Monthly Archives: January 2010

Oh No, I Upset Senator Pam Roach!

Yesterday I was in Olympia, testifying on SB 6665 before the Senate Committee on Government Operations & Elections. SB 6665 is an act relating to initiative filing fees and proposes to increase the fee from $5 to $250.

Times are tough in Olympia and our state is facing an additional $2.6 billion revenue shortfall in the current budget. This is not the only fee that the Legislature should increase but it has been at $5 for the last 99 years. What else do you know that still costs the same after a century? Certainly the costs of running government has not stayed the same for the last century.

Tim Eyman of course showed up to oppose the proposed fee increase that would more accurately reflect the increased cost of running government over the last 99 years. This of course is despite his yearly initiative push to cut taxes and revenue to fund government and his zest for reduced government spending.

Eyman argued that legislators don’t have to pay $5 to file their bills so why should he.  The Committee Chair responded that they have to run for office, whereas initiative sponsors don’t.

But the fee itself is not the real issue as to why this bill should be passed.  I’ve filed and run and won a number of initiative campaigns in the past and I’m a strong defender of the initiative process.  I’m from back in the old days before paid signature gatherers,  where we used volunteers to collect all the signatures.  These days most campaigns raise $500,000 to $600,000 to pay for the signatures collected by contracted workers who get paid by the signature. This is what Eyman does.  So in terms of the overall cost of a campaign to just get on the ballot,  $250 is a reasonable fee.

But the real problem is that some initiative filers abuse the system.  They file multiple initiatives to game the system to try to get a good ballot title.  They also game it to try to get a good ballot number. Bill Sizemore did this in Oregon and 2 years ago the Oregon State Legislature made changes to their initiative law to stop this practice, by requiring that initiative sponsors show public support for their proposal before committing state resources and revenue to process an initiative.  Oregon now requires that when an initiative is first filed that it include signatures of 1000 sponsors who are registered voters in the state.

What upset Senator Pam Roach was that I noted that Tim Eyman also did ballot title shopping.  Ballot title shopping is where you file multiple versions of an initiative with minor word changes to try to get the most favorable wording of the ballot title and summary.  This all runs up the state expenses to process and defend ballot titles if they are challenged by either the sponsor or someone else.

Last year Tim Eyman filed 24 initiatives, basically multiple versions on 3 different topics.  Some were filed as initiatives to the people and some as initiatives to the legislature.  He only collected signatures on one of these.

This year Eyman  has already filed 5 versions of the same initiative, including 4 he filed on the first filing day for initiatives to the people. Obviously this calls into question Tim’s explanation that he filed multiple versions to get feedback and make changes.

The reality is that you don’t need to file multiple initiatives to get feedback.  You can send anyone who want copies of the measures and ask for feedback on your draft before you file. This is the way most initiative sponsors do it.  Copies can be sent to all the Legislators and the Governor and interested parties as well as lawyers. You can revise your drafts and ask for further comments.

Well in Senator Roach’s opinion I had impuned the motives of Tim Eyman by noting that he ballot title shopped his initiatives. She started ranting that I should cease testifying and be removed from the hearing.  Senator Darlene Fairley, the Chair of the Committee basically ignored her and allowed the Hearing to continue.

Pam Roach is an ardent Eyman supporter and is a sponsor of his current measure to try to reimpose, if repealed,  the I-960 provisions that currently allow 1/3 of the Legislators to prevent 2/3 of the Legislators  from raising revenue or repealing  any under-performing tax exemptions.  It is a backdoor governing approach that gives the conservative Republicans minority control over the state budget even though voters clearly elected a majority of Democrats.

What they can’t win at the ballot box by electing a majority of conservatives and other Republicans to run the Legislature, they are doing by changing the operating rules of the Legislature to give a minority veto power over the budget.

Initiative 960 and Eyman’s current initiative are unconstitutional.  The Washington State Constitution says that the Legislature shall act by majority rule.  The Legislature by simple majority vote can repeal I-960. They need to do that and move on to raise revenue to keep essential services. Cutting $2.6 billion means huge job losses which will make the recession even worse. It’s time to eliminate the unconstitutional abuse of power by conservatives. Democrats need to step up and act.

Activist Supreme Court Rules for Corporate Domination of Campaigns

The US Supreme Court today opened the corporate floodgates to unlimited spending on political campaigns by repealing key sections of the McCain Feingold Bill that placed limits on corporate and labor spending in national elections.

The decision makes a mockery of conservatives decrying judicial activism because the Supreme Court in a 5 to 4 vote reached beyond the initial case to review several recent Supreme Court decisions and overturn them. The decision enhances the influence of corporations and labor unions by equating money with free speech. The ability of corporations to spend money greatly exceeds that of labor unions.

