BILL REQ. #:  S-0245.1 

Read first time 01/25/2007.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to facilitating the statewide initiative and referendum processes under Article II, section 1 of the state Constitution; amending RCW 29A.32.070, 29A.72.250, and 29A.72.260; adding a new chapter to Title 29A RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   LEGISLATIVE INTENT. The legislature affirms the state's long-standing policy of promoting informed public discussion and understanding of statewide ballot measures and declares that it is in the best interests of the state to provide for an independent and impartial analysis of those measures to be made available to voters so that they may thoughtfully evaluate the measures. In support of these declarations, the legislature makes the following findings:
     (1) In Article II, section 1 of the state Constitution, the people of the state of Washington reserved the right to initiate and vote on legislation through the initiative and referendum processes;
     (2) It is the long-standing policy of the state and an underlying premise of democratic government that informed public discussion will enhance the direct legislation process. This is supported by recent studies and surveys, presented to the legislature, suggesting that review by an impartial and independent panel of Washington voters would lead to better, more informed public discussion and would thus enhance the direct legislation process;
     (3) The most effective way to make available this type of independent and impartial information is for the state to convene panels of voters, demographically representative of the state as a whole, who will study and evaluate ballot measures through a quasi-legislative hearing process, and to make the panels' findings public by inclusion in the voters' pamphlet.

NEW SECTION.  Sec. 2   CITIZENS INITIATIVE REVIEW COMMISSION CREATED; GOVERNING BOARD. The citizens initiative review commission is created as an independent commission within the legislative branch of government. The commission's purpose is to ensure that citizens panels are convened as specified in this chapter; that the activities of these panels are conducted in a fair and impartial manner; that the funds of the commission are spent efficiently and effectively; and that appropriate training is provided to the panels, the panel moderators, and commission staff. The board of commissioners shall consist of twelve commissioners appointed to serve as follows:
     (1)(a) Except as provided in (b) of this subsection, each commissioner's term shall be three years. The governor, the attorney general, and the secretary of state shall each appoint one commissioner. Six commissioners shall be chosen by the evaluation panels from among the former citizen panelists, in accordance with section 7(2)(d) of this act. Three commissioners shall be chosen by the panel of moderators from among former moderators in accordance with section 7(3)(d) of this act. The terms of the commissioners shall be staggered so that four commissioner terms expire each year.
     (b) The commissioners appointed to the initial board shall be appointed and serve in accordance with section 12 of this act.
     (2) Commissioners must be registered voters of the state of Washington and may not serve in any publicly elected office while serving on the commission.
     (3) Commissioners shall take office on January 1st of each year, except in the case of the initial board appointed in accordance with subsection (1)(b) of this section. Each commissioner shall serve until a successor is appointed and takes office. Vacancies shall be filled by appointment in the same manner as for the commissioner so vacating. If a vacancy results other than from expiration of a term, the vacancy shall be filled for the unexpired term. Commissioners may not be appointed to successive terms, except that if a commissioner is appointed to fill an unexpired term of two years or less, or if an initial commissioner is appointed to a one or two-year term, he or she may also fill the next successive term.
     (4) No commissioner may permit his or her name to be used or make any campaign contribution in support of or opposition to any statewide ballot measure.
     (5) The commission shall meet at least three times per year and may appoint its own chair, vice-chair, and other officers and committees as it deems appropriate and make rules for orderly procedure.
     (6) Commissioners shall be compensated for their attendance at commission meetings and reimbursed for their travel expenses related to attendance at those meetings, in the same manner as citizen panelists under section 4(3) of this act.
     (7) The commission shall make all rules facilitating the conduct of the commission and its activities under this chapter.

