Gov. Chris Gregoire says she'd consider a budget proviso blocking Attorney General Rob McKenna from spending state money to join a 13-state lawsuit challenging the health-care bill signed by President Obama.

Senate Majority Leader Lisa Brown, D-Spokane, said Tuesday a proviso was being considered.

Gregoire clarified earlier comments where she indicated she didn't want to diminish the authority of the Attorney General's Office. "What I've said is, I don't want to do what I've seen happen in other states, where they statutorily take away the independence of the attorney general," Greogire said.

But using tax dollars to pursue a lawsuit that the governor and majority Democrats in the House and Senate oppose is a different matter, the governor said, adding she's open to blocking the use of state dollars for the effort.

In addition, Gregoire said she had a call in to U.S. Attorney General Eric Holder to discuss how she could aid his efforts to defend the new law.

"I'm in contact with the U.S. attorney general to ask, as he defends the action in Florida (where the lawsuit was filed), how would we best help him in the defense of the action. Would he like us to intervene? Would he like us to file an amicus brief? I want to make sure I'm working in concert with them," she said.

Talk of a budget proviso targeting McKenna is only possible because the Legislature is stuck in a special session that has no end in sight.

The Legislature was supposed to adjourn March 11, but went into special session because Democrats could not agree on a package of taxes and spending cuts to close a $2.8 billion budget gap.

Gregoire said if lawmakers can't agree on a tax package by the end of the 30-day special session, which ends April 13, she will not call them back again unless they have a deal.

At some point, Gregoire said, she'll be forced to make across the board cuts in the state budget if Democrats can't reach agreement. She could also borrow money, but said "that is the worst case scenario."