Democrats were sent to Olympia to make laws, not wiggle around them

It appears most of our state legislators know how to work around laws as well as craft them.

While their attempt to exempt themselves from the state Public Records Act garnered a significant amount of attention, it was not the only sly maneuver this year.

At the very end of the legislative session, a majority of state Democrats implemented a crafty plan that allowed them to circumvent the state Constitution and raid the state’s reserve account.

They ended up approving a last-minute supplemental budget deal that re-directed $700 million. Instead of going into the state Rainy Day Fund, the money was siphoned off to boost K-12 public education and help with a one-time reduction in state property taxes.

While their intent to provide tax relief is an honorable goal, the way they went about it is disgraceful and risky.

Citizens in 2007 supported a constitutional amendment that requires lawmakers to transfer new revenue into budget reserves when times are good. That requirement was affirmed and strengthened by voters again in 2011, creating a formula for legislators to follow.

It’s a way citizens can ensure politicians are saving money when they might be tempted to spend it.

Dipping into those reserves also is restricted, and generally requires a 60 percent majority vote in the Legislature.

But what happens if the extra revenue is funneled elsewhere?

Aha!

What a trick. If the money is diverted before it ever reaches the Rainy Day Fund, then the supermajority vote requirement falls away.

The problem is this tactic completely goes against the spirit of the constitutional amendments approved by voters.

What’s more, there was no public hearing in the Senate on this proposal.

The House managed to arrange a short public hearing on the last day of the legislative session, but state Treasurer Duane Davidson was the only person to make it there to oppose the plan.

Davidson, who was Benton County treasurer for 13 years before being elected to the state job in Olympia, fought hard against raiding the state’s reserve account.

He said on his website, “If the Legislature chooses to ignore the will of the people and instead tap into what should be Rainy Day Funds — then it should prioritize paying down debt.”

Davidson also said, “Choosing to not save today when we’re experiencing extraordinary revenue growth guarantees that our budget problems will be much greater when the next recession hits.”

But the Democrat majority obviously did not agree.

Those lawmakers believe the reserves still will be substantial, and that diverting money meant for a rainy day won’t hurt the state later on.

Aside from the financial implications, the primary concern we have is the way lawmakers so easily skirt constitutional law in order to get what they want.

Tim Eyman, known statewide for promoting initiatives, has filed a lawsuit over the issue.

The complaint says, “It cannot be optional for the Legislature to comply with the Constitution. If the members of the Legislature succeed in diverting some Rainy Day Fund tax revenues this time, there is no legal justification to stop them from diverting all Rainy Day Fund tax revenues next time.”

He is right.

Eyman admits that, ironically, the person most vehemently opposed to the Legislature’s unconstitutional actions ends up becoming the lead defendant in the case — Davidson.

As state treasurer, Davidson is required to execute the laws passed by the Legislature, and although he opposed the decision to raid the fund, he is the one Eyman must target in the suit.

Eyman said he knows he and Davidson are actually on the same side.

Regardless of the lawsuit, we wish legislators would, on their own, stop looking for ways to wiggle around the Constitution when it suits them.

Legislators who spend their life making laws should know how to follow them.

This story was originally published March 31, 2018 at 2:36 PM with the headline "Democrats were sent to Olympia to make laws, not wiggle around them."