NEW SECTION.  Sec. 3   CITIZENS INITIATIVE REVIEW COMMISSION POWERS. The citizens initiative review commission has the following powers:
     (1) To select and employ an executive director and such research, technical, and clerical personnel and consultants as the commission deems necessary, whose salaries shall be fixed by the commission, and who are exempt from the provisions of the state civil service law, chapter 41.06 RCW;
     (2) To make any contracts necessary or incidental to the performance of its duties and the execution of its powers, including contracts with public and private agencies, organizations, corporations, and individuals, and to pay for services rendered or furnished;
     (3) To make such rules as are necessary to carry out its responsibilities, including, without limitation, rules to ensure that each panel and its panelists are able to carry out their responsibilities under this chapter in a manner that is fair and impartial and is reasonably perceived to be fair and impartial;
     (4) To lease, purchase or otherwise contract for the use of real or personal property or any interest therein, as it finds necessary to carry out the activities conducted under this chapter; and
     (5) To do other acts and things necessary or convenient to execute the authority expressly granted to it.

NEW SECTION.  Sec. 4   CITIZENS PANELS. Beginning in 2008, a citizens panel shall be convened not more than forty-five days after the citizens initiative review commission receives a certificate of sufficiency from the secretary of state regarding a statewide ballot measure. One panel shall be convened for each measure so certified.
     (1) Each citizens panel shall consist of twenty-four registered Washington voters. The commission shall provide for alternate panelists as it deems appropriate. The commission shall adopt rules for selection of panelists that: (a) Provide for the anonymous selection of panelists from a representative sample of Washington voters, using survey sampling methods that, to the extent practicable, give every Washington voter a similar chance of being selected; and (b) ensure, to the extent practicable and legally permissible, that the demographic makeup of each panel fairly reflects the population of the state as a whole, with respect to characteristics including but not limited to age, education, and geographic location.
     (2) The commission shall adopt such uniform rules regarding service on a citizens panel as the commission deems appropriate in order to keep the citizens panel process from being unduly influenced by persons having special knowledge of or a special interest in the ballot measure being evaluated. These rules shall provide, as an example and not by way of limitation, that: (a) Persons who have made a contribution in support of or in opposition to a ballot measure, or who receive compensation for their efforts in support of or opposition to a ballot measure, may not serve on a panel evaluating that measure; and (b) persons who hold a statewide elective office or serve as a commissioner on a state board or head of a state agency may not serve on any citizens panel.
     (3) Compensation shall be paid to each panelist per day served. This per diem payment shall be calculated based on an eight-hour day paid at the mean hourly wage for all occupations as published in the most recent Washington state occupational employment and wage estimates using the occupational employment statistics data collected by the United States department of labor's bureau of labor statistics. Each panelist shall also be reimbursed for travel expenses in accordance with reimbursement policies established by the commission.
     (4) From the time of his or her appointment through the conclusion of the citizens panel's activities, no panelist may at any time permit his or her name to be used, or make any contribution, in support of or opposition to any ballot measure reviewed by that panelist. Persons serving on a citizens panel shall comply with the appearance of fairness doctrine provisions as described in RCW 42.36.060, 42.36.080, and 42.36.090 as if the panelists were members of a decision-making body in proceedings subject to that statute. However, neither the appearance of fairness doctrine nor chapter 42.36 RCW may form the basis of any challenge to any report submitted by a citizens panel. A citizens panel is not an agency of the state, the commission, or any other governmental body and is exempt from chapters 42.30 and 42.56 RCW.

