration.

Authorizing comments by the attorney general on constitutionality or enforceability of proposed ballot measures.

    AN ACT Relating to comments by the attorney general on the constitutionality or enforceability of proposed ballot measures; and adding a new section to chapter 29.79 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 29.79 RCW to read as follows:

    The attorney general may comment on the constitutionality and the enforceability of proposed ballot measures.  If the attorney general is firmly convinced that, as a matter of settled law, a proposed initiative or referendum measure is to a substantial degree contrary to the state Constitution, or inconsistent with the Constitution and laws of the United States, the attorney general may add to the ballot measure summary a ballot measure comment in the form of the following sentence (selecting the appropriate alternatives):  "In the opinion of the attorney general, much of this measure would, if enacted, be in conflict with (the Washington state Constitution) (and/or) (the United States Constitution) (and/or) (the laws and treaties of the United States)."

    In such cases, the attorney general shall publish a written opinion setting forth the reasons for the comment.  If the attorney general's comment is the subject of judicial review, the reviewing court may strike the comment upon a finding that the comment is not justified under the standards established in this section.  If the attorney general declines to provide a comment on the constitutionality or enforceability of a measure, the decision not to comment is not subject to judicial review.  Judicial review of an attorney general comment may not be construed as an adjudication of the merits of any of the questions presented or as a declaration of the law for any purpose except this section.

                            --- END ---