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The Snake River dams are critical to the infrastructure of our region, providing not only reliable power but also many other economic benefits. Removing these dams would have many negative impacts. You don’t have to take my word for it. Here are some of the findings from the multi-year public process in 2020 conducted by The U.S. Army Corps of Engineers, Bureau of Reclamation, and Bonneville Power Administration:: “[Breaching] would not meet the objective to Provide a Rel...
With shopping behind us, it is time o turn to Santa for those final Christmas presents on our wish list. After comparing the options and reviewing the data on which ones will help bring taxpayers joy in 2024, here are five of the high-demand policy gifts sure to delight users of all ages. 1. A Sherlock Holmes tax transparency bundle kit. Enjoy hours of sleuthing and tax mystery-solving with your favorite detective’s personal kit for understanding taxes. Included in the e...
If there’s one thing Americans can still agree on, it’s that tax policy is one of the most consequential decisions our government makes that impacts our economy and family budgets. With the exception of Washington state, policymakers in the mountain states of Idaho, Montana and Wyoming have been very active the last few years prioritizing tax relief while making fiscally conservative budget investments. While this ongoing tax relief effort is to be commended, more can be don...
Last week, the state Supreme Court heard oral arguments concerning the capital gains income tax. I attended the hearing in person. It is unclear when the court will issue its opinion. The capital gains income tax is first owed on April 18, 2023. There are three possible rulings the court could issue. One possible outcome is for the state Supreme Court to catch the Hail Mary pass thrown by income tax advocates and by judicial fiat now allow a graduated income tax without a...
Gov. Jay Inslee announced last week that he will finally end governing under an emergency order — after more than 900 days —on Monday, Oct. 31. When the Legislature next convenes, it should ensure that this type of ongoing emergency governance without affirmative legislative approval never happens again. Whether or not you agree or disagree with every decision the governor made for the last 900-plus days, the fact remains these decisions with vast impact on individuals and...
I recently had the opportunity to review all 50 state constitutions and confirmed an important fact for the current capital gains income tax litigation in Washington. Although most state constitutions mention how real, personal, tangible or intangible property should be taxed, the vast majority don’t define those terms. Of those that define property, Washington’s constitution has the broadest definition. This is why our state supreme court has repeatedly ruled that in ord...
The next steps on whether Washington will remain income tax free will be in the courts, as the I-1929 ballot campaign to repeal the capital gains income tax has suspended its activities. Earlier this year an Inslee-appointed judge ruled that the capital gains income tax is unconstitutional. The Attorney General is asking the state Supreme Court to take the case on direct review. The Everett Herald reported on Friday that the I-1929 ballot campaign was not moving forward: “Spon...
Proponents of the unconstitutional capital gains income tax are working overtime to prevent voters from weighing in. First, there was the game last year with the emergency clause to prevent a referendum. Now capital gains income tax supporters are gearing up to counter a potential I-1929 signature gathering campaign by setting up a surveillance system to report any ballot petition signing locations. As reported by the Everett Herald: “Should I-1929 petitions get circulated, o...
Sorry to break the news, Washingtonians, but Year 3 of living under emergency orders by the governor will continue without meaningful legislative oversight. The House officially killed Senate Bill 5909 before adjourning. Although that bill as passed by the Senate was essentially fake reform, several amendments were introduced for the House floor debate to bring the policy back in line with what exists in the rest of the country by requiring affirmative legislative approval...
Sorry to break the news, Washingtonians, but year three of living under emergency orders by the governor will continue just as the last two years have – without meaningful legislative oversight. The House yesterday officially killed SB 5909. Though that bill as passed by the Senate was essentially fake reform, several amendments were introduced for the House floor debate to bring the policy back in line with what exists in the rest of the country by requiring affirmative l...
In an emergency, governors need broad powers to act fast. Legislative bodies inevitably take longer to assemble and act than a single executive, so they temporarily delegate their power to the executive in emergencies. But these powers are supposed to be transferred for a limited period of time. For example, in Wisconsin a state of emergency cannot exceed 60 days unless it is extended by a joint resolution of the legislature, and in Minnesota, a governor must call a special...
In a 7-2 ruling this morning, the State Supreme Court said the partial vetoes the Governor made in the 2019 transportation budget were unconstitutional. When issuing those vetoes the Governor said: “While my veto authority is generally limited to subsections or appropriation items in an appropriation bill, in this very rare and unusual circumstance I have no choice but to veto a single sentence in several subsections to prevent a constitutional violation and to prevent a f...
TVW recently held a Q&A event between students and the Gov. Jay Inslee discussing various topics, which included dam breaching, homelessness, climate policy, police reform and vaccine mandates. One question was about the governance structure of the state and whether there should be more statewide elected officials to help improve bipartisanship. The governor replied instead that there should be fewer statewide elected officials to improve accountability. At present, the...
