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Proposed Initiatives to the Legislature - 2004

The following is a list of proposed initiatives to the Legislature filed to date with the Office of the Secretary of State. To be certified, a petition must contain the signatures of at least 197,734 registered voters. The deadline for filing petition signatures for the following initiatives is 5:00 p.m. December 30, 2004. Questions regarding the content of initiatives should be directed to the sponsor(s).

NOTE: Initiative numbers are not assigned until the proposal has been reviewed by the state Code Reviser and the sponsor has submitted the final language of the proposed initiative. The content of initiatives is described as general "subject matter" pending the issuance of an official ballot title and summary by the state Attorney General.


Assigned Number: 318
Filed: 03/11/2004

Sponsors
Mr. Jerome R. Cronk

Public Contact Information:
17544 Midvale Ave N Ste 107
Shoreline, WA 98133
Phone: (206) 542-3181
Fax: (206) 542-3182
jerry@cronklaw.com

Ballot Title
Initiative Measure No. 318 concerns replacing primary elections for certain offices with instant runoff voting.

This measure would eliminate primaries for many offices. Voters would rank their choices with “instant runoff” determining the election if no candidate received an initial majority. Political parties could designate official nominees.

Ballot Measure Summary
Instant runoff voting is a system in which voters rank their choices among all candidates for each office on the general election ballot, instead of holding a primary. If a candidate receives a majority of “first place” votes, then he or she would win. If nobody receives a majority, the last place candidate would be eliminated and votes reassigned to lower choices by rank order. This process is repeated until a candidate receives a majority.

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Assigned Number: 319
Filed: 03/10/2004

Sponsors
Mr. Stephen M. Zemke

Public Contact Information:
2131 N 132nd St
Seattle, WA 98133
Phone: (206) 366-0811


Ballot Title
Initiative Measure No. 319 concerns property tax homestead exemptions.

This measure would allow property owners to file claims obtaining partial exemptions from the real property taxes that would otherwise be assessed on their residences, and describes how the exemptions would be calculated.

Ballot Measure Summary
This measure would provide a property tax homestead exemption on real property used as a property owner’s dwelling place. Property owners would file claims to obtain the exemption. “Property ownership” would include fee interests, life estates, and certain other property interests described in the measure. The amount of the exemption, depending on the taxing district, would be calculated based on median property values in the taxing district or on other factors described in the measure.

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Assigned Number: 320
Filed: 03/23/2004

Sponsors
Mr. Javier O. Lopez

Public Contact Information:
PO Box 5068
Lacey, WA 98509
Phone: (360) 438-2609


Ballot Title
Initiative Measure No. 320 concerns the use of demeaning words.

This measure would demand that demeaning or hurtful words be stricken from printed materials, and declare that government and media should not use any word that “denotes that straights are better than homosexuals.”

Ballot Measure Summary
This measure states that the people strongly believe that all men are created equal, and therefore demand that all printed words that have a demeaning or hurtful meaning shall be stricken from all printed material. It declares that no one person has the right to use words against another human being, listing examples. It states that government, media and newspapers should not use any word and meaning that “denotes that straights are better than homosexuals.”

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Assigned Number: 321
Filed: 03/23/2004

Sponsors
Mr. Javier O. Lopez

Public Contact Information:
PO Box 5068
Lacey, WA 98509
Phone: (360) 438-2609


Ballot Title
Initiative Measure No. 321 concerns gas prices.

This measure would declare: the people will not tolerate higher gas prices, that prices should be reasonable with increases voted by the people, and that some oil profits should be applied to education.

Ballot Measure Summary
This measure would declare that the people will not tolerate gas prices to go higher than they are now. The people would demand that the price of gas be commensurate to a reasonable low price and that the people vote on any price change. A percent (%) of oil profits should be given to educate the young, and used for the sole purpose of public education from kindergarten to high school.

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Assigned Number: 322
Filed: 04/09/2004

Sponsors
Mr. Kenneth W. Sletten

Public Contact Information:
PO Box 888
Keyport, WA 98345-0888
Phone: (360) 620-5008
wasbra@wavecable.com

Ballot Title
Initiative Measure No. 322 concerns administrative rulemaking, hearings, and agency heads appointed by the governor.

This measure would add requirements for state agencies to adopt or apply administrative rules; and limit agency heads to one year terms if the senate took no action to confirm the governor’s appointment.

