AN ACT Relating to strengthening the initiative process by providing for more comprehensive review before initiatives receive ballot titles; amending RCW 29A.72.010, 29A.72.020, 29A.72.030, and 43.07.120; adding new sections to chapter 29A.72 RCW; and creating a new section.

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

However, that power has become undermined in recent years. Initiatives passed by the people have been subsequently overturned by courts due to deficiencies in the drafting of those measures. This comes at expense to taxpayers and undermines public confidence in the initiative process.

Initiatives must increasingly be supported by powerful special interests to reach the ballot. This contravenes the original purpose of the initiative process, which is to allow citizens to participate in the legislative process.

The legislature finds that more robust review of proposed initiative measures before filing is needed for the following purposes: (1) To improve the quality of initiative drafting; (2) to end the cycle of unconstitutional initiatives passed by voters, but struck down by courts; (3) to reduce the burdens for ordinary citizens seeking to file initiatives; and (4) to return initiatives to their original purpose as a counterweight to powerful interests who dominate the legislative process.

Sec. 2.  RCW 29A.72.010 and 2015 c 72 s 10 are each amended to read as follows:

If any legal voter of the state, either individually or on behalf of an organization, desires to petition the legislature to enact a proposed measure, or submit a proposed initiative measure to the people, or order that a referendum of all or part of any act, bill, or law, passed by the legislature be submitted to the people, he or she shall file with the secretary of state:

(1) A legible copy of the measure proposed, or the act or part of such act on which a referendum is desired;

(2) If the measure proposed is an initiative, a plain statement of the intent of the measure;

(3) A signed affidavit, or electronic submission, that the sponsor is a registered voter; and

(((3))) (4) A filing fee prescribed under RCW 43.07.120.

Sec. 3.  RCW 29A.72.020 and 2003 c 111 s 1803 are each amended to read as follows:

(1) Upon receipt of a proposed initiative measure, and before giving it a serial number, the secretary of state shall submit a copy ((thereof)) of the proposed initiative measure and the sponsor's statement of intent to the office of the code reviser and the office of the attorney general and give notice to the sponsor of such transmittal.

(2) Upon receipt of the measure and the sponsor's statement of intent, the assistant code reviser to whom it has been assigned may confer with the sponsor and shall within ((seven working)) forty-five days from its receipt, review the proposal and recommend to the sponsor such revision or alteration of the measure as may be deemed necessary and appropriate, including:

(3) Upon receipt of the measure and the sponsor's statement of intent, the assistant attorney general to whom it has been assigned may confer with the sponsor and shall within forty-five days from its receipt, review the proposal and provide to the sponsor an assessment of whether the proposed measure is drafted in a manner that complies with the Washington state and United States Constitutions.

(4) The recommendations of the code reviser's office and the attorney general are advisory only, and the sponsor may accept or reject them in whole or in part. The code reviser and the attorney general shall each issue a certificate of review certifying that he or she has reviewed the measure and that any recommendations have been communicated to the sponsor. ((The)) Each certificate must contain such recommendations and be issued whether or not the sponsor accepts such recommendations. ((Within fifteen working days after notification of submittal of the proposed measure to the code reviser's office, the sponsor, if he or she desires to proceed with sponsorship, shall file the measure together with the certificate of review with the secretary of state for assignment of a serial number, and the secretary of state shall then submit to the code reviser's office a certified copy of the measure filed. Upon submission of the proposal to the secretary of state for assignment of a serial number, the secretary of state shall refuse to make such assignment unless the proposal is accompanied by a certificate of review.))

NEW SECTION.  Sec. 4.  A new section is added to chapter 29A.72 RCW to read as follows:

(1) After receipt of recommendations from the code reviser and the attorney general, the sponsor may amend the proposed initiative measure. Within seven days of receipt of both certificates of review under RCW 29A.72.020(4), the sponsor, if he or she desires to proceed with sponsorship, must file the proposed measure with both certificates of review with the secretary of state, regardless of whether the sponsor has amended the measure language in response to the recommendations of the code reviser and the attorney general.

(2) Upon submission of the measure and the certificates of review to the secretary of state, the secretary of state must publish the draft measure, along with the sponsor's statement of intent and the recommendations of the code reviser under RCW 29A.72.020(2), for a public review and comment process. The public review and comment process shall last twenty-eight days from submission of the measure and certificates of review. Any interested person may provide comment on the draft measure to the secretary of state.

(3) At the end of the public review and comment process, the secretary of state shall provide all comments received on the proposed measure to the sponsor. The sponsor may amend the proposed initiative measure in response to comments received during the public review and comment process. Upon request, the office of the code reviser may assist the sponsor.

(4) After the close of the public review and comment process, the sponsor, if he or she desires to proceed with sponsorship, must file the measure with the secretary of state.

