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Washington House Bill 2055 (2015)

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Washington House Bill 2055
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Legislature:Washington State Legislature
Text:HB 2055
Sponsor(s):Rep. Norm Johnson (R-14) and 29 co-sponsors
Legislative history
Introduced:February 9, 2015
State house:February 18, 2015
State senate:March 30, 2015
Governor:Gov. Jay Inslee (D)
Vetoed:May 6, 2015
Legal environment
State law:Initiatives and referendums
Code:Washington Revised Code
Section:RCW 29A.32 and 29A.32.72


Washington House Bill 2055, which concerned language on ballot measures, especially the fiscal impact statement, was sponsored by Rep. Norm Johnson (R-14) and introduced on February 9, 2015. It was unanimously approved in the Washington House of Representatives at the final reading on February 18, 2015. In the Washington State Senate, the bill was given final approval on March 30, 2015, with one dissenter. Gov. Jay Inslee (D) partially vetoed HB 2055 on May 6, 2015. Section 3 of this bill was vetoed, and Sections 1 and 2 of it were enacted.[1]

Provisions

See also: Laws governing the initiative process in Washington

Section 1 and Section 2 of HB 2055, which were left unaffected by the governor's partial veto and were enacted, allowed the secretary of state to provide a deadline for the preparation of explanatory and fiscal analysis statements for ballot measures. It also required a copy of the explanatory and fiscal impact statements to be provided to the supporting and opposing committees before they prepare their arguments in support or opposition to the measure in question.[2]

Section 3 of the law was vetoed by Gov. Jay Inslee. Section 3 dictated a new process by which citizens could challenge any prepared fiscal impact statement or explanatory statement in court. Inslee stated that the new process would cause unnecessary delays and require the courts to give inappropriate advisory rulings on proposed initiatives before they reached the ballot or were approved by the voters.[3]

Governor's veto statement

Inslee gave the following explanation of his veto:[3]

I am returning herewith, without my approval as to Section 3, House Bill No. 2055 entitled:

"AN ACT Relating to statements on ballot measures in voters' pamphlets."

The intent of this bill is to provide voters with more information about the potential fiscal impact of a ballot initiative. The bill moves forward the deadline for the Attorney General to prepare the explanatory statement and the Office of Financial Management to prepare the fiscal impact statement so that the information is available to the pro and con committees when drafting their statements for the voters pamphlet.

In addition to moving forward the deadline for the Office of Financial Management to prepare the fiscal impact statement, Section 3 also creates a new cause of action for any person dissatisfied with the fiscal impact statement to challenge the statement in superior court. This new cause of action would frustrate the intent of this bill and cause unnecessary delay. It would also place the court in the untenable position of having to make advisory rulings on the initiative at issue in the fiscal impact statement. The Office of Financial Management identifies the assumptions made in preparation of the fiscal impact statement. Under this new cause of action, the court would have to make a legal ruling on these assumptions, which would constitute an advisory opinion on the initiative. There are current legal options available to those who wish to challenge a fiscal impact statement without creating a new cause of action. For these reasons, I am vetoing section 3 of House Bill 2055.

While I am vetoing Section 3, I am instructing the Office of Financial Management to work cooperatively with the Secretary of State to ensure any fiscal impact statement is completed in time to share with the pro and con committees before they complete their statements for the voters' pamphlet. This will ensure the intent of the legislation is fulfilled. For these reasons I have vetoed Section 3 of House Bill No. 2055.

With the exception of Section 3, House Bill No. 2055 is approved.[4]

Gov. Jay Inslee[3]

See also

Footnotes