NEW SECTION.  Sec. 5   CITIZENS PANEL PROCESS; DISTRIBUTION OF REPORTS. (1) Each citizens panel shall meet for five days, during which time its activities shall be moderated by two moderators, chosen in accordance with section 8 of this act, and supported by citizens initiative review commission staff. Each panel shall conduct its activities as follows:
     (a)(i) Each panel shall hold open public hearings, which may be interspersed with the small group work sessions described under (b) of this subsection. During these public hearings, a team of proponents and a team of opponents, each identified pursuant to section 6(3) of this act, shall be given equal time within which to present its arguments and supporting information, including but not limited to presentations given by persons of its choosing. The public hearings shall also provide time for discussion among panelists and shall provide the panelists with time to question the proponents' team, the opponents' team, and any other person who has provided a presentation to the panel.
     (ii) The office of financial management shall provide, at the public hearings, an analysis of the fiscal impact of the measure prepared pursuant to RCW 29A.72.025.
     (iii) The commission shall adopt rules to permit the panelists, by majority vote of the citizens panel, to request additional background information or presentations to be provided in the public hearings. Panelists shall be permitted to choose from sources identified by commission staff, which include each person who has registered with the commission as interested in providing information or a presentation, and such additional persons or sources as may meet the criteria established by the commission.
     (b)(i) The panelists shall meet in small group work sessions, which may be interspersed with the public hearings described under(a) of this subsection. The work sessions shall be attended only by the panelists, moderators, and commission staff.
     (ii) A final report on the measure, as described in subsection (2) of this section, shall be prepared in small group work sessions. A report is final once each component has been submitted by its authors as described in subsection (2) of this section. No final report or any component is subject to revision by the panel as a whole, the commission, or any other governmental body. No person has any right to appeal or challenge a report or any component of a report except as described in RCW 29A.32.090.
     (c) The panel shall adjourn once the citizens panel report is final and the panelists have chosen members to participate on an evaluation panel as described in section 7 of this act.
     (2) The report shall be prepared in a form provided by commission staff, which includes the following:
     (a) The ballot title and full text of the ballot measure;
     (b) Position statements of not more than two hundred fifty words, explaining the reasoning and position taken by the group of panelists in favor of the measure, by those opposed to the measure, and by those undecided on the measure. Each group shall author one position statement representing the consensus of that group. The position statement shall identify the number of panelists taking that position, and no position statement is required for a position if no panelists take that position.
     (c) A panel consensus statement of not more than one hundred fifty words explaining the points, if any, upon which all panelists agree;
     (d) The following disclaimer: "The statements and opinions expressed are those of the panel members, developed through the citizens panel process. These are NOT official opinions or positions endorsed by the state, the citizens initiative review commission, or any government agency. The state is prohibited from editing or redacting the content of these statements. A citizens panel is not a judge of the constitutionality or legality of any ballot measure, and any statements about such matters are not binding on any court of law."
     (3) After each citizens panel report is final, the commission staff shall:
     (a) Within two business days, transmit to the secretary of state for inclusion in the voters' pamphlet, in accordance with RCW 29A.32.070, the serial number identifying the ballot measure evaluated and the information described in subsection (2)(b) through (d) of this section; and
     (b) Within fifteen business days, make available on a commission web site the final report and such other information as the commission may by general rule require.

NEW SECTION.  Sec. 6   PROCEDURES FOR CITIZENS PANELS. (1) The citizens initiative review commission shall adopt rules to ensure that citizens panels are conducted in a fair and impartial manner, including, at a minimum, provisions for the release of citizens panel reports and media relations. To facilitate the process of convening citizens panels in a timely manner, the rules may provide for panelist selection and notification to begin before ballot measures are certified. The rules must provide for instruction to panelists regarding use of information gathered outside of the panel proceedings.
     (2) No more than one week after receiving a certification under RCW 29A.72.250 or 29A.72.260, the commission must provide notice to the sponsor of the ballot measure, to every person who has requested notification of ballot title language under RCW 29A.72.070, to the persons chosen to write arguments for the voters' pamphlet pursuant to RCW 29A.32.060, and to any other person who makes written request to the commission for such notification. This notice must include the dates, time, and place of the hearings and must explain how to register to provide information or a presentation to the panel. Information regarding the persons who so register will be provided to the citizens panel, and those persons may be called by the panel during the open public hearings at the discretion of the panel. The notice shall establish a deadline for registration that is two weeks prior to the date the citizens panel is scheduled to convene.
     (3)(a) The sponsor of a ballot measure, as registered with the secretary of state, shall serve as the leader of a proponent team, who shall be charged with providing to the citizens panel information and presentations in favor of the ballot measure. In the case of a measure referred or proposed by the legislature, the proponent team leader shall be chosen from among those writing the voters' pamphlet statement in favor of the measure in the same manner as the opponent team leader is chosen in (b) of this subsection.
     (b) The members of the committee chosen pursuant to RCW 29A.32.060 to prepare a statement for the voters' pamphlet in opposition to the measure shall be notified of the opportunity to serve as leader of the opponent team. If no individual from this group volunteers to serve, or if more than one individual volunteers to serve, the commission staff shall attempt to facilitate an agreement among those individuals as to who should lead the team. If no decision can be reached among the individuals, commission staff shall choose a team leader. No person has the right to appeal or challenge the choice of team leader.
     (4) Prior to the date that the citizens panel convenes, commission staff must prepare an agenda for the citizens panel proceedings, including the agendas or outlines submitted by each team, and send that schedule to each panelist and to each person to whom notice was sent under subsection (2) of this section.

