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AGO Opinions with Topic: INITIATIVE AND REFERENDUM
AGO 2006 No. 13 >  May 31, 2006
INITIATIVE AND REFERENDUM
Nature of “declaration” on petitions as required by RCW 29A.72.110–.130 as amended by Laws of 2005, ch. 239 1. RCW 29A.72.110-.130, as amended by Laws of 2005, ch. 239, requires each initiative or referendum petition to contain a printed “declaration” concerning signature gathering and the penalties for forged and false signatures, but does not require that such a declaration actually be signed or provide any legal consequences for failure to sign or for signing a false declaration.  2. If an initiative or referendum petition fails to contain the printed “declaration” required by RCW 29A.72.110–.130 as amended by Laws of 2005, ch. 239, the secretary of state may refuse to file the petition or accept the signatures on such a petition, under RCW 29A.72.170.
AGO 1971 No. 5 >  January 26, 1971
INITIATIVE AND REFERENDUM - LEGISLATURE - AMENDING INITIATIVE ENACTED BY THE LEGISLATURE - SUBMISSION OF ALTERNATIVE PROPOSAL
INITIATIVE AND REFERENDUM ‑- LEGISLATURE ‑- AMENDING INITIATIVE ENACTED BY THE LEGISLATURE ‑- SUBMISSION OF ALTERNATIVE PROPOSAL Consideration of various alternatives which are available to the legislature under Article II, § 1 (Amendments 7 and 30) and Article II, § 41 (Amendment 26) of the Washington Constitution upon certification and transmittal to it of an initiative to the legislature; adoption and amendment; rejection and submission of alternative proposal to voters; time for certification of initiative to legislature.
AGO 1971 No. 6 >  February 2, 1971
INITIATIVE AND REFERENDUM - CORPORATIONS - FINANCING AN INITIATIVE OR REFERENDUM CAMPAIGN WITH FUNDS OF OUT-OF-STATE CORPORATION
INITIATIVE AND REFERENDUM ‑- CORPORATIONS ‑- FINANCING AN INITIATIVE OR REFERENDUM CAMPAIGN WITH FUNDS OF OUT-OF-STATE CORPORATION The provisions of RCW 29.79.490 (6) are applicable to a corporation whose principal office is, or a majority of whose members or stockholders have their residence outside, the state of Washington, even though such corporation may possess a certificate of authority to transact business within the state of Washington under RCW 23A.32.020.
AGO 1982 No. 13 >  October 28, 1982
COUNTIES - TAXATION - INITIATIVE AND REFERENDUM
INITIATIVE ON ADDITIONAL LOCAL SALES AND USE TAX Where the voters of a home rule charter county possesses the general power of initiative, § 19, chapter 49, Laws of 1982, 1st Ex. Sess. requires that the "special initiative procedure" provided for in that section conform to the requirements of the county's initiative procedure.
AGO 1983 No. 4 >  March 18, 1983
INITIATIVE AND REFERENDUM - LEGISLATURE - CONSTITUTIONAL CONVENTION
USE OF INITIATIVE TO CALL FOR FEDERAL CONSTITUTIONAL CONVENTION An initiative, under Article II, § 1 of the Washington Constitution, may be used for the purpose of applying to the federal Congress to call a convention for proposing amendments to the United States Constitution in accordance with Article V thereof.
AGO 1961 No. 7 >  January 31, 1961
INITIATIVE AND REFERENDUM - COVERAGE OF EMPLOYEES OF THE WASHINGTON STATE FERRY SYSTEM UNDER INITIATIVE NO. 207
INITIATIVE AND REFERENDUM ‑- COVERAGE OF EMPLOYEES OF THE WASHINGTON STATE FERRY SYSTEM UNDER INITIATIVE NO. 207 Employees of the Washington state ferry system are not subject to the jurisdiction of the Washington state personnel department created by Initiative No. 207.
AGO 1983 No. 15 >  August 5, 1983
COUNTIES - CITIES AND TOWNS - TAXATION - INITIATIVE AND REFERENDUM
REFERENDUM ON ADDITIONAL LOCAL SALES AND USE TAX AND REAL ESTATE EXCISE TAX As a consequence of the enactment of § § 2 and 3, chapter 99, Laws of 1983, every county or city ordinance enacted after the effective date of that act (April  22, 1983) which imposes or alters the rate of a local sales or use tax imposed under RCW 82.14.030(2), or a real estate excise tax imposed under RCW 82.46.010(2), is subject to the referendum procedures prescribed by those two sections of the subject act.
AGO 1973 No. 12 >  May 17, 1973
ELECTIONS - INITIATIVE AND REFERENDUM - POLITICAL ADVERTISING - ELECTORAL CAMPAIGN FINANCING
