HOUSE BILL REPORT
EHB 959
BYRepresentatives L. Smith, Haugen, Ferguson, Bumgarner and Brough
Specifying powers of initiative and referendum for cities and towns.
House Committe on Local Government
Majority Report: Do pass. (8)
Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Beck, Bumgarner, Ferguson, Nealey, Nelson and L. Smith.
Minority Report: Do not pass. (4)
Signed by Representatives Hine, Madsen, Nutley and Rayburn.
House Staff:Steve Lundin (786-7127)
AS PASSED HOUSE MARCH 18, 1987
BACKGROUND:
The state constitution grants voters in the state the powers of initiative and referendum on state matters. No constitutional provisions grant voters in a local government the powers of initiative and referendum on local matters.
A city or county charter may grant the city or county voters the powers of initiative or referendum on city or county matters.
Statutes grant the voters of any non-code city or town, that operates with a commission form of government, the powers of initiative and referendum on city or town matters. At present no city or town of this description exists.
Statutes permit the voters of any code city to obtain the powers of initiative or referendum on city matters if: (1) the voters possessed these powers prior to becoming a code city; (2) if the city council grants these powers either at the time of becoming a code city or anytime thereafter; or (3) if city voters petition for such powers, and then approve a ballot proposition granting these powers.
SUMMARY:
The voters of any city or town with a population in excess of 500 that currently do not possess the powers of initiative and referendum on city or town matters are granted these the powers of initiative and referendum on city or town matters. The procedures for and limitations on these powers are the same as those that exist for code cities, except that the petition may be printed on paper of any color. These procedures include a petition signature requirement of at least 15 percent of the number of registered voters in the city or town at the last city general election.
Landuse and zoning decisions may not be subjected to initiative and referendum under these laws. Initiative and referendum action in second class cities, third class cities, and towns is limited to powers expressly granted to the city or town.
EFFECT OF SENATE AMENDMENT(S): (1) The voters of code cities with a population of less than 500 are granted the powers of initiative and referendum on city matters. (2) A correction is made concerning lawsuits challenging a county auditor's determination that a petition bears an insufficient number of signatures.
Fiscal Note: Not Requested.
House Committee ‑ Testified For: Jim and Corrine Gilroy, Citizens for Better Government; and Dorothy Pointer, GASP.
House Committee - Testified Against: Frank DeShirlia, Mayor of Battleground.
House Committee - Testimony For: Voters should automatically possess these powers. Voters believe that they already possess these powers. City officials believe the powers already exist. Voters of any city or town already can vote to change the city or town to a code city, and vote to obtain the powers of initiative and referendum. Trust the voters.
House Committee - Testimony Against: Trouble could arise in some small cities or towns with very few voters. Three or four disgruntled voters could stymie a small city by causing frequent initiatives and referendums. A small number could force big expenditures for programs without providing the revenues. Voters should petition to obtain these powers and should not automatically have these powers.
VOTE ON FINAL PASSAGE:
Yeas 63; Nays 33; Absent 1; Excused 1
Voting Nay: Representatives Allen, Armstrong, Basich, Baugher, Belcher, Braddock, Cole, Crane, Day, Fisher, Hankins, Heavey, Hine, Jesernig, Kremen, Leonard, Locke, Lux, Madsen, McMullen, Meyers, Niemi, Nutley, O'Brien, Rasmussen, Rayburn, Rust, Sayan, Spanel, Todd, Unsoeld, Valle and Wineberry
Absent: Representative Scott
Excused: Representative May