AN ACT Relating to the powers of initiative and referendum in cities; amending RCW 35A.11.090, 35.17.260, 35.17.240, 35.17.280, 35.17.290, 35.17.300, 35.17.230, 35.22.200, 35A.29.170, and 39.88.090; adding a new section to chapter 35A.11 RCW; creating a new section; recodifying RCW 35.17.230, 35.17.240, 35.17.260, 35.17.280, 35.17.290, and 35.17.300; and repealing RCW 35.17.250, 35.17.270, 35.17.310, 35.17.320, 35.17.330, 35.17.340, 35.17.350, 35.17.360, and 35A.11.100.

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

NEW SECTION. Sec. 1. The purposes of this act are to permit the application of initiative and referendum powers by city voters on powers and authorities that have been granted by statute to either the city or to the city governing body, and to clarify the initiative and referendum procedures in code cities and cities operating with a commission form of government.

Sec. 2. Section 2, chapter 81, Laws of 1973 1st ex. sess. and RCW 35A.11.090 are each amended to read as follows:

Ordinances of noncharter code cities the qualified electors of which have elected to exercise the powers of initiative and referendum shall not go into effect before thirty days from the time of final passage and are subject to referendum during the interim except:

(1) Ordinances initiated by petition;

(2) Ordinances necessary for immediate preservation of public peace, health, and safety or for the support of city government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the council;

(3) Ordinances providing for local improvement districts or utility local improvement districts;

(4) Ordinances appropriating money;

(5) Ordinances providing for or approving collective bargaining;

(6) Ordinances providing for the compensation of or working conditions of city employees; ((~~and~~))

(7) Ordinances authorizing or repealing the levy of taxes; which excepted ordinances shall go into effect as provided by the general law or by applicable sections of Title 35 or 35A RCW as now or hereafter amended; and

(8) Other matters that have been restricted as provided under RCW 35A.11.080.

The powers of initiative and referendum shall be construed broadly in favor of these powers. Except as expressly provided in this section and as provided under RCW 35A.11.080, referendum action may be taken on any ordinance within the scope of the powers, functions, or duties of the city or city council. Except as expressly provided under RCW 35A.11.080, initiative action may be taken on any subject within the scope of the powers, functions, or duties of the city or city council.

NEW SECTION. Sec. 3. A new section is added to chapter 35A.11 RCW to read as follows:

Initiative and referendum petitions shall be in the form prescribed in RCW 35A.01.040, except for the restriction on the color of paper on which the petition is printed. The minimum number of signatures required by the qualified electors of the city on an initiative or referendum petition is equal to twenty percent of the number of voters within the city who voted at the last preceding city general election.

Initiative or referendum petitions shall be filed with the city clerk, along with the name, address, and telephone number of the person who files the petitions. Immediately upon receipt of the petitions, the city clerk shall forward to the county auditor the petitions and the name, address, and telephone number of the person who submitted the petitions. The auditor shall ascertain the validity of the signatures and certify the sufficiency of the petitions to the city council.

Elections shall be conducted as provided in general election law.

Sec. 4. Section 35.17.260, chapter 7, Laws of 1965 and RCW 35.17.260 are each amended to read as follows:

((Ordinances may be initiated by petition of electors of the city filed with the commission. If the petition accompanying the proposed ordinance is signed by the registered voters in the city equal in number to twenty-five percent of the votes cast for all candidates for mayor at the last preceding city election, and if it contains)) An initiative petition shall contain a request that, unless passed by the ((~~commission~~)) council, the proposed ordinance be submitted to a vote of the people((~~, the commission~~)). Upon receipt of an initiative petition that has been certified by the county auditor as having sufficient valid signatures, the city council shall either:

(1) Pass the proposed ordinance without alteration within ((~~twenty~~)) thirty days after the ((~~city clerk's certificate~~)) county auditor has certified that the number of valid signatures on the petition ((~~are~~)) is sufficient; or

(2) Immediately ((~~after the clerk's certificate of sufficiency is attached to the petition, cause to be called~~)) request that the county legislative authority call a special election to be held ((~~not less than thirty nor more than~~)) at the next special election date provided in RCW 29.13.030 sixty days or more thereafter, for submission of the proposed ordinance without alteration, to a vote of the people ((~~unless a general election will occur within ninety days, in which event submission must be made thereat~~)). The ballot proposition on an initiative shall be stated so that by making one choice a voter can express his or her approval or rejection of the proposed ordinance. Approval of the initiative ballot proposition by a simple majority vote shall result in the proposed ordinance being adopted immediately upon the certification of the election results, unless provided otherwise in the proposed ordinance.