ELECTIONS ‑- INITIATIVE AND REFERENDUM ‑- POLITICAL ADVERTISING ‑- ELECTORAL CAMPAIGN FINANCING RCW 29.18.140, which previously required the filing of certain reports of campaign contributions and expenditures made or incurred in connection with a campaign for nomination at a partisan election, has been repealed by § 50 of Initiative No. 276 (chapter 1, Laws of 1973); however, the provisions of RCW 29.85.270 which require all political advertising to be identified as to its sponsorship and the political party of the candidate (if any) remains in effect notwithstanding its apparent repeal by § 20 of Referendum Bill No. 25 because that referendum bill was totally repealed by § 50 of Initiative No. 276 before § 20 thereof had become effective.
AGO 1973 No. 13 >  May 30, 1973
ELECTIONS - INITIATIVE AND REFERENDUM - MEANING OF GENERAL ELECTION - AUTHORITY OF LEGISLATURE
ELECTIONS ‑- INITIATIVE AND REFERENDUM ‑- MEANING OF GENERAL ELECTION ‑- AUTHORITY OF LEGISLATURE In the event that a sufficient number of petition signatures are obtained by June 6, 1973, to qualify Referendum Measure No. 36 for submission to the voters, this measure will be voted upon at the November 6, 1973, state general election provided for in chapter 4, Laws of 1973.
AGO 1976 No. 4 >  January 22, 1976
CRIMES - INITIATIVE AND REFERENDUM - EFFECTIVE DATE OF DEATH PENALTY INITIATIVE
CRIMES ‑‑ INITIATIVE AND REFERENDUM ‑‑ EFFECTIVE DATE OF DEATH PENALTY INITIATIVE The provisions of Initiative No. 316, defining the crime of aggravated murder in the first degree and providing for a mandatory sentence of death with respect to that degree of murder, do not apply to offenses committed prior to July 1, 1976.
AGO 1976 No. 15 >  August 5, 1976
CRIMES - CAPITAL PUNISHMENT - CONSTITUTIONALITY OF DEATH PENALTY - INITIATIVE AND REFERENDUM - ENACTMENT OF NEW DEATH PENALTY LAW
CRIMES ‑- CAPITAL PUNISHMENT ‑- CONSTITUTIONALITY OF DEATH PENALTY ‑- INITIATIVE AND REFERENDUM ‑- ENACTMENT OF NEW DEATH PENALTY LAW (1) Recent decisions by the United States Supreme Court holding mandatory death penalty laws to be unconstitutional have rendered RCW 9A.32.046, enacted pursuant to Initiative No. 316, constitutionally unenforceable; however, in line with other supreme court decisions involving death penalty laws a constitutionally valid death penalty statute may still be enacted in accordance with guidelines set forth in those decisions.    (2) Because RCW 9A.32.046 was enacted as a part of Initiative No. 316 at the 1975 state general election, that statute may not be repealed by the legislature for a period of two years following its enactment and it may only be amended during such period by a two-thirds majority vote of the members of both houses of the legislature; however, this existing state death penalty statute may be amended or repealed at any time pursuant to an initiative or referendum measure approved by the voters.   (3) It is possible that legislation establishing a new, constitutionally valid, death penalty for the state of Washington could be enacted by the legislature by a simple majority vote, even during the immediate two-year period following the passage of Initiative No. 316, if the new law is not drafted as either an amendment or repeal of RCW 9A.32.046.
AGO 1964 No. 91 >  March 13, 1964
COUNTIES - LEGISLATIVE POWER - COUNTY COMMISSIONERS - INITIATIVE AND REFERENDUM - NO CONSTITUTIONAL OR STATUTORY PROVISION PROVIDING FOR DIRECT LEGISLATION BY COUNTY RESIDENTS
COUNTIES ‑- LEGISLATIVE POWER ‑- COUNTY COMMISSIONERS ‑- INITIATIVE AND REFERENDUM ‑- NO CONSTITUTIONAL OR STATUTORY PROVISION PROVIDING FOR DIRECT LEGISLATION BY COUNTY RESIDENTS (1) Under existing state law the residents of a county do not have the power to enact county-wide legislation by initiative. (2) The residents of a county do not have the power of referendum under existing state law in regard to ordinances or regulations duly enacted by a board of county commissioners.
AGO 1965 No. 18 >  May 6, 1965
INITIATIVE AND REFERENDUM - LEGISLATURE - REFERRAL OF BILL TO PEOPLE FOR APPROVAL OR REJECTION - GENERAL STATE ELECTION - GUBERNATORIAL VETO NOT APPLICABLE
INITIATIVE AND REFERENDUM ‑- LEGISLATURE ‑- REFERRAL OF BILL TO PEOPLE FOR APPROVAL OR REJECTION ‑- GENERAL STATE ELECTION House Bill No. 714 if passed by both houses of the legislature with the provision for referral to the people for adoption or rejection at the November, 1966, biennial regular election (§ 10), need not be submitted to the governor for his approval or rejection since his veto power does not, under Article II, § 1, Amendment 7, Washington Constitution, extend to such referred measures.
AGO 1988 No. 25 >  October 31, 1988
INITIATIVE AND REFERENDUM - UNDERGROUND STORAGE TANKS - DEPARTMENT OF ECOLOGY - INITIATIVE 97 AND ALTERNATIVE MEASURE 97B
