Rep. Ryu says court decision clarifies role of legislators

Corrected 3-5-2013

By Evan Smith

Democratic State Rep. Cindy Ryu says that the State Supreme Court's ruling on the two-thirds requirement for the legislature to pass tax increases clarifies the Legislature's role, reduces the influence of special interests and allows the Legislature to eliminate some outmoded tax loopholes.

The Court Thursday overturned the voter-approved requirement that tax increases get two-thirds approval of both houses of the Legislature or approval in a statewide vote.

The Court said that the two-thirds rule violated a State constitutional provision that passing a law requires "a majority of the members elected to each house."

The court majority said that the neither the legislature nor the people could change the majority requirement without a constitutional amendment.

Ryu said Thursday that the court decision eliminates years of uncertainty over whether the rule was consistent with the constitution. The Court has declined other chances to rule on the two-thirds requirement.

“The constitutional legality of the supermajority has gone unresolved for many years,” Ryu said. “I am pleased the Court has finally settled the issue.  This decision clarifies my responsibility as a legislator, as I took an oath to uphold the Constitution of the United States and the State of Washington.”

She said that the Court's invalidation of the two-thirds rule reduced the role of special interests because, under the two-thirds rule, 17 senators could stop a tax measure favored by the other 32 senators and all 98 representatives.

“A supermajority requirement rigs the system to give more power to special interests than to middle-class families,” she said. “This wasn't about raising taxes; it was about democracy, and not rigging the system so as few as 17 Senators or 33 Representatives out of 147 of us elected to the State Legislature would be able to control the state budget.”

She also said that the rule had stopped an attempt by Ryu and other first-year legislators in 2011 to eliminate a tax loophole enjoyed by out-of-state banks. Revenue from closing the loophole was to support primary education. The bill got a majority but not a two-thirds supermajority; so Ryu and other legislators joined the suit brought by the League of Education Voters that led to the Thursday State Supreme Court ruling.

A King County Superior Court judge ruled in May 2012 that the supermajority requirement for raising taxes is unconstitutional.  The State Supreme Court heard an appeal of the case in September 25, 2012.

Ryu represents Shoreline and the rest of the 32nd Legislative District.