I-960 tells state policymakers to stop violating the law

OPPONENTS say Initiative 960's policies are too restrictive. One newspaper called it a "straitjacket."

I'm reminded of oral arguments before the Supreme Court last December when the Legislature's lawyers were defending lawmakers' most recent violation of the law (shifting funds among various accounts and spending the same money twice). They said it was impossible for them to violate the law because "the Legislature has plenary power."

That phrase, "plenary power," means absolute power, power without limits. In other words, they argued the Legislature is above the law and therefore cannot ever violate it.

The taxpayers' attorney responded, "No one is above the law, not even the Legislature."

Your vote on I-960 determines which of those statements reflects your values. Voting "yes" for I-960 means you expect the Legislature to follow the law and respect our constitutional rights; voting "no" means you support Olympia's absolute power to violate laws and disregard the people's constitutional rights.

The "straitjacket" proposed by I-960 are the laws and protections guaranteed by our state constitution, which are too often violated and circumvented by the Legislature. I-960, through increased public disclosure and transparency and information, helps Olympia follow the laws and respect our constitutional rights. I-960 doesn't set the bar higher; it simply holds lawmakers to the laws already on the books and in our constitution.

Current law requires two-thirds legislative approval for tax increases (thanks to the Legislature's re-enactment of this requirement in 1998 and 2005). But, Olympia has violated this law repeatedly by taking tax increases "off-budget," thus sidestepping the law. I-960 simply ensures legislators follow the law when raising taxes, regardless of where they put the money.

I-960 says that funds shifted from one account to another don't count as "new revenue" and thus can be spent only once.

I-960 requires a recorded, majority vote by the Legislature for any fee increase, large or small. This is exactly what county councils and city councils have done forever. Such important decisions shouldn't be made by unelected bureaucrats who aren't directly accountable to the people.

I-960 requires the state budget office to report to the people and the press, through a user-friendly, accessible e-mail list server, the progress on tax- and fee-increase bills. They'll calculate the increase's cost, identify legislators sponsoring the bill, report the time/date/location of hearings, and disclose the voting records and contact information of legislators. We have every right to know what people in Olympia are doing while they're doing it.

Finally, I-960 addresses the Legislature's repeated, unrestrained abuse of the "emergency clause." Our state constitution says any law passed by the Legislature may be challenged by referendum (put on the ballot for the voters to have final say). This guaranteed right keeps Olympia more "representative." But, every time lawmakers push a bill they know the people oppose, they slap an "emergency clause" on it. This blocks the people's right to referendum. Since Gov. Christine Gregoire has been governor, she has signed 1,437 bills into law; 205 were "emergencies." That means they took away our constitutional rights 205 times.

The courts have refused to rein in this repeated constitutional infringement, famously OK'ing Olympia'sdeclaration that need for a sports stadium was an "emergency."

I-960 responds to this egregious, repeated violation of our constitutional rights with a very measured, reasonable response: public disclosure.

Under I-960, if Olympia jacks up a tax and then successfully blocks the citizens from having a binding public vote, then two pages in the general election voters pamphlet are set aside to tell the people how much the tax increase costs, identifies legislators by name and how they voted, and provides voters with a voice with a nonbinding advisory vote.

Politicians want an extra page in the voters pamphlet to justify what they did. No. Under these circumstances, Olympia has broken its no-new-taxes promise and jacked up taxes anyway and then gone even further and purposely taken away the people's constitutionally guaranteed right to referendum.

Politicians can justify themselves at town hall meetings, in newsletters, or place newspaper ads or radio ads to rationalize and explain why they took away our rights. But it is the voters pamphlet, not the politicians' pamphlet. We're confident that when I-960 passes, the use of the emergency clause will drop like a rock.

Voters' approval of I-960 means we reject Olympia's assertion that it has "plenary power."

More public disclosure, greater transparency, more accountability — that's what I-960 provides. Let's approve I-960 and tell Olympia: No one is above the law, not even the Legislature.