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

GONZAGA LAW REVIEW
[Vol. 44:3
(c) For all other districts, the lesser of one hundred ((six)) one percent or one
hundred percent plus inflation ....
To the court, the amended statutory version actually set forth in the initiative
text 3 18 did not show the law as it existed at the time of the vote, i.e., the state of the
law as wrought by judicial action, not merely the most recent version of the statutory
section. 319 According to the court, this meant that 1-747's text misled the voters about
the effect of the initiative on "current" law. 320
E. Washington Citizens Action Conflicts with Legislative Drafting Practices
Washington Citizens Action creates a number of drafting difficulties for the
legislature, as well as additional problems for the initiative process.
First, Washington Citizens Action conflicts with prior understanding of article II,
section 37's requirements by establishing an additional test not rooted in text of the
constitution. This new test asks whether the legislation sets forth the operative
change in the law, rather than simply setting forth the entire section as the law will
read if adopted. This new test has the effect of constitutionalizing the offset method,
a legislative drafting practice that implements article I, section 37, but was not
previously required by it. 321
In statehood-era law, article II, section 37 was satisfied if the affected section was
fully set forth
322
with the changes incorporated. Under this reasoning, the following
legislation would satisfy article II, section 37:
Sec. 2. 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 one percent;
318. See supra notes 298-299 and accompanying text.
319. Wash. Citizens Action of Wash., 171 P.3d at 492-93,495-96.
320. Id.
321. See supra Section V.A (discussing Fircrest, in which the plurality's ruling had the effect
of "constitutionalizing" the ministerial bill title, in which affected sections are recited as a matter of
legislative custom, rather than by constitutional requirement); see Original Acts, supra note 146, at
42-43 & nn.39-41 (discussing ministerial title).
322. COOLEY, supra note 36, at 181-82; SUTHERLAND, supra note 242, §131, at 168; see
discussion supra Section V1.A.