H-0407.1  _______________________________________________

 

                          HOUSE BILL 1121

          _______________________________________________

 

State of Washington      56th Legislature     1999 Regular Session

 

By Representatives Pennington, Mielke and Dunshee

 

Read first time 01/14/1999.  Referred to Committee on Local Government.

Providing the powers of initiative and referendum to certain more populous counties.


    AN ACT Relating to initiative and referendum powers in counties; and adding new sections to chapter 36.32 RCW.

 

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

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 36.32 RCW to read as follows:

    (1) Except as provided in subsection (2) of this section, the voters of any county that does not operate under a home rule charter shall possess the direct legislative powers through initiative and referendum on any matter within the scope of the powers, functions, or duties of the county.

    (2) Ordinances of such a county shall become effective thirty days after their adoption, and are subject to a referendum petition being filed during the interim, except:

    (a) Ordinances initiated by petition;

    (b) Ordinances necessary for immediate preservation of public peace, health, and safety or for the support of county government and its existing public institutions which contain a statement of urgency and provide that the ordinance becomes effective either immediately upon adoption or at a date less than thirty days after its adoption;

    (c) Ordinances providing for road improvement districts, local improvement districts, or utility local improvement districts;

    (d) Ordinances appropriating money;

    (e) Ordinances providing for or approving collective bargaining;

    (f) Ordinances providing for the compensation of or working conditions of county employees; or

    (g) Ordinances authorizing or repealing the levy of taxes.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 36.32 RCW to read as follows:

    Initiative petitions proposing the adoption of an ordinance must be signed by county registered voters equal in number to at least twenty percent of the number of county voters voting at the last state general election and may not be circulated for more than one hundred eighty days.  Referendum petitions must be signed by county registered voters equal in number to at least fifteen percent of the number of county voters voting at the last state general election and must be filed with the county auditor no later than 5:00 p.m., thirty days after the ordinance that is being subjected to referendum was adopted.  The petitions shall be filed with the county auditor who shall review the signatures and certify the sufficiency of the signatures.  If it appears that the same registered voter signed the petitions more than once, only the first signature shall be counted.

    The county auditor shall notify the county legislative authority if the initiative petitions are certified as having sufficient valid signatures and the county legislative authority shall either adopt the proposed ordinance, as proposed, or shall cause the initiative to be submitted to county voters for their approval or rejection at the next state general election occurring forty-five or more days after the petitions were certified as having sufficient valid signatures.

    If the referendum petitions are certified as having sufficient valid signatures, the ordinance that is being subjected to referendum shall not become effective, shall be held in abeyance, and shall be submitted to the county voters for their approval or rejection at the next state general election that occurs forty-five or more days after the petitions were certified as having sufficient valid signatures.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 36.32 RCW to read as follows:

    Each initiative petition shall include the text of the proposed ordinance and shall indicate that an initiative is being proposed.  Each referendum petition shall include the text of the ordinance that is proposed to be subjected to referendum and shall indicate that a referendum is being proposed.

    Each petition shall include numbered lines and provide space on each numbered line for a voter to sign the petition, print his or her name, insert his or her residential address, and indicate the date he or she signed the petition.  Each petition shall include the warning that:

 

"Every person who signs this petition with any other than his or her true name, knowingly signs more than one of these petitions, signs this petition when he or she is not a registered voter residing in the county, or makes any false statement on the petition may be punished by fine or imprisonment or both."

 

    NEW SECTION.  Sec. 4.  A new section is added to chapter 36.32 RCW to read as follows:

    An ordinance that is submitted to voters as a initiative measure, or that is referred to voters as a referendum measure, shall be adopted if approved by a simple majority vote of county voters voting on the ballot measure.  Unless the ordinance provides for a differing effective date, an ordinance that is approved by county voters shall become effective on the date the results of the election are certified that voters approved the ordinance.

 


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