Ballot Measure Summary
This measure would require the governor’s signature to adopt certain significant administrative rules by agencies headed by the governor’s appointees, require “explicit” statutory authority for adopting rules, change the procedures by which administrative rules are adopted and applied, and relax requirements for attorney fees. Environmental rules must be supported by a specific scientific standard. Agency heads appointed by the governor would be prohibited from continuing to serve unless confirmed by the senate within one year.

Withdrawn

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Assigned Number: 323
Filed: 04/09/2004

Sponsors
Mr. Kenneth W. Sletten

Public Contact Information:
PO Box 888
Keyport, WA 98345-0888
Phone: (360) 620-5008
wasbra@wavecable.com

Ballot Title
Initiative Measure No. 323 concerns challenges to agency rulemaking.

This measure would permit challenges to rulemaking to be brought in any county where a petitioner lives or has property affected, and shift the burden of proof to the agency in some circumstances.

Ballot Measure Summary
This measure would allow cases challenging agency rules to be brought in Thurston County, the county of the petitioner’s residence, or any county where the petitioner owned property affected by the contested rule. If a petitioner identified probable defects in a rule, the agency would have the burden of going forward with the evidence to establish the rule’s validity. Courts could grant relief after determining that an order was “based on a de facto rule.”

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Assigned Number: 324
Filed: 04/23/2004

Sponsors
Mr. Kenneth W. Sletten

Public Contact Information:
PO Box 888
Keyport, WA 98345-0888
Phone: (360) 620-5008
wasbra@wavecable.com

Ballot Title
Initiative Measure No. 324 concerns application of the Growth Management Act.

This measure would authorize counties with fewer than one hundred persons per square mile, and the cities within those counties, to remove themselves from the comprehensive planning requirements of the Growth Management Act.

Ballot Measure Summary
This measure would amend the Growth Management Act to change the criteria for determining which counties and cities must plan under the Act. Only counties with a population density of 100 persons or more per square mile would be required to plan. Counties with lower population density could remove themselves from planning under the Act, along with the cities within those counties. Total population and growth rate would no longer determine whether the Act applies.

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Assigned Number: 325
Filed: 04/22/2004

Sponsors
Mr. Richard J. Spady

Public Contact Information:
4426 Second Ave NE
Seattle, WA 98105-6191
Phone: (206) 634-0420
Fax: (206) 633-3561
fastforum@aol.com

Ballot Title
Initiative Measure No. 325 concerns a process to provide citizens’ opinions to state government.

This measure would establish a program, funded by fees and donations, whereby citizens can volunteer to meet in small groups and give their opinions on topics selected by the governor, auditor, and legislators.

Ballot Measure Summary
This measure would authorize individuals to volunteer to serve as citizen councilors, who would meet in small groups and give their opinions on topics selected by the governor, auditor, and legislators. The auditor would develop objective information about each topic to be presented at the meetings. The auditor would appoint a volunteer councilor coordinator to facilitate gathering opinions from the groups. The program would be financed by small fees paid by participants and by donations.

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Assigned Number: 326
Filed: 05/04/2004

Sponsors
Mr. Kenneth W. Sletten

Public Contact Information:
Po Box 888
Keyport, WA 98345-0888
Phone: (360) 620-5008
wasbra@wavecable.com

Ballot Title
Initiative Measure No. 326 concerns revisions in administrative procedure.

This measure would require the governor’s signature on certain rules, allow persons to seek judicial review without exhausting administrative remedies, place new limits and conditions on rulemaking, and increase allowable attorney fee awards.

Ballot Measure Summary
This measure would revise the administrative procedures act in several ways. Significant legislative rules would require the governor’s signature. A person could seek judicial review of agency action after exhausting only one administrative remedy, such as informal settlement procedures. New conditions and limitations would be placed on agency rulemaking. If a party prevails in superior court in a case involving significant legislative rules, net worth and award limitations on attorney fee awards would be removed.

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Assigned Number: 327
Filed: 04/30/2004

Sponsors
Mr. Richard Lee Moore

Public Contact Information:
91 Packard Street
Underwood, WA 98651-9016
Phone: (509) 493-2098


Ballot Title
Initiative Measure No. 327 concerns calling for a federal constitutional convention.

This measure would instruct the legislature to call for a convention to propose amendments to the United States Constitution concerning a national initiative, referendum and recall; the electoral college; and treaty ratification procedures.