AUTHORITY OF LEGISLATURE TO AMEND INITIATIVES 1.If Initiative 97 (relating to cleanup of hazardous waste spills) is approved by the voters in the November 1988 election, the Legislature would still be free to enact certain portions of House Bill 1967 (a 1988 bill dealing with regulation of underground storage tanks and cleanup of petroleum spills) without requiring approval of at least two-thirds of the members of both houses of the Legislature, but certain other provisions of House Bill 1967 would constitute "amendments" to the initiative measure and could not properly be enacted by the 1989 Legislature without the extraordinary majority required by the state constitution for amendments to initiative measures.2.If Alternative Measure 97B (also relating to cleanup of hazardous waste spills) is approved by the voters in the November 1988 election, the Legislature would be free to enact House Bill 1967 without requiring approval of at least two-thirds of the members of both houses of the Legislature.3.If either Initiative 97 or Alternative Measure 97B is approved by the voters in the November 1988 election, the Legislature's enactment within two years of some or all of the provisions of House Bill 1967 would not constitute an unconstitutional repeal of either initiative measure.
AGO 1996 No. 13 >  August 6, 1996
STATE CONSTITUTION - GAMBLING - LOTTERIES - INITIATIVE AND REFERENDUM
Vote required to authorize Tribal-sponsored electromechanical gaming 1.  Under the Washington State Constitution, article 2, section 24, an initiative authorizing forms of electromechanical gaming not previously authorized would require a sixty percent majority vote to be effective. 2.  The Indian Gaming Regulatory Act (25 U.S.C. §§ 2701 et. seq. ) does not preempt state authority to set state policy on gambling, or to determine the procedures by which state gambling laws will be adopted and/or modified.
AGO 1959 No. 18 >  February 27, 1959
INITIATIVE AND REFERENDUM - CONSTITUTIONALITY OF INITIATIVE 25 COWLITZ DAM
INITIATIVE AND REFERENDUM - CONSTITUTIONALITY OF INITIATIVE 25 COWLITZ DAM A majority of the attorneys in this office who have reviewed and considered this matter are of the opinion that the initiative, if enacted, would be invalid in its application to all persons, as that term is defined therein, except municipal corporations of this state.  Since the single expressed purpose of the initiative is to conserve the state's fishery resources and this single purpose would be defeated by its invalidity as to some of the persons against whom it is intended to operate, the act, irrespective of the severability clause, must be construed as not being severable and, therefore, ineffective for any purpose.
AGO 1959 No. 39 >  May 26, 1959
INITIATIVE AND REFERENDUM - REIMBURSEMENT OF CIVIL SERVICE COMMISSION FOR EXPENSES AND MILEAGE INCURRED IN THE PERFORMANCE OF ITS DUTIES UNDER INITIATIVE NO. 23
INITIATIVE AND REFERENDUM - REIMBURSEMENT OF CIVIL SERVICE COMMISSION FOR EXPENSES AND MILEAGE INCURRED IN THE PERFORMANCE OF ITS DUTIES UNDER INITIATIVE NO. 23 (1)  The commissioners of the Civil Service Commission established by Initiative No. 23 can be reimbursed for expenses and mileage incurred by them in the performance of their duties. (2)  The Board of County Commissioners cannot appropriate funds to the Civil Service Commission in excess of the amount provided for in section 21 of the initiative.
AGLO 1977 No. 45 >  October 21, 1977
OFFICES AND OFFICERS - STATE - GOVERNOR - WASHINGTON STATE WOMEN'S COUNCIL - INITIATIVE AND REFERENDUM
FACILITIES TO PROMOTE PASSAGE OR DEFEAT OF REFERNDUM NO. 40 It would not now be legal, under RCW 42.17.130, for the funds or facilities of the Washington State Women's Council to be used for the purpose of promoting or opposing Referendum No. 40 at the forthcoming state general election.
AGLO 1975 No. 77 >  September 5, 1975
ELECTIONS - INITIATIVE AND REFERENDUM
TIME FOR SUBMISSION OF INITIATIVES TO THE LEGISLATURE Under RCW 29.79.020 an initiative to the legislature may only be filed with the secretary of state within ten months prior to the next regular session of the legislature even though such initiative measures may now be voted upon at the annual state general election held pursuant to RCW 29.13.010 in November of each year.
AGLO 1977 No. 4 >  January 24, 1977
INITIATIVE AND REFERENDUM - LEGISLATURE - PROCESSING OF INITIATIVE TO THE LEGISLATURE - SUBMISSION OF ALTERNATE PROPOSAL
INITIATIVE AND REFERENDUM ‑- LEGISLATURE ‑- PROCESSING OF INITIATIVE TO THE LEGISLATURE ‑- SUBMISSION OF ALTERNATE PROPOSAL

