[atlas:bill]

AN ACT Relating to providing voters with additional information on fiscal impacts of initiatives; adding new sections to chapter 29.79 RCW; and declaring an emergency.

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 legislature recognizes that through the initiative process, voters play an increasing role in setting statewide legislative policy and adopting new laws. In exercising this authority, voters in this state deserve to have sufficient information to make educated decisions. The Washington state supreme court recognized that a significant number of voters make decisions on initiatives based merely upon the information provided in the ballot. Therefore, the ballot should provide voters with the information they need to evaluate the impacts of their decision, just as the legislature educates its own decisions through fiscal notes under chapter 43.88A RCW. The legislature finds that the voters of the state have a particular interest in understanding their decisions' impacts on existing government services and programs. This is best accomplished by preparing a fiscal impact statement and providing voters with a "notice of probable impacts," which summarizes the fiscal impact statement and shall be displayed on ballots directly beneath the ballot title.

NEW SECTION. Sec. 2. A new section is added to chapter 29.79 RCW to read as follows:

The office of financial management, in consultation with the secretary of state, the department of revenue, other state agencies, selected local governments and associations of local governments, and legislative fiscal staff, when appropriate, shall prepare a fiscal impact statement for each initiative to the people certified for the ballot under RCW 29.79.230. Each fiscal impact statement must describe any projected increases or decreases in revenues, costs, expenditures, or indebtedness that the state and local governments will experience if the initiative is approved by voters. The fiscal impact statement must include a detailed statement that includes the assumptions that were made to develop the fiscal impacts. The fiscal impact statement must be written in clear and concise language and avoid legal and technical terms when possible, and may include easy to understand graphics. Where appropriate, the fiscal impact statement may include both estimated dollar amounts and a description placing the estimated dollar amounts into context.

If a fiscal impact statement identifies a combined financial impact of at least twenty-five million dollars on state and local governments, the office of financial management must prepare a notice of probable impacts to be placed on the ballot beneath the ballot title. The notice of probable impacts must be no more than seventy-five words, must be written in clear and concise language, avoiding legal and technical terms when possible, and may include easy to understand graphics. Where appropriate, the notice of probable impacts may include both estimated dollar amounts and a description placing the estimated dollar amounts into context.

The fiscal impact statement and the notice of probable impacts must identify which programs, if any, will be eliminated because of a decrease in revenues or increase in costs, expenditures, or indebtedness. If the office of financial management cannot determine which specific government services or programs will be impacted, the fiscal impact statement and notice of probable impacts must list five of the largest services or programs currently funded by the impacted governments.

The office of financial management must file the notice of probable impacts with the office of the secretary of state no later than thirty days following certification of the initiative pursuant to RCW 29.79.230.

NEW SECTION. Sec. 3. A new section is added to chapter 29.79 RCW to read as follows:

Once a notice of probable impacts is filed with the secretary of state, the secretary of state shall immediately provide the text of the notice of probable impacts to the person proposing the initiative and any others who have made written request for notification of the exact language of the notice.

A person dissatisfied with the notice of probable impacts may appeal to the superior court of Thurston County within five days of the filing date. A copy of the petition and a notice of the appeal must be served on the secretary of state and the attorney general. The court shall examine the measure, the notice of probable impacts, the fiscal impact statement, and objections, and may hear arguments. The court shall render its decision and certify to and file with the secretary of state a notice of probable impacts it determines will be sufficient.

The decision of the superior court is final, and its notice of probable impacts is the established notice of probable impacts. The appeal must be heard without costs to either party.

NEW SECTION. Sec. 4. A new section is added to chapter 29.79 RCW to read as follows:

The notice of probable impacts shall appear on all ballots directly beneath the ballot title. Above the notice must be a heading in capital letters, stating "NOTICE OF PROBABLE IMPACTS OF INITIATIVE."

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.