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January 10, 2010 in City
No Washington agency safe from budget knife
OLYMPIA – For the casual observer, it may help to regard the Legislature as theater. Some days it’s a comedy, some days it’s a tragedy, but there’s always a big cast of characters.
When the curtain went down on the 2009 production, everyone hoped they’d written an end to a historic budget drama titled “The Worst Economic Crisis Since the Great Depression.” Turns out, however, that was just Act I. After about eight months of intermission, Act II starts Monday. Here’s the plot:
Legislators must fill a gap of at least $2.6 billion in the two-year budget it adopted last spring, because the economy continued to get worse. No one is really sure how much worse, because every few months the state gets a new economic forecast and the revenue-expenditure gap always gets bigger.
Much of last year’s script included talk of draconian measures, but most were staved off by federal aid, which arrived as a savior toward the end of the session.
This year, federal aid is far less certain, an end to the economic woes is unpredictable and talk of draconian cuts is part of Gov. Chris Gregoire’s prologue to Act II: a budget that closes the gap with reductions in all state agencies and elimination of such programs as Basic Health, General Assistance for Unemployable Adults and most financial aid for students. Even the author realizes it’s a work of fiction.
“I can’t live with that budget,” Gregoire said recently. But the state has to have a balanced budget, she said, and without tax increases of some kind, that’s the way to stay out of the red.
Sometime this week Gregoire will propose a new budget, or at least part of one. Some details on possible tax increases may have to wait until the federal government signals what it will do about additional recovery money.
The Legislature will also come up with separate spending plans in each chamber, and likely from each party. Last week Republicans were calling for budget cuts, no new taxes and a temporary reprieve from some government regulations to boost jobs.
“Jobs, jobs, jobs, and a sustainable budget,” said Senate Minority Leader Mike Hewett, of Walla Walla.
With large majorities in both houses, the Democratic proposals are the ones with the most chance to pass. They’re most likely to propose some tax increases – extending the sales tax to bottled water or bakery goods are among those being floated right now – but only after explaining the “moral necessity” to keep from cutting money for schools, children or the disabled.
What Democrats are most likely to try to suspend or rearrange first, however, is Initiative 960, a law voters passed in 2007 that requires a two-thirds majority in both houses for any tax increase.
“We will have to modify or repeal 960,” Senate Majority Leader Lisa Brown, of Spokane, said last week. Even revoking unworkable tax incentives, also known as tax loopholes, now requires a two-thirds majority, even though the tax breaks can be enacted with a simple majority, Brown said.
Although 51.2 percent of voters approved the measure, that doesn’t mean it can’t be changed, she added. Initiatives are just like laws the Legislature passes, she said, and almost every law gets modified at some point.
“Gregoire and the Democrats should at least try to abide by I-960’s policies before they suspend them,” sponsor Tim Eyman said last week.
The longtime initiative crafter and a group of his compatriots plan to be in Olympia Monday morning when the curtain comes up, filing a new initiative to restore the supermajority, even before it’s repealed. Some committee chairs have told their members not to even bother proposing legislation that would cost the state extra money, although Brown has said a complete ban on new spending isn’t realistic. The levees along the Green River are in bad shape, and the state may need to shore them up; Western Washington has been rocked by the shooting deaths of six law enforcement officers in two months, and some new laws may be proposed in response. Criminal justice issues always come with a price tag, she said.
Although the main plot will revolve around the budget, there may be some subplots for other issues, large and small. The Legislature may vote on a constitutional amendment to give judges more authority to deny bail to criminal suspects they deem a danger to society. It may agree to expand the capacity of distilleries in the state. It may make some adjustments to the Basic Health program policies after Congress settles on health care reform for the nation. It is likely to keep North Spokane Corridor and Riverpoint campus construction on track, because money for building and transportation projects comes from sources other than the general fund.
But the budget will be center stage in almost every scene. If the economy doesn’t improve, it will back next year, with some new characters after the elections, for Act III.
Romney/Paul split weighing on county GOP 
MichaelCathcart on January 10 at 1:01 a.m.