Ballot Measure Summary
This measure would instruct the state legislature to call for a convention to propose amendments to the United States Constitution. The measure contains a suggested amendment which would establish a system of national initiatives and referendums administered by an elected board. The proposed amendment would also abolish the electoral college, require new treaties to be ratified by the voters by a two-thirds vote, and provide a process for recall of public servants in high offices.

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Assigned Number: 328
Filed: 05/18/2004

Sponsors
Mr. Javier O. Lopez

Public Contact Information:
PO Box 5068
Lacey, WA 98509
Phone: (360) 438-2609
Fax: (360) 438-2609
jdr1123@netzero.net

Ballot Title
Initiative Measure No. 328 concerns health care.

This measure would provide that 2% from sales or profits from pharmaceuticals, drug companies, health insurance companies, tobacco and alcoholic beverages be given for creation of a healthcare plan for those in need.

Ballot Measure Summary
This measure states: “that a 2(%) percent be given for the creation of a true healthcare plan [to] benefit the elderly, single mothers, and their dependent children and anyone in need.” Sources of “this 2%” include “pharmaceuticals, drug producing companies,” health insurance companies, and the sale of tobacco and alcohol. “All of these entities would give 2% of their profits for the creation of a healthcare comprehensive program that would benefit citizens in need.”

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Assigned Number: 329
Filed: 06/14/2004

Sponsors
Ms Linda C. Morales

Public Contact Information:
5148 S Morgan
Seattle, WA 98118
Phone: (206) 723-3754
myheartslooking@yahoo.com

Ballot Title
Initiative Measure No. 329 concerns railroad safety.

This measure would increase penalties for railroad trespass and for railroad employee misconduct; require railroads to patrol for trespassers; and require the use of specialized imaging equipment to detect pedestrians on railroad tracks.

Ballot Measure Summary
This measure would make it a gross misdemeanor to willfully obstruct the passage of any railway car, or to trespass on a railroad, or for railroad employees to violate or omit their duties. Railroad companies would be required to patrol for railroad trespassers and to ensure locomotive engineer compliance. Carriers would be required to use imaging devices enabling engineers to detect trespassing pedestrians, and to mount high power video cameras at high pedestrian fatality locations.

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Assigned Number: 330
Filed: 06/17/2004

Sponsors
Dr. Jeffrey B. Collins

Public Contact Information:
1800 Cooper Pt Rd SW, Bldg 7, Suite A
Olympia, WA 98502
Phone: (360) 352-4848
Fax: (360) 352-4303
len@wsma.org

Ballot Title
Initiative Measure No. 330 concerns claims for personal injury or death arising from healthcare services.

This measure would change laws governing claims for negligent healthcare, including restricting noneconomic damages to $350,000 (with exception), shortening time limits for filing cases, limiting repayments to insurers and limiting claimants’ attorney fees.

Ballot Measure Summary
This measure would change healthcare liability laws by: limiting recovery for noneconomic damages; limiting attorney fees; requiring advance notice of lawsuits; shortening time for filing cases; expanding evidence of payment from other sources and eliminating subrogation for those sources; authorizing mandatory arbitration without trial; authorizing periodic payments of future damages and terminating those payments under certain circumstances; eliminating liability for other persons or entities in some cases; and limiting damage recovery from multiple healthcare providers.

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Assigned Number: 331
Filed: 06/17/2004

Sponsors
Dr. Jeffrey B. Collins

Public Contact Information:
1800 Cooper Pt Rd SW, Bldg 7, Suite A
Olympia, WA 98502
Phone: (360) 352-4848
Fax: (360) 352-4303
len@wsma.org

Ballot Title
Initiative Measure No. 331 concerns claims for joint liability and negligent healthcare and related services.

This measure would change joint liability; and limit liability for injuries and death from negligent healthcare by restricting noneconomic damages to $350,000 (with exception), limiting repayments to insurers, and limiting claimants’ attorney fees.

Ballot Measure Summary
This measure would limit damage recovery from multiple defendants; and change healthcare liability laws by: limiting recovery for noneconomic damages; limiting attorney fees; requiring advance notice of lawsuits; shortening time for filing cases; expanding evidence of payment from other sources and eliminating subrogation; authorizing mandatory arbitration without trial; authorizing periodic payments of future damages and terminating payments under certain circumstances; eliminating liability for others in some cases; and limiting damage recovery from multiple healthcare providers.

