The League of Education Voters and several House Democrats sued Monday in King County to challenge the two-thirds legislative vote requirement for tax increases.
They say the limit in Initiative 1053 violates the state constitution and hampers the state’s ability to improve public schools at a time of severe budget cuts.
Professional initiative backer Tim Eyman sponsored I-1053 last year, and voters approved it with a 64 percent yes vote.
The lawsuit contends only a constitutional amendment could put such a restriction on lawmakers.
“Washington’s Constitution makes it clear the state’s paramount duty is to ‘make ample provision’ for the education of every child,” LEV chief executive officer Chris Korsmo said. “This statute, and similar measures enacted in recent years, hamstrings our state’s ability to invest in the quality public schools our children need to succeed in life.”
Eyman responded Monday, saying voters are clear they want a higher standard for raising taxes.
“A lot of politicians want to push forward on raising taxes,” he said. “The problem is voters don’t want them to. So they are running around with the illusion that it is the two-thirds that is stopping them.”
Former state Supreme Court justice Bob Utter, Tacoma Public Schools’ board president Kurt Miller and several lawmakers – including Reps. Laurie Jinkins of Tacoma, Jamie Pedersen of Seattle, Chris Reykdal of Tumwater and Sam Hunt of Olympia – joined the lawsuit, which names Gov. Chris Gregoire and the state as defendants.
Jinkins was the prime sponsor of legislation to curtail a tax break for banks and put the $83 million in new revenue into improving public education in grades K-3.
The bill received a 52-vote majority but failed to pass in the 98-member House, because I-1053 required a 66-vote supermajority for any changes to the tax code.
Lawmakers bridged a more than $5 billion budget gap this year by cutting real and projected spending by nearly $4.8 billion, and they also raised several government fees.
Cuts were made to public-school class-size funding and teacher pay below what two popularly supported citizen initiatives in 2000 would have required.
Lawmakers suspended Initiative 728’s class size improvements and Initiative 732’s cost-of-living hikes, and cut state allocations for teacher pay by another 1.9 percent.
Jinkins hopes a Superior Court judge can hear arguments in the fall, and Reykdal said he hopes the Washington State Supreme Court can start on the case next year.
“The idea of providing a $100 million tax break for huge, out-of-state banks at the same time as we are making deep cuts in our schools just seems ridiculous,” Jinkins said. “... but the supermajority requirement prevented us from closing the loophole and redirecting that money to education.”
Reykdal said a challenge to I-1053 is needed to clarify what options lawmakers have if they want to reform the tax code.
Under current law, new exemptions can pass on a 50 percent vote; action to repeal or limit existing tax breaks requires two-thirds to pass.
Brad Shannon: 360-753-1688
bshannon@theolympian.com
www.theolympian.com/politicsblog
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