Anti-gas-tax group asks judge to keep state from collecting new tax

OLYMPIA — Opponents of the new gas tax hike have asked a judge to prevent the state from collecting the added revenue prior to a deadline for signatures on an initiative aimed at overturning the 9.5-cent-per-gallon increase.

Veteran GOP strategist Brett Bader, a top adviser for the gas tax foes' campaign, said today the lawsuit was filed last Friday in Thurston County Superior Court.

Bader said that on July 1, when the first 3-cent increase is due to take effect, the state can legally bond that gas revenue. That's a week before the July 8 signature deadline.

The No New Gas Tax Group is trying to collect 275,000 signatures on Initiative 912 and force a public vote this fall — something the tax foes hope will result in a rollback of the overall 9.5-cent increase.

At this year's legislative session, state lawmakers approved a 16-year, $8.5 billion transportation package anchored by the gas tax, currently at 28 cents per gallon. Automatic increases are authorized annually: an additional 3 cents in July 2006, 2 cents more a year later, and a final 1.5 cents in July 2008.

If it's all imposed, the average motorist will pay $1 a week more in gas taxes. The average impact of the first 3 cents is $16 a year.

The tax increase opponents want a judge to stay the state's ability to collect the money until the deadline and, if the initiative qualifies for the ballot, continue the stay until after the November election.

"By entering contracts, issuing and selling bonds or otherwise obligating the state to impose and collect the gas tax increase before the general election in November 2005, defendants would invalidate Initiative Measure No. 912 and eviscerate the fundamental right of the people under the state constitution to approve or reject the new tax increase," the five-page lawsuit said.

A hearing was scheduled for July 1.

Transportation advocates insist that public safety and the vitality of the state's economy are at stake.

"The will of the people is to prevent a loss of life from any number of bridges that might collapse," said House Transportation Chairman Ed Murray, D-Seattle. "I think that it's time to move forward. It's an emergency."

The issue of a gas tax increase has been a contentious one.

Voters rejected a 9-cent-a-gallon gas tax in 2002, and lawmakers passed a scaled-back nickel plan instead.

But lawmakers returned this year and were able to garner bipartisan support to pass the increase.

The package also includes weight fees — $10 a year for most cars — and assorted license fees. Only the $5.5 billion gas tax hike is targeted in the initiative.

The Legislature's plan is backed by the governor, key lawmakers, labor, environmentalists, and many business and civic leaders. Advocates have formed a campaign called Keep Washington Rolling.

"I understand how frustrated a lot of citizens are," said Senate Transportation Chairwoman Mary Margaret Haugen, D-Camano Island, an architect of the tax package. "Nobody ever wants to raise taxes but how do these people expect us to make these safety improvements? The longer you wait the more expensive it is."

Last week, while leading a trade mission to Europe, Gov. Christine Gregoire told reporters on a conference call that Washington's economic future depends in large part on fixing its transportation mess.

"To turn back now would be a terrible mistake," she said.