S‑0641.1   _____________________________________________

SENATE BILL 5136

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Fairley, Patterson, Kohl‑Welles, Regala, B. Sheldon, Costa, Prentice, Jacobsen, Oke and Winsley

Read first time 01/12/2001.  Referred to Committee on State & Local Government.

_1      AN ACT Relating to initiative review; and adding new sections

_2  to chapter 29.79 RCW.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      NEW SECTION. Sec. 1.  The initiative review commission is

_5  established, consisting of three members appointed by the governor

_6  and confirmed by the senate.  Two members must be retired judges of

_7  a court of record.  No person may serve on the commission if, within

_8  the year before appointment, he or she has been an elected state

_9  or local official or a registered lobbyist.  Appointments must be

10  made before March 1st of each odd-numbered year and will be for

11  terms of two years.  The governor shall fill vacancies by

12  appointment.  The commission shall select a chair from among its

13  members.

14      NEW SECTION. Sec. 2.  Within forty-five days after the date of

15  certification of sufficiency under RCW 29.79.230 or the

16  certification of a rejected initiative to the legislature under

17  RCW 29.79.270, the commission shall conduct an analysis to

                               p. 1                       SB 5136

_1  determine if, as a matter of settled law, there is a significant

_2  likelihood the measure may be contrary to the state Constitution

_3  or the Constitution or laws of the United States.  The commission

_4  may adopt procedures it deems appropriate to obtain submissions

_5  from interested parties on the issues raised by the measures.

_6      NEW SECTION. Sec. 3.  If a majority of the commission finds

_7  that, as a matter of settled law, there is a significant

_8  likelihood the measure may be contrary to the state Constitution

_9  or the Constitution or laws of the United States it shall prepare

10  a statement for inclusion in the voters' pamphlet that lists the

11  potential challenges.  The statement will appear adjacent to the

12  ballot measure summary prepared by the attorney general and must

13  be clearly identified as the statement of the initiative review

14  commission.  The statement must include a statement that the

15  commission's findings are preliminary and not binding on any party

16  or court.

17      NEW SECTION. Sec. 4.  The legislature shall appropriate funds to

18  enable the commission to carry out its duties.  Members will receive

19  one hundred dollars of compensation for each day spent in the

20  performance of their duties.  RCW 43.03.050 and 43.03.060 apply to

21  the members of the commission and counsel or staff retained by the

22  commission.

23      NEW SECTION. Sec. 5.  The commission may retain such legal

24  counsel and administrative staff as necessary to perform its

25  duties.  The commission shall determine the compensation for counsel

26  and administrative staff.

27      NEW SECTION. Sec. 6.  Sections 1 through 5 of this act are added

28  to chapter 29.79 RCW.

‑‑‑ END ‑‑‑

SB 5136                        p. 2