Will Governor veto tax transparency suspension? Wash D’s Suspend Tax Limits When They Need it Most

February 18, 2010

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From my friends over at the Washington Policy Center:Late this evening the House adopted its version of SB 6130, repealing for 2-years the 2/3 vote requirement for tax increases and some of the transparency provisions of Initiative 960 enacted by the voters in 2007.
The vote in the House was 51-47

Since the House made changes to the bill (added back email notification of tax increases) it now goes back to the Senate for approval and then to the Governor for signature.
The repeal of the 2/3 vote requirement will clear the way for tax increases. Today the Governor proposed $605 million in tax increases.
Though the Governor plans to sign the 2-year repeal of the 2/3 vote requirement for tax increases she has not indicated whether she supports the Legislature’s plan for a 2-year repeal of non-binding advisory votes for tax increases enacted with a referendum denying emergency clause
The intent section of I-960 discusses the goal of the non-binding tax advisory votes:
From I-960:

Our state constitution guarantees to the people the right of referendum. In recent years, however, the legislature has thwarted the people’s constitutional right to referendum by excessive use of the emergency clause . . . The people find that, if they are not allowed to vote on a tax increase, good public policy demands that at least the legislature should be aware of the voters’ view of individual tax increases. An advisory vote of the people at least gives the legislature the views of the voters and gives the voters information about the bill increasing taxes and provides the voters with legislators’ names and contact information and how they voted on the bill. The people have a right to know what’s happening in Olympia.

By repealing for 2-years the non-binding advisory votes, lawmakers that vote for a tax increase will be spared from having their names show up in the voter’s pamphlet next to a description of the tax increases they supported as required by RCW 29A.32.070:

“Two pages shall be provided in the general election voters’ pamphlet for each measure for an advisory vote of the people under RCW 43.135.041 and shall consist of the serial number assigned by the secretary of state under RCW 29A.72.040, the short description formulated by the attorney general under RCW 29A.72.283, the tax increase’s most up-to-date ten-year cost projection, including a year-by-year breakdown, by the office of financial management under RCW 43.135.031, and the names of the legislators, and their contact information, and how they voted on the increase upon final passage so they can provide information to, and answer questions from, the public. For the purposes of this subsection, ‘names of legislators, and their contact information’ includes each legislator’s position (senator or representative), first name, last name, party affiliation (for example, Democrat or Republican), city or town they live in, office phone number, and office e-mail address.”

Short of a change of heart in the Senate, the only thing that can ensure the non-binding tax advisory votes as intended by the voters remains in effect is the Governor’s veto pen.
The Constitution provides the Governor line-item veto authority which means she could approve the 2-year repeal of the 2/3 vote requirement while maintaining the non-binding tax advisory vote provision.

Posted by Jason Mercier at 10:08 PM in Budget and Taxes | Permalink


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