I Developments in Washington's Law of Law-Making - Gonzaga ...

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GONZAGA LAW REVIEW [Vol. 44:3 Notwithstanding the two-part Weyerhaeuser/WEA test, article II, section 37 does not apply to an act that is "complete in itself, independent of prior acts, and stand[s] alone as the law on the particular subject of which it treats. ' 286 "Overlay" statutes, such as the Public Records Act, 287 Administrative Procedures Act, 288 and Open Public Meetings Act, 289 may have the effect of restricting other laws, but they are nonetheless complete in themselves. 29 0 Neither does this section prevent the legislature from enacting reference statutes-statutes that refer to and adopt by reference portions of existing statutes. 291 C. The Rope and the Spear: Washington Citizens Action and Initiatives 722 and 747 Washington Citizens Action of Washington 292 involved a challenge to Initiative 747293 under article II, section 37's drafting requirements. The plaintiffs claimed that 1-747 failed to accurately set forth the law that it sought to amend in violation of article II, section 37 because the text of the initiative indicated that it changed property tax limitations from a limit factor 2 94 generally based on two percent to a cap generally based on one percent while "in reality 29 the initiative reduced the cap from six percent to one percent. 29 6 This discrepancy resulted from the intervening invalidation of 1-722. The court agreed with the plaintiffs and invalidated 1-747.297 Specifically, the text of the disputed initiatives read as follows: First, Initiative 722 changed the limit factor from six percent to two percent: 286. Amalgamated Transit, 11 P.3d at 800 (quoting State ex rel. Living Ser., Inc. v. Thompson, 630 P.2d 925, 927-28 (Wash. 1981)). "But an act complete in itself is not within the mischief designed to be remedied by this provision, and cannot be held to be prohibited by it without violating its plain intent." Id at 246-47. 287. WASH. REv. CODE § 42.56.001 (2005). 288. WASH. REv. CODE § 34.05.001 (2004). 289. WASH. REv. CODE § 42.30.010(2005). 290. Conversely, an act that alters an overlay statute may also be complete in itself. For example, an act added a new exemption to public records disclosure obligations without directly amending the public disclosure act. In that situation, the new disclosure exemption was complete in itself and did not require reference to other statutes to understand its purpose and meaning. Wash. Citizens Action v. Office of Ins. Comm'r, 971 P.2d 527, 529-30 (Wash. Ct. App. 1999). 291. Gruen v. Tax Comm'n, 211 P.2d 651, 666 (Wash. 1949) (citing State v. Rasmussen, 128 P.2d 318, 320 (Wash. 1942)). 292. Wash. Citizens Action of Wash. v. State, 171 P.3d 486 (Wash. 2007). 293. 2002 Wash. Sess. Laws ch. 1. 294. For purposes of the article II, section 37 discussion, this description of the "limit factor' is simplified and details are omitted. 295. Wash. Citizens Action ofWash., 171 P.3d at 488. 296. Id. at 487. 297. Id. at 495-96.
2008/09] WASHINGTON'S LAW OF LAW-MAKING Sec. 5. RCW 84.55.005 and 1997 c 393 s 20 and 1997 c 3 s 201 are each reenacted and amended to read as follows: .... (2) "Limit factor" means: (a) For taxing districts with a population of less than ten thousand in the calendar year prior to the assessment year, one hundred ((six)) two percent; (b) For taxing districts for which a limit factor is authorized under RCW 84.55.0101, the lesser of the limit factor under that section or one hundred ((si*)) two percent; (c) For all other districts, the lesser of one hundred ((six)) two percent or one hundred percent plus inflation .... 298 Then, one year later, Initiative 747 revised the limit factor from two percent to one percent: See. 2. RCW 84.55.005 and 200lWash. Sess. Laws ch. 2, § 5 (Initiative Measure No. 722) are each amended to read as follows: ... (2) "Limit factor" means: (a) For taxing districts with a population of less than ten thousand in the calendar year prior to the assessment year, one hundred ((two)) one percent; (b) For taxing districts for which a limit factor is authorized under RCW 84.55.0101, the lesser of the limit factor under that section or one hundred ((two)) one percent; (c) For all other districts, the lesser of one hundred ((two)) one percent or one hundred percent plus inflation .... 299 These sequential changes to the limit factor arose from a complicated statutory and legal history: November 1997: The voters approved R-47, referred to them by the legislature earlier that year. Rather than a strict cap on tax increases, R-47 established a "limit factor" generally based on the lesser of 6% or inflation. 300 298. 2001 Wash. Sess. Laws ch 2 (Initiative 722, approved by the voters in November 2000). 299. 2002 Wash. Sess. Laws ch. 1 (Initiative 747, approved by the voters in November 2001). 300. 1997 Wash. Laws ch. 3 (Referendum Bill 47, approved by the voters in November 1997).
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