NEW SECTION.  Sec. 7   EVALUATION PROCEDURES. (1) The citizens initiative review commission shall annually evaluate the conduct of the citizens panels. To facilitate this evaluation, the commission shall, after the statewide general election each year that a citizens panel was convened:
     (a) Conduct a statewide study of Washington voters and collect other data to determine the usefulness of the citizens panels and their reports, the results of which must be made public; and
     (b) Convene no later than February 1st of the following year, an evaluation panel in accordance with subsection (2) of this section, and a moderator panel in accordance with subsection (3) of this section.
     (2)(a) Prior to convening the first citizens panel in a calendar year, the executive director, or in the absence of an executive director the commission, shall choose the number of citizen panelists that comprise the evaluation panel. The number chosen must be between eight and eighteen and must be based on the number of expected ballot measures, so that each citizens panel elects, pursuant to section 5(1)(c) of this act, an equal number of its members to serve on the evaluation panel.
     (b) The evaluation panel shall meet for not more than three days to conduct its review. The evaluation panel shall submit a report and may make recommendations to the commission on all procedural aspects of the citizens panel proceedings.
     (c) Panelists serving on the evaluation panel shall be compensated for their attendance at evaluation panel meetings and reimbursed for their travel expenses in the same manner as citizen panelists under section 4(3) of this act.
     (d) The evaluation panel shall choose two of its members to serve on the commission for a three-year term, in accordance with section 2 of this act.
     (3) In each year in which a citizens panel is convened, the commission shall convene a panel of moderators to meet no later than February 1st of the following year.
     (a) The panel of moderators shall consist of all those who served as moderators of the citizens panels for the most recent election cycle.
     (b) The panel of moderators shall meet for one or two days to conduct its review. They shall submit a report and may make recommendations to the commission on all procedural aspects of the citizens panel proceedings.
     (c) Panelists shall be compensated for their attendance at moderator panel meetings at the same daily rate they were paid as moderators of the citizens panels, and reimbursed for their travel expenses in the same manner as citizen panelists under section 4(3) of this act.
     (d) The panel of moderators shall choose one of its members to serve on the commission for a three-year term, in accordance with section 2 of this act.

NEW SECTION.  Sec. 8   CITIZENS' PANEL MODERATORS. (1) The citizens initiative review commission shall establish minimum qualifications for citizens panel moderators, including but not limited to: (a) Minimum levels of experience in facilitation or mediation and completion of at least two days of training specifically designed for moderators of citizens panels under this chapter; and (b) such additional qualifications as the commission deems appropriate in order to ensure that the citizens panel process is conducted in a fair and impartial manner.
     (2) The commission shall request the qualifications of potential moderators and shall designate a pool of moderators. The commission shall contract with two moderators for each citizens panel to be convened. The contract for services shall cover compensation for the moderators for their services in preparation for a citizens panel, moderating a citizens panel, and participating on the subsequent panel of moderators.
     (3) No moderator may at any time permit his or her name to be used, or make any contribution, in support of or opposition to the ballot measure reviewed by the citizens panel he or she is involved with moderating.