(a) If the language of the measure has not been amended after the code reviser and attorney general have completed their reviews of the measure under RCW 29A.72.020, the secretary of state shall assign the measure a serial number and then submit to the code reviser's office a certified copy of the measure filed.

(b) If the language of the measure has been amended after the code reviser and attorney general have completed their reviews of the measure under RCW 29A.72.020, the secretary of state shall transmit a copy of the measure to the attorney general, who shall review the certified copy of the measure and, within seven days, determine whether it is drafted in a manner that complies with the Washington state and United States Constitutions. The attorney general shall submit a certification of this determination to the sponsor and the secretary of state. If the attorney general determines that the proposed measure is not compliant with the Washington state and United States Constitutions, the sponsor may amend the measure and resubmit it in accordance with RCW 29A.72.010, except that the sponsor shall not be required to pay an additional filing fee. If the sponsor does not wish to further amend the measure, he or she shall notify the secretary of state, who shall assign the measure a serial number and then submit to the code reviser's office a certified copy of the measure filed.

NEW SECTION.  Sec. 5.  A new section is added to chapter 29A.72 RCW to read as follows:

Any person may seek a declaratory judgment that a proposed initiative measure is unconstitutional on its face within thirty days after a measure is submitted to the secretary of state for assignment of a serial number. The action must be filed in the superior court of Thurston county. The action may only allege that the measure is unconstitutional on its face and may not require issues of fact to be resolved or the development of a record. The superior court shall issue its decision within ninety days of the filing of the action.

Sec. 6.  RCW 29A.72.030 and 2003 c 111 s 1804 are each amended to read as follows:

(1) Initiative measures proposed to be submitted to the people must be filed with the secretary of state within ((ten)) eighteen months prior to the election at which they are to be submitted, and the signature petitions must be filed with the secretary of state not less than four months before the next general statewide election.

(2) Initiative measures proposed to be submitted to the legislature must be filed with the secretary of state within ((ten)) fifteen months prior to the next regular session of the legislature at which they are to be submitted, and the signature petitions must be filed with the secretary of state not less than ten days before such regular session of the legislature.

(3) A referendum measure petition ordering that any act or part of an act passed by the legislature be referred to the people must be filed with the secretary of state within ninety days after the final adjournment of the legislative session at which the act was passed. It may be submitted at the next general statewide election or at a special election ordered by the legislature.

(4) A proposed initiative or referendum measure may be filed no earlier than the opening of the secretary of state's office for business pursuant to RCW 42.04.060 on the first day filings are permitted, and any initiative or referendum petition must be filed not later than the close of business on the last business day in the specified period for submission of signatures. If a filing deadline falls on a Saturday, the office of the secretary of state must be open for the transaction of business under this section from 8:00 a.m. to 5:00 p.m. on that Saturday.

Sec. 7.  RCW 43.07.120 and 2015 c 176 s 8101 are each amended to read as follows:

(1) The secretary of state must establish by rule and collect the fees in this subsection:

(a) For a copy of any law, resolution, record, or other document or paper on file in the secretary's office;

(b) For any certificate under seal;

(c) For filing and recording trademark;

(d) For each deed or patent of land issued by the governor;

(e) For recording miscellaneous records, papers, or other documents.

(2) The secretary of state may adopt rules under chapter 34.05 RCW establishing reasonable fees for the following services rendered under chapter 23.95 RCW, Title 23B RCW, chapter 18.100, 19.09, 19.34, 19.77, 23.86, 23.90, 24.03, 24.06, 24.12, 24.20, 24.24, 24.28, 24.36, 25.04, 25.15, 25.10, 25.05, or 26.60 RCW:

(a) Any service rendered in-person at the secretary of state's office;

(b) Any expedited service;

(c) The electronic or facsimile transmittal of information from corporation records or copies of documents;

(d) The providing of information by micrographic or other reduced-format compilation;

(e) The handling of checks, drafts, or credit or debit cards upon adoption of rules authorizing their use for which sufficient funds are not on deposit; and

(f) Special search charges.

(3) For each initiative to the people or initiative to the legislature, the secretary of state shall collect a filing fee of five hundred dollars.

(4) To facilitate the collection of fees, the secretary of state may establish accounts for deposits by persons who may frequently be assessed such fees to pay the fees as they are assessed. The secretary of state may make whatever arrangements with those persons as may be necessary to carry out this section.

(((4))) (5) The secretary of state may adopt rules for the use of credit or debit cards for payment of fees.

(((5))) (6) No member of the legislature, state officer, justice of the supreme court, judge of the court of appeals, or judge of the superior court may be charged for any search relative to matters pertaining to the duties of his or her office; nor may such official be charged for a certified copy of any law or resolution passed by the legislature relative to his or her official duties, if such law has not been published as a state law.

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