Unfortunately we are not all equal in the amount of money we have so the decision further diminishes the influence of most voters to affect the outcome of elections. The conservatives on the US Supreme court ruled in favor of corporate paid speech over individual free speech and a fair playing field for political dialogue. They shifted the advantage to moneyed interest to dominate political campaign.  This is not free speech, this is handicapping elections in favor of corporations and  business. This is what you get with conservatives controlling the US Supreme Court as the result of appointments by Republican Presidents and points to the extreme importance of who is President and who they  nominate to the US Supreme Court.

Obama in the White House will make a big difference in any future Justices appointed. While Democrats were caught snoozing in Massachusetts, allowing Republican to snatch the 60th vote needed to stop the filibuster; they now need to work harder to be organized and oppose any further erosion of Democratic support. A goal should be to get that filibuster proof majority back in the US Senate.

This Supreme Court decision is just another example of how a right wing conservative agenda is bad for America and its citizens. Corporations are not equal to citizens. There is an extreme danger in this ruling that money will be a more decisive factor in future elections  than issues. Money buys exposure.  Unfortunately the Supreme Court ruled against  restraining special moneyed interests from dominating the political discourse. Democracy unfortunately is the victim and voters will suffer as a result.

The Democrats Failure.

As we await the outcome in the Senate race in Massachusetts, one thing is certain.  The Democrats are failing to articulate their message to voters.  Nationally Democrats have become complacent, allowing right wing Republicans and the so called Tea Party fanatics to define what the Democrats are about. One has to wonder where is the vision, where is the voice articulating a progressive future for America.

Democrats have allowed conservative voices to dominate the airwaves with outrageous claims and make Democrats the issue  rather than the failed conservative policies that contributed to our current recession.  They have allowed the Tea Party rhetoric to switch the blame for failed conservative free market and de-regulation policies to Democrats who are struggling to clean up 8 years of failed fiscal policies under Bush.

EJ Dionne in a commentary yesterday entitled  Mass. Senate raises lessons for Obama  discusses the Democrat’s problems:

“…the success of the conservative narrative ought to trouble liberals and the Obama administration. The president has had to “own” the economic catastrophe much earlier than he should have. Most Americans understand that the mess we are in started before Obama got to the White House. Yet many, especially political independents, are upset that the government has had to spend so much and that things have not turned around as fast as they had hoped.

It’s also striking that most conservatives, through a method that might be called the audacity of audacity, have acted as if absolutely nothing went wrong with their economic theories. They speak and act as if they had nothing to do with the large deficits they now bemoan and say we will all be saved if only we return to the very policies that should already be discredited. …

…the truth that liberals and Obama must grapple with is that they have failed so far to dent the right’s narrative, especially among those moderates and independents with no strong commitments to either side in this fight.”

Just winning the election was only 1 step. It’s like scoring a touchdown and then walking off the football field before the game is over. It’s like winning the first game of the season and then not showing up for the next game. You can’t achieve change if you’re not engaged in an ongong matter. And a big part of the game in politics is getting your message out there defining who you are and what you stand for and what you intend to do for the country; it’s not by letting the fringe conservatives, with no agenda except being in power, define who you are by outshouting you.

America’s free press is disappearing and real political analysis is being lost as polls, yelling and shouting replace political dialogue and serious discussion of the issues. Money exerts an even greater influence in driving politics as an independent press ceases to function and corporate conglomerates consolidate media power. TV, where most people get their news, loves a political circus with controversy. They love car crashes and political scandals more than hard hitting investigations and analysis of policies and programs that affect peoples lives every day. Not enough drama.

Citizens need to demand more from our media and more from our elected officials to engage the public in running our country. Democrats need to wake up and work for the future they want. No one is going to just hand it to them Let’s hope the Democrat’s in power wake up to this reality before the opportunity for real change passes us by again.

Need to raise $1.7 billion in revenues

Advocates should be loud and assertive about the need to raise revenues. Governor Gregoire has said she would raise only $700 million of the deficit, about one-third in revenues, and balance the rest with cuts to essential services.

The King County Democrats take the position that we should raise two-thirds in revenues and cut one-third in services. The amount of the revenue goal will determine what kind of revenues are considered. It will be less painful to vote for a few large taxes than many small ones.The Governor has said she wants to address tax breaks. I suggest the legislature start with the largest non-performing tax break. That would be Boeing’s 2003 $3.2 billion (over 20 years) for promising 1,200 additional jobs. Instead, last year alone they laid off over 10,000.

The Seattle Times on Sunday Jan. 4th ran an article about other states rescinding their nonperforming tax breaks and demanding refunds, or “clawbacks.” We want to see that here, too. We don’t appreciate being played for fools.

