I-960 Supermajority Requirement Upheld ... For Now

Another kind of budget showdown took place today in the state Senate when Sen. Tim Sheldon asked for a ruling on whether a liquor tax increase required supermajority approval under I-960. Sen. Sheldon thought it did. Senate Majority Leader Lisa Brown contended I-960 imposed an unconstitutional restraint on the prerogatives of the legislature.

Lt. Governor Brad Owen made the only logical ruling: of course it requires a supermajority.

Joe Turner has the details in the Political Buzz blog of The News Tribune. The link includes the entirety of the lieutenant governor's ruling. Here's the critical portion (the lieutenant governor is president of the Senate):

The Constitution is the preeminent law of our state, and all other laws and rules applicable to this body are unquestionably subordinate to the Constitution. Nonetheless, the President has taken an oath to uphold all of the laws of our state and nation, including both Constitutional and statutory law. Whatever the merits of Senator Brown’s legal argument—and the President is inclined to agree with her arguments—it is not for him to decide legal matters. Under our Constitutional framework of separation of powers, the authority for determining a legal conflict between the Constitution and a statute is clearly vested with the courts.

For these reasons, the President believes he lacks any discretion to make such a ruling, and he explicitly rejects making any determination as to the Constitutionality of I-960 and instead is compelled to give its provisions the full force and effect he would give any other law.

So the tax hike, falling short of the supermajority, failed.

This won't be the end of it. As I wrote here,  I-960 will face tough sledding in the Supreme Court. And a challenge is likely, though perhaps not this year.

 

Comments

[Tim Eyman, I-960 co-sponsor]

From: Tim Eyman

Here's what we sent to everyone today:

RE: Huge victory for taxpayers today regarding I-960's 2/3's requirement

Today in the Senate, Lisa Brown and other Democrats tested Lt.
Governor Brad Owen's view of I-960's 2/3's requirement. He (and his team of lawyers) looked at I-960's clear language and intent and affirmed it.
This is a huge victory for the taxpayers. The voters' approval of I-960 sent a clear message to politicians: tax increases must ALWAYS be a last resort. If the program funded by the proposed tax increase is a high priority to legislators, then voters want them to reduce funding for a lower priority program to fund the new program. In other words, prioritize. In this case, Lisa Brown wanted $10 million for new government spending. If she and the other Democrats still think that $10 million program is worthy, then find the money among the billions already being raised from other taxes and fees.

Don't know where to start? Begin with a phone call to State Auditor Brian Sonntag.

It's time for Democrats to start adopting Auditor Sonntag's growing list of performance audit recommendations. So far, he and his team of auditors have made 434 recommendations providing $3.2 billion in taxpayer savings. His identified list of reforms provide the voters' preferred strategy to handle current and future deficits, as well as the way to provide promised property tax relief.

Brian Sonntag and his team have been doing an exceptional job using the tools the voters granted him with their approval of I-900. He's doing exactly what the voters wanted: identifying ways to deliver government services more effectively, saving taxpayers billions, and providing the reforms necessary to institute desperately needed property tax relief.

This year's initiative -- ReduceCongestion.org I-985 -- is a cattle prod to do exactly that. I-985 takes the recommendations from Sonntag's comprehensive performance audit of the Department of Transportation and gives the voters the chance to approve them. And I-985 funds Sonntag's proposed policy changes with transportation-related revenue that is currently being diverted to non-transportation spending. As the Olympian editorial board recently pointed out: every performance audit report by Auditor Sonntag must be viewed as a potential initiative. If they won't listen to Auditor Sonntag, then the voters will do it for them (Lawmakers must respond to audit findings -- If legislators won't lead government reforms, the public will, EDITORIAL BOARD OF THE OLYMPIAN NEWSPAPER, Published January 15, 2008, http://www.theolympian.com/opinion/story/328741.html).

As long as politicians have access to an endless supply of revenue from taxpayers, they will never prioritize -- voters clearly know that government will never reform itself when its fat and happy.

Just like last year's I-960, this year's initiative I-985 protects taxpayers. Democrats clearly have a one-size-fits-all, the only-solution-is-a-tax-increase mentality. We ask everyone to help us work super hard to give voters a better option. If we don't, then taxpayers will quickly watch their family budgets get smaller and smaller.

We have until July 3rd to gather enough signatures to qualify for the ballot. ReduceCongestion.org I-985 is a desperately needed, common sense initiative that voters will happily support. But they need you to give them that chance.

Please help ensure the success of this year's taxpayer protection initiative.

FULL STEAM AHEAD!

Best Regards, Tim Eyman, Jack Fagan, Mike Fagan, & Mike Dunmire, ph:
425-493-9127, email: tim_eyman@comcast.net, http://www.ReduceCongestion.org

P.S. Here's a quick summary of this year's initiative:
ReduceCongestion.org I-985 implements the State Auditor's recommendations to reform the Department of Transportation and reduce traffic congestion by using existing public resources more effectively. It opens carpool lanes to everyone during non-peak hours, requires local governments to synchronize traffic lights on heavily-traveled arterials and streets, and increases roadside assistance funding to clear out accidents faster with the implementation overseen by the State Auditor. These policies are funded by taxes and charges we already pay: 15% of vehicle sales taxes, revenue from fines generated from red light traffic cameras, and a percentage that previously went to art on transportation-related public works projects.
Finally, I-985 doesn't impose tolls, but it institutes critical taxpayer protections if tolls are created and levied.

ReduceCongestion.org (Reduce Traffic Congestion Initiative) . PO Box 18250 Spokane . WA . 99228 . PH: 425-493-8707 . FAX: 425-493-1027 .
http://www.ReduceCongestion.org . email: jakatak@comcast.net