Lisa Brown talks about tax “loopholes” which are actually specific exemptions voted on and approved by the House/Senate. This will be a key point that is brought up time again in order to distract those not fully paying attention and to try and lay the blame where it doesn’t belong.
If 960 is repealed, I would place a serious bet that it will be right back on the November ballot next year. Why shouldn’t harmful and dangerous increases in taxes not require a significant super majority to pass? Their is a tidal wave of “correct” change coming in November, and this move will only give it more strength.
liarsinnews on January 10 at 7:24 a.m.
Why do voters continue to reelect Lisa Brown? Between Gregoire and Brown, Washington State will remain one of the highest taxed states in the nation. Don`t take my word for it, look it up.
terryalan on January 10 at 8:24 a.m.
I think the time has passed for pointing fingers. Do you have a clue how many people are out of work currently? The tax base has been decimated by the economy. Either we work to solve the financial problem or we sit back and watch our state’s infrastructure simply fall apart.
More taxes suck. However I personally would love to see additional tax on such things as bottled water, soft drinks, snack chips, candy and other unnecessary ‘crap’ foods that are unhealthy, anyway. I would see liquor privatized and sold wherever there is already a liquor license. I would see pot legalized and taxed.
Then let’s see where the tax base is and move forward from there accordingly.
lewis8457 on January 10 at 9:38 a.m.
Washington and Spokane voters are not very informed. the re-elected Rocky the crooked city attorney, Steve tucker the worthless county prosecutor, Mielke the race track buyer, Gregoire the lady that likes to write checks, Lisa Brown miss do nothing, McMorris golden health care for her none for you, and the list goes on, we have so many double handed crooked elected officials in this state it boggles my mind every time they get re-elected.
Ninch on January 10 at 12:13 p.m.
Bottled water is a ‘crap’ food? Really? I know many who buy bottled water because their domestic water supply is ‘crap.’ My water has ‘arsenic’ over the limit which cannot be filtered out with home filters and I do not want my kids drinking it. So taxing water would further punish mostly those who are already struggling.
Liberty_Bell on January 10 at 1:51 p.m.
“The multiplication of public offices, increase of expense beyond income, growth and entailment of a public debt, are indications soliciting the employment of the pruning knife.”
Thomas Jefferson to Spencer Roane 1821
DisAbility on January 10 at 3:13 p.m.
Many believe the only solutions remaining to deal with the looming $2.6+ Billion deficit are to severely reduce services or look at increasing taxes. While many legislators continue looking for hope in spreadsheets, some are proving their metal by looking for real-world solutions that also protect our less fortunate citizens.
I am proud of our I-5 legislators Representative Brendan Williams and Senator Dan Swecker for proposing legislation that would actually streamline the collection of otherwise lost revenues, and would at the same time make homecare services more affordable. I sincerely hope that our legislators from Eastern Washington will support such legislation, and even join as cosponsors.
Every year millions of dollars in sales tax goes uncollected in the healthcare industry specifically due to complex billing systems and discretion among insurance companies as to whether to consider sales tax as part of patient’s “covered benefits”. Those responsible insurers who do cover sales tax are placed at a competitive disadvantage against insurers who continue to place this burden on their patients who often can no longer afford this additional tax due to insurance premiums and costs of healthcare.
Ensuring that sales tax is part of our citizens’ covered benefits both simplifies the collection of lost revenues and makes homecare more affordable especially for our rural communities.
Liberty_Bell on January 10 at 5:12 p.m.
“They cannot be worthy of the respect and admiration of the people unless they add to the virtue of obedience some other virtues - the virtues of manliness, of truth, of courage, of willingness to risk positions, of the willingness to risk criticism, of the willingness to risk the misunderstanding that so often comes when people do the heroic thing.”
axe on January 10 at 5:19 p.m.
Victor Moore of the OFM is a toadie for Clueless Christine.
Funny how none of these overpaid under IQ’d experts didn’t see any of this coming, nor prepared for it.
Gee what happened to that rainy day fund of $2 Billion that we got from the tobacco industry?
Follow the money. Follow the Pork, Follow the pet projects.. and when you get to that legislator..dont vote them back into office.