Extending the sales tax to all services, not just professional services, would do the most to fill the deficit gap. It would also be, in effect, progressive tax, since low-income people tend to hire few lawyers, accountants and financial advisers. I’ll bet most moderate-income people would prefer to pay sales tax on haircuts, rather than see 65,000 people lose Basic Health plans. According to the Rebuilding our Economic Future Coalition, a recent poll showed that–after hearing how deep the cuts in services would be–65% of Washingtonians supported increasing revenues.

Legislators should also use this crisis as an opportunity to take needed steps toward an income tax for high-earners, couples making over $500,000. This 1% tax would be constitutional if Washington law defined income as different from property. Sens. Adam Kline and Rosa Franklin’s SJB 8205  addresses this and should be given an early hearing.

Most of all, Democrats should take courage, and note that Seattle passed the Seattle Housing Levy in a time of economic downturn by its biggest margin ever, 68%. Trust the voters to know that you’re doing the right thing.
(This post first appeared as a comment on the Northwest Progressive Institute blog.)

Representative Cody Proposes Tax Increase on Tobacco to Raise New Revenue

The State of Washington is facing an additional $2.6 billion shortfall in revenue for the remainder of the current biannual budget cycle.  Critical state services will be cut unless tax revisions and  proposals to raise new revenue are adopted by the Washington State Legislature.

Below is a copy of a just received press release regarding a proposal already adopted by a number of other states – namely raise the tax on tobacco products which contribute to health care costs in the state.  Legislators should support this measure as a reasonable alternative to further budget cuts and further loss of vital state services.

Representative Cody Sponsors Bill to Increase Tobacco Tax
Health Care Committee Chair aims for $88 million in revenue and decline in smoking rates


 Olympia – Representative Eileen Cody (D – West Seattle), chair of the House Health Care and Wellness committee, has prefiled a bill for the 2010 legislative session to increase the tax on cigarettes by $1 and raise additional taxes on other tobacco products.

“Studies show that an increase in tobacco taxes will help kids stop smoking and may even prevent them from starting in the first in the place,” says Cody, a nurse who has made public health a priority during her tenure in the Legislature.

“At a time when our state faces a $2.8 billion budget shortfall, we desperately need additional revenue,” she continued. “Taxing tobacco makes sense: we save lives and millions of dollars in health care costs and help balance the state budget.”

House Bill 2493 would increase the cigarette tax by $1.00 and close tax loopholes, bringing tax rates on other tobacco products to parallel levels. The proposal would raise annual state revenues by at least $88 million. Of that, $19 million would be used to fund programs that help smokers quit and keep kids from ever starting to smoke.

A coalition of health organizations attempted to pass a similar measure last year, but it was limited to cigarettes and the revenue was more targeted to cessation programs. This year, many lawmakers as well as anti-tobacco use advocates believe there are few health care services and programs that can withstand additional cuts and are more willing to consider taxes and a broader application of the revenue.

The inclusion of smokeless products in this year’s bill — including deceptively marketed fruit-flavored products in bright packaging– reflects a growing fear that tobacco companies are taking advantage cuts in tobacco prevention programs across the nation to ramp up their marketing to children. Raising the cost of products and protecting funding for cessation and education programs is one effective way to protect youth from starting to use tobacco products.

Additionally, there is growing public support for these taxes here in Washington State. According to a recent survey, 70% of registered voters in Washington favor raising taxes on tobacco products.

“The tobacco industry is getting more clever at marketing to kids. On a recent trip to the store, I found apple and peach-flavored chewing tobacco and blackberry-flavored cigars. These products are obviously targeted at youth,” said Erin Dziedzic, Washington State Government Relations Director for American Cancer Society Cancer Action Network (ACS CAN).

”We know that raising taxes on smokeless tobacco, as well as cigarettes, will mean a drop in use especially among youth and young adults. For example, one study found that a 10 percent increase in smokeless tobacco prices reduces male youth consumption by 5.9 percent, with two-thirds of that reduction coming from kids stopping any use of smokeless tobacco at all,” said Lucy Culp, Washington Government Affairs Director for American Heart  Association.


For Immediate Release: January 5, 2010
Contact: Erin Dziedzic, American Cancer Society Cancer Action Network, 425-466-5177
Lucy Culp, American Heart Association, 360-870-4016

King County Democrats Select 2010 Legislative Agenda

In December the King County Democrats Legislative Action Committee met to finalize their Legislative Action Agenda for 2010. The 2010 Washington State Legislature convenes on January 11, 2010. The session only lasts 60 days. The main focus will be on dealing with a projected additional $2.6 billion shortfall for the remainder of this 2 year budget cycle.

