Is There a Washington State Law That Mandates That Initiatives Take Effect 30 Days After The Election Or 30 Days After The Election Being Certified?

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I read that somewhere, but since it was a holiday I couldn't research it today. If that is so perhaps there won't be anytime for cities to try to pass last minute tax hikes.

-- roy (nannoook@aol.com), November 12, 1999

Answers

Response to IS THERE A WASHINGTON STATE LAW THAT MANDATES THAT INITIATIVES TAKE EFFECT 30 DAYS AFTER THE ELECTION OR 30 DAYS AFTER THE ELECTION BEING CERTIFIED

Yes there is. Thirty days after the election is certified, the initiative will take effect. The initiative that takes effect will, on 1 January, change the rules. Kind of like Congress passing a change in tax laws that phases in over a number of years. The law is in effect, but the effect of the law is delayed. Neat, huh?

-- Mark Stilson (mark842@hotmail.com), November 12, 1999.

It is my believe via study of our Constitutional Laws that an initiative by the people once passed, IS an immediate act-no limitation of time to come into effect is required as is the case when the legislature passes a Bill. In the case where legislature passes a "Bill" the people MUST and SHALL have time to oppose any bill enacted and is where the 90 days come into play. Any one given a citation for expired tabs from November 3d on should fight in court that very issue, ESPECIALLY if you do NOT use your automobile in commerce. Automobile is not to be confused with "vehicles" or "motor vehicles" which ARE used in commerce.

-- Chuck Brezina (antifed@foxinternet.net), November 12, 1999.

Here's the last line off of the initiative

"Sec. 6. This act takes effect January 1, 2000."

Any questions?

-- Gene (Gene@gene.com), November 12, 1999.


Please show me this law that state an iniative becomes effective 30 days after passage??? Does it make sence to you that when the people have spoken that the rats in the legislature that wouldn't do what is correct in the first place should be given 30 to do an end run on the people??? NOT NOT NOT!! An aniative does NOT follow the same rules as the rules to rule the legislature.

-- Chuck Brezina (antifed@foxinternet.net), November 12, 1999.

Thanks Gene, I did read that, however I still say that it has immediate inactment so as not to allow the papists cossacks to continue their "legal plunder" notice that they always make it legal to shaft the people. I have had enough.

-- Chuck Brezina (antifed@foxinternet.net), November 12, 1999.


The 30 day reference is to a state constitution provision, that makes initiatives effective 30 days after the election results are final (not the election date). The reference to section 6 is likely to prevail; in that the initiative is effective in 30 days, but it makes its owm provisions effective on 1/1/2000. This was an issue I raised months ago, and at that point I expected the constitutional provision to prevail; but the above construction fits both the constitution and the intent of the initiative.

-- dbvz (dbvz@wa.freei.net), November 12, 1999.

Please enlighten me to a cite that makes an "initiative" effective 30 days after anything-My reading of the initiative process states that shall be law the very moment it is evident of its passage.

-- Chuck Brezina (antifed@foxinternet.net), November 15, 1999.

Article II, Section 1 (d) reads as follows:

"(d) The filing of a referendum petition against one or more items, sections, or parts of any act, law, or bill shall not delay the remainder of the measure from becoming operative. Referendum petitions against measures passed by the legislature shall be filed with the secretary of state not later than ninety days after the final adjournment of the session of the legislature which passed the measure on which the referendum is demanded. The veto power of the governor shall not extend to measures initiated by or referred to the people. All elections on measures referred to the people of the state shall be had at the next succeeding regular general election following the filing of the measure with the secretary of state, except when the legislature shall order a special election. Any measure initiated by the people or referred to the people as herein provided shall take effect and become the law if it is approved by a majority of the votes cast thereon: Provided, That the vote cast upon such question or measure shall equal one-third of the total votes cast at such election and not otherwise.

Such measure shall be in operation on and after the thirtieth day after the election at which it is approved.

The style of all bills proposed by initiative petition shall be: "Be it enacted by the people of the State of Washington." This section shall not be construed to deprive any member of the legislature of the right to introduce any measure. All such petitions shall be filed with the secretary of state, who shall be guided by the general laws in submitting the same to the people until additional legislation shall especially provide therefor. This section is self-executing, but legislation may be enacted especially to facilitate its operation."

I segregated the specific provision that deals with the 30 day requirement. You can find this through the Washington State Access page, Government, Courts.

-- dbvz (dbvz@wa.freei.net), November 15, 1999.


The specific site is here:

http://www.wa.gov:80/courts/educate/wacon/art2.htm

-- dbvz (dbvz@wa.freei.net), November 15, 1999.


Chuck:

What happened? You didn't like the answer I found for you, so you started another thread?

-- dbvz (dbvz@wa.freei.net), November 17, 1999.



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