Just how many State Employees make over $100,000? There was that article couple weeks ago that stated 18% of Washington State is employed by the Government?
Lisa Browne? clueless just like Christine.
Liberty_Bell on January 10 at 9:33 p.m.
Senate President Brown Can’t Read!
165 Wn.2d 706, BROWN V. OWEN
¶1 FAIRHURST, J. — Petitioner Washington State Senator Lisa Brown seeks a writ of mandamus ordering respondent Lieutenant Governor Brad Owen
«1» RCW 43.135.035(1) requires a two-thirds majority of each house for passage of any bill that raises taxes. The parties do not contest whether SB 6931 constitutes a tax surcharge on the sale of certain types of liquor
What a drunk!
Taxpayer Protection Act
Brown challenges the two-thirds majority requirement of RCW 43.135.035(1), regardless of the constitutionality of Initiative 960.»
¶12 Before the vote was taken, Senator Tim Sheldon raised a point of order, asking Owen, as president of the senate, to declare the number of votes necessary for the bill to pass in light of Initiative 960. Sheldon argued that because the bill imposed a tax, Initiative 960 required the bill receive two-thirds approval of the senate in order to pass. Lisa can’t read the Oath! Or the Constitution! Or the Law’s!
Brown Raising the dilemma of Ignorance!
“Mr. President I believe this Point of Order raises a dilemma and I’d like to elaborate on that a bit. Like you each of us took an oath when we took office, in part that oath requires us to follow the Constitution and laws of the United States and the state of Washington.
13 Owen ruled a two-thirds majority was required to pass the
She alleges Owen “has no legal right or authority to refuse to allow a bill that passes the Senate to be forwarded [to] the House as passed.”
We have held that “[t]his court’s original jurisdiction is governed by the constitution and, by the plain language of the constitution,
A writ of mandamus contravening a parliamentary ruling by the president of the senate is such an improper check. 1. This court will not interfere
The president of the senate decides all questions of order.
Both Owen, as president of the senate, and Brown, as a member of that body, are subject to the procedural rules of the senate.
U.S. Supreme Ct. See Baker, 369 U.S. at 210.
Finding this a political question, we hold that a mandamus action is inappropriate.
Each of the three departments into which the government is divided are equal, and each department should be held responsible to the people that it represents,
Brown asks us to declare a bill passed by the senate based upon her(BROWN?) interpretation of the constitutionally required number of votes for passage.
Mandamus is available “to compel a state officer to undertake a clear duty.”
Like go back to 3rd grade, and start over?
Marbury v. Madison, 5 U.S. (1 Cranch) 137, 170, 2 L. Ed. 60 (1803) (“[t]he province of the court is, solely, to decide on the rights of individuals, not to enquire how the executive, or executive officers, perform duties in which they have a discretion”).
Where did Lisa find that lawyer and Law 101???
She appears to argue that Owen abused his discretion Yet, as she points out in her brief “[i]t is the exclusive province and duty of this Court to decide whether a statute is or is not unconstitutional.”
Owen acted properly by declining to decide the constitutionality of RCW 43.135.035(1) and did not exceed his authority or abuse his discretion by ruling on a point of order consistent with RCW 43.135.035(1). Because we find the duties at issue are discretionary and find no abuse of discretion, we hold that a writ of mandamus would be improper.
IV. CONCLUSION
¶38 This original action is improperly before this court on application for a writ of mandamus and is a nonjusticiable political question. Intervention of this court into an intrahouse dispute over a parliamentary ruling to compel the president of the senate to perform a discretionary duty would be a grave violation of separation of powers. We dismiss the action.
ALEXANDER, C.J., and C. JOHNSON, MADSEN, SANDERS, CHAMBERS, OWENS, J.M. JOHNSON, and STEPHENS, JJ., concur.
Matune on January 25 at 10:04 p.m.
We need to attract more business to our state. By lowering taxes on business, won’t we find that more business will appear thus providing more tax income and more jobs? Let other states charge higher taxes to pay the bills. Then their home state companies will begin to look for a new address. Why not Washington State?
Matune on January 25 at 10:05 p.m.
I further wonder if higher taxes will actually stimulate an economy?