In Our View: Voters’ Will Followed

As the Washington Legislature convened last week, state senators did not take long to start doing their job — adhering to the will of the people. Led by Senate Republicans, legislators opened business by approving a rule that will make it more difficult for them to pass new taxes. In a bit of legislative wrangling, they enacted a requirement that two-thirds of the senators must agree before a new tax can be brought to the floor.

This tightening of the purse strings was not welcomed by all. Sen. Annette Cleveland, D-Vancouver, said: “It really makes me sad to see my colleagues across the aisle demonstrate their lack of respect for this institution. Senate rules have served our state well for over 100 years and an attempt to add this two-thirds requirement sadly, in my mind, opens the door to gridlock in our state similar to what we’ve seen in Congress.”

Cleveland might have a valid point. But just because something has been in place for a century doesn’t mean that it is a good idea, and there is no denying that the Senate action follows the desires of the voters. On five occasions — in 1993, 1998, 2007, 2010 and 2012 — the public has approved a two-thirds majority for tax bills, only to have their will overturned by either the Legislature or the courts. In 2012, Initiative 1185 was approved by 63.9 percent of the voters statewide, by a majority in all 39 counties, and by 70.3 percent of voters in Clark County. I-1185 eventually was overturned by the state Supreme Court, which ruled that implementing a two-thirds majority would require a change in the state Constitution.

That left lawmakers searching for a workaround. While the Jan. 12 Senate vote does not alter the rules in the House of Representatives, Sen. Michael Baumgartner, R-Spokane, noted, “The Supreme Court can make their rules in their chamber; we’ll make our rules here.”

The wisdom of a two-thirds requirement is open to debate. At a time when the state has been handed large bills for funding public education, mental health care and transportation, the idea of restrictions on new taxes could be seen as a yoke that chokes a well-functioning government and diminishes the state’s ability to respond to changes in the economy. Representative democracy is based upon the notion that a majority vote is adequate for passing laws.

Yet there is little doubt that the people of Washington favor a two-thirds majority when it comes to taxes. I-1185 passed in 2012 with significantly more support than legalized marijuana, same-sex marriage or charter schools, and voters’ consistent approval of such a law indicates a strong desire to make it more difficult for the Legislature to enact new taxes.

From a practical standpoint, the Senate’s rule will hamper Gov. Jay Inslee’s stated desire to create a new capital gains tax and a new carbon tax on polluting industries. It also likely will leave lawmakers with few options other than a boost to the state sales tax or the state gas tax should they desire to increase revenue. “While I wish we could have applied this rule to all taxes that might come before the Legislature this session, applying it to new taxes is still very significant,” Baumgartner said.

Democrats in the Senate, meanwhile, will argue that the two-thirds majority goes against the tenets of the Legislature and unfairly hampers the ability of lawmakers to raise revenue. To them, we offer a simple solution: Make your case and convince two-thirds of the senators that a new tax is necessary. That, after all, is what the public desires.