SENATE 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

Senate Committee on Governmental Operations

Senate Hearing Date(s):April 2, 1987

Majority Report:     Do pass as amended.

     Signed by Senators Halsan, Chairman; Garrett, Vice Chairman; Dejarnatt, McCaslin, Pullen, Talmadge, Zimmerman.

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

                April 2, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, APRIL 2, 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.

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.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The authority to have the powers of initiative and referendum for code cities with a population under 500 is preserved.  When actions may be taken against the county auditor is clarified.

Fiscal Note:    none requested

Senate Committee - Testified:   Senator Joe Tanner; Representative Linda Smith