[atlas:bill]

AN ACT Relating to establishing initiative review committees; and adding new sections to chapter 29.79 RCW.

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

NEW SECTION. Sec. 1. The secretary of state shall create an initiative fiscal review committee and an initiative legal review committee for each initiative. The secretary of state shall appoint the members of each committee. The members of each committee must be citizens of the United States and must be actual residents of this state. Each committee must be organized at such time as the secretary deems appropriate, but each committee shall review each initiative that qualifies for the ballot. Each committee shall hold meetings at such times, places, and manners as the secretary of state may designate.

NEW SECTION. Sec. 2. (1) The initiative fiscal review committee will consist of the following persons as are determined to be qualified, available, and have expertise in the policy area that is the subject of the initiative: Two persons licensed to practice law in the state of Washington, two persons experienced in analyzing fiscal impacts of legislation, two persons who are professional economists, two persons employed in occupations impacted by the initiative, two persons employed as professors by a recognized college or university, two persons from recognized research organizations who are considered experts in the subject matter, and two persons who are members of the public. The fact that the secretary of state is unable to fill each position on the committee does not prevent the committee from performing its duty under this section so long as the secretary of state makes a good-faith effort to fill each position with a person who is qualified and available.

(2) The initiative fiscal review committee shall determine, as well as possible, the short-term and long-term effects of the initiative, including any disproportionate impacts on particular public or private entities, the fiscal and economic costs of the initiative, including the costs of compliance for public or private entities required to comply with the proposed initiative, and if the initiative affects the collection of a tax or fee used to fund general government, the rate or amount of the tax or fee, or an exemption to the tax or fee.

NEW SECTION. Sec. 3. (1) The initiative legal review committee will consist of the following persons as are determined to be qualified, available, and have expertise in the policy area that is the subject of the initiative: Two persons licensed to practice law in the state of Washington, two persons experienced in analyzing the legal effects of legislation, two persons employed as lawyers in organizations impacted by the initiative, two persons employed as law professors by a recognized school of law or university, two persons from recognized legal research organizations who are considered experts in the subject matter, and two persons who are members of the public. The fact that the secretary of state is unable to fill each position on the committee does not prevent the committee from performing its duty under this section so long as the secretary of state makes a good-faith effort to fill each position with a person who is qualified and available.

(2) The initiative legal review committee shall determine, as well as possible, the legality of the initiative, including its impact on other laws and any other legal or constitutional implications that may arise.

NEW SECTION. Sec. 4. The secretary of state shall ensure that the membership of each committee reflects a fair-minded balance of perspectives. The secretary shall also ensure that the report of each committee is analytical, factual, objective, and impartial, is written in clear and concise language, and that information, findings, conclusions, and opinions regarding the effects, fiscal and economic costs, or legality of the initiative are supported with specificity.

NEW SECTION. Sec. 5. (1) Each committee shall issue a final report on its determinations. Each report is advisory only and may include only such information, findings, conclusions, or opinions as all members of the committee issuing the report agree to include in the report. The secretary of state shall ensure that each committee completes and submits its final report to the secretary in time to allow adequate opportunity for the proponents, and opponents if any, of the initiative to include whatever information, findings, conclusions, or opinions of the committee the proponents or opponents may find appropriate in arguments prepared by them under RCW 29.81.240. A copy of each report must be made available to members of the public upon request.

(2) The secretary of state shall provide adequate notice in any voter pamphlet distributed under RCW 29.81.210, as appropriate, of the existence of an initiative fiscal review committee report and initiative legal review committee report, a brief description of the purpose of the report that may be no longer than twenty-five words, that a copy of the report is available to members of the public upon request, and where a copy of the report can be obtained.

(3)(a) For purposes of the initiative legal review committee report, the voters' pamphlet must include, in addition to the twenty‑five word description of the report, one of the following statements, as appropriate:

(i) In the opinion of the initiative legal review committee this initiative is constitutional.

(ii) In the opinion of the initiative legal review committee this initiative is not constitutional.

(iii) In the opinion of the initiative legal review committee it is not clear whether this initiative is constitutional or not.

(b) For purposes of this subsection (3), if all members of the committee issuing the report are unable to agree on either statement (i), (ii), or (iii), the voters' pamphlet must include statement (iii).

NEW SECTION. Sec. 6. When the initiative legal review committee report is submitted to the secretary of state, the secretary of state shall immediately provide a copy of the report to the proponents, and opponents if any, of the initiative and any other person who has made written request for the report. A person dissatisfied with the opinion of the committee regarding the constitutionality of the initiative may appeal directly to the supreme court for declaratory judgment on the issue within five days after the date the report is completed and submitted to the secretary. The appeal must be made by petition setting forth the initiative, the committee report, and objections to the opinion of the committee regarding the constitutionality of the initiative. The petition together with a notice that an appeal has been taken must be served on the secretary of state, the attorney general, and the proponents, and opponents if any, of the initiative. The appeal must be considered an emergency matter of public concern, and must be heard and determined with all convenient speed. The court shall examine the initiative, the committee report, and the objections, and may hear arguments. The court shall render its decision regarding the constitutionality of the initiative, and the decision of the court is final and its opinion on the constitutionality of the initiative is conclusive. The appeal must be heard without costs to the petitioner.

NEW SECTION. Sec. 7. Members of the committee may receive no compensation for their services, but are eligible to receive a subsistence allowance and travel expenses under RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 8. The secretary of state and members of the review committees are immune from suit in any action based on acts performed in good faith in the performance of their duties.

NEW SECTION. Sec. 9. The secretary of state shall adopt rules necessary to implement sections 1 through 8 of this act.

NEW SECTION. Sec. 10. Sections 1 through 9 of this act are added to chapter 29.79 RCW.