SENATE BILL REPORT

SB 6348

BYSenators Smith, Zimmerman, Craswell, Halsan and Anderson

Changing requirements relating to the powers of initiative and referendum in cities and towns.

Senate Committee on Governmental Operations

Senate Hearing Date(s):January 28, 1988

Majority Report:  Do pass.

      Signed by Senators McCaslin, Chairman; Zimmerman, Vice Chairman; DeJarnatt, Halsan, Pullen.

Senate Staff:Eugene Green (786-7405); Sam Thompson (786-7754)

                  January 28, 1988

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, JANUARY 28, 1988

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 voters the powers of initiative or referendum on city or county matters.

Laws 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.

Laws permit the voters of any code city to obtain the powers of initiative or referendum on city matters:  (1) if 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 code or non-code city, and the voters of any town with a population in excess of 500, who currently do not possess the powers of initiative and referendum on city or town matters, are granted these powers on city or town matters.  The procedures for and limitations on these powers are the same as those that currently 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.

Land use 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: No one