Lawmakers suing to make tax increases easier?
Posted by Mike Reitz - March 01, 2008Senate Democrats are readying a lawsuit challenging Initiative 960, which requires the legislature to pass tax-and-fee increases by a two-thirds majority. The Olympian has this AP report.
On Friday, a proposed $10 million liquor tax failed to get the two-thirds vote needed, and Senate Majority Leader Lisa Brown asked Lt. Gov. Brad Owen to rule I-960 unconstitutional. "A two-thirds requirement to pass certain types of bills, in my opinion, is antidemocratic and violates the Washington constitution," Brown said. Owen ruled that the question is for the courts to address.
Senator Brown later confirmed that Senate Democrats would bring a lawsuit. (Initiative 960 survived a pre-election challenge from Futurewise and SEIU.)
But WPC's Jason Mercier points out that the 2/3 vote requirement has been on the books since 1993, when voters adopted I-601. I-960 simply made it harder for lawmakers to duck the 2/3 requirement.
Given the similarities between 601 and 960, it's worth recalling last year's case where the Supreme Court addressed a legislative maneuver to duck I-601. The court declined to address the constitutionality of the measure, but Chief Justice Alexander and Justice Chambers indicated their distaste for the initiative.
There's a simple way for the legislature to bypass the two-thirds vote: send the tax increase to the voters for approval. Senator Brown & Co. obviously feel the courts will be more receptive.
Thoughts? Add Comment -
Mr. John Robinson said on Jul 19 2008 at 12:48am
It's pitiful when activist judges and/or elected officials show, in effect, contempt for the public with their "we know better than you" rulings/legislation. Senator Brown and most of both the Democratic Party and the Washington State Supreme Court, are but a few examples!