2019 Regular Session

ByRepresentatives Walsh and Rude

Prefiled 12/06/18.Read first time 01/14/19.Referred to Committee on State Government & Tribal Relations.

AN ACT Relating to amendatory format requirements for text of initiatives; and amending RCW 29A.72.010, 29A.72.020, 29A.72.100, and 29A.72.170.

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

Sec. 1. 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 in the amendatory format required under RCW 29A.72.100, or the act or part of such act on which a referendum is desired;

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

(3) A filing fee prescribed under RCW 43.07.120.

Sec. 2. RCW 29A.72.020 and 2003 c 111 s 1803 are each amended to read as follows:

Upon receipt of a proposed initiative measure, and before giving it a serial number, the secretary of state shall submit a copy thereof to the office of the code reviser and give notice to the sponsor of such transmittal. Upon receipt of the measure, the assistant code reviser to whom it has been assigned may confer with the sponsor and shall within seven working 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. Except for recommendations directly relating to the amendatory format required under RCW 29A.72.100, the recommendations of the code reviser's office are advisory only, and the sponsor may accept or reject them in whole or in part. The sponsor must accept the recommendations of the code reviser's office that directly relate to the amendatory format required under RCW 29A.72.100. The code reviser shall 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 certificate must 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, in the amendatory format as required under RCW 29A.72.100, 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.

Sec. 3. RCW 29A.72.100 and 2003 c 111 s 1811 are each amended to read as follows:

(1) The person proposing the measure shall print blank petitions upon single sheets of paper of good writing quality (including but not limited to newsprint) not less than eleven inches in width and not less than fourteen inches in length. Each petition at the time of circulating, signing, and filing with the secretary of state must consist of not more than one sheet with numbered lines for not more than twenty signatures, with the prescribed warning and title, be in the form required by RCW 29A.72.110, 29A.72.120, or 29A.72.130, and have a readable, full, true, and correct copy of the proposed measure printed on the reverse side of the petition consistent with the amendatory format required under subsection (2) of this section.

(2) The proposed measure printed on the reverse side of the petition must be in the following format:

(a) Language proposed for deletion enclosed by double parentheses with a line through the language proposed for deletion.

(b) Proposed new language underlined, except for new sections as described under (c) of this subsection.

(c) Proposed new sections preceded by the caption "NEW SECTION." typed in capital letters and underlined, including the period. The language of these proposed new sections is not underlined.

Sec. 4. RCW 29A.72.170 and 2003 c 111 s 1818 are each amended to read as follows:

The secretary of state may refuse to file any initiative or referendum petition being submitted upon any of the following grounds:

(1) That the petition does not contain the information required by RCW 29A.72.110, 29A.72.120, or 29A.72.130.

(2) That the petition clearly bears insufficient signatures.

(3) That the time within which the petition may be filed has expired.

(4) That the proposed measure printed on the reverse side of the petition pursuant to RCW 29A.72.100 does not follow the amendatory format required under RCW 29A.72.100.

In case of such refusal, the secretary of state shall endorse on the petition the word "submitted" and the date, and retain the petition pending appeal.

If none of the grounds for refusal exists, the secretary of state must accept and file the petition.

NEW SECTION. Sec. 5. 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.