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Assigned Number: 332
Filed: 06/29/2004

Sponsors
Mr. Christopher Covert-Bowlds

Public Contact Information:
2075 Barkley Blvd, #105
Bellingham, WA 98226
Phone: (360) 671-3345
Fax: (360) 650-1354
cjcovert@hinet.org

Ballot Title
Initiative Measure No. 332 concerns amending the Clean Indoor Air Act by expanding smoking prohibitions.

This measure would prohibit smoking in buildings and vehicles open to the public and places of employment, including areas within 25 feet of doorways and ventilation openings unless a lesser distance is approved.

Ballot Measure Summary
This measure would prohibit smoking in public places and in places of employment. Current laws allowing designation of certain smoking areas would be repealed, including current provisions allowing designation of an entire restaurant, bar, tavern, bowling alley, skating rink, or tobacco shop as a smoking area. The prohibition would include areas within 25 feet of entrances, exits, opening windows and ventilation intakes, unless shorter distances are approved by the director of the local health department.

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Assigned Number: 333
Filed: 06/30/2004

Sponsors
Mr. Elliot Swaney

Public Contact Information:
111 21st Ave SW
Olympia, WA 98501
Phone: (360) 352-7800
Fax: (360) 352-7801
elliots@biaw.com

Ballot Title
Initiative Measure No. 333 concerns workers’ compensation.

This measure would revise workers’ compensation benefits, including redefining wages to exclude fringe benefits, modifying maximum benefits payable to surviving spouses and dependents; and establishing new limits on payments to disabled workers.

Ballot Measure Summary
This measure would revise the state’s laws concerning workers’ compensation. The term “wages” would be redefined and would exclude fringe benefits. Death and disability benefits to workers, spouses and dependents would be limited to 120% of the average monthly wage in the state, adjusted for inflation. Adjusting benefits to reflect changed circumstances would no longer be allowed. Annual audits would be required. New limits would be set on fees for attorneys representing workers or beneficiaries.

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Assigned Number: 334
Filed: 08/03/2004

Sponsors
Mr. Robby Stern

Public Contact Information:
314 1st Ave W
Seattle, WA 98119
Phone: (206) 281-8901
Fax: (206) 285-5805


Ballot Title
Initiative Measure No. 334 concerns changes to the Washington Industrial Insurance Act.

This measure would continue employer-provided health care coverage until workers return to work; eliminate worker contributions to industrial insurance benefit funds; extend vocational retraining benefits; and define attorney fees.

Ballot Measure Summary
This measure would require employers providing health care to maintain coverage while workers are unable to work. Retrospective safety-related and administrative refunds would be returned directly to individual employers. Employers with below-average safety records would not receive refunds. Worker contributions to industrial insurance benefit funds are eliminated. Vocational retraining benefits may be extended to 104 weeks. Employers could be sanctioned for retaliating against workers filing claims or testifying. Attorney fees are defined.

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Assigned Number: 335
Filed: 08/18/2004

Sponsors
Mr. Nathaniel Davis

Public Contact Information:
PO Box 3383
Kent, WA 98089
Phone: (206) 469-1250


Ballot Title
Initiative Measure No. 335 concerns extending eligibility for the Washington State Medal of Valor.

This measure would permit the medal of valor to be awarded to a firefighter, law enforcement officer, emergency services officer, or active or retired military personnel, in addition to other United States citizens.

Ballot Measure Summary
This measure would permit the Washington State Medal of Valor to be awarded to public safety officers, in addition to other citizens. “Public safety officer” would be defined to mean, “a person serving a public agency, with or without compensation, as a firefighter, law enforcement officer, or emergency services officer.” Law enforcement officers would include a corrections or court officer or civil defense officer. Active or retired military personnel would also be eligible.

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Assigned Number: 336
Filed: 08/30/2004

Sponsors
Ms Cheryl Ann Marshall
Mr. Israel Dylan Malone
Ms Judy I Massong
Mr. Lawrence B. Shannon

Public Contact Information:
470 McGraw St
Seattle, WA 98112
Phone: (206) 624-6800


Ballot Title
Initiative Measure No. 336 concerns medical malpractice, including insurance, healthcare provider licensing, and lawsuits.

