Z-757                 _______________________________________________

                                                   SENATE BILL NO. 3825

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators DeJarnatt, Deccio and Gaspard; by Attorney General request

Read first time 2/7/85 and referred to Committee on Judiciary.

AN ACT Relating to initiatives; amending RCW 29.79.015; and adding a new section to chapter 29.79 RCW.

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

        Sec. 1.  Section 2, chapter 122, Laws of 1973 as amended by section 2, chapter 116, Laws of 1982 and RCW 29.79.015 are each amended to read as follows:

          Upon receipt of any petition proposing an initiative to the people or an initiative to the legislature, and prior to giving a serial number thereto, the secretary of state shall submit a copy thereof to the office of the code reviser and give notice to the petitioner of such transmittal.  Upon receipt of the measure, the assistant code reviser to whom it has been assigned may confer with the petitioner and shall within seven working days from receipt thereof review the proposal for matters of form and style, and such matters of substantive import as may be agreeable to the petitioner, and shall recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate.  The recommendations of the reviser's office shall be advisory only, and the petitioner may accept or reject them in whole or in part.  The code reviser shall issue a certificate of review certifying that he has reviewed the measure for form and style and that the recommendations thereon, if any, have been communicated to the petitioner, and such certificate shall issue whether or not the petitioner accepts such recommendations.  ((Within fifteen working days after notification of submittal of the petition to the reviser's office, the)) Thereafter, a petitioner, ((if he desires)) desiring to proceed with ((his)) sponsorship, shall file the measure together with the certificate of review with the secretary of state for assignment of serial number and the secretary of state shall thereupon submit to the reviser's office a certified copy of the measure filed:  PROVIDED, That before filing the measure and certificate of review, the petitioner may submit the proposed text of the measure to the attorney general's office for review as provided in section 2 of this 1985 act.  Upon submitting the proposal to the secretary of state for assignment of a serial number the secretary of state shall refuse to make such assignment unless the proposal is accompanied by a certificate of review.

NEW SECTION. Sec. 2.  A new section is added to chapter 29.79 RCW to read as follows:

          After a certificate of review of a proposed initiative under RCW 29.79.015 is issued and prior to filing the measure with the secretary of state for further processing, the petitioner may submit the proposed text of the measure to the attorney general's office for review and advice as the attorney general deems appropriate regarding its constitutionality or legal effect and any related drafting recommendations.

          Within five days following receipt of any submission, the attorney general shall notify the petitioner in writing either of an intention not to issue advice or drafting suggestions, or that advice or drafting suggestions will be issued within ten days thereafter.  While any advice and suggestions are advisory only, they shall constitute a public record, copies of which shall be available on request.