Dear Representative Javier Valdez,
Thanks for agreeing to look into this and push to update the current RCW’s to reflect the Washington State Supreme Court’s decision in 2013 that it is unconstitutional to require a 2/3 vote as needed for the Legislature to raise taxes. It is amazing that 5 years after the Washington State Supreme Court ruled, that the RCW’s have not been updated. Anyone looking at them to get guidance on Washington State law would assume that the 2/3 vote is still required to raise taxes. One has to wonder how many other Washington State laws have not been updated to reflect Washington State Supreme Court decisions.
I would urge Representative Pollet and Senator Frockt to join you in an effort to update our RCW’s to reflect current law and remove language that has been declared unconstitutional by our Washington State Supreme Court. I know they support this effort and Senator Frockt was instrumental in helping to get the Washington State Supreme Court decision but 5 years is a long time since the Supreme Court declared the 2/3 vote requirement as unconstitutional.
Here is what comes up when I searched for current RCW:
Tax legislation—Two-thirds approval—Referral to voters—Conditions and restrictions—Ballot title—Declarations of emergency—Taxes on intangible property—Expenditure limit to reflect program cost shifting or fund transfer.
(1)(a) Any action or combination of actions by the legislature that raises taxes may be taken only if approved by a two-thirds vote in both the house of representatives and the senate. Pursuant to the referendum power set forth in Article II, section 1(b) of the state Constitution, tax increases may be referred to the voters for their approval or rejection at an election.