The King County Democrats Legislative Action Agenda includes both short and long term priority goals, realizing that it will be difficult to enact new legislation in this short session under difficult budget constraints. The 2009 Legislative session raised no new revenue.

The King County Democrats support trying to bridge this new gap of an additional $2.6 billion shortfall by trying to raise 2/3 of it through new revenue and 1/3 by additional cuts. This will require suspending or repealing the constraints of Initiative 960 which require a 2/3 vote of the Legislature to raise any revenue or eliminate any special interest tax exemptions.

I-960, having been in place 2 years, can now be amended or repealed by a simple majority of the Washington State Legislature. I-960 is actually in contradiction to the Washington State Constitution which says the Legislature shall act by majority vote. I-960 allows a minority of Legislators to block any revenue increase and Legislators have been reluctant to question the constitutionality of I-960. A suit by Senate Majority Leader Lisa Brown was not acted on by the State Supreme Court saying it was an internal issue for the Legislature, not the Courts, to address.

Below is the Adopted 2010 Legislative Agenda for the King County Democrats:

King County Democrats Legislative Action Committee



2010 Legislative Agenda

1. Revenue

• Repeal I-960 and raise revenue to provide adequate funding for vital state services – repeal provisions requiring supermajority votes to approve tax and revenue issues, raise at least 2/3 of shortfall via new revenue and repealing tax exemptions

2. Tax Reform

• Repeal non-performing corporate tax breaks, sunset tax exemptions every 5 to10 years

• Require Tax Expenditure Reports as part of state budget process, prioritize exemptions, require approval as part of budget process

• Implement a state income tax on high income earners over $250,000

• Tax reduction for low income households and small businesses – Homestead Exemption or circuit breaker legislation

3. Banking, Foreclosure and Predatory Lending Reform

• Require lenders to use mediation, require proper maintenance of foreclosed homes, give homeowners right to rent former homes, increase state enforcement powers, extend initial timeline to respond to foreclosure to 90 days from 30 days, and give whistle-blower protections to employees at lending institutions.

• Establish a public Washington State Bank similar to North Dakota’s for infrastructure

4. Human Services

• “Disability Lifeline”–Protect poverty programs: Temporary Assistance for Needy Families (TANF), Apple Health for kids, Basic Health, Emergency Food Assistance, Medicaid, mental health, substance abuse treatment and General Assistance for people with disabilities

• Prohibit source of income (e.g., Sec. 8) as a means to discriminate

• Pass Fair Tenant Screening Act to regulate screeners and make reports valid for 60 days

5. Housing

• Promote State Housing Trust Fund at 50% of previous level of effort (or $50 million) as a shovel-ready jobs bill

• Workforce Housing Fund Construct or purchase 25,000 rental units through housing authorities for working families at or below 80% of median income

• Homebuilding Revitalization Act –give homeowners recourse to remedy defects in new homes that need repair

6. Environmental Priorities:

• Invest in Clean Water Bill (HB 1640) raise funds for clean water infrastructure and storm water control by imposing a per-barrel fee on petroleum products.

• Safe Baby Bottle Act will phase out harmful bisphenol-A (BPA) in baby bottles, etc.

• Oppose budget cuts to environmental programs

• Create recycling program for fluorescent lights – require lighting producers to provide a convenient statewide recycling program for fluorescent lights to prevent exposure to and release of toxic mercury

7. Public Health and Safety

• Secure Medicine Return – require drug producers to provide secure collection and environmentally sound disposal of unwanted, unused, or expired medicines, as they do in other countries.

8. Election and Initiative Reform

• Public Financing of campaigns for Washington State Supreme Court – optional public financing for campaigns, providing adequate sums to run competitive campaigns

• Universal Voter Registration – opt out, not opt in, legislation for motor voter registration

• Same-day voter registration

• Increase initiative filing fee to $100; $25 when file with Secretary of State, $75 when re-file for ballot title and summary; alt – $100 or 500 signatures

• Require signature gatherers to be Washington State residents

• Set up Citizen’s Initiative Review Process like recent Oregon legislation.

• Support initiative signatures being public

9. L&I “Retro Reform”

• Greater regulation and transparency of L&I insurance pool refunds(S 6035)

10. Labor

• Collective bargaining for musicians, early childhood educators, 2-year college faculty, lecturers and interpreters

• Require prevailing wages to be paid on all public private partnerships and projects involving public or private land

11. Education

• Redefining funding formula for basic education

• More options for helping underperforming schools

• Levy Equalization

• Include early learning education for at risk children in definition of basic education

12. Criminal Justice

• Revise three strikes and sentencing guidelines

• Change how juveniles are sentenced as adults

King County Democrats Legislative Action Committee

. – Sarajane Siegfriedt & Steve Zemke Co-Chairs

Adopted by Legislative Action Committee 12/13/2009