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Friday, Mar. 06, 2009

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Justices throw out tax limits case

By Michelle Dupler, Herald staff writer

OLYMPIA -- The Washington Supreme Court on Thursday dismissed a lawsuit filed by Sen. Lisa Brown, D-Spokane, who sought to invalidate a requirement that tax bills considered by the Legislature must pass by a two-thirds supermajority.

Voters approved the requirement by passing Initiative 960 in 2007.

That initiative was a reaffirmation of Initiative 601, passed in 1993, which required that any act by the Legislature that raised or altered taxes had to be approved by a two-thirds majority.

Initiative 601 was reaffirmed by the Legislature several times over the next eight years, but suspended for the 2001-03 biennium when the state faced a revenue shortfall, and again from 2005-07.

The law was reinstated in 2006, and then voters passed the Tim Eyman-sponsored Initiative 960 in 2007.

In 2008, lawmakers tried to reinstate a liquor surcharge but the bill didn't win a supermajority, passing by only a 25-21 margin.

Brown questioned whether the requirement violated the state constitution, but Lt. Gov. Brad Owen, who presides over the Senate, ruled the supermajority was needed. Brown then filed the suit.

The court Thursday declined to interfere in Owen's decision as president of the Senate and dismissed the case.

Senate Republican Leader Mike Hewitt of Walla Walla praised the decision as a "win for the people of Washington."

"It's great news, especially as we're hearing talk of new taxes to fill the state's budget hole, that the public will be protected from the Legislature passing huge tax hikes by a simple majority vote," Hewitt said. "My colleagues and I will continue to advocate for balancing the state's budget without tax increases."

Brown said the decision wouldn't affect any actions lawmakers take during the current legislative session as they wrestle with a projected $8.3 billion revenue shortfall for the remainder of this biennium and for 2009-11.

She said majority Democrats already have vowed that if any tax increases are proposed, they'll be put on the ballot for voters to decide rather than being approved by the Legislature.



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