Sec. 9   RCW 29A.32.070 and 2003 c 111 s 807 are each amended to read as follows:
     The secretary of state shall determine the format and layout of the voters' pamphlet. The secretary of state shall print the pamphlet in clear, readable type on a size, quality, and weight of paper that in the judgment of the secretary of state best serves the voters. The pamphlet must contain a table of contents. Federal and state offices must appear in the pamphlet in the same sequence as they appear on the ballot. Measures and arguments must be printed in the order specified by RCW 29A.72.290.
     The voters' pamphlet must provide the following information for each statewide issue on the ballot:
     (1) The legal identification of the measure by serial designation or number;
     (2) The official ballot title of the measure;
     (3) A statement prepared by the attorney general explaining the law as it presently exists;
     (4) A statement prepared by the attorney general explaining the effect of the proposed measure if it becomes law;
     (5) The fiscal impact statement prepared under RCW ((29.79.075)) 29A.72.025;
     (6) The total number of votes cast for and against the measure in the senate and house of representatives, if the measure has been passed by the legislature;
     (7) An argument advocating the voters' approval of the measure together with any statement in rebuttal of the opposing argument;
     (8) An argument advocating the voters' rejection of the measure together with any statement in rebuttal of the opposing argument;
     (9) Each argument or rebuttal statement must be followed by the names of the committee members who submitted them, and may be followed by a telephone number that citizens may call to obtain information on the ballot measure;
     (10) The information received from the citizens initiative review commission under section 5(3)(a) of this act; and
     (11) The full text of each measure.

Sec. 10   RCW 29A.72.250 and 2003 c 111 s 1825 are each amended to read as follows:
     If a referendum or initiative petition for submission of a measure to the people is found sufficient, the secretary of state shall:
     (1) Immediately upon each such finding of sufficiency, provide to the citizens initiative review commission, created under section 2 of this act, the serial number and ballot title of that ballot measure; and
     (2) At the time and in the manner that he or she certifies to the county auditors of the various counties the names of candidates for state and district officers certify to each county auditor the serial numbers and ballot titles of the several initiative and referendum measures to be voted upon at the next ensuing general election or special election ordered by the legislature.

Sec. 11   RCW 29A.72.260 and 2003 c 111 s 1826 are each amended to read as follows:
     Whenever any measure proposed by initiative petition for submission to the legislature is rejected by the legislature or the legislature takes no action thereon before the end of the regular session at which it is submitted, the secretary of state shall certify the serial number and ballot title thereof to the citizens initiative review commission created under section 2 of this act and to the county auditors for printing on the ballots at the next ensuing general election in like manner as initiative measures for submission to the people are certified.

NEW SECTION.  Sec. 12   APPOINTMENT OF INITIAL BOARD OF COMMISSIONERS. The initial commissioners shall be appointed and serve as follows:
     (1) The governor, the secretary of state, and the attorney general shall each appoint one commissioner. These commissioners shall be randomly assigned to a one, two, or three-year term.
     (2) The three initial commissioners occupying the moderators' seats shall be appointed by the governor, the secretary of state, and the attorney general, choosing from a list of trained moderators that has been provided by a nonprofit organization registered under section 501(c)(3) of the internal revenue code that has conducted pilot projects in Washington state using methods similar to the citizens panel review process, which pilot projects have drawn together microcosms of the public for meetings lasting for more than one full day. If more than one organization meeting these criteria provides a list, the first three commissioners shall choose which list to use. The commissioners appointed pursuant to this subsection shall be randomly assigned to a one, two, or three-year term.
     (3) Of the six citizen panelist seats, only four shall be filled initially. The majority and minority leaders of the house of representatives and senate shall each appoint one of the commissioners from a list of persons provided by the nonprofit organization described in subsection (2) of this section. Each of these initial commissioners shall be assigned to a two or three-year term, so that two seats expire in each year. The remaining two citizen panelist seats shall be filled by individuals chosen by the first evaluation panel.

NEW SECTION.  Sec. 13   CODIFICATION. Sections 1 through 8 and 12 of this act constitute a new chapter in Title 29A RCW.

NEW SECTION.  Sec. 14   CAPTIONS. Captions used in this act are not any part of the law.

NEW SECTION.  Sec. 15   SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.