2005 STEWARDSHIP PROJECT

June 10, 2005

Supreme Court to hear case against legislative abuse of emergency clause
Business, taxpayer and good government groups hoping Court will allow changes to Initiative 601 to go to the people

OLYMPIA— The State Supreme Court today agreed to hear the case protecting the people’s rights to file a referendum on legislative actions, guaranteed by the state constitution. The hearing is scheduled for June 30, 2005.

Last month, the Washington Farm Bureau, the Building Industry Association, the Washington State Grange, the National Federation of Independent Business and the Evergreen Freedom Foundation filed a lawsuit challenging the Secretary of State’s denial of the referendum filed by the Farm Bureau on SB 6078. SB 6078 suspended the voter-approved Initiative 601 that limited government spending and required a two-thirds vote in both houses to raise taxes. Legislators passed this bill in the waning days of the legislative session and attached an emergency clause allowing the bill to take effect immediately. According to the Secretary of State’s office, the emergency clause prevents a referendum from being filed.

“The fact that the Supreme Court is willing to take this case on is a huge victory for the people of Washington state,” said Don Whiting of the Washington State Grange. “No real emergency existed since the state had a seven percent overall gain in revenue. The Legislature could have written a budget within these existing revenues but instead chose to revoke the will of the people in order to increase the budget further. The use of the emergency clause to do this was clearly an abuse of legislative power and only serves to thwart the constitutional right of the people.”

The Building Industry Association of Washington (BIAW) agrees. “The law allowing emergency clauses was intended for true emergencies. Lawmakers have overused this clause to push controversial issues through the Legislature and avoid accountability,” said Lyle Fox, President of BIAW. “Since revenues had increased the ability to grow the state budget above the last biennium’s levels, there was no reason to undo Initiative 601. The declaration of an “emergency” in this situation shows an out of control government, unwilling to listen to the people and spend within their means.”

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