Sec. 5. Section 35.17.240, chapter 7, Laws of 1965 and RCW 35.17.240 are each amended to read as follows:

Upon the filing of a referendum petition, that has been certified as having sufficient valid signatures, praying therefor, the ((~~commission~~)) council shall reconsider an ordinance subject to referendum and upon reconsideration shall defeat it in its entirety or shall submit it to a vote of the people. The operation of an ordinance so protested against shall be suspended until the referendum petition is finally found insufficient or until the ordinance protested against has received a majority of the votes cast thereon at the election. If the council does not defeat the ordinance in its entirety, the council shall request that the county legislative authority call a special election for submission of the referendum to a vote of the people to be held at the next special election date provided in RCW 29.13.030 sixty or more days after the petition has been certified as being sufficient.

Additionally, a city council may pass an ordinance and refer the ordinance to the voters for their approval or rejection.

The ballot proposition on a referendum shall be stated so that by making one choice a voter can express his or her approval or rejection of the referred ordinance. Approval of the referred ordinance by a simple majority vote shall result in the ordinance becoming law immediately upon the certification of the election results, unless provided otherwise in the referred ordinance. Failure to approve the referred ordinance by a simple majority vote shall result in the referred ordinance being rejected in its entirety.

Sec. 6. Section 35.17.280, chapter 7, Laws of 1965 and RCW 35.17.280 are each amended to read as follows:

Within ten days from ((~~the filing of a petition submitting a proposed ordinance the city clerk~~)) receipt of an initiative or referendum petition from a city, the county auditor shall ascertain and append to the petition ((~~his~~)) a certificate stating whether or not it is signed by a sufficient number of ((registered voters, using the registration records and returns of the preceding municipal election for his sources of information, and the commission shall allow him extra help for that purpose, if necessary)) qualified electors. If the signatures are found by the ((~~clerk~~)) auditor to be insufficient, the auditor shall notify the person who submitted the petitions. The petition may be amended in that respect within ten days from the date of the certificate. Within ten days after submission of the amended petition the ((~~clerk~~)) auditor shall make an examination thereof and append ((~~his~~)) a certificate of the sufficiency thereto in the same manner as before. If the second certificate shall also show the number of signatures to be insufficient, the petition shall be returned to the person filing it.

Sec. 7. Section 35.17.290, chapter 7, Laws of 1965 and RCW 35.17.290 are each amended to read as follows:

If the ((~~clerk~~)) county auditor finds the signatures on an initiative or referendum petition insufficient ((or)), any city voter may commence an action in the superior court against the auditor and procure a decree ordering the auditor to issue a certificate of sufficiency if the court finds that the signatures are sufficient. If the ((~~commission~~)) council refuses either to pass an initiative ordinance or ((~~order~~)) to request an election ((~~thereon~~)) on an initiative petition that has been certified as having sufficient valid signatures, or refuses either to repeal the ordinance in its entirety or to request an election on a referendum petition that has been certified as having sufficient valid signatures, any ((~~taxpayer~~)) city or town voter may commence an action in the superior court against the city and procure a decree ordering an election to be held in the city for the purpose of voting upon the proposed or referred ordinance ((~~if the court finds the petition to be sufficient~~)).

However, the city may request a declaratory judgment on whether an ordinance that is sought to be referred may be subjected to referendum action, or the subject matter of a proposed ordinance may be subjected to initiative action.

Sec. 8. Section 35.17.300, chapter 7, Laws of 1965 and RCW 35.17.300 are each amended to read as follows:

((~~Publication of notice, the election, the canvass of the returns and declaration of the results, shall be conducted in all respects as are other city elections.~~)) Any number of proposed ((~~ordinances~~)) initiatives or referenda may be voted on at the same election, but there shall not be more than one special election for that purpose during any one six-month((s)) period.

Sec. 9. Section 35.17.230, chapter 7, Laws of 1965 and RCW 35.17.230 are each amended to read as follows:

Ordinances shall not go into effect before thirty days from the time of final passage ((~~and are subject to referendum during the interim except:~~

~~(1) Ordinances initiated by petition;~~

~~(2)~~)) except for ordinances necessary for immediate preservation of public peace, health, and safety which contain a statement of urgency and are passed by unanimous vote of all the commissioners((;

~~(3) Ordinances providing for local improvement districts~~)). The voters of cities operating with a commission form of government under chapter 35.17 RCW shall possess the powers of initiative and referendum. The powers of initiative and referendum shall be exercised in the manner provided for the exercise of such powers by voters in code cities under chapter 35A.11 RCW.