We knew it was coming. The moment lawmakers tried to get clever and thought they could gain support for a Low Carbon Fuel Standard (House Bill 1091) and Cap and Trade (Senate Bill 5126) by linking the policies with a future transportation tax package, it was clear what the governor would do – veto the restriction. Never mind the fact it appears to be illegal to do this. But since he has previously issued questionable line-item vetoes, there was never any doubt that he would do...
Public records show lawmakers plan to use the capital gains income tax to set up a lawsuit to try to impose a broad-based graduated income tax. They’re going to get not one, but two. It could be years, however, before we know if the state Supreme Court decides to uphold its numerous rulings saying that you own your income or if they’ll instead reverse course. Just days after the Legislature approved Senate Bill 5096 — which institutes an income tax on capital gains — the Fre...
There is no question SB 5096 would impose an income tax in Washington state. The Federal Internal Revenue Service (IRS) unequivocally says a capital gains tax is an income tax. If enacted, SB 5096 would be the first stand-alone income tax on capital gains in the country. No other state without a personal income tax has a capital gains tax, and those states that do tax capital gains income collect the tax through their state income tax code. Officials in every state revenue...
Despite the budget being balanced, billions in reserve, and projected revenue growth of 7.2%, Gov. Jay Inslee is yet again proposing an income tax on capital gains in his new budget. The Governor, however, claims that this type of tax isn’t an income tax. What does he know that the IRS and every other state across the country doesn’t? IRS: “You ask whether tax on capital gains is considered an excise tax or an income tax? It is an income tax. More specifically, capital gains...
There’s no other way to say it, 2020 has been just an awful year. It is difficult to believe anything good can come from this mess but I’m really excited to see that one silver lining to our collective misery will be the opportunity for more public participation across the state during the 2021 Legislative Session. With news that lawmakers will primarily be conducting business remotely next year also comes the exciting announcement of expansive remote testimony for cit...
DURING the last two state budget cycles, Washington lawmakers have come dangerously close to forcing a government shutdown due to failures in the budget process. The current 2015-17 state budget was signed just 18 minutes before a shutdown would have occurred. The 2013-15 budget was finalized just a few hours before state agencies would have been forced to shutdown. In both cases, the tax revenue provided by citizens was increasing substantially, meaning these threats of...
It is official. Boeing will consolidate its 787 manufacturing in South Carolina. This news has many implications for the state including a direct impact on the state’s budget outlook. Although the September revenue forecast didn’t make an assumption about what Boeing would decide, a downside risk to the forecast was if South Carolina was picked. From the September revenue forecast: “The potential consolidation of Boeing 787 production in South Carolina and resulting decli...
First the good news. Unlike during the great recession, state revenue is still increasing overall during the COVID pandemic. According to the September revenue forecast: “Forecasted Near GF-S revenue for the 2019-21 biennium is now $50.022 billion, 8.6% higher than 2017-19 biennial revenue, and forecasted Near GF-S revenue for the 2021-23 biennium is $53.737 billion, an increase of 7.4% over expected 2019-21 biennial revenue.” The bad news of course, this revenue growth is...
Voices across the state continue to ask the Governor to call a special session to allow lawmakers to balance the budget and address COVID-19 related policies. A special session would provide the legislative branch of government its first opportunity in more than five months to address problems caused by the pandemic. Sen. Hans Zeiger this week also sent his colleagues a letter calling on them to support a special session. From Sen. Zeiger’s letter (in-part): “I write five and...
There are two legal options to respond to a state budget deficit: The governor orders across the board budget cuts, or a special session of the Legislature occurs liquidating the deficit. The first is a blunt instrument allowing no thoughtful response. The second provides the people’s legislative branch of government the opportunity to deliberate a more surgical response. Gov. Jay Inslee, however, has made it clear he doesn’t plan to call a special session to allow law...
What once seemed inevitable is now growing unlikely – a special session to balance the state's budget. This is why it was so important to act before the new spending increases took effect on July 1. Once we started the new fiscal year, the likelihood of a special session dropped. By waiting until August, the September revenue forecast is just around corner. Then after September, the November election is just a jump away. Then the temptation to delay until January becomes even...
TVW recently interviewed the top budget writers in the Senate about the state's outlook and the possibility of a special session. In one interview, Sen. John Braun (ranking member of Senate Ways and Means Committee) said the governor needs to re-open state employee contracts to cancel the 3% pay raises due July 1. In the other interview, Sen. Christine Rolfes (Senate Ways and Means Committee chairwoman) was asked if an income tax would be on the agenda for a special session....