SB 5386 — Strengthening the initiative process by providing for more comprehensive review before initiatives receive ballot titles.

S-4642.1SUBSTITUTES-0251.2SENATE SENATE BILL 5386State of Washington65th Legislature2018Legislature2017 Regular SessionBy Senate State Government, Tribal Relations & Elections (originally sponsored by Senators Pedersen, Miloscia, Hunt, Fain, Billig, Carlyle, Mullet, Kuderer, Saldaña, and Frockt)READFrocktRead FIRSTfirst TIMEtime 02/01/18.AN01/23/17. ACT Relating to strengthening the initiative process by providing for more comprehensive review before initiatives receive ballot titles;

Referred to Committee on State Government.AN ACT Relating to strengthening the initiative process by providing for more comprehensive review before initiatives receive ballot titles;

and(((3))) (4) A filing fee prescribed under RCW 43.07.120.Sec. 3.  RCW 29A.72.020 and 2003 c 111 s 1803 are each amended to read as follows:(1) Upon receipt of a proposed initiative measure, and before giving it a serial number, the secretary of state shall submit a copy ((thereof)) of the proposed initiative measure and the sponsor's statement of intent to the office of the code reviser and the office of the attorney general and give notice to the sponsor of such transmittal.(2) Upon receipt of the measure and the sponsor's statement of intent, the assistant code reviser to whom it has been assigned may confer with the sponsor and shall within ((seven working)) twentyforty-five days from its receipt, review the proposal and recommend to the sponsor such revision or alteration of the measure as may be deemed necessary and appropriate, including:(a) Wording the initiative with simplicity and clarity so that the effect of the measure is not misleading or likely to confuse voters;

and(b) Wording the initiative to comply with requirements of legislative drafting such as article II, section 19 and article II, section 37 of the Washington state Constitution.(3) Upon receipt of the measure and the sponsor's statement of intent, the assistant attorney general to whom it has been assigned may confer with the sponsor and shall within forty-five days from its receipt, review the proposal and provide to the sponsor an assessment of whether the proposed measure is drafted in a manner that complies with the Washington state and United States Constitutions.(4) The recommendations of the code reviser's office and the attorney general are advisory only, and the sponsor may accept or reject them in whole or in part.

The code reviser and the attorney general shall each issue a certificate of review certifying that he or she has reviewed the measure and that any recommendations have been communicated to the sponsor.

The((The)) Each certificate must contain such recommendations and be issued whether or not the sponsor accepts such recommendations.

Upon submission of 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. 4.  A new section is added to chapter 29A.72 RCW to read as follows:(1) After receipt of recommendations from the code reviser,reviser and the attorney general, the sponsor may amend the proposed initiative measure.

Within seven days of receipt of theboth certificatecertificates of review under RCW 29A.72.020(3),29A.72.020(4), the sponsor, if he or she desires to proceed with sponsorship, must file the proposed measure with theboth certificatecertificates of review with the secretary of state, regardless of whether the sponsor has amended the measure language in response to the recommendations of the code reviser.(2)reviser and the attorney general.(2) Upon submission of the measure and the certificatecertificates of review to the secretary of state, the secretary of state must publish the draft measure, along with the sponsor's statement of intent and the recommendations of the code reviser under RCW 29A.72.020(2), for a public review and comment process.

The public review and comment process shall last tentwenty-eight days from submission of the measure and certificates of review.

Upon request, the office of the code reviser may assist the sponsor.(4) After the close of the public review and comment process, the sponsor, if he or she desires to proceed with sponsorship, must file the measure with the secretary of state.state.(a) If the language of the measure has not been amended after the code reviser and attorney general have completed their reviews of the measure under RCW 29A.72.020, the secretary of state shall assign the measure a serial number and then submit to the code reviser's office a certified copy of the measure filed.(b) If the language of the measure has been amended after the code reviser and attorney general have completed their reviews of the measure under RCW 29A.72.020, the secretary of state shall transmit a copy of the measure to the attorney general, who shall review the certified copy of the measure and, within seven days, determine whether it is drafted in a manner that complies with the Washington state and United States Constitutions.

The secretaryattorney ofgeneral state shall assign the measure a serial number and then submit to the code reviser's office a certifiedcertification copy of thethis measuredetermination filed.NEW SECTION.  Sec. 5.  A new section is added to chapterthe 29A.72sponsor RCWand to read as follows:Any person may seek a declaratory judgment that a proposed initiative measure is unconstitutional on its face within thirty days after a measure is submitted to the secretary of statestate. for assignment of a serial number.

If the attorney general determines that the proposed measure is not compliant with the Washington state and United States Constitutions, the sponsor may amend the measure and resubmit it in accordance with RCW 29A.72.010, except that the sponsor shall not be required to pay an additional filing fee.

If the sponsor does not wish to further amend the measure, he or she shall notify the secretary of state, who shall assign the measure a serial number and then submit to the code reviser's office a certified copy of the measure filed.NEW SECTION.  Sec. 5.  A new section is added to chapter 29A.72 RCW to read as follows:Any person may seek a declaratory judgment that a proposed initiative measure is unconstitutional on its face within thirty days after a measure is submitted to the secretary of state for assignment of a serial number.

on that Saturday.(5) For purposes of this section, a proposed initiative measure is considered filed with the secretary of state when the sponsor complies with the requirements of RCW 29A.72.010.(6)29A.72.010.Sec. 7.  RCW Collection of signatures may start no earlier than one week after the general election before the measure is intended to be on the ballot.Sec. 7.  RCW 43.07.120 and 2015 c 176 s 8101 are each amended to read as follows:(1) The secretary of state must establish by rule and collect the fees in this subsection:(a) For a copy of any law, resolution, record, or other document or paper on file in the secretary's office;(b) For any certificate under seal;(c) For filing and recording trademark;(d) For each deed or patent of land issued by the governor;(e) For recording miscellaneous records, papers, or other documents.(2) The secretary of state may adopt rules under chapter 34.05 RCW establishing reasonable fees for the following services rendered under chapter 23.95 RCW, Title 23B RCW, chapter 18.100, 19.09, 19.34, 19.77, 23.86, 23.90, 24.03, 24.06, 24.12, 24.20, 24.24, 24.28, 24.36, 25.04, 25.15, 25.10, 25.05, or 26.60 RCW:(a) Any service rendered in-person at the secretary of state's office;(b) Any expedited service;(c) The electronic or facsimile transmittal of information from corporation records or copies of documents;(d) The providing of information by micrographic or other reduced-format compilation;(e) The handling of checks, drafts, or credit or debit cards upon adoption of rules authorizing their use for which sufficient funds are not on deposit;

and(f) Special search charges.(3) For each initiative to the people or initiative to the legislature, the secretary of state shall collect a filing fee of twofive hundred dollars.dollars.(4) To facilitate the collection of fees, the secretary of state may establish accounts for deposits by persons who may frequently be assessed such fees to pay the fees as they are assessed.

If the initiative is certified, one hundred dollars of the filing fee will be refunded.(4) To facilitate the collection of fees, the secretary of state may establish accounts for deposits by persons who may frequently be assessed such fees to pay the fees as they are assessed.