H-2790.1

HOUSE BILL 2459

ByRepresentatives Gregerson, Ramos, and Pollet

AN ACT Relating to requiring public investment impact disclosures for certain alternative measures proposed by the legislature to initiatives to the legislature; and amending RCW 29A.72.027.

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

Sec. 1. RCW 29A.72.027 and 2022 c 114 s 2 are each amended to read as follows:

(1) The attorney general must prepare a public investment impact disclosure for any ballot measure that:

(a) Repeals, levies, or modifies any tax or fee, including changing the scope or application of an existing tax or fee; and

(b) Has a fiscal impact statement, as provided by RCW 29A.72.025, that shows that adoption of the measure would cause a net change in state revenue.

(2) When an initiative to the legislature requires a public investment impact disclosure under subsection (1) of this section, and the legislature passes an alternative measure to that initiative that does not require a public investment impact disclosure because it does not cause a net change in state revenue, the attorney general must prepare a public investment impact disclosure to describe the investments that will be maintained if the alternative measure is adopted instead of the initiative.

(3) The public investment impact disclosure must include a description of the investments that will be affected if the measure is adopted. The description must be sufficiently broad to reflect the subject of the investments that will be impacted by the change in revenue that will result from adoption of the measure, but also sufficiently precise to give notice of the subject matter of the investments that will be impacted by the change in revenue that will result from adoption of the measure. The description may not exceed 10 words, unless the fiscal impact is primarily to the state general fund, in which case the description must list the top three categories of state services funded by the general fund in the current state budget and may not exceed 15 words. The attorney general may consult with the office of financial management or any other state or local agencies as necessary to procure accurate information to draft the description. The description of services in a public investment impact disclosure for an alternative measure under subsection (2) of this section must match the description of services in the disclosure for the initiative to the legislature.

(((3)))(4) The format of the public investment impact disclosure, as it appears on the ballot, is:

"This measure would (increase, maintain, or decrease) funding for (description of services)."

(((4)))(5) In drafting the public investment impact disclosure, the attorney general must use neutral language that cannot reasonably be expected to create prejudice for or against the measure. The language of the disclosure is not subject to appeal, except as provided in chapter 114, Laws of 2022.

(((5)))(6) The attorney general must file the public investment impact disclosure with the secretary of state no later than July 23rd.

(((6)))(7) The secretary of state must certify the public investment impact disclosure and timely transmit it to each county auditor for its inclusion on the ballot.

(((7)))(8) Public investment impact disclosures are not considered part of the ballot title under this chapter and are not subject to any of the legal requirements for ballot titles.

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