Sec. 10. Section 35.22.200, chapter 7, Laws of 1965 as amended by section 13, chapter 47, Laws of 1965 ex. sess. and RCW 35.22.200 are each amended to read as follows:

The legislative powers of a charter city shall be vested in a mayor and a city council, to consist of such number of members and to have such powers as may be provided for in its charter. The charter may provide for direct legislation by the people through the initiative and referendum upon any matter within the scope of the powers, functions, or duties of the city or city council. Any powers of initiative and referendum that are provided to the people by a city charter shall be construed broadly in favor of these powers and shall be limited only as expressly provided in the city charter. The mayor and council and such other elective officers as may be provided for in such charter shall be elected at such times and in such manner as provided in Title 29 RCW, and for such terms and shall perform such duties and receive such compensation as may be prescribed in the charter.

Sec. 11. Section 35A.29.170, chapter 119, Laws of 1967 ex. sess. and RCW 35A.29.170 are each amended to read as follows:

(1) Initiative and referendum petitions authorized to be filed under provisions of this title, or authorized by charter, or authorized for code cities having the commission form of government as provided by chapter 35.17 RCW, shall be in substantial compliance with the provisions of RCW 35A.01.040 as to form and content of the petition, insofar as such provisions are applicable; shall contain a true copy of a resolution or ordinance sought to be referred to the voters; and must contain valid signatures of qualified electors of the code city in the number required by the applicable provision of this title. Except when otherwise provided by statute, referendum petitions must be filed with the clerk of the legislative body of the code city within ninety days after the passage of the resolution or ordinance sought to be referred to the voters, or within such lesser number of days as may be authorized by statute or charter in order to precede the effective date of an ordinance: PROVIDED, That nothing herein shall be construed to abrogate or affect an exemption from initiative and/or referendum provided by a code city charter. Immediately upon receipt of the petitions, the clerk shall forward the petitions to the county auditor of the county within which the city is located and the auditor shall determine the sufficiency of the petition under the rules set forth in RCW 35A.01.040. When a referendum petition is filed with the clerk, the legislative action sought to be referred to the voters shall be suspended from taking effect. Such suspension shall terminate when: ((~~(1)~~)) (a) There is a final determination of insufficiency or untimeliness of the referendum petition; or ((~~(2)~~)) (b) the legislative action so referred is approved by the voters at a referendum election.

(2) The provisions of this section shall not apply to initiative or referendum petitions under chapter 35A.11 RCW.

Sec. 12. Section 10, chapter 42, Laws of 1982 1st ex. sess. and RCW 39.88.090 are each amended to read as follows:

General obligation bonds which are issued to finance public facilities that are specified in the public improvement ordinance, and for which part or all of the principal or interest is paid by tax allocation revenues, shall be subject to the following requirements:

(1) The intent to issue such bonds and the maximum amount which the sponsor contemplates issuing are specified in the public improvement ordinance; and

(2) A statement of the intent of the sponsor to issue such bonds is included in all notices required by RCW 39.88.040 and 39.88.050.

In addition, the ordinance or resolution authorizing the issuance of such general obligation bonds shall be subject to potential referendum approval by the voters of the issuing entity when the bonds are part of the non-voter approved indebtedness limitation established pursuant to RCW 39.36.020. If the voters of the county or city issuing such bonds otherwise possess the general power of referendum on county or city matters, the ordinance or resolution shall be subject to that procedure. If the voters of the county or city issuing such bonds do not otherwise possess the general power of referendum on county or city matters, the referendum shall conform to the requirements and procedures for referendum petitions provided for code cities ((~~in RCW 35A.11.100~~)) under chapter 35A.11 RCW.

NEW SECTION. Sec. 13. RCW 35.17.230, 35.17.240, 35.17.260, 35.17.280, 35.17.290, and 35.17.300 , each as amended by this act, are each recodified as sections in chapter 35A.11 RCW.

NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:

(1) Section 35.17.250, chapter 7, Laws of 1965 and RCW 35.17.250;

(2) Section 35.17.270, chapter 7, Laws of 1965 and RCW 35.17.270;

(3) Section 35.17.310, chapter 7, Laws of 1965 and RCW 35.17.310;

(4) Section 35.17.320, chapter 7, Laws of 1965 and RCW 35.17.320;

(5) Section 35.17.330, chapter 7, Laws of 1965 and RCW 35.17.330;

(6) Section 35.17.340, chapter 7, Laws of 1965 and RCW 35.17.340;

(7) Section 35.17.350, chapter 7, Laws of 1965 and RCW 35.17.350;

(8) Section 35.17.360, chapter 7, Laws of 1965 and RCW 35.17.360; and

(9) Section 3, chapter 81, Laws of 1973 1st ex. sess. and RCW 35A.11.100.