This measure would: require notices and hearings on insurance rate increases; establish a supplemental malpractice insurance program; require license revocation proceedings after three malpractice incidents; and limit numbers of expert witnesses in lawsuits.

Ballot Measure Summary
This measure would establish a supplemental malpractice insurance program for liability exceeding private insurance, overseen by an appointed board and the insurance commissioner. Healthcare facilities and providers would pay for coverage; the legislature could add state funds. Public notice and hearings on malpractice rate increases would be required. In lawsuits, experts would be limited and plaintiffs required to certify merit of cases. Medical doctors’ licenses could be revoked for three malpractice incidents absent mitigating circumstances.

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Assigned Number: 337
Filed: 11/09/2004

Sponsors
Mr. Leo J. Fagan
Mr. M.J. Fagan
Mr. Tim Eyman

Public Contact Information:
PO Box 18250
Spokane, WA 99228
Phone: (509) 467-5467
Fax: (509) 467-4323
jakatak@comcast.net

Ballot Title
Initiative Measure No. 337 concerns performance audits of governmental entities.

This measure would direct the state auditor to conduct performance audits of state and local agencies, and dedicate 0.1538% of the state’s portion of sales and use tax collections to fund these audits.

Ballot Measure Summary
This measure would direct the state auditor to conduct performance audits of state and local government agencies and entities, including executive, legislative, and judicial agencies. The audits would include reviews of the economy, efficiency, and effectiveness of each agency’s policies, management, fiscal affairs, and operations. To fund the audits, 0.1538% of the state’s portion of sales and use tax collections would be placed in a new state treasury account and used only for performance audits.

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Assigned Number: 338
Filed: 11/22/2004

Sponsors
Mr. Leo J. Fagan
Mr. M.J. Fagan
Mr. Tim Eyman

Public Contact Information:
PO Box 18250
Spokane, WA 99228
Phone: (509) 467-5467
Fax: (509) 467-4323
jakatak@comcast.net

Ballot Title
Initiative Measure No. 338 concerns performance audits of governmental entities.

This measure would direct the state auditor to conduct performance audits of state and local government agencies, and would dedicate a portion of the state sales and use taxes to fund these audits.

Ballot Measure Summary
This measure would direct the state auditor to conduct performance audits of state and local government agencies and entities, including executive, legislative, and judicial agencies. The audits would include reviews of the economy, efficiency, and effectiveness of each agency’s policies, management, fiscal affairs, and operations. A portion of the state sales and use taxes (.01% of the selling price or of the value of the article, respectively) would be set aside for conducting performance audits.

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Assigned Number: Not Assigned
Filed: 06/04/2004

Sponsors
Mr. D. Dewalt

Public Contact Information:
PO Box 323
Woodinville, WA 98072
Phone: 866-439-3253
dale@votequest.org

Initiative Subject
Relating to business bankruptcy

Inactive

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Assigned Number: Not Assigned
Filed: 08/06/2004

Sponsors
Ms. Cheryl Ann Foster
Mr. Israel Dylan Malone
Ms. Judy I Massong

Public Contact Information:
1511 State Ave
Olympia, WA 98506
Phone: (360) 786-9100
Fax: (360) 786-9103
govaffairs@wstaoly.org

Initiative Subject
Relating to health care

Inactive

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Assigned Number: Not Assigned
Filed: 09/02/2004

Sponsors
Mr. D. Dewalt

Public Contact Information:
PO Box 323
Woodinville, WA 98072
Phone: 866-439-3253
dale@votequest.org

Initiative Subject
Relating to business bankruptcy filings

Inactive

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Assigned Number: Not Assigned
Filed: 12/03/2004

Sponsors
Mr. Leo J. Fagan
Mr. M.J. Fagan
Mr. Tim Eyman

Public Contact Information:
PO Box 18250
Spokane, WA 99228
Phone: (509) 467-5467
Fax: (509) 467-4903
jakatak@comcast.net

Initiative Subject
*Relating to performance audits of governmental entities.

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Assigned Number: Not Assigned
Filed: 12/08/2004

Sponsors
Mr. Leo J. Fagan
Mr. M.J. Fagan
Mr. Tim Eyman

Public Contact Information:
PO Box 18250
Spokane, WA 99228
Phone: (509) 467-5467
Fax: (509) 467-4323
jakatak@comcast.net

Initiative Subject
*Relating to performance audits of governmental entities.

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