AN ACT Relating to the powers of initiative and referendum in cities and towns; amending RCW 35.17.260, 35A.11.090, 35.17.240, 35.17.290, 35.17.300, 35.24.210, and 39.88.090; adding new sections to chapter 35.21 RCW; recodifying RCW 35.17.260, 35A.11.090, 35.17.240, 35.17.290, and 35.17.300; and repealing RCW 35.17.230, 35.17.250, 35.17.270, 35.17.280, 35.17.310, 35.17.320, 35.17.330, 35.17.340, 35.17.350, 35.17.360, 35A.11.080, and 35A.11.100.

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

NEW SECTION. Sec. 1. A new section is added to chapter 35.21 RCW to read as follows:

The voters of every first class city with a city charter that does not grant the powers of initiative and referendum, and the voters of every second class city, third class city, town, and code city, except those towns with fewer than five hundred inhabitants, are granted the powers of initiative and referendum on city or town ordinances as provided in this act notwithstanding the form or plan of government under which the city or town operates. This act shall not affect the powers of initiative and referendum granted to the voters of a first class city by a city charter. Initiative or referendum action in a second class city, third class city, or town may be taken only on those powers that are granted expressly to the city or town.

NEW SECTION. Sec. 2. A new section is added to chapter 35.21 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 the paper on which the petition is printed. The minimum required number of signatures by registered voters of the city or town on a referendum or initiative petition is equal to fifteen percent of the number of persons listed as registered voters within the city or town on the day of the last preceding city or town general election. Petitions shall be filed with the city or town clerk who shall forward the petitions to the county auditor immediately upon receipt. The auditor shall ascertain the validity of the signatures and certify the sufficiency of the petitions to the city clerk.

Elections shall be conducted as provided in general election law.

Sec. 3. 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 or town filed with the ((~~commission~~)) council. If the petition accompanying the proposed ordinance is signed by the requisite number of 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~~)) or town, and if it contains a request that, unless passed by the ((~~commission~~)) council, the ordinance be submitted to a vote of the people, the ((~~commission~~)) council shall either:

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

(2) Immediately after the ((~~clerk's certificate of sufficiency is attached to the petition, cause to be called~~)) county auditor has certified that the number of valid signatures on the petition are sufficient, 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~~)).

Approval of the initiative ballot proposition by a simple majority vote shall result in the ordinance being adopted immediately upon the certification of the election results.

Sec. 4. 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~~)) and towns 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 or town 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 or town 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.

Land use and zoning matters shall not be subject to initiative or referendum action.

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. Approval of the referendum ballot proposition by a simple majority vote shall defeat the ordinance in its entirety.

Sec. 6. 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~~)) an initiative or referendum petition insufficient, or if the ((~~commission~~)) council refuses either to pass an initiative ordinance or ((~~order~~)) to request an election thereon, or if the council refuses either to repeal the ordinance in its entirety or to request an election on the referendum, any ((~~taxpayer~~)) city or town voter may commence an action in the superior court against the city or town, or against the county auditor if the failure to take any of these actions is due to a determination by the auditor that the petition bears insufficient signatures, and procure a decree ordering an election to be held in the city or town for the purpose of voting upon the proposed ordinance, or voting on the referendum, if the court finds the petition to ((be)) have sufficient valid signatures.

Sec. 7. 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 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-months period.

Sec. 8. Section 35.24.210, chapter 7, Laws of 1965 and RCW 35.24.210 are each amended to read as follows:

The enacting clause of all ordinances in a third class city shall be as follows: "The city council of the city of .......... do ordain as follows:"

No ordinance shall contain more than one subject and that must be clearly expressed in its title.

No ordinance or any section thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section at full length.

No ordinance and no resolution or order shall have any validity or effect unless passed by the votes of at least four councilmen.

((~~No ordinance shall take effect until five days after the date of its publication unless otherwise provided in this title.~~))

Every ordinance which passes the council in order to become valid must be presented to the mayor; if he approves it, he shall sign it, but if not, he shall return it with his written objections to the council and the council shall cause his objections to be entered at large upon the journal and proceed to a reconsideration thereof. If upon reconsideration five members of the council voting upon a call of yeas and nays favor its passage, the ordinance shall become valid notwithstanding the mayor's veto. If the mayor fails for ten days to either approve or veto an ordinance, it shall become valid without his approval.

Every ordinance shall be signed by the mayor and attested by the clerk.

Sec. 9. 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 and towns in ((~~RCW 35A.11.100~~)) chapter 35A.11 RCW.

NEW SECTION. Sec. 10. RCW 35.17.260, 35A.11.090, 35.17.240, 35.17.290, and 35.17.300, as amended by this act, are each recodified as sections in chapter 35.21 RCW.

NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:

(1) Section 35.17.230, chapter 7, Laws of 1965 and RCW 35.17.230;

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

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

(4) Section 35.17.280, chapter 7, Laws of 1965 and RCW 35.17.280;

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

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

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

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

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

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

(11) Section 1, chapter 81, Laws of 1973 1st ex. sess., section 18, chapter 18, Laws of 1979 ex. sess. and RCW 35A.11.080; and

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