(1) An initiative to the legislature, if enacted by the legislature, is not subject to gubernatorial veto.

(2) An initiative to the legislature may be rejected either by formal action, by informal inaction prior to the end of the regular session to which the initiative was submitted, or by the passage of an alternative measure to be submitted to the voters along with the initiative at the next ensuing regular general election.

(3) An alternative to an initiative to the legislature need not be passed at the regular session to which the initiative itself was submitted but, to be effective, such an alternative must be passed in time to permit its submission to the voters at the same general election as the one at which the rejected initiative, alone, would be required to be voted upon if an alternative measure had not also been enacted.

AGLO 1977 No. 13 >  March 28, 1977
INITIATIVE AND REFERENDUM - REFERENDUM NO. 28 - USE OF BOND PROCEEDS FOR OUTDOOR AND INDOOR RECREATIONAL FACILITIES
INITIATIVE AND REFERENDUM ‑- REFERENDUM NO. 28 ‑- USE OF BOND PROCEEDS FOR OUTDOOR AND INDOOR RECREATIONAL FACILITIES Proceeds derived from the sale of bonds issued under Referendum Bill No. 28 (chapter 129, Laws of 1972, Ex.Sess.) are not limited, in terms of use, to the acquisition or construction of outdoor recreational facilities only and thus they may be used in connection with both outdoor and indoor public recreational facilities.
AGLO 1973 No. 14 >  January 25, 1973
INITIATIVE AND REFERENDUM - LEGISLATURE - ALTERNATIVE MEASURE 43-B - (1973) - SHORELINE MANAGEMENT ACT OF 1971
INITIATIVE AND REFERENDUM ‑- LEGISLATURE ‑- ALTERNATIVE MEASURE 43-B ‑- (1973) ‑- SHORELINE MANAGEMENT ACT OF 1971 In order to amend the provisions of Alternative Measure 43-B, the "Shoreline Management Act of 1971," during the current (1973) legislative session, it will be necessary that any such amendment have the approval of a two-thirds majority of the members of each house of the legislature, unless the amendments are contained in a referendum bill.
AGLO 1973 No. 63 >  June 8, 1973
LEGISLATURE - INITIATIVE AND REFERENDUM - EFFECTIVE DATE OF BILLS SUBJECT TO REFERENDUM
LEGISLATURE ‑- INITIATIVE AND REFERENDUM ‑- EFFECTIVE DATE OF BILLS SUBJECT TO REFERENDUM All bills subject to referendum which were passed by the 1973 first extraordinary session of the legislature will become effective at midnight on Sunday, July 15, 1973, unless a later effective date is specified therein.
AGLO 1974 No. 105 >  December 26, 1974
TAXATION - INCOME - INITIATIVE AND REFERENDUM
CONSTITUTIONALITY OF INCOME TAX A bill providing for the imposition of a graduated net income tax would be unconstitutional under Article VII, § 1 (Amendment 14) of the state Constitution even though approved by the voters as a referendum bill.
AGO 2014 No. 2 >  January 16, 2014
STATUTES - INITIATIVE AND REFERENDUM - ORDINANCES - COUNTIES - CITIES AND TOWNS - PREEMPTION - POLICE POWERS
Whether Statewide Initiative Establishing System For Licensing Marijuana Producers, Processors, And Retailers Preempts Local Ordinances

 

  1. Initiative 502, which establishes a licensing and regulatory system for marijuana producers, processors, and retailers, does not preempt counties, cities, and towns from banning such businesses within their jurisdictions.
  2. Local ordinances that do not expressly ban state-licensed marijuana licensees from operating within the jurisdiction but make such operation impractical are valid if they properly exercise the local jurisdiction’s police power.
AGO 2014 No. 4 >  March 28, 2014
FEES - TOLLS - FERRIES - INITIATIVE AND REFERENDUM - LEGISLATURE - AMENDMENTS - STATUTORY AUTHORITY
Whether RCW 43.135.055(1) Supersedes The Delegation Of Authority To The Transportation Commission To Set Toll Rates And Ferry Fares

RCW 43.135.055(1), as most recently amended by Initiative 1185 and previously by Initiatives 960 and 1053, does not amend or repeal approval the legislature has granted in other statutes for the imposition or increase of fees, and makes no distinction as to when legislative approval must take place.
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