2020 Regular Session

ByRepresentatives Vick, Walsh, Hoff, and Kretz

Read first time 01/28/20.Referred to Committee on Civil Rights & Judiciary.

AN ACT Relating to prohibiting local governments from suing over statewide ballot measures; and amending RCW 7.24.010 and 7.40.020.

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

Sec. 1. RCW 7.24.010 and 1937 c 14 s 1 are each amended to read as follows:

((Courts))(1) Except as provided in subsection (2) of this section, courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. An action or proceeding shall not be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.

(2) A county, city, town, special district, or other local government entity may not obtain a declaratory judgment about its rights, status, or other legal relations with respect to a statewide ballot measure.

Sec. 2. RCW 7.40.020 and 2011 c 336 s 194 are each amended to read as follows:

When it appears by the complaint that the plaintiff is entitled to the relief demanded and the relief, or any part thereof, consists in restraining the commission or continuance of some act, the commission or continuance of which during the litigation would produce great injury to the plaintiff; or when during the litigation, it appears that the defendant is doing, or threatened, or is about to do, or is procuring, or is suffering some act to be done in violation of the plaintiff's rights respecting the subject of the action tending to render the judgment ineffectual; or where such relief, or any part thereof, consists in restraining proceedings upon any final order or judgment, an injunction may be granted to restrain such act or proceedings until the further order of the court, which may afterwards be dissolved or modified upon motion. However, in no circumstance may a county, city, town, special district, or other local government obtain an injunction to restrain a statewide ballot measure. And where it appears in the complaint at the commencement of the action, or during the pendency thereof, by affidavit, that the defendant threatens, or is about to remove or dispose of his or her property with intent to defraud his or her creditors, a temporary injunction may be granted to restrain the removal or disposition of his or her property.