Running against a constitutional clock to adjourn in a few days, some lawmakers are openly discussing the need for a special session to balance the budget and raise taxes on recession-strained Washingtonians.
As noted by the Seattle Times:
"Past a longshot," was how Sen. Rodney Tom, D-Bellevue, summed up the odds Monday for an on-time finish.
The regular session is required under the state Constitution to end by midnight Thursday. A special session, which would have to be called by Gov. Chris Gregoire, would bring inevitable criticism about the extra $20,000-a-day cost to taxpayers for legislators' expenses.
But some Democratic leaders say a brief special session — say about a week — could be justified given the size of the state's budget woes.
"We're dealing with the largest fiscal problem the state Legislature has faced since the Great Depression," said Sen. Ed Murray, D-Seattle, one of the budget negotiators. "I think we need to go into a short special session to get it right."
After rejecting calls for a special session last fall when the state's finances further deteriorated, do lawmakers deserve overtime if they fail to do their job during the constitutional 60-days provided?
There is another solution as highlighted by House Speaker Pro Tempore Jeff Morris.
Morris told the Capitol Record:
"I think something that’s not been widely talked about is not adopting a budget at all is an option. We have a supplemental budget -– if we didn’t adopt one and if we got into a cash flow issue, the governor has the authority to start doing across-the-board cuts . . . if we can’t get people together with either an agreed to budget number or what taxes are need to buy state services back then that would be an option. That would probably be the most draconian but one that would be the most expedient."
According to RCW 43.88.110 (7):
"If at any time during the fiscal period the governor projects a cash deficit in a particular fund or account as defined by RCW 43.88.050, the governor shall make across-the-board reductions in allotments for that particular fund or account so as to prevent a cash deficit, unless the legislature has directed the liquidation of the cash deficit over one or more fiscal periods . . ."
Lawmakers chose not to solve the state's budget deficit last fall and are on the verge of failing to do so again during the 60-day 2010 Session. State law provides a remedy for the Governor to balance the budget if the Legislature is unable to do so.
If a special session is called, however, it should be done by the Legislature and not the Governor. According to Article 2, Section 12 of the state Constitution, only a special session called by the Legislature is limited to a specific topic. If called by the Governor, lawmakers are free to consider any bill or policy.
The last thing taxpayers need is a "Christmas tree" special session where votes are traded in exchange for new shiny ornaments of spending or policies.
Jason Mercier is the director of the Center for Government Reform at the Washington Policy Center. He serves on the Executive Committee of the American Legislative Exchange Council's Tax and Fiscal Policy Task Force and is a contributing editor of the Heartland Institute's Budget & Tax News. Mercier also serves as treasurer on the board of the Washington Coalition for Open Government and was an adviser to the 2002 Washington State Tax Structure Committee.
