Originally published Monday, March 3, 2008 at 12:00 AM
Senate leader to sue over I-960 provisions
Senate Majority Leader Lisa Brown said Sunday she will sue in a bid to overturn the tax-limiting provisions of Initiative 960, a Tim Eyman-sponsored...
The Associated Press
OLYMPIA — Senate Majority Leader Lisa Brown said Sunday she will sue in a bid to overturn the tax-limiting provisions of Initiative 960, a Tim Eyman-sponsored measure aimed at curbing the Legislature's power to raise taxes.
The lawsuit, which is technically against Lt. Gov. Brad Owen over a Senate floor ruling upholding I-960, will be filed this morning with the state Supreme Court.
Initiative 960 reaffirmed higher vote thresholds for tax increases and was passed by voters in November. It requires all state tax increases to achieve at least a two-thirds vote in both houses. That was previously mandated by Initiative 601, passed in 1993, which lawmakers have amended and even suspended at times. Under the initiative, taxes passed with only a simple majority have to go to the ballot for ratification.
Brown told The Associated Press on Sunday the two-thirds requirement is "clearly unconstitutional."
"This isn't about 960, and this isn't about undoing the will of the people," Brown said. "This is about defending the Constitution and the Legislature's ability to pass laws under the Constitution."
Brown said they are asking the court for an expedited ruling. If that's not granted, she said, they are asking that they rule before the 2009 legislative session.
Eyman said Democrats are upset their ability to raise taxes has been hindered.
"It is the topic that chafes," Eyman said. "They don't like that voters said they want it to be harder to raise taxes."
Brown said it's not about taxes, it's about upholding the Constitution. She noted the lawsuit doesn't address any other aspect of I-960, such as votes on fees and the public-notification process.
Eyman opponents, including legislators, believe I-960 is illegal because it conflicts with the state Constitution's provision that the Legislature can pass bills with a simple majority. The initiative shouldn't be allowed to alter that requirement, the argument goes, because it wasn't a constitutional amendment.
Eyman said that there is nothing in the state Constitution that prevents voters or the Legislature from raising the threshold for passing a tax bill.
"The Legislature should be spending more time living by the laws the people have set forth rather than circumventing them," he said.
![]()
Brown laid the groundwork for the lawsuit Friday, when she asked Owen to rule I-960 unconstitutional for the purposes of a pending vote on a proposed $10 million liquor increase that would pay for drunken-driving enforcement and substance-abuse treatment.
Under I-960, the bill would have required approval from two-thirds of the Senate.
In his ruling, Owen said Brown's arguments are "cogent and persuasive" but that it was up to the courts to decide the constitutionality of I-960. He also ruled the proposed tax increase did meet the thresholds in I-960, and would require a two-thirds vote.
The tax increase then got a simple majority vote of 25-21, but was defeated because supporters couldn't get the 33 votes needed.
Copyright © 2008 The Seattle Times Company
Senate Democrats split on health bill's fate
Gaps for consumers in Democrat health care bills
UPDATE - 05:12 PM
SC gov faces 37 charges he broke state ethics laws
UPDATE - 04:12 PM
Obama: US economy has 'core strengths'
Tight Senate vote launches health care over hurdle

Real Salt Lake wins MLS Cup
Real Salt Lake defeated the Los Angeles Galaxy with penalty kicks after 120 minutes of play at Qwest Field in Seattle.
nwautos
Local riders say they've seen a surge in scooter interest in recent years, mostly from people wanting another commuting option. Seattle now ranks as o...
Post a comment
nwjobs
Post a comment
Michelle Goodman blogs about work/life balance.
Do you suffer from "sitting disease"?
Post a comment
- 'The Road' takes Viggo Mortensen to Mount St. Helens and Astoria, Ore.
- Tugboat sinks at Seattle waterfront pier
- Illegal workers quietly let go
- Child-support error costs nearly $21,000
- Vikings easily beat the Seahawks
- Craigslist adoption ad: A plea by young mother-to-be? A scam?
- Chase shrugs off loss of CD investors
- Woman stabbed by stranger in North Seattle
- Snow piles up on Cascade slopes
- Denny Triangle gains skyline, but tenants slow to come
- Illegal workers quietly let go
357 - Climate change speeds up since 1997 Kyoto accord
206 - Vikings easily beat the Seahawks
170 - Metro won't cut bus service after all
147 - Historic health care bill clears Senate hurdle
94 - New Husky recruit: Enes Kanter
90 - Tattoos at Mill Creek Church pierce skin, soul
82 - Middleton says Huskies "plan on scoring at least 50 points'' Saturday
76 - Jerry Brewer: Seahawks can't lean on the Hutch Crutch now
73 - UW, WSU once again meet to see who's worse
66
- Sprouts, raw fish on attorney's 'do not eat' list
- Tattoos at Mill Creek church pierce skin, soul
- Illegal workers quietly let go
- Food-safety lawyer's wish: Put me out of business
- Architects, chefs find 'kid' within to build Gingerbread Village
- Rediscovering Moab, 'the most beautiful place on Earth'
- It's possible to recover a life lost to hoarding
- Child-support error costs nearly $21,000
- 'The Road' takes Viggo Mortensen to Mount St. Helens and Astoria, Ore.
- Taste | The Great Pie Bake-off pits friends and fruit





